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HomeMy WebLinkAbout1971-02-24; City Council; 372; Puplic Utility (P-U) zoneTHE CITY O F CARLSBAD,CALIFORNIA Agenda Bill No. 'Referred To: CITY COUNCIL Date: FEBRUARY 24, 1971 Subject: pyBLIC UTILITY(P-U) ZONE - Amending Ord. #9060 to create same Submitted By: "-=~ Planning Commission and " Department Statement of the Matter Following many months in a Planning Commission "work committee" and discussions by staff with a utility comp-any, the recommendations incorporated in resolution referenced below, represent the final draft and efforts on this new zone. The staff report further explains the uses involve'd and reasons for including them in the City's zoning ordinance. Exhibit 1 - Staff Report dated 2/19/71 2 - Planning Commission .Res. 690, adopted 2/23/71 3- Resolution #1830 of the City Council. 4- Ordinance #9268. Staff Recommendations Adopt the text as set forth in .Res. 690, creating a new P-U Zone Afl Wo.Date.- February 24, 1971 City Manager's Recommendation -" • This new .zone has been discussed with City Manager prior to the staff rep.ort recommendation to approve same. Council Action <?*•&» a^^i/uAxUtft f February 19, 1971 TO: FROM: SUBJECT: PLANNING COMMISSION CITY MANAGER Proposed PU (Public Utility Zone) Section 1 - Technical Report 1. The PU (public utility zone) is a new zone classification permitting the following uses: a. Generation and transmission of electrical energy; b. Public utility district maintenance, storage and operating facilities; c. Municipal maintenance and storage facilities; d. Processing, using and storage of: 1. Natural Gas 2. Liquid Natural Gas 3. Domestic and Agriculture Water Supplies. e. Using and storage of: 1. Fuel Oils. f. Agriculture g. Open Space and Recreation h. Any sub-use deemed necessary to conduct said activities, providing there shall not be permitted any use which shall create offensive smoke, noxious gas or odor, sound vibration, or lighting and atmospheric pollution. 2. This zone will compliment the use of the existing PM (Planned Industrial Zone), PC (Planned Community Zone) and R-D-M (Residential Density Multiple Zone) in that it is a "performance- type" zone. Proposed PU (Public Utility Zone) February 19, 1971 Page Two. 3. It will also serve more directly as a General Plan implementing device. In a similar fashion as the performance type zones mentioned in No. 2. 4. It was conceived to prevent possible nuisances and to enhance neighborhood quality by providing extensive design elements through development within the zone. Section 2 - Staff Recommendation Many months have been spent in smoothing out potential problems in this proposed zone. It is the staff's recommendation that the PU Zone be adopted. Section 3 - Reasons for Approval 1. This PU zone will be directly applicable to implementing The General Plan. 2. It will provide the City with sufficient controls to prevent possible public nuisances and to enhance neighborhood quality. 3. It is in keeping with the trend toward performance zoning as in the case of the PM, PC and R-D-M zones. J. W. Arnold City Manager JBA/lo cc: Planning Department 1 (PUBLIC UTILITY) ZONE 2" 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PLANNING COMMISSION RESOLUTION NO.690 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO ORDINANCE NO. 9060, CREATING A P-U The Planning Commission of the City of Carlsbad does hereby resolve as follows: WHEREAS, the Planning Commission did on the 26th day of January, 1971, adopt Resolution of Intention No. 77 to amend Ordinance No. 9060, thereby adding a P-U(Public Utility) Zone, by adding Article 13.55 to the ordinance. WHEREAS, said Planning Commission did on the 23rd day of February, 1971, hold a duly advertized public hearing as prescribed by. law, to consider an amendment to Ordinance No. 906 by adding Article 13.55, creating a P-U(Public Utility) Zone, to read as follows: 'Section 1355: P-U(PUBLIC UTILITY) ZONE: This zone is created to provide an area for the development of certain public utility uses. The following uses only shall be permitted in the Public Utility Zone, unless as may be otherwise provided for in this Ordinance: A. Each parcel shall be used only for: (1) Generation and transmission of electrical energy; (2) Public utility district maintenance, storage and operating facilities; (3) Municipal maintenance and storage facilities; (4) Processing, using and storage of: a. Natural Gas b. Liquid Natural Gas c. Domestic and Agricultural Water Supplies. (5) Using and storage of: a. Fuel Oils (6) Agriculture (7) Open Space and Recreation (8) Any sub-use deemed necessary to conduct said activities, providing there shall not be permitted any use which shall create offensive smoke, noxious gas or odor, sound vibration, or lighting and atmospheric pollution. XX -2- Section 1356? SPECIFIC PLAN: The public utility shall submit to the Carlsbad Planning Commission and City Council a Specific Plan for adoption by said bodies, in conjunction with a public hearing concerning reclassificatlon to subject Public Utility Zone. Said plan shall comply with the provisions of Sections 03, 04, 05 and 06 and shall in general delineate the following: ri 1. Indicate locations/ bulk and height, of structures, including buildings, storage tanks, and transmission facilities;8 2. Open space, which would Include agriculture, recreation and landscaped areas; 3. Any other appropriate use listed under Item A, Section 1355, ~~. of this ordinance. 12 Section 1357.- MINOR REVISIONS OF PLAN: Any modifications from the 13 original plan still in keeping with the Intent and concept of said plan, may be filed 1 with the Planning Department for approval. Section 1358: YARD SETBACKS: Yard setbacks shall be as follows, except in the approval of a Specific Plan, lesser yard setbacks may -I rtJ-' be permitted. A. Front Yards - shall not be less than 50 feet; 19 20 21 B. Side Yards - adjoining a street, shall not be less than 30 feet; all other side yards, shall not be less than 20 feet. C. Rear Yards - shall not be less than 25 feet. 22 Section 1359: AREA REQUIREMENTS: The minimum lot area shall be 23 One(l) acre, except when application for a Specific Plan has been 24 approved, a smaller lot size may be permitted, 25 Section 1360.- PERMISSABLE LOT COVERAGE: All buildings. Including o /? accessory buildings and structures, shall not cover more than 50 27 percent of the area of the lot. 28 Section 1361: LANDSCAPING AND PARKING REQUIREMENTS: 29 A. No parking or loading area shall be located: 30 (1) in a front, side, or rear yard adjoining a street; 31 (2) within ten (10) feet of an Interior side or rear property 32 line, XX XX XX -3- Section 1361: (Continued; B. Except for approved ways of Ingress and egress, parking and loading areas, all required yard areas shall be: (1) Permanently landscaped with a combination of one or more -- lawn, shrubs, trees and flowers;5 (2) Served by a water irrigation system and be supplied with bubblers and sprinklers; 7 (3) No walls and/or fences over four(4) feet in height may o be constructed in any area where landscaping is required;o g (4) All plans for such landscaped areas shall be subject to approval of the City Planning Department, prior to 10 construction and placement thereof; -,-, (5) Offstreet parking areas shall be landscaped in accordance with Ordinance No. 9181; 12 (6) All outdoor storage,Including equipment, shall be completely enclosed by a solid concrete or masonry wall not less than six(6) feet In height; said wall shall screen the stored materials from the view of the adjoin- ing properties or streets. If due to site conditions and in addition to the wall, complete visual screening of stored materials is not possible, trees and other plant 15 materials shall be used to obtain maximum visual screening. 17 tfHBREAS, at said public hearing the said Commission received 18 the recommendations/ objections, protests and comments of all 19 individuals and parties who desired to be heard; 20 ffHEREAS , said Commission did find the following facts and 21 reasons to exist which make said amendment necessary to carry out 22 the provisions and general purpose of Ordinance No. 9060: 23 i. This public utility zone will be directly applicable to Implementing the General Plan. 24 2. This zone will provide the City with sufficient controls to 25 prevent possible public nuisances and to enhance neighborhood quality. 26 3. Jt is in keeping with the trend towards performance zoning as 27 in the case of the P-M, P-C and RD-M Zones. 28 SOW, THEREFORE, BE IT RESOLVED that said Amendment to Ordinanc^ 29 NO. 9060, by adding Article 1355, is hereby recommended to be ap- 30 proved, 31 AND FINALLY RESOLVED, that a copy of this resolution be forwarty- •zr)0<i ed to the City Council for its attention, in the manner prescribed by law, XX XX AYES: Commissioners Josef Dewhurst, Domlnguez, Forman, Hermsen, Palmateer, and Little5 6 7 8 9 10 11 ROBERT T. LITTLE, Chairman ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -4- PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 23rd day of February, 1971, by the following vote, to wit: NOES: None ABSENT: None. JACK L. FORMAN, Secretary 1 2 3 4 20 21 22 23 24 ' RESOLUTION NO. 1830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISION RELATING TO THE PROPOSED AMENDMENT TO ORDINANCE NO. 9060, BY ADDING THERETO ARTICLE 13.55, CREATING A P-U (PUBLIC UTILITY) ZONE. 5 WHEREAS, on the 23rd day of February, 1971, the Carlsbad6| City Planning Commission adopted Resolution No. 690, which is herewith referred to and made a part hereof; andiI WHEREAS, the Carlsbad City Council has. published notice that a hearing would be held on March 16, 1971, at 7:30 o'clock P.M., at which hearing tKe proposed amendment would be considered; and WHEREAS, the City Council has received all recommendations and heard all persons interested in or opposed to the proposed amendment; NOW, THEREFORE, the City Council of the City of Carlsbad does15 i hereby find, and adopt as the findings of the City Council the _ recommendations, of the planning Commission as set forth in the above referenced resolution of the Planning Commission.18 IT IS HEREBY CERTIFIED by the City Council that the approval of the proposed amendment is necessary to carry out the general puspose of Ordinance No. 9060 as amended. IT IS HEREBY DECLARED by the City Council of the City of Carlsbad that said City Council intends to adopt an ordinance to effectuate the proposed amendment. IT IS HEREBY ORDERED THAT the City Attorney is instructed to prepare an ordinance amending Ordinance No. 9060 to effectuate 27! i 281 29;j 30 26 the amendment. JCX XX XX 31[ XX 32 i XX I PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 16th day of March, 197.1, by the following vote, to wit; 4 AYES: 5 NOES: 6 I ABSENT; 7 8 9 D. M. DUNNE, Mayor of the City of10; . Carlsbad, California 11 ATTEST; 12 15 : 14! MARGARET E. ADAMS, 15j City Cleric 16! 17 CSEAL) 18 j \ 19 20 21 I 22| 23! 24; 25; 26 27! 28 29; i 301 j 31! i 32 1 2 AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING 3 CREATING A P-U (PUBLIC UTILITY) ZONE. 4; 5 8 ORDINANCE NO. 9268 ORDINANCE NO. 9060 BY ADDING ARTICLE 13.55, The City Council of the City of Carlsbad does ordain as fol1ows: SECTION 1 : Ordinance No. 9060 is hereby amended by adding thereto Article 13.55, creating a P-U (Public Utility) Zone, which shall read as follows: Section 13.55: P-U (PUBLIC UTILITY) ZONE: This zone is created to provide an area for the development of certain public u t i1i ty uses. The following uses only shall be permitted in the Public Utility Zone, unless as may be otherwise provided for in this Ordi nance. 10; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (7) Open Space and Recreation 251 (8) Any sub-use deemed necessary to conduct said activities jl providing there shall not be permitted any use which 26;j shall create offensive smoke, noxious gas or odor, il sound vibriation, or lighting and atmospheric pollution & ( • ' Section 13.56: SPECIFIC PLAN: The public utility shall28 submit to the Carlsbad Planning Commission and City Council a (+*»/ pecific Plan for adoption by said bodies, in conjunction with a n;:>ublic hearing concerning reel assifi cation to subject Public Utility O-I. ilone. Said plan shall comply with the provisions of Section 03, 04,32 )5 and 06 and shall in general delineate the following: Each parcel shall be used only for: (1) Generation and transmission of electrical energy; (2) Public utility district maintenance, storage and operating facilities; (3) Municipal maintenance and storage facilities; (4) Processing, using and storage of: a. Natural Gas b. Liquid Natural Gas c. Domestic and Agricultural Water Supplies. (5) Using and storage of: a. Fuel Oils (6) Agriculture 1 2 3 4J 5 6 V 8J 9 10 11 13 14; 15 | 16 | i 17 18 19 20 21 22 23J 24; j 25 i 26 | 27; 281 29' 30; 31; 32 Section 1356: (continued) 1. Indicate locations, bulk and height, of structures, including buildings, storage tanks, and transmission faci1ities; 2. Open space, which would include agriculture, recreation and landscaped areas; 3. Any other appropriate use listed under Items A, Section 1355, of this ordinance. Section 1357: MINOR REVISIONS OF PLAN: Any modifications from the original plan still in keeping with the intent and concept of said plan, may be filed with the Planning Department for approval Section 1358: YARD SETBACKS: Yard setbacks shall be as fellows, except in the approval of a Specific Plan, lesser yard setbacks may be permitted. A. Front Yards - shall not be less than 50 feet; B. Side Yards - adjoining a street, shall not be less than 30 feet; all other side yards, shall not be less than 20 feet. C« Rear Yards - shall not be less than 25 feet. Section 1359: AREA REQUIREMENTS: The minimum lot area shall be One (1) acre, except when application for a Specific Plan has been approved, a smaller lot size may be permitted. Section 1360: PERMISSABLE LOT COVERAGE: All buildings, including accessory bui1dings ' and structures, shall not cover more than 50 percent of the area of the lot. Section 1361 : LANDSCAPING AMD PARKING REQUIREMENTS: A. No parking or loading area shall be located: p) in a front, side, or rear yard adjoining a street; (2) within ten (10) feet of an interior side or rear property line. B. Except for approved ways of ingress and egress, parking and loading areas, all required yard areas shall be: (1) Permanently landscaped with a combination of one or more -- lawn, shrubs, trees and flowers; (2) Served by a water irrigation system and be supplied with bubblers and sprinklers; (3) No walls and/or fences over four (4) feet in height may be constructed in any area where landscaping is required; (4) All plans for such landscaped areas shall be subject approval of the City Planning Department, prior to construction and placement thereof; XX -2- 1 2 3 4 5 6 screem ng.7 8 10 i 11 1 12 \ 13 14 15 | 16 ! i 17 18 19 20 21 22 23 24 25 26 ! 27 Section 1361: (continued) (5) Offstreet parking areas shall be landscaped in accordance with Ordinance No. 9181; (6) All outdoor storage, including equipment, shall be completely enclosed by a solid concrete or masonry wall not less than six (6) feet in height; said wall shall screen the stored materials from view of the adjoining properties or streets. If due to site conditions and in addition to the wall, complete visual screening of stored materials is not possible, trees and other plant materials shall be used to obtain maximum visual SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately because it is for the immediate preservation of the public peace, health, and safety in that there is presently no Public Utility Zone in force in the City of Carlsbad and there is immediate need for such a zone so that property may be so classified and thereafter developed, and no other zone allows the development and uses of this zone. SECTION 3: PUBLICATION. The City Clerk of the City of Carlsbad is hereby directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in said City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the /^ day of _ » 1971, by the following vote, to wit: AYES: NOES: ABSENT D. M. DUNNE, Mayor of the 28'i City of Carlsbad, California 29 30; 31! 32! ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) -3-