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HomeMy WebLinkAbout1971-07-20; City Council; 492; CHANGE OF ZONE TO P.U. (PUBLIC UTILITY) AND ADOPTION OF A SPECIFIC PLAN LIMITING LAND USES | APPLICANT: SAN DIEGO GAS AND ELECTRIC COMPANY1.L' vi 'Y, H ,T zI CITk -. -0 F C A R L S B A m u, CALXF'ORN *e c z egenda Bill No. 99% Da t'e : 7- ZU+/ keferred To: City Council Subject: Change of zone to P.U. (Public Uti.1ity) and .Submitted BY. ado'p'tion of a Specific Plan limiting land uses; Planning Comn applicant: San Diego Gas & Electric Company , _- - Statement of the Matter The Planning C-ommission hearing on June 22, 1971, resulted in a recommendation of approval (6 to 1 vote) for subject preannexation zone change from R-A, R-3 and M zones to P-U (Public Utility) zone and the adoption of required specific plan on approximately 680 acre of land East of the Pacific-Ocean .and South of the North shore of As Hedionda Lagoon. -The Commission's recommendations for approval were as follows: (1) The P-U Zone will eliminate uncontrolled industrial zones which exi"st; (2) The P-U Zone will be directly applicable to implementtng the General Plan, and (3) The P-U Zone will provide the City with sufficient controls to prevent possible public nuisance ar -to enhance neighborhood quality. The documents itemized below compl this application for your further review and hearing. - Exhi bi t 1 - Application for zone change to P.U. (Public Utility) Zone and ad of Specific Plan 2 - Staff report of 6/10/71 with department sketch 3 - Planning Commission Resolution No. 711, recommending approval to touncil 4 - Appficant's Exhibits --- Development Plan, Boundary Map,/Specific 5- Suggested conditions for Cannon Road and Carlsbad Blvd./ (Exhi bit Staff Recommendations Zone Change Staff recommendations, as more completely out1 ined in reference staff report, requests approval of this development proposal subjec to alT conditions of Public Utility Zone Ordinance No. 9268.. The proposed development is subject to all conditions as outl-ined in the Staff Report of 6/10/71. One condition was added to the report by.the plann-ing commission which designates that the "Site of Future. Power Plant", east of Interstate-5 be subject to review and Specific Plan approval at a later-date. NOTE; r -3 __ I '1 v 4 0 1 Date.- 1 4- ' ", AB NO. 492 I .. a e City Manager's Recommendation Concur with staff recommendations. Counci 2 Action 7-20-71 The applicants request was granted and Resolution #1880 was adopted, announcing findgs and deiision re: . Pre-annexation change of zone, and specific plan. A first reading was given Ordinance #9279 as amended and Ordinance #9280, approving specific plan and zone change. 8-3-71 A second reading was given Ordinance #9279., adopting 'Specif Plan and Ordinance No. 9280, granting a-zone change, was ad -, .. .. -2- SAN DIEGO GAS 6r ELECTRIC CO'S. ENCINA POWER PLANT LEGEND I P~oPD-FD FACILXTIFS , rX,.ll*'a FII'ILITIm* CiT" CCUNCIL CF CARLSClrn A'. PEXBERS OF :hE FL.3NNIT; CCYY.SSICN GEYTLEYEN: Since talir.: 7ar.t in th' <.~k'ic hear-ing of .June T? reqarding the rezrning cf rl- San i)ik<jo -ds ,i Electric pro9e.-:., I have co~e to tie coni'u, .f!!i that I SIIO,:.? .d~rite YOU a letter making ny position acre c' a? acd a:sc, Sr ncinq some o; the past history of iarlsbad ~s.sus ti>, C~S Coi:>c?i to thost i~ewtlr members who may not hav- ,."is bacigc7~~d. Perhaps half of the r+siartits in Car;scac! i$!?o hav2 r3:i:e hepe within the last five or six rears, are unaware of the 'act :Fat tne Gas Company has prev?nted the develo~%ent Carisbad i laqr,?n as a harbor of refuqe and a very fine resiafltial-recVea':i3na: . - area. Few realize that this has gone o? fc- neaplv ,J :ears. because in recent years. the Com3any has taken a 2ubiic stance that it favcrs the development, -if, the enqineering a.a o'.r~sr small i tems meet with their approval. 'See hi sts-y at:ache:r; My experience has bcen, thac every tive a 1,arye deveioper gets interested in my ?ron?rtv,(and it is the key to the dev- elc~ment of the whole 'agabr, they fin? that the Gas Co~pany is :n\c~!ved. Khen tile- go to the Gas Com?any for zn inter-vir.w Cnzj alkays come awaj ,;?.rg"et.ely coo7,ed off atid disheartened. In. this wdy, the Co,npac~ <,a; :sen a!?:. 'o sta:l the sai~ or ?y prcperty, all tne other .!,o'perty owners,and p~rient th? de- vel.opment of the whole 12 1- for the *City sf Carlsbad. I.1 the ;meantime, i have had C.0 .d. extre.lely +iqi? taxes on ursa1~ao;e ~aterfront property, 35 ha;r lost of the ather laqoon pp,c!.er:y owners. This is a conrleteli tinfair arr bqjus: sit'ra'icn and the City should see to it triat the Ga; :o.-~dny d?es not qet their site for a seLond oowe- plant east of the Freewab cntii they come to some reasonab:e terms ab~st openin? tne '.:~c:sc to the ocean. It is my opinion t-at we do not lerd :he v2v.y expensivs type of harbor tiat wa; z:~ooo~.~c ;n bot!. :he "Ei.r .'im" and Fdtte*-:on reports. These repo-ts c~r,te;rplated f:~il de:e:opmer:t a'l a! once with figures rur,ning fro?. i! to 15 mil' '01. Ei th?~ of tnese plans wo~l3 be impossible nosw, wi.h the ra* s:tuation as i: is, so far as G-0 bonds go, v.hicb nust be a?sr~oved by the vot?rs. What 1 ~ould propose $.;ou:d be a s'rp'e ricved 'ientu-i s:!ev.'ng such as Noture builds of irs own acco,.d at c,~e;y such ?5:uraj. .1 - I the ~alls of the br'dl;e beina curved tr: ..~rii, +!.L . Ven! i.'. . . II is would not require excens've reek jetties e,<te-,:,ny far cut 'nt3 tne ocean and so avsid dealirg wit[, ..he C-:Y C? Etgineer:. The only,-other work needed to ,pen the harbor to small boats would be.deepen the channel paward of the bridge and to build a new high bridge (29.5 feet clearence) the same height as the Railroad and Freeway bridges. Nothing would be needed in the ocean other than bouys to mark the channel entrance. This would get the "show on the road" and encourage development of the upoer laqoon and then all other neeled facilities would follow. The Gas Company should be glad to SO along with the openina of the lagoon and qiving ul their clai~ to the navigable water. (See history) This would have no adverse effect upon cooling their plants, whether east or west of the Freeway and it might very well eliminate the yearly cost of dredqing the outev basin to keep the present channel from sanding up. If the dredging were not eliminated by tle venturi opening, at least the costs might be divided by all oarties involved. I would suggest the State Park, the City, the Gas Company and the property owners around the lagoon who would profit thereby. As a property owner on the upper lagoon, I would 10 along with a power plant at the Companys' proposed site east of the Freeway, provided they would agree to a joint opening of the lagoon as proposed above. Such a plant could easily be reressed into the south wall sf the lagoon with very little building extending above ground level. I would go along with much hiaher stacks too, because I recently read where the Citv of London practi~ally ,eliminated air rolution from their large generating plants by requiring new stacks nearly twice the height of those previously in use. ' It seems to me that tt,. Sns Company should be ashamed of its unreasoning tactics in blo cing the develooment of the Carlsbad Lagoon. Why hold that ola annexation grudge? It has been bad for public relations: bad .>r the stockholders and bad for the rate payers in the Co~nty. instead of encouraging the develop- ment of the area and the assessed valuat'on,relative to tneirs, they have blocked t9is growth to the detriment of themselves and everyone else concerned. Is this good business? They will nodoubt deny all of this, but action's speak louder. than words. Sincerely, I .. '. m m A HISTORY OF CARLSBAD VERSUS THE SAN DIEGO GAS R ELECTRIC COMPANY. As I remember, it was in the year 1954 that the San Diego c and Electric Company bought some 90 acres of land west of the Santa Fe Railroad tracks for an electric generating plant sit This 90 acres included the entrance to the lagoon and the muc flats and channels that made up what is now the outer basin t the high ground to the solith where the plant and other facili now stand, Prior to this time, local fishermen were using the entranc under the present bridge and mooring their boats some 200 yar upstream. A group of these boat owners and their friends hac organized the "Sportsmen's Club" and they had been directing their energies toward the development of the lagoon as a smal craft harbor. Small power boats could then easily pass under the bridge at mean or low tide and the narrow deep channel ha remained open for several years. At that time there were no rock jetties west of the bridge to endanger boats or people using the beach. It was a popular place for swimmers becabse of the narrow deep channel and the warm water generated in tt- shallow waters of the upper lagoon. When the Gas Company first bought the 90 acres it had plar projecting two largi pipelines westward into the ocean. This the conventional method. The method used in San Diego Bay ar at most of the other generating plants to the north along the coast. While surveying and test drilling for this part of th project, 800 acres of adjoining land in an esta.te were olaced the market atS200 per acre, and Gas Company officials, sensin a bargin, went into escrow. Out of this came a deal in which Mr. Ecke and Mr. Cannon aquired certain lands and the Gas Corn got the lagoon bottom and all of the south shore. They also aquired from Irwin Kelly, some 50 additional acres at the SOU east end of the lagoon. Thus they ended up with the 680 now proposed for re-zoning as P-U instead of the 90 acres that ha been thought sufficient for future expansion. By this time, waterfront residential property at Balboa ha reached the fantastic figure of $2000 per front foot, a well know fact that everybody was talking about. Gas Company offi lagoon for cooling water would cost no more than the two pipe it was decided to move in that direction. This was gooc busi judgement and the citizens of Carlsbad should be thankful for move, especially those property owners around tr:e lagoon. About this time, the Oceanside City Council saw the possib of annexing the Gas Company plant with its high assessed valu and they started proceedings to annex a connecting strip thro to build the plant where it is now and to get cooling water t knowing this and learning from their engineers that dredging '. a rn -2- Carlsbad west of the railroad. This would have taken the gr ocean. But annexation called for a vote in the strip and af a very hot campaign, it was defeated by a few votes. The PC seeing the close vote and knowing that Oceanside would soon again, decided to incorporate rather than be swallowed by ti- larger neighbor, This they did, and included all of the Gas property over the Gas Companies' strong opposition. part of Carlsbad's assessed valuation and cut them off from This inclusion of - 011 the Gas Company property was probab a serious mistake for they never forgave Carlsbad and they h stood in the way of every attempt at harbor development sinc that time. Probably the City should have taken most of the acres and left the plant and the other facilities around it the County. The claim of the Gas Co. at the time was that t wanted to remain in the County so that they could spread the high assessed valuation to the benefit of all of their custo This might have been good reasoning except for the fact that Oceanside fully intended to take them anyway and the spreadi of their assessed valuation over the County really would not meant much to the individual home owner. Being a property owner on the upper lagoon at the time, f took part in the incorporation proceedings. In fact, I took leading part, for the Board of Supervisors at the boundary h ing for incorporation, were about to turn it down for lack o sufficient area, so I agreed to add 300 acres to the City an we then and there, re-drew the map. The Board, having no fu reason to object; the City of Carlabad was born. This act o my part placed me high on the list of "bad guys'' in the comp black book. When the dredging of the Carlsbad Lagoon was nearing comp a movement was started to form a harbor district and to open lagoon to the ocean as a small-craft harbor of refuge. Stat1 officials came to view the project and Carlsbad's lagoon was entire south coast from Balboa to San Diego. Following this the Carlsbad City Council prevailed upon t Board of Supervisors to have an engineering and feasibility for the proposed harbor and after some debate and delay, a w known harbor engineer, R. L. Patterson, was hired to do the This was a very complete and convincing report but the Gas C fought it every step of the way. They constructed the rock jetties on the outside of the bridge and placed log booms ac> both the entrance and the railroad bridgeopening. Their excl was that they would be liable for damages if anyone were hur while using this channel by boat. Nothing was said about thl necessity of public liability insurance which they must carr. Their real reason was to prevent public a'quisition by usage. clared the finest and best location for such a harbor along The Patterson Report was very complete and envisioned an outstanding development which included jetties at the entran V rn .Y .. -3- Jetties .....$ 5, 302,000. Berthing facilities ...$ 1,915,500. New Railroad Bridge .... $420,000. Flood Control .... $162,000. Land aquisition .... $1,846,000. Total estimated cost..$11,28C Not content with log booms blocking the passage of small Shore facillties,,,,l,421,400, Recreational, bbbb$212,OoO, the Gas Company advanced the claim that they owned the navig waters they had created by dredging. Under Federal law, as I understand it, anyone creating na gable water, whether in rivers or harbors, that water and land thereunder, becomes the property of theTedera1 governn and under their jurisdiction. To avoid this jurisdiction an take-over, the Qas Copany lawyers concocted the legal fictic that because the lagoon was part of a Spanish Land Grant(The Hedionda)that the title to such land descended from the King Spain and therefore the water belonged to them. (Typically, forgot the Indians) They ianored the fact that unlike a Ian title passed on freely from seller'to buyer, that Mexico toc the land from Spain by war; that the United States took it f Mexico by the same means and Governor Pi0 Pic0 gave it away without asking permission from the government of Fexico, bef the United States could take over. And while it is true tha called Spanish LandGrant titles, never-the- less, it woula 5 that the Gas Company would have to show that both Mexico, SF and California' had laws granting to private citizens exclusi property rights to a11 such naviqable waters as they may hac created by dredging. Since mechanical dredging was unknown that day, it is very unlikely that such laws were in existar None-the-less, the Gas Company has maintained this fiction 2 has backed it up by demanding a dollar per year to lease the water to the City of Carlsbad. To show how far-fetched their claim really is, consider 1 fact that the title to this water must change 7 times with z change of tide. First it belongs to the City as lit passes I the bridge, then to the Gas Company, then the Rai/lroad, Ga: State of California, and finally the Gas Company ,and allof other land owners over whds property the water encroaches. ( touching thought in this connection: Think of the millions ( dollars in fees the title companies have lost and the fun ir doing a71 that paper work) It is beyond comprehension why the State and Federal govt ments have allowed this legal fiction to stand in the way 0' Carlsbad's harbor development and it should be the duty of I City Council to take this matter up with these upper levels government. The Gas Company has been aware of the weakness their position from the beginning and have "soft-Dedd1ed"th claim. Instead, they have often taken the public stance th( they would love to cooperate with any harbor development,- provided, thatthey approve the engineering and that it wou cost them little or nothing. Much more could be written of the two efforts(e1ections I the United States did finally recognize the validity of the 4lP w . ("' * *' *L .' . -4- to form a harbor district) and how they failed. How we went Sacramento to plead with our local representatives and how t smiling Gas Company officials laughed at our puny efforts. The log booms are still in place and the City still pays dollar a year for ocean water ...... maintaining the fiction. But Carlsbad is a much bigger city now and much better able cope with the political power of the Gas Company. 1 i I Li 2j 4 5 Is 3~ 7 PLANNING COMMISSION RESOLUTION NO. 711 A RESOLUTION OF THE CARLSBAD PLANNING COMMISSIOf4 RECOMMENDING TO THE CITY COUNCIL THE GRANTING OF A PREANNEXATION CHANGE OF ZONE FROM R-A, R-3, AND M ZONES TO P-U (PUBLIC UTILITY) ZONE AND THE ADOPTION OF REQUIRED SPECIFIC PLAN ON APPROXIMATELY 680 ACRES OF LAND EAST OF THE PACIFIC OCEAN AND SOUTH OF THE NORTH SHORE OF AGUA HEDIONDA LAGOON. It 17 I 18 in the City of Carlsbad, County of San Diego, State of California; also being Parcel 6, Page 07, Book 206; Parcels 24, 25, 26 and 27, Page 01, Book 210; 19 2o 21 Parcel 21, Page 21, Book 211, and Parcel 14, Page 01, Book 212 of the Assessor Map of San Diego County i 1 I WHEREAS, at said public hearing, upon hearing and consid I' 1 I 1 I i 2 the City of Carlsbad that it does hereby recommend to the Cit 5 3iICouncil adoption of an amendment to Ordinance 9060 changing t 41zone from R-A, R-3 and M to P-U (Public Utility) on said pro! AND BE IT FURTHER RESOLVED that the Planning Commission c 1 l3 '4 E 16 17 1 within the conditions specifiedtherein and following. '3. Details concerning the leasing of park lands shall be agreed upon between San Diego Gas & Electric Company and 1 the city within one year after the City has approved fina rezoning. I '4 All buildings shall be subject to architectural review as I 1 prescribed in Ordinance No. 9268 prior to issuance of a I - building permit to assure a maximum amount of design com- 1 * ., I *I i 5' the.City of Carlsbad Fire Department to assure: a. Necessary fire protection requirements. 6 I b. Suitable access roads for fire fighting purposes. 3.2 I of Planning. j AND FINALLY RESOLVED that a copy of this Resolution shall 16 l7 18 l9 1 11971, by the following vote, to ,wit: I AYES: Commissioners Forman, Hermsen, Jose, Palmateer, Del i Chairman Little PASSED, APPROVED AND ADOPTED at a regular meeting of the /Carlsbad City Planning Commission held on the 22nd day of Jun I 29 30 I 32 i -3- I A LUA Ro 4GLJ ,‘/L”/kA fq/ cpL6 32-1 7.-O V&\’ a- xfid bieyo 6 p/oa / I , - - --_ ~ ~- - -._- - -7 -- ~ .- I . r -/ 1 i x) 4 A I * * a '. <sa x MEMORA NDUM/REPORT June 10, 19 TO: Planning Commission FROM: City Manager SUBJECT: STAFF REPORT re application for change of . to P-U (Public Utility) and adoption of a specific plan limiting land uses; to be cod sidered by the planning commission June 22 APPLICANT: San Diego Gas and Electric Company ............................................................ REPORT SUBMITTED BY: City Manager, Fire, Building, Engineer and Planning Departments - ............................................................ Section I - Technical Report The applicant desires to reclassify approximately 680 acres M (Manufacturing), Z-A' (Residential - Agricultural), and R-3 (Residential Multiple) Boned properties to P-U (Public Utili The public utility zone requires the submittal of a specific plan (Exhibit A) for consideration as part of the reclassifi public hearing. The specific plan submitted by the applicant indicates futur plan expansion, expansion of the existing electric switching station, plus the installation of new oil storage tanks and gas turbine facilities. Also shown on the specific plan are public beach areas both along the ocean and Aqua Hedionda Lagoon plus the setting aside of inner and upper lagoons as acquatic recreation areas and the general location of a futu municipal park of yet to be determined site. An area betwee Interstate-5, the A.T. & S. F. Railroad and being south of fuel tanks now being constructed is designated for a little league or all purpose play field. Section 11 - Recommendation. The staff recommends that discussed application be approved the following reasons but subject to all conditions which ma stipulated in the Public Utility Zone Ordinance No. 9268 or follows: Section 111 - Reasons. 1. The public utility zone will eliminate uncontrolled indu trial zones which exist. 2. The public utility zone will be directly applicable to - Gas & Elect e Company, Change of : Staff Rep0 Page Two - San Diego a. * * June 10, 1971 implementing the general plan. 3. The proposed reclassification provides the City with sufficient controls to prevent possible public nuissance and to enhance neighborhood quality. Section IV - Conditions. 1. That the granting of requested zoning shall be subject tc the remainder of the San Diego Gas and Electric Property (portion Lot "F") being annexed to the City of Carlsbad. 2. All developments within the public utility zone shall be within the conditions specified therein and following. 3. Details concerning the leasing of park lands shall be agreed upon between San Diego Gas & Electric Company and the City within one year after the City has approved fina rezoning. 4. All buildings shall be subject to architectural review as prescribed in Ordinance No. 9268 prior to issuance of a building permit to assure a maximum amount of design com- patability with the neighborhood and existing fasilities. 5. The heights of future power generating buildings and tran mission line tower structures shall be of heights and of configuration similar to existing facilities. All storag building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. tanks shall be screened from view. No other Structure or 6. All fuel storage tanks shall be recessed and used €or tho oils which, upon being consumed, shall not have a sulphur content exceeding .SO percent; being that percentage commonly associated with the term "low sulphur fuel oil .I' 7. Landscape and irrigation plans prepared by a registered landscape architect shall be submitted in conformance wit, Ordinance No. 9268 for the screening of existinq facilitil Plans shall be submitted within two years and must providl a schedule for installation. 8. That the proposed site for a future power generating faci on the East side of Interstate 5 shall be planned so as t compatible with the present facility. The facilities sha and shall be environmentally compatible with the City of Carlsbad. meet the requirements of the State and Federal regulation - June 10, 15, ., * *,& . Page Three L 9. All signs shall be in conformance with City ordinances w. 90 days. 10. Exterior lighting shall be oriented so that adjacent pro, shall be screened from glare or a direct light source. 21. Prior to any construction, detailed plans shall be submi to the City of Carlsbad Fire Department to assure: a. Necessary fire protection requirements. b. Suitable access roads for fire fighting purposes. C. Necessary yard mains and fire hydrants. d. Other fire protection devices or appliances deemed nt 12. That the applicant dedicate right-of-way for that portio] the width of Cannon Road (102' R/W) which falls within tl applicant's property east of I-5. The alignment shall bc subject to the approval of the City Engineer and Directoi of Planning. 13, Other street improvements as may be required and a POI~CS installation shall be determined for City Council approva / 4 OfGV CitJ Manager JBA :sl 0- e* Suggested conditions for Cannon Road and Carlsbad Boulevard Zone Change. A, Carlsbad Boulevard 1, Construct street improvements including curb, gutter, sidewalks, street lights and up to 20 feet of paving along each side where SDG&E property has frontage, excepting public beaches and property dedicated for public parks. Construction may be deferred until mutually agreeable to the City and the Company ex- cept that the safety of the driving and walking public will be considered. The improvements may be financed by assessment district. B. Cannon Road 1, Construct full street improvements for 1/2 street from Carlsbad Boulevard to a point approximately 600 feet easterly of 1-5 along frontage owned by SDG&E, timing to be subject to approval of City, but in any event not before development of property adjoining the south side of Cannon Road or the in- stitution of an assessment district, 2, Dedicate full right of way (102 feet) for that portion of Cannon Road easterly of; 1-5 which falls within SDG&E property. , i 3. Construction of improvements easterly of '3-1' may be deferred until property easterly of 1-5 is- k/ developed. Agreement on grade development and spreading of con- struction cost shall be mutually agreeable to the City and the Company. The City policy for improvemeni of such streets shall be considered. C. Access roads shall be subject to City approval. HTC : CC . ---- -. ADOPTIOS OF A SFECIF Submitted to ths C~F-S~Z: ~~~~i;;~.*~<-'~~u:i> I.V L~YLILL~~ -'.Z t 0 + 1. C-c"Z.>lcte Parts A,3YrC,3 ant! E. 2, F'ilizg fee $'lG0..03 21:s $5.09 ?or each 3, btake check ?;.a~~bl~ t~ City of CzrlsLsd. P 1 a r,ni TI? Coz-~. i s s i z 2 zZditicr,al lo? CT 23rezl. Eat2 Recei-\-zZ Date of E?zrj.ns 4. T~farxt~tlon to be tJ~pe p.-zit+x. pm,,'i: > _____--__---------------- --'?- sme of j~p1.i~~~: SAY DIE0 GAS fi ELECTRIC COiP1;Ny Applicant's X?i.X?g A2r~ss ~ocction of %~?f-~ty by Stzeet - _II I- bL IY L XXL I x Fa ZLAT IO x Telephone 232-4252 .. F. 0. Box 1831, San Diego, California 92112 4600 Carisbad Boulevard .- Carlsbad, California - -- LZGAy& DESCRI3TIOX CF PROPZ2'TY p,wT 8 ---I--------------I attach -to this zp2licakion cz13 cc2,y of 2 coxr?letn legal 2escri2tion of prop2zty for v;hFch a ch?-:.r?se of zone and adoption of a specific plan is -- PART C------------------------------- 2EQCZ:Slj-I c Zharige of zc;.,e zram M a0 R-A to PU Zone . .. ---_. - vAF,T D---------------------------------~ -3 LL-? 20 sttach to t5is aaaticzticn- COPIES of a ;as Fre?zrz< jy s. rec;icter-.: irnensions zy:Z SsariEG cf ezch line of the 9rc~~r-y for'~zhick 2 recizss and a specific clan is requested; names artd w'idths sf bordering strests; and width of alleys and/or easements. rngj-neer, ?-.rc;lj.fect cr licenszc', land sur~;ey';r :.;?LC:? skc7:s t;?e p:;;r.z-t 5s~: -. - >-?;L~c-;?:T I s qr?LT=\.::-:.7 'ART 2-----------------------~- L--.^L-LAL.^ (Attaci' ss~zrctz shsek if area for stzt~z%gk Fs RCt sufficien in the cc~-~cnity 50:- c3r3 of the ty~es of 2cl;es zsynitksi byd- ttie ne +. Does ~113~1~ - .. RZPZSSIZ-./ .. recuirs ti?e zrcposnz ch~zc;e? Is tf?.ere z real : repzst&tkz> mn 5e acc~.~,..L~~~~- ---.r:TL3J 13 * kFL? ~p~~ alrec2y z~psc! for s?:, IS t5e pr~aerty in~rs1-~-e.2 in t>?-? zr02aszZ reclzss~rlcation . *. . . SEE ATT'ACrn >- ~c)rs su~tz ., the ?S~~QSSS ?zr~ij.tkc< in t!:~ pro:~sez zsfie tf;ar. fer *t52 ?l;i.r?oses 2~ ir. tile grcsc:;t el?-ssific?.t-cX? SEE ATTACHED .. ! I I- I )I --I--! 1 ! 1- I I .- --.. ----.--A I I I---- - -- I_- --- --- _-_- ----- -- -- pp ~ ~_~_. I e ATTACREZT I) P 4 PUT E. 1. Public necessity requires the expansion, from time to time, of the Eficina Power Plant facility as well as the connected facilities, including the Operating Center and tank storage area. In connection with this necessit is the need to begin immediately to constrtrct Unit No. 4. There are EO other areas in Carlsbad already zoned for the uses shown on this Specific Plan. The property for which this particdar zone is requested was purchased by the applicant in 1953 for the purpose of expanding a rjower plant and othe utility oriented uses. The applicant has, on mny occasions, placed a us map on file with the City of Caylsbad showing this type of use. Such a F appears in the General Plan of Carlsbad which was adopted Kay 17, 1966. The plan also appears io the Earbor Plan prepred by Daniel, gam, Johllsc and Mendenhall. The General Plan recommends that a hblic Utility Zone k established for the property of the applicant. The property is suited for the zone. 2. The particular requirezents of the use to which applicant has i~ the past used the property and plans to continue with, together with the work alre done by ap?licant, i.e., intake water channels, lagoon developinent, tank construction, water discharge faeilities, and pawer plant facilities make especially suited for the continued use thereof and for certain expanded facilities as shown on the Specific Plan. In addition, large areas of the property are used for Aquatic Recreation (Beaches and Lagoons), Farming (area under power lines), Park and fishing facilities. These recreational uses will obviously remain and be a part of the total Carlsbad recreational-open sFce complex. Also, it is our intention to work with the City in providing a new area for park prFoseE on the easterly portion of ow property, in conjunction with the City's Master Plan for parks. The approximate bow-dary is shown on the Specific Plan, The final location of the park boundary my be adjusted prior to a lease being issued to the City. 3. The uses planned for the property are inno way detrioental to the surrot ing property. The .past and future planning of the land use hss been doc< with this in mind, The present and futvcre plat site is buffered by natt boundaries, water axd land ownerships of the appllcaqt. A number of the adjoixing lamiowners have signed the applicar&t's request zone change. 4. The use of the property will not chaqge under the new zone zs the new ZOI was established for this Frticular use. Flease refer to the adopted General Plan for further infomation on this zone am3 property. There were no deed restrictioss at the time the property was purchased b3 applicant. The only restrictions that exist are zoning restrlctions. '2 were established at the tine of incorpratfon by Carlsbad and subsequent annexation of the applicant's property. '1 - '. z 2 3 4 5 6 71 81 I ORDINANCE NO, 9279 AN ORDINANCE OF THE CITY OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON APPROXIMATELY 680 ACRES OF SOUTH OF THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, SUBJECT TO A PORTION OF SAID PROPERTY BEING ANNEXED TO THE CITY OF CARLSBAD. .LAND LOCATED EAST OF THE PACIFIC OCEAN AND The City Council of the City of Carlsbad, California, I ORDAIN that a Specific Plan for the hereinafter described 1 12 13 a Portion of Block "W" of-Palisades No. 2, Map 1803 in the Carlsbad, County of San Diego, State of California; also bt 16 Book 210; Parcel 21, Page 21, Book -217, and Parcel 14, Pa! l7 l8 19 1 Book 212, 0.F the Assessor's Map of San Diego' County, and mc l particularly described in application on file in the Offict 1 City Planner. j SECTION 2. GENERAL CONDITIONS. The Specific Plan, a- zo hereto, is subject to the following conditi0n.s and restric. 21 22 1. That the granting of the requested zoning shall bc ! ject to the remainder of the San Diego Gas and Electric prc 1 1 I 28 29 1 I be within the conditions specified therein and following. I I 30 31 32 1 3. Details concerning the leasing of park lands shal agreed upon between San Diego Gas and Electric Company and City within one year after the City has approved final rez Location of baseball little league park and ather athletic 1 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 . facilities shall be subject to specific plan approval at tl earlihst practicable date, it being understood that the prt proposed location thereof is disapproved. 4. All buildings shall be subject to architectural rc as prescribed in Ordinance No. 9268 prior to issuance of a permit to assure a maximum amount of design compatibility k neighborhood and existing facilities. 5. The heights of future power generating buildings i i I transmission 'line tower structures shall be of heights and ( t 1 configuration similar to existing facilities. All storage i / shall be screened from view. No other structure or buildir 1 exceed thirty five (35') - feet in height unless a specific F 1 is approved at a public hearing. 1 1 6. All fuel storage tanks shall be recessed and used those oils which, upon being consumed, shall not have a sul I content exceeding .50 percent; being that percentage commor, I I associated dith the term "low sulphur fuel oil." I 1 7. Landscape and irrigation plans prepared by a regis landscape architect shall be submitted in conformance with I 1 I inance No. 9268 for the screening of existing facilities. 1 shall be submitted within two years and must provide a schc I for installation. ! j/ ! 8. That the proposed site for a future power generati 30 10. Exterior lighting shall be oriented so that adjace 32 -. 1 -2- I 1 .I 3. 2 3 4 5 6/ 8, 7 9" e 11. Prior to any construction, detailed plans shall I mitted to the City of Carlsbad Fire Department to assure: a) Necessary fire protection requirements. b) Suitable access roads for fire fighting pul c) Necessary yard mains and fire hydrants. d) Other fire protection devices or appliance: deemed necessary. 12. That the applicant dedicate right-of-way for thal of the width of Cannon Road (102' R/W) which falls within 1 .I applicant's property East of 1-5. The alignment shall be 2 ! to the approval of the City Engineer and Planning Director 12 l3 14 15 16 17 18 19 20 21 A. Carlsbad Boulevard. I 1) Construct street improvements including CL sidewalks, street lights and up to 20 feet of along each side where SDG&E property has fror excepting public beaches and property dedicat public parks. Construction may be deferred L mutually agreeable to the City and the Compar except that the safety of the driving and wal I ' - public will be considered. The improvements i financed by assessment district. i B.- Cannon Road. i I 1) Construct full street improvements for l/ from Carlsbad Boulevard to a point approximal SDG&E, timing to be subject to approval of Ci but in any event not before development of pr adjoining the south side of Cannon Road or tt- 600 feet easterly of 1-5 along frontage owned 1 31 32 I I Department shall not approve any structure until such time I [ Planning Director has certified that all conditions of thi: i Ordinance have been satisfied. -3- 'i '- 1 2 3 4 5 6 7'l 81 9 4 The Planning'Director of the City of Carlsbad is desi! as the enforcing officer of this Specific Plan. His decis. be final as to whether the subject property has been propei developed and improved. However, the owners of the subjec property may appeal to the City Council any decision of thc Planning Director relative to this Specific Plan. Such ap shall be in writing and filed with the City Clerk within 71 following the receipt of the decision of the Planning Dire1 The Council's decision shall be final. I i I 11! 12 I. Council of the City of Carlsbad, California, held on the 2( I /. of July, 1971, and thereafter PASSED AND ADOPTED at a regi 131 meeting of said City Council on the 3rd day of August, 197' 16 I-5 l7 18 39 20 21 AYES: Cmn. Dunne, McComas, Jardine, Castro and Lew I 1 NOES: . None. I I ABSENT: None. 1 I %/&& DAVID M. DUNNE, May% 30 31 32 I I I -4- I 4- -' I 1 1; \ e/ ORDINANCE NO. 9280 3: 4' i 51 I I I I I 61 70 ORDINANCE NO. 9060, RECLASSIFYING CERTAIN CITY PROPERTY FRON ZONE R-A, R-3 and "M", TO P-U PROPERTY BEING LOCATED ON APPROXIMATELY 680 ACRE? OF LAND EAST OF THE PACIFIC OCEAN AND SOUTH OF THE NORTH SHORE OF AGUA HEDIONDA LAGOON. (PUBLIC UTILITY) AND A PREANNEXATION ZONING FROM COUNTY ZONING TO P-U(PUBL1C UTILITY), SAID The City Council of the City of Carlsbad, California, 16 i 17 1 accordingly: Property description 27 28 'least once in the Carlsbad Journal 15 days after its adoptio XX 30 ' xx I I I I I 8 i ** I i ! ! i I I I 1: I 2: 3; I i I P, c INTRODUCED AND FIRST READ at a regular meeting of the Council of the City of Carlsbad, California, held the 20th d of July, 1971, and thereafter PASSED AND ADOPTED at a regula 9; i 10 j 18 j 1 19 j I, MARGARET E. ADAMS, City Clerk of the City of Carl'st I 31 j 32 1 i i 1 ! I 1 ., -2- ..