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HomeMy WebLinkAbout1976-10-05; City Council; 3779; Amendment to P-M zoneAGENDA BILL NO. CITY OF CARLSBAD Initial: October 5 9DATE:__ DEPARTMENT: __ - • ' • City Mgr. SUBJECT: AMENDMENT TO THE P-M ZONE (PLANNED INDUSTRIAL) REF. AB 3496-ZC-168 Statement of the Matter On October 21, 1975 the City Council heard a zone change (ZC-168) to rezone various properties for General Plan consistency. There were 29 separate parcels to be re- zoned to various consistent zones of either 0-S, P-U, RD-M and P-M. There did not appear to be any problems or opposition to any of the rezonings except to the P-M zone. At the meeting, various property owners and concerned citizens spoke in opposition to the P-M and P-U zones being placed on properties presently zoned in. Generally, they felt that the development standards of the P-M and P-U zones are too restrictive for proper utilization of their relatively small and isolated properties. The City Council approved the noncontriversial properties, but requested the Planning Commission to review the apparent problems with rezsning to P-M and P-U. The Planning Commission has made this review and submit the following recommendations: 1. The properties listed in ZC-168.not yet rezoned pending further review not be considered for rezoning at this time. 2. The P-M zone be revised to provide a more specific description of permitted' uses. 3. The M zone be revised to reflect the goals of the General Plan and latest thinking in general industrial zoning. Exhibit Report to Planning Commission from Planning Department, September 8, 1976. Recommendation It is recommended that the City Council initiate a zone code amendment to amend the P-M zone to provide for a more specific listing of use permitted and to amend the M Zone to better reflect the goals of the General Plan. Council action '10-5-76 The Council accepted the staff recommendation. FORM PLANNING 73 MEMORANDUM SEPTEMBER 8, 1976 TO: PLANNING COMMISSION . FROM: ASSISTANT PLANNING DIRECTOR SUBJECT: REVIEW OF THE P-M (PLANNED INDUSTRIAL) ZONE I. INTRODUCTION As a part of the City's General Plan/Zoning Ordinance consistency •program, the Planning Department began processing a change of zone (ZC-168) on 18 parcels from M to P-M. These rezoning cases con- formed with- the City Council's policy of reducing reliance on the "M" manufacturing zone and utilizing the P-M Zone in its place. This policy was incorporated in the Land Use Element of the General Plan. During hearings on the proposed rezdnings, the Council referred ZC-168 back to the Planning Commission for its review and report. The Commission review was to include a re-evaluation of the P-M zone and the specific comments and objections made by the public during the City Council hearings. II. OBJECTIONS TO THE P-M ZONE During the public hearings on the P-M rezonings, some citizens claimed that the high development standards of the P-M zone would unduly restrict development of certain properties. Citizen comments basically involved seven issues. Staff review of these issues has been organized below according to the following format: - A description of the issue; - The Industrial Guidelines of the Land Use Element related to that issue; - The portions of the P-M zone related to that issue; - A discussion of how the issue, guidelines and zone relate to each other. 1. Permitted Uses , '••_ Objection; This issue was not specifically addressed by public comment. Staff, however, feels that the description of permitted uses is too general to be easily administered. Related Land Use Element Guidelines: "3. Pfiov4.de. t&nd bofl i-ndu& tfitaJi de.ve.iopme.nt c.omme.nAutiate. vjjitn growth nate.& and de.&£fLab£e, e.nv<iionme.ntat quat<ity Atanda/Ld& 5. P/iote.c.t atie.a.& de.A<iQnate.d £0*1 i-ndubttii-at u&e. fatiom encioo.c/i- me.nt by Jinc.on\pa.tJ,bJLt non-tndu&tfita.L u&e.&, 7. Re.Quta.te, i.ndut> tn*,a.Ji land iue-6 on the. faaA-cA o& tnc.Jtu.di.nQ ncj,&e.t e.m<i&&4,on& , iAa^/cc., e.tc.. ..) 9. The. phy&4,c.at dtve.topme.nt o£ JLnda&titat oAea.6 &hoatd ^.ecog- n/cze the. need ^on. c.ompatj.bj.t<ity among the. i.ndu.&tsitat e.&tabt<i&h- meni^ j,nvotve.d and tncompttbte. u^e^ &hou.td not be. pe.x.m<itte.d. 11. The. /tndu-6tfi-Lat ac.ti.V'it'Le.A and ^ie.ta.te.d •ieiu-tce-d pfto\j^ide.d an 4.ndu.6tii.al. an.e.a Ahoutd eotm ^u.nc.ttoni> ne.c.e.t>&any and.... .. de.&tiabte. <in the. ove.ft.ati ope.iati.on o the. tndu.&tH.<iat d-tea. 13. Nu-cAance fiactotiA (no<i£-e., &moke.,- -., ., du&t, odon and . be. c.ont*iotLe.d and not p e.h.mi.tte.d to exceed the. State, and fe.de.fiat &tandand&." Zone Content: "21.34.010 Permitted uses. The fallowing uses are permitted in the P-M zone without the granting of a conditional use per- mit therefor: Manufacturing, processing , storage , wholesale, distribution, office, laboratory, professional, research, electrical substation, gas regulator station, and related external economies which do not produce any of the following: (1) Noise beyond the boundaries of the site of a sound level in excess of forty-five decibels, measured by an instrument conforming to the American Standard for Sound Level Meters, Z 24.3, and response curve "A"; (2) Vibration, heat, glare, or electrical disturbance beyond the boundaries of the site; (3) Air pollution detectable by the human senses without the aid of instruments, beyond the boundaries of the site; . (4) Emissions which endanger human health, can cause damage to animals, vegetation or property, or which can cause soiling at any point beyond the boundaries of the site; (5) Odor detectable by the human senses without the aid of instruments beyond the boundary of the site." "21.34.020 Conditional uses. The following uses are per- mitted in the P-M zone upon the granting of a conditional use permit therefor: Restaurants, automobile service stations, heliports, helistops and other retail uses limited to sales of goods and services required for the convenience of occu- pants of the P-M zone." DISCUSSION; The P-M zone generally does not include a lis- ting of uses as contained in other zones; instead it contains a list of what can be called activities such as "manufacturing" "and "processing" which are both easily consistent in an indus- trial zone. However, "office" and "professional" do not fit the same activity idea or are altogether consistent with an industrial zone. It should go without listing that an indus- trial complex may have administrative offices and have pro- fessionals (engineers, accountants, etc.) on their staff. The problem is, does "office" and "profepsional" mean separate buildings or enterprises solely for the use of such offices and professionals as doctors, attorneys, accountants, realtors, photographers, etc. -2- Furthermore, additional commercial uses can be accomodated by CUP in the P-M zone under "other retail uses limited to sale of goods and services required for the convenience of occupants^ of the P-M zone." The result is that the P-M zone is not a true industrial zone. It is more similar to the C-M zone in providing a mix of industrial and commercial uses. This can lead to incompatible land use and a dispersion of commercial and professional uses over more of the City and away from esta- blished commercial centers like downtown. If the Commission feels that a more specific description of permitted uses would be desirable, it should recommend to City Council that the zone be so amended. 2. Minimum Lot Size Objection: Members of the public felt that many 'clean1 industries do not require 1-acre sites. Related Land Use Element Guidelines: "2. Concentrate. *.nduAtr<iat uAe& Jin tko&e area* teatt detxitiabte fior re^tdenttat de.ve.topme.nt -- Jin the. ge.ne.iat. area o& the. fittght path corridor o^ Patomar Atrport. 4. Provide £01 tndu^t-irat AtteA that are targe enough and tevet enough to permtt -ampte Apace, ion. on-A<ite parking, appropriate tandt> cap-ing , and toad-ing ^ac-it-itte& a& wett a& 6. Encourage, new tnduttrtat de.ve.topme.nt to be. tocate.d -in mode.sin, attractive., we.tt-de.&<igne.d and tand*cape.d -indu^trtat park* . 12. The. de.ve.topme.nt ofi an £nduAtti<iat afie.a Ahoutd ade.quate.ty provide, faon. tnte.rnat tra^tc, ut<it<it-ie.A , and othe.r ope.rat<ionat ne.e.d& , and each <indu& ttitat e.Atabt<iAhme.nt uotthtn the area Ahoutd 6uttyprovJ.de ^or tt& tndtvtduat needi> (emptoyee parking, toad- ' storage] ." Zone Content: "21.34.070 Minimum lot area. Every lot in the P-M zone shall have a minimum lot area of one acre unless a specific plan pro viding a smaller lot size has been adopted." Discussion; The Land Use Element Guidelines indicate the City ' s intent to channel industrial development into indus- trial parks in the airport area. The assumption behind the industrial park concept is that most modern manufacturing operations require at least one acre for the plant, parking, landscaping, loading and room for expansion. If the Commis- sion feels that there is a need for a smaller lot size, it should recommend to City Council an investigation of ways to provide for smaller lots while retaining on-site amenities. -3- Of the 18 parcels to be rezoned, only one parcel is less than one acre. That parcel would be legally non-conforming if rezoned to P-M. 3. Land and Coverage Requirements: Objection: Members of the public felt that these requirements exceed what is necessary for aesthetic/safety- purposes, and result in large areas of land in unproductive use., Related Land Use Element Guidelines: ^"6. Enc.ouft.age. ne.ui i.ndiLt> tn<iat de.ve.lopme.nt to be. toc.ate.d Jin mode.nn, atttiazttve., we.tt-de.Ai.gne.d and tandAc.ape.d 12. Tke. de.ve.topme.nt o£ an i.ndu.6 tn-iat afie.a Anoutd dde.qaa.te.ty ptiovi.de. ^on. tntztnal tha^^c., uti.ti.ti.e.A , and othe.fi ope.fLati.onat ne.e.dt> , and each <Lndu.Ati4.at e.6tabtJ.Ahme.nt u)j.thi.n the. ane,a Ahoutd •fiutly pstovtde. faon. i,tt> i.ndi.v-i.daat ne.e.d& (e.mptoye.e. pasik<ing , toad- <ing , &tofiaae.} . " Zone Content; "21.34.040 Front yard. Every lot in the P-M zone shall have, a front yard not less than fifty feet in depth." "21.34.050 Side yards. Every lot in the P-M zone shall have side yards of not less than twenty feet in depth, except in the case of side yards adjoining streets which shall be not less than thirty feet in depth." "21.34.060 Rear Yard. Every lot in the P-M zone shall have a rear yard of not less than twenty- five feet in depth." "21.34.080 Lot coverage. In the P-M zone all buildings, including accessory building structures, shall cover not more -than fifty .percent of the area of the lot." Discussion: This objection also relates to the Land Use Element's intent of channeling industrial uses into industrial parks. Staff believes that the zone's standards are reasonable when viewed in terms of a one 'acre minimum lot size. If the Commission wishes to recommend a smaller minimum lot size to the Council, it may also wish to recommend corresponding re- ductions in lot development standards. If the Commission feels that less restrictive setback and coverage requirements are desirable for all lots, it should recommend an investigation of whether less restrictive re- quirements would fulfill the General Plan Guidelines. Landscaping Requirements; Objection.: Members of the public felt that the requirements of the P-M zone exceed what should be expected of industrial uses. Related Land Use Element Guidelines: "4. ?Jiov£de. &OSL i.ndvi&ti.fiat &<ite.A that atie. JLatiae. enough and te.ve.1. enougn to p^^im-it ampte. Apace. ^on. on-A<ite. pa^ktng , apptioptiJiate. Landt>c.ap4.na, and toadying ^ac.'iti.tte.A a& we.tt a& aAecu ^oh. e.xpan&JLon. 6. Enc-ousiage. new tnduA th-iat de.ve.topme.nt to be. Jtoc.ate.d -in attx.ac.t4.ve., we.t£-de.AJ,Qne.d and JLandi>c.ape.d Zone Content; "21.34.090 Parking and loading. Al required yard areas in the P-M zone, except for approved ways of ingress and egress, parking and loading, shall: . . (1) Be permanently landscaped with a combination of lawn, shrubs, trees and flowers according to a plan approved by the city plajiner; (2) Be served by a water irrigation system and be supplied with bubblers and sprinklers; (3) Contain no walls or fences over four feet in height." Discussion: The above guidelines' clear intent is to encourage attractive, well-landscaped industrial parks. The landscaping require- ment of the P-M zone is greater than other zones, .(3% of the paved area) . If the Commission feels that the zone requirement exceeds the intent of the guidelines, it should recommend to Council an investigation of what lower standards will meet the guidelines. 5. Screening Requirement of Outdoor Storage Areas * Objection; Members of the public felt that the cost of meeting this requirement exceeds the public benefit from abating the visual nuisance. -5- Related Land Use Element Guidelines; "4. Psiovi.de. faoti i.nduii>tfL4,at 6<ite.& that ane, lafige. e.nough and le.ve.1* e.noagh to pe,imi.t- ample, -ipace ^oh. on~&tte. paik <iviQ , appioptLsiate. landscaping, and loading faac.j,l<iti.e.& a& we.ll a& an.e.a& faoti expacuxlon. 6. Encourage. new 4.ndu.Ati4.al dzve.JH.opme.nt to be located attsiact-ive., u)e.ll-de,A<igne.d and land&cape.d Jin- 12. The de.ve.lopme.nt oft an i.ndu.A tfi-iat aJte.a &kou.td ade.- qaate.lt/ psiovtde. £01 4.nte.final tn.a^^c., attl^itte.^ , and othe.fi ope-iattonal need^, and tach tndu.& ti^al me.nt wtthtn the. aste.a should &ully ptiov-ide. ^of dtv-Ldaal nte.d& (e.mploye.e. paA.ki.ng, loading, Atoiage.} ." Zone Content: "21.34.100 Manufacturing operations. In the P-M zone, all manufacturing, assembling, compounding, fabrication, packaging, processing, and treating operations shall be conducted entirely within an enclosed building." "21.34.110 Outdoor storage. In the P-M zone, all outdoor storage, including equipment, shall be completely enclosed by a solid concrete or masonry wall not less than six feet in height, which said wall shall screen the stored materials from the view of the adjoin- ing properties or streets, if possible considering site conditions, and if due to site conditions complete visual screening of stored materials is not possible, trees and other plant materials shall be used, upon approval of the city planner, in addition, to the wall to obtain maximum' visual screening." Discussion: Once again, the intent of the guidelines is to encourage attractive industrial settings. The zone's provisions,- for screening meet this intent. However, if the Commission feels that less screening would be appropriate, it should recommend to Council that an investigation be made of screening methods which fit the industrial guidelines. 6. Parking Requirements Objection; Members of the -public felt that some uses permitted in the P-M zone may not need the parking area required of all uses in the P-M zone. -6- Related Land Use Element Guidelines; "4. PtLOv-ide. &OJL J.ndu.Atsi<iat &i.tzt> that ate. £aft.ge. enough and £e.ve.£ enougn to pe^m-t-C amp£e .4po.ce fa0*1 on-bttz. pafik <ina, 'apptioptitatd £andt>c.ap<LnQ , and loading iJ a cxX6t-t e.6 a& wvJLL at, an.ii.ai> ^on. expan-6-con. 12. The. development ofa an -inrfiu ttiHat ax.e.a &hou£d ade.- quate.£tf pfiovi-de. &OH sintztinat tfia^tc., ut<iJtL<lt<ie.& , and othe.fi opz-tiat-ionat need.6, and eacn <indu.& ttiLat ££tabJtt&h- mznt wj-thsin the, afie.a bhomtd fauLLy ptiov<id& faon Ltt> Jin- need-6 (emp£ot/ee pafikJinQ , LoadJinQ, Ato/iage.} ." Zone Content ; "21.44.120 Parking spaces required--P-M zone. Notwith- • standing the provisions of Section 21.44.130, the number of parking spaces required for all uses within the P-M zone shall be as follows: (1) Off-street parking shall be provided at the ratio of one space for each four hundred square feet of building area. None of the spaces shall be located in a front, side or rear yard adjoining a. street, or with- in ten feet of an interior side or rear property line. . . (2) The planning commission may, by resolution, allow up to twenty-five percent of the total required parking spaces to be reduced in size to accommodate compact cars provided that: (A) Compact car spaces are located in separate parking aisles from standard-sized spaces; (B) Aisles for compact car spaces are clearly marked with permanent pole signs denoting "Compact Cars Only" ; (C) Compact car spaces shall be located in close proximity to the facility which they serve so as to encourage their maximum usage; (D) Compact car spaces must be a minimum width of seven and one-half feet and a minimum length of fifteen feet." Discussion ; An alternative to a single parking ratio would be a variety of parking ratios keyed to differing uses. This is the method used in the M zone. Where "spec" industrial buildings are constructed, however, the number of parking spaces needed is not known until after the building has been occupied. In addition, use of buildings can change in time. This is especially true for buildings originally used as warehousing being converted to more intensive use. 7. Grandfather Clause ; Members of the public were concerned that rezoning parcels from M to P-M may preclude these parcels which can't meet the standards of the P-M zone from being used. Discussion; Any uses in existence at the time of rezoning would become legally non-conforming, and would generally be allowed to continue. This is a matter governed by Chapter 21.48 of the zoning ordinance, and by various court decisions. \ III. PRESENT M ZONE Although the Planning Commission was not directed to inves- tigate the present M zone it should be noted that many of the problems noted by the public can be attributed to the City attempting to phase out the present M zone. Upon review of the P-M zone, it may be that we are attempting to accom- plish too much with the P-M zone and there is a need for a general industrial zone such as M, provided that the regula- tions of the M zone are updated to meet the present General Plan. If the Planning Commission feels that there is a need for general industrial zoning it should recommend to the City Council that the present M zone be amended to compliment the goals of the General Plan and latest thinking in general industrial zoning. IV.. RECOMMENDATION It is recommended that the Commission report back to City Council the need to initiate amendments to the P-M zone for any of the above issues the Commission feels desirable. The Commission should also include any other issues it feels are important. Bud Plender BP:AM:mdp:cs -8-