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HomeMy WebLinkAbout1978-08-01; City Council; 5521; Zone Code Amendment to Clarify ProvisionsCITY OF "RLSBAD. •- 1 ' Initial': AGENDA BILL NO. ^5^2 / _ Dept. Hd. DATE: _ August i, 1978 _ __ _ City Atty DEPARTMENT: PLANNING _ City Mgr. *S SUBJECT: Zone Code Amendment to Clarify Provisions for Public Utility Uses. Case No. ZCA:97 (Public Hearing) STATEMENT OF THE MATTER Through the years through various code amendments and the addition of the PU Zone, the zoning code has taken on various methods for siting and processing public facilities. It is now at a point where there is some con- fusion and ambiguities to the code. ZCA-97 is an attempt to clarify the siting and processing of major public facilities. This was brought to our attention as we reviewed the code as *to the processing of satellite sewer plants. We,' therefore, felt that the code should be amended to reflect exactly what is desired in the way of zoning and processing. The proposed code amendment is relatively restrictive to major public facilities such as satellite sewer plants. It will require that before any siting of a major public facility, the property be zoned to the PU Zone and that a precise plan of development be approved through the public hearing process. Through the zoning and precise plan processing, the City should have ample ability to review the location, the development standards and major impacts of a major public facility. • Exhibits Planning Commission Resolution No. 1454 (with attached Exhibit "A" dated July 12, 1978). Staff Report, dated July 12, 1978. Recommendation It is recommended that the City Council direct the City Attorney to prepare documents APPROVING ZCA-97 as per Planning Commission Resolution No. 1454. Council action 8-1-78 Following the public hearing the City Attorney was directed to prepare documents necesssary for approval of ZCA-97; and staff was instructed to prepare an ordinance amendment to Paragraph J of Section 21.4].010(2) to include "transmission or distribution electrical substation", and operating centers" to those uses already listed as requiring conditional use permits. Staff was further directed to report back to Council as to clarification of "conversion plants". FORM PLANNING 73 PLANNING COMMISSION RESOLUTION NO. 1454 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF'CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO REVISE THE . PROVISIONS REGARDING PUBLIC UTILITY USES4 CASE NO.: ZCA-97 5 APPLICANT:. CITY OF CARLSBAD 6 7|( WHEREAS, the Planning Commission of the City of Carlsbad8 did on July 12, 1978 hold a duly noticed public hearing to consider a Zone Code Amendment amending Title 21 of the Municipal Code; and WHEREAS, the Planning Commission received all testimony from those persons interested in and opposed to, if any, the proposed Zone Code Amendment; and WHEREAS, the Planning Commission did find the following facts and reasons to be present which in their opinion are • necessary to carry out the general purpose .of Title 21 of the Municipal Code: A) Said amendment will delete unclear and ambiguous sections regarding "-utilities" in various zones, and amend the Conditional n-. Uses chapter to uniformly allow accessory public utility uses in zone with a CUP. 10 11 12 13 14 15 16 17 18 19 27 28 B) The Public Utility Zone will be changed to exclusively permit sewage treatment plants and other utility uses, not already listed and determined by the Planning Commission or City Council, to be within the intent and purpose of the Zone. // // 1 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 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does recommend approval to the City Council of an amendment to Title 21 of the Municipal Code as set forth in Exhibit "A", dated July 12, 1978, attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Planning Commission held on July 12, 1978, by the following vote, to wit: AYES: Commissioners Rombotis, L'Heureux, Woodeard, Larson, Schick NOES: Commissioner Wrench ABSTAIN: None ABSENT: Commissioner Jose JERRY ROMBOTIS, CHAIRMAN ATTEST: JAMES C. HAGAMAN, SECRETARY EXHIBIT "A" JULY 12, 1978 1 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,- AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO REVISE THE PROVISIONS REGARDING PUBLIC UTILITY USES.t The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.07, Section 21.07.040 of the Carlsbad Municipal Code is amended by the deletion of Subsection (11) "Utility Facilities"; and by the renumbering of Subsection (12) to Subsection (11). SECTION 2: That Title 21, Chapter 21.32, Section 21.32.010 of the Carlsbad Municipal Code is amended by the deletion of Subsection (24) "Public utilities service yards or electrical receiving and/or transforming stations. (Generating plants after review of Conditional Use Permit)"; and by the renumbering of Subsections (25) through (34) inclusive, to Subsections (24) « through (33) inclusive. SECTION 3: That Title 21, Chapter 21.33, Section 21.33.040 of the Carlsbad Municipal Code is amended by the deletion of Subsection (7) "Utility facilities, structures or easements"; and by the renumbering of Subsections (8) through (13) inclusive, to" Subsections (7) through (12) inclusive. SECTION 4: That Title 21,. Chapter 21.36, Section 21.36.020 of the Carlsbad Municipal Code is amended by the addition of Subsections (10 and (11) to read as follows: "(10) Waste water treatment, disposal or reclamation facilities; "(11) Any other uses which the Planning Commission or City Council may determine to be similar to the , permitted uses in the zone arid to fall within the intent and purposes of the zone"; 2 SECTION 5: That Title 21, Chapter 21.42, Section 21.42.010 3 of the Carlsbad Municipal Code is amended by the amendment of A Subsection (2) (J) to.read as follows: 5 "(J) Assessory public and quasi-public utility buildings /. and facilities including, but not limited to water wells, pump stations, gas metering and regulating stations, neighborhood n telephone exchanges, booster stations, or conversion plants, with the necessary apparatus or appurtenances incident thereto." 8 SECTION 6: That Title 21, Chapter 21.42, Section 21.42.010 9 •of the Carlsbad municipal Code is amended by the amendment of Subsection (6) to delete Subsection (C) and to reletter Sub- sections (D) through (H), inclusive, to Subsections (C) through 12 (G), inclusive. EFFECTIVE DATE: This ordinance shall be effective thirty 14 days after its adoption and the City Clerk shall certify to the 15 adoption of this ordinance and cause it to be published at least T6 once in the Carlsbad Journal within fifteen days after its 17 , ..adoption. TO INTRODUCED AND FIRST READ at a meeting of the Carlsbad City 19 Council held on the day of ' ' , 1978, and 20 ..thereafter 21 PASSED AND ADOPTED at a meeting of said City Council held on 22 the day of ., 1978, by the following vote, to 23 wit: 24 xx 25 'xx 26 XX 27 XX 28 oxx .2 ADDENDUM TO AGENDA BILL NO. 5521 SUBJECT; Public Utility Zone Amendment CASE NO: ZCA-97 Attached is a letter from Mr. Haas of San Diego Gas & Electric requesting a modification to ZCA-97. His requested modification is to add to Paragraph J, Section 21.42.010(2), "transmission or distribution electrical substation, and operating centers" to those uses already listed as requiring conditional use permits. San Diego Gas & Electric also suggests that a paragraph be added to the end of this section that would exclude installation, maintenance and operation of water lines, gas lines, telephone, telegraph, transmission lines, etc., from requiring a conditional use permit. San Diego Gas & Electric's desire is to make clear, which operations require a conditional use permit and which operations do not. Staff concurs with the change to Paragraph J but, does not feel that the clarification paragraph is necessary since the code under Section 21.44.080 already indicates that the City shall not limit or interfere with the installation maintenance and operations of the same uses as sited by San Diego Gas & Electric. Although staff concurs with the suggested change to Paragraph J, we do not suggest the change as a modification of subject case ZCA-97, since we are anxious to have the provisions adopted. Staff does suggest, however, that the suggested changes be done as a separate ordinance amendment. Exhibits Letter dated July 24, 1978, from San Diego Gas & Electric Section 21.44.080 Recommendation It is recommended that the City Council direct City Attorney to prepare ordinance amendment to Paragraph J of Section 21.42.010(2) and forward to the Planning Commission for hearing. SAN DIEGO GAS & ELECTRIC COMPANY P.O.BOX1831 SAN DIEGO, CALIFORNIA 92112 (714) 232-4252 July 24, 1978 FILE NO. MUG 100 Mr. P. D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Bussey: This letter makes reference to ZCA-97, Public Utility Zone - Zone Code Amendment to revise the provisions regarding public utility uses. San Diego Gas & Electric has reviewed the staff report and draft ordinance, also known as Exhibit A. We concur with changes as shown on the proposed ordinance. However, we would like to submit an amendment as claific- ation under SECTION 5; (J) "Accessory public and quasi-public utility buildings and facilities, including, but not limited to water wells, pump station, transmission or distribution electrical substations, operating centers, gas metering and regulating stations, neighborhood telephone exchanges, booster stations, or conversion plants, with the necessary apparatus or appurtenances incident thereto." It is further recommended that the following paragraph be added at the conclusion of Section 21.42.010: "The provisions of this ordinance shall not be construed to limit or interfere with the instal- lation, maintenance, and operation of water lines, sewer lines, gas lines, other public utility pipelines, and electric, telephone, or telegraph transmission lines when installed, maintained, and operated in accordance with all other applicable laws." AN INVESTOR-OWNED CORPORATION SAN DIEGO GAS & ELECTRIC COMPANY Mr. P. D. Bussey -2-July 24, 1978 Hopefully, the addition of the above stated mate- rial will avoid some potential problems which may arise at a future time. We are in full accord with GPA-53, Public Utility Revision. Thank you for your consideration. If you have any questions, please contact me by calling 232-4252, extension 1102. Sincerely, P. Haas Right-of-Way Agent PH:kll cc: Ronald C. Packard, Mayor Mary H. Casler, City Council Girard Anear, City Council Claude A. Lewis, City Council Vincent F. Biondo, City Attorney James C. Hagaman, City Planning Director 21.44.080 — 21.44.100 . indicated potential zone as provided in Chapter 21.52 and the map adopted thereby shall constitute an amendment to the zoning map. This precise plan shall by map, diagram or test, or all of them, indicate boundaries, design, arrangement and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to precise zoning. The comprehensive provisions of such precise plan shall take precedence over the individual provisions of this title covering subjects such as parking, yards, etc. (Ord. 9060 §1505).. 21.4-4.080 Public utilities. The provisions of this title shall not be constru¥d to limit or interfere, with the installation, maintenance and operation of mutual water companies or public utility pipe lines and electric or telephone transmission lines, or railroads, when located in accordance with the applicable rules and regulations of the public utilities commission of the state of California within rights of way, easements, franchises or ownerships of such public utilities. (Ord. 9060 §1506). 21.44.090 Temporary real estate office. In any newly created subdivision, the subdivider or 'his assignee may operate a temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall cease no later than one year from the date of the recording of the final subdivision map of said subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time, up to one year per application therefor, for such use, The procedure 'for applying for such a longer period of time for such use and for appeal- ing from a decision of the planning commission on such an application shall be the same as that for a variance under Chapters 21.50 and 21.54. (Ord. 9186 §1: Ord. 9060 §1507) . 21.44.100 Temporary real estate signs. In any newly created subdivision, the subdivider or his assignee may maintain two temporary real estate billboards, not to exceed fifty square feet in area per face, or one bill- board not to exceed in area of one hundred square feet per face, for the purpose of selling lots in the subdivision ..only. Such use shall cease no later than one year from the date of the recording of the final subdivision map of said subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time, up to one year per application therefor, for such use. The procedure for applying for such a longer period of time for such use and for appealing from a decision of the planning commission on such an application'shall be the same as that for a variance under Chapters 21.50 and 21.54. •(Ord. 9186 §1: Ord. 9060 §1508). 421