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
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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
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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.
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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.
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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
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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)
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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:
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"(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
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21 PASSED AND ADOPTED at a meeting of said City Council held on
22 the day of ., 1978, by the following vote, to
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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).
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