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Home My WebLink About1980-12-02; City Council; 6440; Conditional Uses- Windmills exceeding height limitCITY OF CARLSEAD TrlITIAL .---- AGENDA BILL NO. 4L/b - Dept. Hd.6~ JcV- - ' DATE: e---- December 2, 1980 Cty. Atty. I 1/l=A Mgr.bi, *-- DE PART M E N T PLANNING - Cty. -- --- SUBJECT: CONDITIONAL USES - WINDMINLLS EXCEEDING THE HEIGHT LIMIT CASE NO: ZCA-128 This item is an amendment to Section 21.42.010 of the Zoning Ordinance to allow windmills which exceed the height limitation of the underlying zone upon approval of a Conditional Use Permit. The Planning Commission expressed the concern that no specific. criteria or guidelines for review of windmills were included as part of the amendment. felt criteria relating to noise, height and shading should be included to ensure ade- quate review of windmills. The Commission, therefore, recommended approval of the amendment and that staff administratively adopt criteria and guidelines for.review of windmills. Specifically, they Upon review of the Conditional Use Permit Ordinance, staff feels that the specific findings which must be made when approving a Conditional Use Permit adequately cover the concerns of the Commission. Specifically, Sections 21.42..020,030 and 21.50.050(1,2) give authority to the Planning Commission to review any project requiring a Conditional Use Permit in terms of compatibility of the use to the site and adjaeent properties, noise generation and impacts on adjacent properties. specific review is already contained within the Conditional use Permit Ordinance , staff feels that it is not necessary to administratively adopt criteria and guide- lines for review of windmills. EXHIBITS 1. Staff Report dated November 12, 1980 2. PC Resolution No. 1722 3. Exhibit "A", dated November 12, 1980 Since the authority for FE C OMMEND AT I ON Both the planning staff and Planning Commission recommend that the City Council introduce Ordinance No. 94-71 , per Pla'nning Commission Resolution No. 1722. Further, staff recommends that the City Council find that the existing Conditional Use Permit ordinance adequately addresses the concerns' express6d by the Planning Commission. Council Action: 12-2-80. Council introduced Ordinance No. 9571. 12-16-80 Council adopted Ordinance No. 9571. STAFF REPORT November 12, 1980 Planning Ccmmission Planning Department ZCA-128, CONDITIONAL USES - An amendment to the Zoning Ord j-nance to ailow windmills which exceed the height limitation of the underlying zone upon approval of a Conditional Use Permit. -- -- -- This i.tem is brought before the Planning Commission subseqGent to the Commission's act.ion cn a Site Development Plan apprcval for the P-nderson's Pea Soup Restaurant on September 10, 1980 (SDP 80-11) e As the Commission wi.11 recall, a request for a variance to allow an 83' high windmill was denied because the four mand.atory findings for a variance could not be made. The Pl.;bnning C.onunission, however, felt such v?indmiil structures which generate usable energy served the interests of the city ar,d, thus, directed staff to prepare an amendment t.0 th? Zoning Ordinance to allow same. The amendment before the Commission tonight would provide a mechanism to allow energy generatbcj windmills in all zones of the city with the approval of '3 Conditional Use Permit. I317 requirir,g a Conditional Us? Permit, the city cr?n c~siire th~t the windmill with the increased height will not adversely impact adjoining properties. This is similar to the existing pravisior, in the zone code which requires a Conditional- Use Perni-t for radio and television transmitting structures whi ch often exceed the height limits of the code. Specifically, this ?!tern .tmuld amend Chapter 21.42 (Conditional Uses) bj7 wkliny Subsection 21.42.010(2) (AA) as follows: "(AA) Windixills exceeding the height limit of the underlying zone, provided the purpose of such windmills is to generate usable electrical or mechanical energy and provided the windmill is architect-urally integrated with the other buildings on the site." Staff feels this amendment meets the Commission's intent of allowing windmill structures which exceed the height limit of the Zoning Ordinance while at the same time providing a discretionary review process to ensure good plannning practj-ces and compatibility with surrounding properties. Environmental -. Review The Planning Director has determined that this project will not have a significant impact on the environment and therefore has issued a Negative Declaration on October 24, 1980. Recomnienda t i on It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adGpt Resolution No. 1722, APPROVING ZCA-128, based on the findings contained therein. - Attachments PC Resoxmon No. 1722 w/Exhibit "A" dated 11/12/80 Envircnmental Documents dated 10/24/80 BH : ar 11/4/80 -2- .- a 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 \ PLANNING COMMISSION RESOLUTION NO. 1722 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.42, SECTION 21.42.010(2) OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION (AA) TO ALLOW WINDMILLS WHICH EXCEED THE HEIGHT LIMIT UPON APPROVAL OF A CONDITIONAL USE PERMIT. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-128 h WHEREAS, the Planning Commission did, on the 12th day of November, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. MOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni.ng Commission as follows: A) That the above recitations are true. and correct. S) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-12S, according 5.0 Exhibit "A", dated November 12, 1980, attached hereto and ma&! a part hereof, based on the following findings: Findings : _1- Allowing windmills to exceed the height limitation of the underlying zone provided the purpose of such windmills is to generate usable energy serves the interests of the city and facilitates energy conservation. Providing a Conditional Use Permit process to allow windmills to exceed .the height limitation will ensure that such windmills will not create detrimental impacts to surrounding properties and will be architecturally integrated with other buildings on the site. This project will not c ause any significant environmental impacts, and a declaration of negative environmental impact has been issued by the Planning Director on October 24, 1980, and approved by the Planning Commission on November 12, 1980. + I- '1 2 2 4 F G 'i E s 1c 11 12 12 14 15 1E 17 1E 19 2c 2 3. 22 23 24 25 26 27 28 _- PASSED, APPROVED AND ADOPTED at a regular meeting of the P1annir.y Commission of the City of the 12kh day of November, 1980, by AYES : NOES : ABSENT : ABSTAIN : ATTEST: Carlsbad, California, held on the following vote, to wit: mY MARCUS, Chairman CARLSBAD PLANNING COJ!IIMISSION JAMES C . HAGAMAN, Secretary CARLSRAD PLATJNING COMMISSION -2- 1 2 3 4 5 6 7 € s 1c 13 1: 12 11 If If 1' It 11 2( 2: 21 2 2, 2 2 2 2, lays after its adoption, and the City Clerk shall certify to the 3doption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Zity Council held on the 2nd day of December , 1980 and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the 16th day of December , 1980, by the following vote, ORDINANCE NO. 9571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANENDING TITLE 21, CHAPTER 21.42 (CONDITIONAL USES), SECTION 21.42.010 OF THE CARLSBAD MUNICIPAL CODE BY ADDING SUBSECTION (AA) TO ALLOW WINDMILLS WHICH EXCEED THE HEIGHT LIMIT UPON aPPRo"AL OF A CONDITIONAL USE PEmIT The City Council of the City of Carlsbad, California, does brdain as follows: SECTION 1: That Title 21, Chapter 21.42.010 of the Carlsbad lunicipal Code is amended by the addition of Subsection (AA) to :cad as follows: "(AA) Windmills exceeding the height limit of the underlying sone, provided the purpose of such windmills is to generate usable 2lectrical or mechanical energy and provided the windmill is wchitecturally compatible with the other buildings on the site." EFFECTIVE DATE: This ordinance shall be effective thirty to wit: AYES: Council Members Packard, Casler, Anear and Lewis NOES: Council Member Kulchin ABSENT: None RONALD C. PACKARD, Mayor ATTEST :