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MTG. 6/21/83 ZONE ODE AMENDMENT REVISING THE P-M (PLANNED INDUSTRIAL) ZONE ZCA-166 - CITY OF CARLSBAD
RECOMMENDED ACTION:
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Both the Land Use Planning staff and Planning Canmission recanmend that this application be APPFOVED ah that the City Council introduce Ordinance
No. %9\3
ITEM EXPLANATION
This item is an amendment to the P-M (Planned Industrial) zone. The amendment
would substantially revise the existing P-M zone.
P-M zone are the following: The major features of the new
1) Requires discretionary approval by the Land Use Planning Manager of all new industrial developments in the P-M zone via a Planned Industrial
Permit (Section 21.34.050);
2) a) Design criteria (Section 21.34.080),
b) Development standards (Section 21.34.080) and c) Performance standards (Section 21.34.090);
Establishes three categories of review;
3) Allows for limited residential development for use by employees of the
P-M zone via a specific plan process (Section 21.34.040);
4) Provides for a wide range of professional office uses that are consistent with existing City Council, Planning Cammission and staff
plicies (Section 21.34.020(f)).
In developing this ordinance, staff has received input from several major industrial park developers regarding current needs and trends. Also, staff has reviewed several of the more innovative ordinances adopted by other mnmunities in the state. Finally, staff has made a canprehensive analysis of the existing
problems and needs of industrial development in Carlsbad.
The Planning Canmission found that this ordinance addresses the needs of both the City and the industrial camnunity as they relate to Carlsbad. Cammission believes this ordinance adheres to the City Council's policy of encouraging light, clean and attractive industrial development.
Also, the
Through staff review and Planning Commission hearing, all issues on this matter
have been satisfactorily resolved.
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated April 20, 1983, &ich was approved by the Planning CarrmLission on May 25, 1983.
Use Planning Office.
A copy of the enviromntal documents is on file in the Land
Page Two of Agenda Bill No. 7 9 I
FISCAL IMPACT
No fiscal inpacts muld be created by approval of this project.
EXHIBITS
1 . 2. PC Resolution No. 2125
3. Staff Report, dated May 25, 1983 w/attachments
City Council Ordinance No. 9 (,, 9 3
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ORDINANCE NO. 9693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, AMENDING TITLE 21, CHAPTER 34 OF THE CARLSBAD
MUNICIPAL CODE BY REVISING THE P-M (PLANNED INDUSTRIAL)
ZONE.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 34, of the Carlsbad
Municipal Code is amended to read as follows:
CHAPTER 21.34
P-M PLANNED INDUSTRIAL ZONE
Sections:
21.34.010
21.34.020
21.34.030
21.34.040
21.34.050
21.34.060
21.34.070
21.34.080
21.34.090
21.34.100
21.34.110
21.34 . 120
21.34.130
21 . 34.140
21 -34.150
21.34.160
Intent and Purpose
Permitted Uses Conditional Uses
Uses Permitted by Specific Plan
Planned Industrial Permit Industrial Condominiums Development Standards
Design Criteria
Performance Standards
Cancellation of Planned Industrial
Permit AmenAments
Final Map
Final Planned Industrial
Development Plan Certification of Occupancy
Maintenance
Failure to Maintain
21 34.010 Intent and Purpose. The intent and purpose of
this7 apter is to accomplish the following:
(1) Allow the location of business and light industries
engaged primarily in research and/or testing, compatible light
manufacturing, business and professional offices when engaged in
activities associated with corporate offices or in activities
whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone.
developments which upgrades the City's natural environment and identity.
(2) Promote an attractive and high quality dcsiqn in
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(3) Provide for the phasing of development which is coordinated with the development of public improvemen-s and
services.
(4) Encourage reduced energy consumption by building design
and by allowing, in certain* cases, compatible residential
development which provides housing for employees of this zone.
(5) Provide for alternative transportation modes for
employees of this zone by a combination of bus facilities, ride
share programs, and pedestrian and bicycle circulation systems.
21.34.020 Permitted Uses. The following uses are permitted
(1) Research and testing facilities;
(2) Manufacturing and processing facilities;
(3) Storage, wholesale and distribution facilities
(4) Administrative offices associated with and accessory to
(5) On-site recreational facilities intended for the use of
(6) Business and professional offices which are not retail ir
in the P-El zone without the granting of a conditional use permit:
a permitted use;
employees of the Planned Industrial Zone;
nature, do not cater to the general public, and do not generate walk-in or drive-by traffic, and are incidental to the industrial uses in the vicinity as follows:
Accountants
Administrative Offices Advertising Agencies Advertising - Direct Mail Agricultural Consultants
Airlines Offices, General Offices
Air Courier Service Answering Bureaus Appraisers Arbitrators Architect Design & Planners
Attorney Services
Attorney (No Legal Clinics) Audio-Visual Services
Billing Service Blueprinters Bookkeeping Service
Buj lding Designers Building Inspection Service Burglar A1 arm Sys tems Business offices for professional and labor organizations Business Consultants Civil Engineers Collection Agencies Commercial Artists
Cornmod it y Brokers Communications Consultants Computer Programmers
Computer Service (Time-sharing)
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Computer Systems Construction Manager Corporate Headquarters Office
Corporate Travel Agencies & Bureaus
Credit Rating Service
Data Communication Service Data Processing Service Data Systems Consultants Diamond & Gold Brokers Display Designers Display Services
Drafting Services
Economics Research Educational Consultants Educational Research
Electric Contractors (Sales & Administrative
Electronics Ccnsultants
Energy Management Consultants
Engineering Offices Environmental Services
Escrow Service Estimators
Executive Recruiting Consultants
Executive Search Office
Executive Training Consultants
Export Consultants Financial Planners & Consultants Fire Protection Consultants Foreclosure Assistance
Foundation-Educational Research
Franchise Services
Fund Raising Counselors Gemologists General Contractors (No Equipment Storage Permitted)
Geophysicists Government Contract Consultants Governmental Agencies (General & Administrative
Graphics Designers
Human Factors Research & Development
Human Services Organization (Administrative
Import e r s Industrial Medical (Workers Comp. 1 Incorporating Agency Information Bureaus
Insurance Companies (Administrative Offices Only)
Interior Decorators & Designers (No Merchandise Storage Permitted) Investigators Inve s t m e n t Ad v i so r y
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Offices Only)
Off ices Only)
Off ices Only)
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Investment Securities
Labor Relations Consultants Leasing Services
Lecture Bureaus Literary Agents
Magazine Subscription Agents
Mailing List Service Management Consultants
Manufacturers Aqents
Marketing Research & Analysis
Message Receiving Service Mutual Funds Patent Searchers
Pension & Profit Sharing Plans
Personal Service Bureau
Photographic (Industrial & Commercial Only) Printing Services Product Development & Marketing
Public Relations Services
Public Utility Companies Publicity Services
Publishers Representatives
Radio Communications
Real Estate Brokers (Commercial & Industrial
Real Estate Developers Recording Service
Relocation Service
Repossessing Service Research Labs
Retirement Planning Cmsultants
Safety Consultants Sales Training & Counseling
Searchers of Records Securities Systems Security Firms Sound System Consultants Space Planning Consultants Space Research & Developments
Stock & Bond Brokers Surveyors Tax Service & Consultants (No consumer oriented
Telephone Cable Companies Telephone Systems
Title Companies
Tour Operators
Trade Mark Consultants
Translators & Interpreters Trust Companies Uses substantially similar to those identified
above if approved by the Land Use Planning Manager.
Only 1
Uses)
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(7) Government facilities and offices;
' .(8) Accessory uses and structures where related and
incidental to a permitted use.
(9) Signs subject to the provisions of Chapter 21.41.
21.34.030 Conditional Uses. The following uses are permitted
( 1 ) Eating and drinking establishments
(2) Hotels and motels
(3) Automobile service stations
(4) Day-care centers
(5) Health and athletic clubs (6) Retail uses limited to the sales of goods and services
in the P-M zone upon the gr'anting of a conditional use permit:
required for the convenience of the occupants of this zone.
21.34.040 Residential Uses Permitted by Conditional Use
Permit. The following residential uses are permitted in the P-M
zone upon the granting of a conditional gse permit by the City
Council:
(1) Single family, multiple family residential uses or a combination thereof which serve to house the employees of businesses located in the P-M zone. Prior to the approval of a
conditional use permit, the City Council shall make the following
findings:
been approved, or is approved concurrently with the conditional
use permit, by the City Council.
an industrial park or large industrial use.
compatible with the industrial use it serves by means of
landscaping, open space separations, etc.
(D) The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and
from the residential developxent. The maximum allowable density for the residential
development shall be established by the City Council but in no
event shall the density exceed 40 dwelling units per acre.
(A) A Planned Development Permit Eor the project has
(€3) The residential development is an integral part of
(C) The residential development is designed to be
21.34.050 Planned Industrial Permit.
(a) Land Use Manaqer Awroval. No development of a permitted use pursuant to Section 21.34.020, change of use of
building modifications in excess of twenty-five percent of the building valuation of the existing development shall be done without first obtaining a Planned Industrial Permit from the Land
Use Planning Manager. In his review of a Planned Industrial
Development, the Land Use Planning Manager shall ascertain all
facts pertinent to the proposed development and shall approve,
conditionally approve, disapprove or give notice of referral to
the Planning Commission, together with the findings and reasons
for such action.
(b) Application. Application for a Planned Industrial
Per i't shal be-rnady in accordance with the procedures set forth in Etiis seckion.
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(1) An application for a Planned Industrial Permi': may
be made by the record owner or owners of the property affectcd or
the authorized agent of the owner or owners. The application shall be filed with the Land Use Planning Manager upon forms provided him. The application shall be accompanied by adequate plans which allow for detai'led review pursuant to this chapter, a
legal description of the property and all other materials and
information specified by the Land Use Planning Manager.
applicant shall pay a processing fee in an amount specified by
City Council resolution;
Planned Industrial Development in phases , the application shall so state and shall include a proposed phasing schedule;
a Planned Industrial Permit, the Land Use Planning Manager shall make the following findings:
(1) The site indicated by the Planned Industrial Permit is adequate in size and shape to accomodate the proposed use, and all yards spaces, walls, fences , parking, loading, landscaping
and other features required by this chapter;
trial Permit are located in such a manner to be related to
existing and proposed streets and highways;
Permit are consistent with the intent and purpose of this zone
and all adopted development, design and performance standards as set forth in this chapter, (d) Notification. The Land Use Planning Manager shall notify the applicant in writing of any decision made on a Planned
Industrial Permit.
(2) At the time of filing the application, the
(3) If the applicant contemplates the construction of a
(c) Findinqs of the Land Use Planning Manaqer. In approving
(2) The improvements indicated on the Planned Indus
(3) The improvements as shown on the Planned Industrial
(e) Appeal of Land [Jse Planning Manaqer Decision.
(1) The applicant or any other interested person may appeal, from any action of the Land Use Planning Manager with respect to a Planned 1ndustr.-a1 Permit, to the Planning
Commission. Any such appeal shall be filed with the Land Use Planning Office within ten days of written notification of the
Land Use Planning Manager's decision. Upon the filing of an
appeal, the Land Use Planning Manager shall set the matter for Planning Commission hearing. Such hearing shall be held wi '.hin thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the Planning Commission
shall render its decision on the appeal.
applicant shall pay a processing fee in an amount specified by City Council Resolution.
(3) The decision of the Planning Commission shall be
consistent with the provisions of this chapter and shall be
supported by appropriate findings.
(4) If the Planninq Commission fails to act on an
appeal within the time limits specified in this section, the appeal shall be deemed denied
(2) At the time of filing for such appeal, the
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(f) Appeal of Planning Commission Decision.
appeal, front any action of the Planning Commission with respect to a Planned Industrial Permit, to the City Council.
Any such appeal shall be filed with the City Clerk within ten days after the action of the Planning Commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set the matter for hearing. Such hearing shall be held within
thirty days after the date of filing the appeal. Within ten days
following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City
Council is final.
applicant shall pay a processing fee in an amount specified by
City Council Resolution.
(3) The decision of the City Council shall be consistent with the provisions of this chapter and shall be
supported by appropriate findings.
(4) If the City Council fails to act on an appeal
within the time limits specified in this section, the appeal
shall be deemed denied.
(1) The applicant or any o.Lher interested person may
(2) At the time of filing for such appeal, the
21.34.060 Industrial Subdivisions. Industrial subdivisions includinq industrial condominium and planned unit developments may be permitted in the P-M zone if the project meets ali other
requirements of this chapter and all requirements of Title 20
(Subdivision Ordinance) . All industrial subdivisions,
condominium and planned unit development subdivision applications shall be accompanied by an application for a Planned Industrial Permit processed.pursuant to Section 21.34.050 except that said
permit shall be approved by the same decision making body which
approves the subdivision. Amendments to a Planned Industrial
Permit issued pursuant to this section may be made by the Land
Use Planning Manager according to this chapter.
21.34.070 Development Standards. All industrial projects
(1) Building Iieiqht. No building in the P-M zone shall shall corrply with the following development standards :
exceed a height of thirty-five feet unless a specific plan
providing for a higher maximum has been adopted.
Secondary Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary
street shall have a minimum setback of fifty feet. This setback
shall be measured from the right-of-way line. This setback shall
be entirely landscaped and irrigated; however, upon approval of the Land Use Planning Manager, the landscaped porti.on off the
setback may be reduced to thirty-five feet to accomodate a driveway along the portion of the setback furthest from the right-of-way or private street. Any driveway within the front
(2) Setbacks
(A) Front Yard and Side Street Yard on Prime, Major and
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yard setback shall be screened from the public or private street by a mixture of mounding and landscaping to the satisfaction of
the Land Use Planning Manager.
and Private Streets, Every lot in the P-M zone that has a front
yard or side street yard facing on a collector, local or private street shall have an average setback of 35 feet, however, said setback shall not be less than 25 feet. This setback shall be
entirely landscaped and irrigated and shall be measured from the
right-of-way line or, in the case of a private street, from the curb line.
shall have a minimum setback of ten feet which shall be entirely
landscaped and irrigated.
minimum of twenty feet of which at least ten feet adjacent to the
rear property line shall be entirely landscaped and irrigated.
part of a required setback area shall not exceed six feet in
height. A wall or fence located in any required front setback or
side street setback area shall not exceed thirty-six inches in
height. (F) Landscaping in Parking Areas. A minimum of ten
percent of the required parking area, inclusive of driveways,
shall be landscaped subject to the approval of the Land Use
Planning Manager. Landscaping in the building setback areas
shall not count towards meeting this requirement.
(B) Front Yard and Street Side Yard on Collector, Local
(C) Side Yard - Interior. All interior side yards -
(D) Rear Yard. The rear yard setback shall be a
(E) Walls and Fences. A wall or fence located in any
(G) Minimum Lot Area; Except -for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. When an industrial subdivision is submitted, the, Planning Cornmission or City Council, whichever
is the final decision maker, may permit a reduction in the
minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned industrial project and that the reduction of the lot area does not create adverse impacts to surroundinq properties.
(H) Lot Coverage; All buildings, including accessory
building structures, shall cover not more than 50% of the area of a lot. Open parking areas shall not be counted in determining
lot coverage . (I) Private Streets, Private streets may be permitted
within a Planned Industrial Development provided their width and geometric design are related to the function, topography and
needs of the development, and their structural design, pavement
and construction conply with the requirement of the City's street
improvement standards and further provided that the permit is
processed concurrently with a subdivision map. The Planning Commission and City Council, shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of
private streets shall. be not less than the following:
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Type of Street Mfnimum Width (Curb to Curb)
2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet
2 lanes, parking on both sides 52 feet
21.34.080 Desiqn Criteria. All industrial projects shall comply with the following design criteria:
(1) The overall plan shall be comprehensive, imaginative and
innovative embracing land, buildings, landscaping and their relationships, and shall conform to adopted plans of all govern-
mental agencies for the area in which the proposed development is
located;
(2) The plan shall provide for adequate open space, circula-
tion, off-street parking and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, orientated and related to the tcpographic and natural landscape features of the site. (3) The proposed development shall be compatible with
existing and planned surrounding land uses and with circulation
patterns on adjoining properties. It shall not constitute a disruptive element to the commuriity;
(4) The internal street system shall not be a dominant
feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of the devclop- men t .
(5) The design of buildings and surrounding environment
shall be architecturally integrated and compatible with each
other. (6) Screening walls for storage spaces, loading areas and equipment shall be architecturally integrated with the surround- ing building design.
opportunities for plazas or other landscaped open spaces within the project.
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(7) Building placement shall be designed to create
21.34.090 Performance Standards. All industrial uses shall
comply with the following performance standards:
(1) The maximum allowable exterior noise level of
any use shall not exceed sixty-five L as measured at the property line. use, the noise level shall not be in excess of 45 L as dn measured within the interior space of the neighboring establishment. Noise caused by motor vehicles traveling to and
from the site are exempt from this standard.
causing unpleasant odors which are perceptible to the average person while within or beyond the lot containing such uses.
(3) All uses shall be so operated as not to generate
vibration discernible without instruments by the average person
while on or beyond the lot upon which the source is located or
Where a structure is @cupied by more than one
(2) All uses shall be operated so as not to emit matter
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within an adjoining enclosed space if more than one establishment
occupies a structure. Vibration c3used by motor vehicles, trains
and temporary construction is exempted from this standard.
(4) All uses shall be operated so as not to produce
humidity, heat, glare or high-intensity illumination which is
perceptible without instruments by the average person while on or
beyond the lot containing the use. (5) All uses shall meet the air quality standards of the San
Diego County Air Quality Control Board (AQCB). In addition, all
uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments
by the average person while on the lot containing such uses.
fabrication, packaging, processing and treating operations shall
be conducted entirely within an enclosed building.
(7) All outdoor storage, including equipment, shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. Any such wall shall be
architecturally compatible with the main buildings on the site
and shall screen the stored materials from the view of industrially zoned adjoining properties and public streets. If
complete visual screening of stored materials is not possible, trees and other plant materials shall be used. Any walls or
landscaping used for screening purposes shall be subject to the
approval of the Land Use Planning Manager.
industrially zoned properties.
with the provisions of Chapter 13.16 of this code, as. mended.
(6) All manufacturing, assembling, compounding,
Outdoor storage shall not be allowed adjacent to non-
(8) All discharge of industrial waste shall be in conformity
21.34.110 Amendments. (a1 Amendments to a Planned Industrial Permit may be initiated by the property owner or authorized agent ai follows:
the Land Use Planning Manager in written form and shall be accompanied by such additional graphics, statements I; or other
information as may be required to support the proposed amendment. When necessary, the amendment shall be accompanied by an amendment to any corresponding tentative map or tentative parcel
map.
amendment minor in nature, the additional graphics, statement or
other information may be approved by the Land Use Planning Manager and made part of the original approval.
of the subject property, or involve an addition of a new building or group of buildings not shown on the original permit of greater than ten percent in approved yards, coverage, height, open space or landscaping, provided no changes shall be less than required
by this chapter. If the Land Use Planning Manager determines
that the amendment is not minor, a new Planned Industrial Permit
shall be filed. An amendment affecting a subdivision map for the project shall not be deemed minor and shall be processed pursuant to Title 20 for amendment of subdivisions.
(1) A request for an amendment shall be submitted to
(2) If the Land Use Planning Manager considers the
(3) A minor amendment shall not change the boundaries
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(4) If a new Planned Industrial Permit is required, the applicant shall submit a completed application with graphics,
statements, or other information as may be required to support
the proposed modification.
shall be required for an amendment to a Planned Industrial
Permit. (6) An application for an amendment of a Planned
Industrial Permit shall be processed and determined in accordance
with the provisions of this chapter applicable to the adoption of a Planned Industrial Permit;
intention of the Planning Commission or City Council.
(5) A fee, as specified by City Council resolution,
(b) Amendments may also be initiated by resolution of
21.34.120 Final Map. Building permits for construction - within any Planned Industrial Development shall not be issued until a final subdivision map or parcel map has been recorded for
the property. A final map which deviates from the conditions
imposed by the permit shall not be approved.
21.34.130 Final Planned Industrial Development Plan. (a) For applications that have filed a parcel map or tentative map concurrent with a Planned Industrial Permit, a
final Planned Industrial Development Plan shall be submitted to
and approved by the Land Use Planning Manager prior to the recordation of the final map.
tentative map concurrent with a Planned Industrial Permit, a final Planned Industrial Development Plan shall be submitted to
and approved by the Land Use Planning Manager prior to the
issuance of any building permits.
reflect all required revisions and refinements. The final
Planned Industrial Development Plan shall include:
sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (2) A final grading plan;
(3) Final elevation plans;
(4) A final landscaping plan including methods of soil
(b) For applications that have not filed a parcel map or
(c) The final Planned Industrial Development Plan shall
( 1 ) Improvement plans for private streets, water,
preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and (5) A plan for lighting of streets, driveways and parking areas. (a) Where a Planned Industrial Development contains any land or improvements proposed to be held in common ownership, the
applicant shall submit a declaration of covenants, conditions and restrictions with the final Planned Industrial Development plan.
Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and
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responsibilities of the common ownership and shall be reviewed by and subject to approval by the Land rlse Planning Manager and City
Attorney. (a) A final Planned Industrial Development plan may be
submitted for a portion of the development, provided the Land Use
Planning Manager approves t'he construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The plan for the first
portion must be submitted within the time limits of this section.
Subsequent units may be submitted at later dates in accord with the approved phasing schedule.
conformity to the requirements of this chapter and the Planned Industrial Development permit. If he finds the plan to be in substantial conformance with all such requirements, he shall approve the plan.
(e) The Land Use Planning Manager shall review the plan for
21.34.140 Certification of Occupancy. A certification of
occupancy shall not be issued for any structure in a Planned
Industrial Development until all improvements required by the Planned Industrial Permit have been completed to the satisfaction of the City Engineer, Land Use Planning Manager and the Director of Building and Planning.
21.34.150 Maintenance. All private streets, walkways, park- ing areas, landscaped areas, storage areas, screening, sewers,
drainage facilities, utilities, open space and other improvements
not dedicated to public use shall be maintained by the property
owners or as otherwise approved by the City Council. Provisions
acceptable to the City shall be made for the preservation and maintenance of all such improvements prior to the issuance of
building permits.
21.34.160 Failure to Maintain. (a) All commonly owned land, improvements and facilities
shall be preserved and maintained in a safe condition and in a stste of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding
community .
(b) In addition to any other remedy provided by law for the
abatement, removal and enjoinnent of such public nuisance, the
City Engineer may, after giving notice, cause t.he necessary work of maintenance or repair to be done. The costs thereof shall be assessed aqainst the owner or owners of the project.
whose names appear on the last equalized assessment roll as
owners of real property within the project at the address shown
on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance
or repair of the common areas and €acilities of the project under an indenture or agreement. The City Engineer shall also cause at
(c) The notice shall be in writing and mailed to all. persons
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least one copy of such notice to be posted in a conspicuous place
on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice.
(d) The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City shall
cause such work to be done, in which case the cost and expense
of such work, including incidental expenses incurred by the
City, will be assessed aginst the property or against each separate lot and become a lien upon such property.
for in Subsection (a), the work has not been done, or having been
commenced, is not being performed with diligence, the City
Engineer shall proceed to do such work or cause such work to be
done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact
that the work has been completed and the cost thereof, together
with a legal description of the property, against which cost is
to be assessed. The City Council shall thereupon fix a time and
place for hearing protests against which the cost is to be
assessed and against the assessment of the cost of such work.
The City Engineer or the City Clerk, if so directed by the
Council, shall thereafter give notice in writing to the owners of
the project in the manner provided in Subsection (c) of the hour
and place that the City Council will pass Gpon the City Engineer's report and will hear protests against the assessments.
Such notice shall also set forth the amount of the proposed
assessment. (f) Upon the date and hour set for %he hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to confirm, modify or reject the assessments.
Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall muse it to be filed in the office of the County Recorder of the County a
notice of lien, substantially in the following form:
(e) If upon the expiration of the five day period provided
(9) A list of assessments as finally confirmed by the City
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“NOTICE OF LIEN
Pursuant to Chapter 21.34, Title 21, of the Carlsbad
Municipal Code (Ordinance No. 9693), the City of Carlsbad did on the day of r 19 , cause maintenance
and repair work to be done ,in the Planned Industrial Development
project known as
which was constructed under the Planned Industrial Development
Permit No. , for the purpose of abating a public nuisance ar
enforcing compliance with the terms of said permit, and the Councj
of the City of Carlsbad did on the day of I 19 , by its Resolution No. assess the cost or portion of the cost thereof upon the rear property hereinafter described, and the same has not been paid nor any part thereof,
and the City of Carlsbad does hereby claim a lien upon said real
property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is
hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of Property)
Dated this day of I 19
, City Clerk, City of Carlsbad”
(h) From and after the date of recordation of such notice
of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowzd by law until paid in full. The lien shall continue until the
amount of the assessment an(; all interest thereon has been paid,
The lien shall be subordinate to tax liens and all fixed special
assessment items previously imposed upon the same property, but
shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against
the property. From and after the date of recordation of such
notice of lien, all persons shall be deemed to have notice of contents thereof ,
14.
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbkd Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 16th day of Auwt I 1983,
and thereafter
PASSED AND ADOPTED at a meeting of said City Council
held on the 6th day of SePMM , 1983, by the
following vote, to wit:
AYES:
NOES: WJI-E
ABSENT: None
Council Menkers Casler, Lads, Kulchin, Chick and Prescott
I MARY H. QhSLER, Mayor
ATTEST :
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2125
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMNENDING APPROVAL OF A ZOPJE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTER 34, OF THE CARLSBAD
ElUNICIPAL CODE REVISING THE P-M (PLANNED INDUSTRIAL) ZONE.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-166
WHEREAS, the Planning Commission did, on the 25th day of
ay, 1983, hold a duly noticed public hearing as prescribed by law
o consider said request: and
WHEREAS, at said public hearing, upon hearing and
onsidering all testimony and arguments, if any, of all persons
esiring to be heard, said Commission considered all factors
elating to the Zone Code Amendment.
ROW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
omission as follows:
) That the above recitations are true and correct.
) That based on the evidence presented at the public hearing,
the Cornmission recommends APPROVAL of ZCA-166, according to
Exhibit "A", dated May 25, 1983, attached hereto and made a
part hereof, based on the following findings:
indings :
) The revised P-M zoning ordinance will ensure that industrial
--
development within the City of Carlsbad will be well designed,
comprehensively planned and integrated with existing uses and
circulation systems.
) The revised P-M zonir,g ordinance will encourage high quality,
light and clean industrial uses in the City.
) All provis.ions of the P-M zoning ordinance are consistent with
the Land Use and Housing Elements of the General Plan.
///
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PAUSED, PPRI ED AND ADOPTED at a regular meeting of the
Ilarlcing Commission of the City of Carlsbad, California, held on
.he 25th of May, 1983, by the following vote, to wit:
AYES :
NOES : None . Chairman Schlehuber, Carmissioners Marcus, Farraw,
Friestedt, Jose and Jose.
ABSENT: corrmissioner Rcsnbotis.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARSLBAD PLANNING COMMISSION
AND USE PLANNING MANAGER
'C RES0 NO. 2125 2.
i -
STAFF REPORT -
DATE : May 25, 1983
TO : Planning Department
8
FROM : Land Use Planning Office
SUBJECT: - ZCA-166 - CITY OF CARLSBAD - An amendment to the Zoning
Ordinance revising the P-M (Planned Industrial) zone.
I. RECOMME NDA T I ON
It is recommended that the Planning Conmission APPROVE the
Negative Declaration isslred by the Land Use Planning Manager,
and ADOPT Resolution No. 2122, APPROVING ZCA-166, based on the findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
This item is an amendment to the P-M (Planned Industrial) zone.
This amendment would substantially revise the existing
regulations for all planned industrial projects. Staff is proposing a revision to the P-M zone because the existing zone is
not adequate in scope to facilitate the large number of
industrial projects being proposed in Carlsbad. The existing
ordinance .has created much confusion and controversy, in particular, with respect to office uses permitted in the P-M zone.
The major features of the revised P-M zone are the following:
1) Requires discretionary approval by the Land Use
Planning Manager of all new industrial developments in the D-EI zone via a Planned Industrial Permit (Section 21.34.050);
2) Establishes three categories of review:
a) Design Criteria (Section 21:34.070),
b) Development Standards (Section 21.34.080), and
c) Performance Standards (Section 21.34.090);
3) Allows for limited residential development for use by employees of the P-M zone via a Specific Plan process
(Section 21.34.040); and
4) Provides for a wide range of professional office uses
that are consistent with existing City Council,
Planning Commission and staff policies (Section 21.34.020(e)).
In developing this ordinance, staff has received input from
several major industrial park developers regarding current needs
and trends. Also, staff has reviewed several of the more
innovative ordinances adopted by other communities in the state.
Finally, staff has made a comprehensive analysis of the existing
problems and needs of industrial development in Carlsbad.
With all the available information, staff has put together the
.ordinance before you' tonight. Staff believes this ordinance
addresses all the needs of both the City and the industrial
community as they relate to Carlshad. In preparing this
ordinance, staff has adhered to the City Council' policy of encouraging light, clean and attractive industrial development.
The following is a brief discussion of the major features of the new ordinance.
Planned Industrial Permit
The existing P-M Ordinance presently allows construction of industrial projects with a simple building permit. Unlike most
areas of the City, industrial buildings can be built without any
review of a site plan or design other than those stated in the
P-M zone (setbacks, building height, etc) .
The revised ordinance would require a site plan review by the
Land Use Planning Manager prior to the issuance of a building
permit. This review would ensure that all components of the
project are properly designed and we11 related to each other.
Since the review would be by the Land Use Planning Manager, the time period for review would not be excessive. Any decision or
conditions placed on a project could be appealed to the Planning
Commission.
A planned Industrial Permit is required for all new
construction, however, simple additions to existing structures would be exempted. All Conditional Use Permits would still be
subject to review andtapproVal by the Planning Commission.
Three Catesories of Review
The revised ordinance establishes three categories for review:
1) Design Criteria, addressing building design and
relationships, circulation patterns and compatibility with
surrounding land uses: 2) Development Standards, addressing building setbacks, height, landscaping, lot coverage, and ocher standards typical of traditional zoning regulations; and 3) - Performance Standards, addressing noise, odor, vibration, air quality, storage and waste discharge.
Staff believes these categories of review will ensure that all new industrial development will be consistent with the
industrial development goals and objectives of the City.
-2-
Residential DeveloDment
In limited cases, the revised ordinance would allow residential development via a Specific Plan. The intent of this Section is
to encourage affordable housing close to the industrial core to
serve primarily for the employees of the industrial zone. This
provisions is not mandatory and would be likely used by larger
industrial developments with adequate space to design a comprehensive project. In reviewing a Specific Plan, the
Planning Commission .and City Council would have to find that the
'residential project would not be adversely impacted by
industrial uses, traffic or airport related noise.
Staff believes this option is necessary to provide for further
housing opportunities for employees of the industrial zone.
Professional Office Uses
The revised P-M ordinance contains a compre3ensive list of
office uses that should eliminate vagueness and uncertainty that now exists in the existing ordinance. These uses are the same
as were adopted by the Land Use Planning Office as an
administrative policy approximately one year ago. These uses were also reviewed by the Planning Commission at that time.
Overall, staff believes this ordinance is comprehensive and will ensure high quality industrial development in Carlsbad,
therefore, staff is recommending approval of ZCA-166.
111. Environmental Review
The Land Use Planning Manager has determined that this project
will not have a significant impact on the environment and
therefore, issued a Negative Declaration on April 20, 1983.
AT T AC HM E NT S
1) Planning Commission Resolution 2125
2) Exhibit "A", dated Clay 25, 1983
3) Environmental Documents
BH : bw 5/19/83
-3-
Huntington Beach Company
21 10 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2499
(714) 960-4351
JAMES M. HARTER
VICE PRESIDENT - OPERATIONS July 11, 1983
Mayor Mary Casler City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Dear Mayor Casler:
I would like to thank you and the other members of the City Council for
continuing the public hearing on the zone code amendment revising the P-M
(Planned Industrial) zone. The Huntington Beach Company has used the
additional time to review the proposed amendment and discussions have been
held with the City's Land Use Planning Manager. As a result of the review and discussions, three revisions to the proposed amendment are suggested.
Paragraph 2 1.34.060 (Page 7) requires all industrial subdivisions to file an
application for a Planned Industrial Permit, presumably along with the proposed subdivision map. This requirement should be made optional to the applicant, Le., industrial subdivisions "may" apply for the permit. It is impractical and unreasonable at the time of a major land subdivision to know the types of and
uses, building and landscaping configuration, and the combination of lots to be
sold to or built out for individual users. The Planned Industrial Permit is
intended to control (to a degree) the improvements built on subdivided lots, not the subdivision itself. The Subdivision Map Act of California and Title 20 of the Carlsbad Municipal Code control subdivisions.
Likewise, Paragraph 2 1.34.120 implies that a Planned Industrial Permit is required in order to receive approval of a final Subdivision Map. Again, it isn't
practical to know the users, configurations, etc. at the time of subdivision.
Also, the word "permit" is used twice in that paragraph but presumably they are different permits. The second "permit" should be clarified, Le., Planned Industrial Permit.
The phrase "Planned Industrial Development" is used throughout the
amendment. However, there is no clear definition of what that phrase includes.
From the intent of the ordinance, it apparently includes single buildings, industrial condominiums and planned unit developments, not major subdivisions.
It is suggested that this phrase be defined to eliminate any misunderstanding.
Page 2
The above suggestions have been discussed with the Land Use Planning Manager and it is believed that he concurs with them.
It would be appreciated if you would enter this letter into the public hearing record.
Very truly yours,
p2?&~
JMH/e
cc: Mr. Richard Chick
Mts. Ann J. Kulchin Mr. Claude A. Lewis Mr. Robert B. Prescott Mr. Mike Holzmiller
Carlsbad Jo
Decreed a Legal Newspaper by the Superior Cour-t of Son Diego County
3 138 ROOSEVELT ST 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit: NOTICE OF PUBLIC
HEARING ZCA-1BB
2M-4i82
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 600 P.=, on heday, June 21. 1883. to dnbnruer an ipplication for an amendment to the zoning ordi- nance reviaingthe P-Y(Planned1n- dustrial) zoning standards. Applicant City of Carlsbad CARLSBAD CITY COUNCIL CI WlBB. June 8,1883
r, .i,. P :* - 1'- .... .I-). .... 19 ."l<. ....................
................................. 19 ....
............................... 19 ....
.............................. 19.
................................. 19 ....
I certify under penalty of perjury that the foregoing is true
and correct. .. Executed at Carlsbad, County of San Diego, State of California on ~- --:L '.t day of p-L:L~~L~- .__~____~
~-
,- . \ __ , ?/LLLL i , '-/+[--'
' Clerk of the Printer
..tOTICE OF PUBLIC HEARING
ZCA-166
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, June 21, 1983, to consider an application for an amendment to the zoning ordinance revising the P-M (Planned Industrial) zoning standards.
APPLICANT: City of Carlsbad PUBLISH : June 8, 1983 CARLSBAD CITY COUNCIL
. - -.
NOTICE OF PUBLIC IfEAiiING
WICE IS kEI?ETTy GIVEPJ that the Planning CarrOnission
hold a public hearing at the City Council Charnhers,
of the City of CarlsFad will
1200 Elm Avenue, Carlsbad,
California, at 7:OO p.m. on Wdn&day, bhy 25, 1983, to consider approval
of XI amendment to the zoning ordinance revising the P-M (Planned Industrial) zoning standards.
mose persons wishins to speak on this proposal are cordially invited to attend
the public hearing.
Office at 438-5591.
If you have any questions please call the Land Use Planning
CASE FILE: ZCA-166
APPLICANT : City of Carlsbad
PUBLISH : khy 14, 1983