Carlsbad City Zoning Code
CHAPTER 21
36 P-U PUBLIC UTILITY ZONE
§ 21.36.010 Intent and purpose.
The intent and purpose of the P-U zone is to provide for certain public utility and related uses subject to a precise development plan procedure to:
A.
Insure compatibility of the development with the general plan and the surrounding developments;
B.
Insure that due regard is given to environmental factors;
C.
Provide for public improvements and other conditions of approval necessitated by the development.
(Ord. 9060 § 1390; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975)
§ 21.36.020 Permitted uses.
A.
In a P-U zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements.
B.
The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title. Approval of a conditional use permit is required for the generation and transmission of electrical energy and shall require a finding by the City Council that the use serves an extraordinary public purpose in addition to the other findings required for a conditional use found in Chapter 21.42.
C.
A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specified permitted uses.
D.
A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-U zone (even under a general use category) unless it is specifically listed in Table A of this chapter as permitted or conditionally permitted.
Table A Permitted Uses |
|---|
In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 1 below) |
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1 below) |
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title. |
2 = Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title. |
3 = Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title. |
"Acc" indicates use is permitted as an accessory use. |
Use | P | CUP | Acc |
|---|---|---|---|
Accessory uses and structures | X | ||
Agriculture (see note 2 below) | X | ||
Agriculture/aquaculture/flower stands (see note 3 below) (defined: Section 21.04.024) | X | ||
Airports | 3 | ||
Aquaculture (defined: Section 21.04.036) | 1 | ||
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10)) | 1 | ||
Biological habitat preserve (subject to Section 21.42.140(B)(30); defined: Section 21.04.048) | 2 | ||
Crop production | X | ||
Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources | X | ||
Fairgrounds | 3 | ||
Farmworker housing complex, small (subject to Section 21.10.125; defined: Section 21.04.148.4) | X | ||
Floriculture | X | ||
Generation and transmission of electrical energy | X | ||
Governmental maintenance and service facilities | X | ||
Greenhouses (2,000 square feet maximum) | X | ||
Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Hazardous waste facility (subject to Section 21.42.140(B)(75); defined: Section 21.04.167) | 3 | ||
Mobile buildings (subject to Section 21.42.140(B)(90); defined: Section 21.04.265) | 1 | ||
Nursery crop production | X | ||
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) | 1 | ||
Pasture and range land | X | ||
Petroleum products pipeline booster stations | X | ||
Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and agricultural water supplies | X | ||
Public utility district maintenance, storage and operating facilities | X | ||
Radio/television/microwave/broadcast station/tower | 2 | ||
Recreational facilities (public or private, passive or active) | X | ||
Recycling collection facilities, large (subject to Chapter 21.105; defined: Section 21.105.015) | 2 | ||
Recycling collection facilities, small (subject to Chapter 21.105; defined: Section 21.105.015) | 1 | ||
Recycling process/transfer facility | 2 | ||
Satellite television antennae (subject to Sections 21.53.130—21.53.150; defined: Section 21.04.302) | X | ||
Signs (subject to Chapter 21.41) | X | ||
Stadiums | 3 | ||
Transit passenger terminals (bus and train) | 2 | ||
Tree farms | X | ||
Truck farms | X | ||
Using and storage of fuel oils | X | ||
Wastewater treatment, disposal or reclamation facilities | X | ||
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) | 2 | ||
Wireless communication facilities (subject to Section 21.42.140(B)(165); defined: Section 21.04.379) | 1 / 2 |
Note: | |
|---|---|
1. | Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. |
2. | Only the following agricultural uses, and buildings accessory to such agricultural uses, under this use type are permitted in the P-U zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree farms, (F) Fallow lands. |
3. | Agriculture/aquaculture/flower stands. Provided that the floor area of the stand shall not exceed two hundred square feet, that the stand is located not nearer than twenty feet to any street or highway, and that the stand is only allowed accessory to an active agricultural or aquacultural use. |
(Ord. 9060 § 1391; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975; Ord. 9507 § 4, 1978; Ord. 9674 § 2, 1983; Ord. 9785 § 22, 1986; Ord. 9804 § 6, 1986; Ord. NS-791 § 26, 2006; Ord. CS-102 § LXXXI, 2010; Ord. CS-158 § I, 2011; Ord. CS-170 §§ 4, 5, 2012; Ord. CS-189 §§ XLI, XLII, 2012; Ord. CS-224 § XXXIII, 2013; Ord. CS-250 § 3, 2014; Ord. CS-253 § I, 2014; Ord. CS-474, 8/20/2024)
§ 21.36.030 Precise development plan.
No building permit or other entitlement for any use in the P-U zone shall be issued until a precise development plan has been approved for the property. The precise development plan may include provisions for any accessory use necessary to conduct any permitted use.
(Ord. 9060 § 1392; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975)
§ 21.36.040 Procedure.
An application for a precise development plan shall be made and processed in accord with the procedures for a zone change pursuant to Chapter 21.52 of this code, except that any council decision shall be final and need not be referred back to the Planning Commission.
(Ord. 9060 § 1393; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975; Ord. 9530 § 1, 1979)
§ 21.36.050 Conditions.
The City Council may impose such conditions on the applicant and the plan as are determined necessary and consistent with the provisions of this chapter, the general plan and any specific plans that include provisions for, but are not limited to, the following:
(1)
Setbacks, yards and open space;
(2)
Special height and bulk of building regulations;
(3)
Fences and walls;
(4)
Regulation of signs;
(5)
Landscaping;
(6)
Special grading restrictions;
(7)
Requiring street dedication and improvements (or posting of bonds);
(8)
Requiring public improvements either on or off the subject site that are needed to service the proposed development;
(9)
Time period within which the project or any phases of the project shall be completed;
(10)
Regulation of points of ingress and egress;
(11)
Parking;
(12)
Regulation of the type, quality, distribution and use of reclaimed water, or reclaimed wastewater.
(Ord. 9060 § 1394; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975; Ord. 9551 § 1, 1980)
§ 21.36.060 Minimum lot area.
The minimum required area of a lot in the P-U zone shall be not less than seven thousand five hundred square feet.
(Ord. 9060 § 1395; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975)
§ 21.36.070 Lot coverage.
All buildings and structures, including accessory buildings and structures, shall cover no more than fifty percent of the area of the lot.
(Ord. 9060 § 1396; Ord. 9268 § 1, 1971; Ord. 9441 § 1, 1975)
§ 21.36.080 Parking and loading areas.
No parking or loading area shall be located:
(1)
In a front, side or rear yard adjoining a street;
(2)
Within ten feet of an interior side or rear property line.
(Ord. 9441 § 1, 1975)
§ 21.36.090 Landscaping required.
Except for approved ways of ingress and egress and parking and loading areas, all required yards shall be:
(1)
Permanently landscaped with one or a combination of more than one of the following: lawn, shrubs, trees and flowers;
(2)
Served by a water irrigation system and supplied with bubblers and sprinklers.
No walls or fences over four feet in height may be constructed in any area where landscaping is required. |
(Ord. 9441 § 1, 1975)
§ 21.36.100 Final precise development plan.
After approval, the applicant shall submit a reproducible copy of the precise development plan which incorporates all requirements of the approval to the City Manager for signature. Prior to signing the final precise development plan, the City Manager shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed.
The final signed precise development plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property.
(Ord. 9441 § 1, 1975)