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HomeMy WebLinkAbout1976-04-28; Planning Commission; Resolution 1245t ,. \I w 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION F!O. 1245 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING LATIVE TO AN AMENDMENT TO TITLE 21 THAT PROVIDES FOR PLANNED UNIT DEVELOPMENT (PUD) IN ALL ZONES AS CHAPTER 21.45 OF THE CITY CODE. APPLICANT: CITY INITIATED FORTH ITS FINDINGS AND RECOMMENDATIONS RE- CASE NO.: ZCA-64 8 ment to create means to allow Planned Unit Development; and l1 tion to conduct a public hearing to consider a Zone Code Amen lo did adopt Resolution of Intention No. 109 declaring its inten 9 WHEREAS, the Planning Commission of the City of Carlsbad 12 WHEREAS, the Planning Commission did hold a duly noticed l3 ment; and l4 Public Hearing on April 28, 1976 to consider the subject amen I’ WHEREAS, the Planning Commission did find the following 18 proposed Zone Code Amendment; and l7 from those persons interested in and opposed to, if any, the l6 WHEREAS, the Planning Commission received all testimony 15 facts and reasons to be present which in their opinion are 2o necessary to carry out the general purpose of Title 21 of the 21 Municipal Code: 22 23 24 25 26 27 (1) This Amendment is consistent with the General Plan because it will provide flexibility in development standards necessary to carry out the goals of the General P1 an. (2) This Amendment will not have an adverse impact on the environment because of the flexibility of devel ment standards will promote unique development metk to insure retention of natural features. (3) This Amendment is desirable because: 28 7. 0 0 1 2 3 4 5 6 7 (a) A Planned Unit Development procedure will perm development of lots on property, that due to access, shape or difficult terrain, cannot be developed as permitted in zone classifications (b) A Planned Unit Development procedure will perm. property ownership options in all zones and fol all uses. (c) The development standards of the Planned Unit Development will provide for ownership protect and better insure ownership stability through increase quality development. 8 NOW, THEREFOP.E, BE IT RESOLVED by the Planning Commissior 9 of the City of Carlsbad that it does recommend approval to tht lo PASSED, APPROVED AND ADOPTED at a regular meeting of the 15 attached hereto. l4 City Council , and as per Exhi bit By dated April 9, 1976, and l3 City Code, as per Exhibit A, dated May 6 , 1976, Memorandum to l2 Unit Development Classification (PUD) as Chapter 21.45 of the 'I City Council of an amendment to Title 21, creating a Planned l6 following vote, to wit: '7 Carlsbad City Planning Commission held on April 28, 1976, by t 18 19 20 21 AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux Larson, and Watson. NOES: None ABSENT: None 22 23 24 ABSTAIN: None 2511 ATTEST: 26 27 DonaYd w A. fL Agatep, Secrefa-ry 28 I1 /I * .May 6, 197s'. ". .. . *El . . e.* * -. TO : ' CITY COUNCIL .. . FROM: PLANNING COMMISSION . .. .. .- " SUBJECT: SUGGESTED CHANGES TO .EXHIBIT B, DATED 4/28/76 ,. CASE.NO. ZCA 64, PLANNED UNIT DEVELOPMENT .. .. --At their public hearing. of April 28, 1976, the Planning commission recommended approva'l of ZCA 64, the Planned 1 Deve1,oprnent Ordinance.. I-n doing so the Planning Commiss adopted Exhibit B, dated April 28, 1976, but suggested t .. City Council that.certain portions be amended. These SL tions are as follows: - I. Amend Section 21.45:050 (4') by adding a requi.rement .e .. cross section plan of grading as follows: "(4) The aDDlication sha.11. be accornoanied by dr indicz5ins thz desfsi of the' DroDosed buildinas .- Iands-caDins -olans, buildinh elevations, and cr6 *section plans of pro-posed. gra'ding. . . ." . r: 2. Add to Section 21.45..@50 a-, requjrement on measures t . -mitigate adverse environmental: impacts as noted in t . Environmental Impact Repo'rt, as follows: .. b- .1'(8) If the project will cause adverse impact c -environment 'as not'ed in the .Environmental Impac . . .... abplication shall contain the measures proposed . .Report or Envir.onmerIta1 Impact Assessment, the .mitigate such impacts''. .. . . 3- . Add to Section 21.45.050. Requirement for topograph . map and grading-. c.ross-sections: . .- .._. .: - .. .. - ...4 (C) The application shall be accompanied by. a topog -map indica-ting present grade and .propused changes, a typical cross-sections 'of the' project suffic-ient to the proposed method of developing the site. .. .:Amend Section 21.45.080(b)(l) by.changing' "0 " t-6 ''a . as. follows: e. 1. l... is necessary ajd desirable ..-." .* 4 -a' 5 0 Amend .Sections 21.45.120 .(9),. (1.0) and (11) regardir - space land landscaping as follows:. .. ._ "(9)' Usable Open Space - Residential; (a) Common open space areas .designed.for recreatic use such as swimming pool, tennis cou,rt, golf. coursc chi.ldren'.s playground, picnic area, shall be provick all.residentia1 developments based on the density 01 . nrninp). ac fnllnwqr -. - . " .. .. I ', e 0. *- .I .. .. Amount of Usable . .Range of Dwell ing Units , ' ''Open Space Area ' Per 'Gross 'Acre' . ". ' .. 'Sq'ua'r'e Feet per D.U. 3 or less 600 I* 4 to 10 . 400. -.1 1 to 20. 200 . . 21 or greater * IO0 "Areas des'igncd for active recreational uses located on roofs of buildings or structures but not invo!ving privatc patios., yards, parking aceas or storage areas may satisfy the open space requirement. '"Cb) The City Council may require the preservation of scel natural features such as ro.ck outcroppings, creeks, woode areas, v'istas or other features deemed worthy of preserva tion. Credit fo.r the usa'b.1.e open space. requirement may b "(c) Commonly owned and rnai'ntained open space and 'recrea- tion areas shall be readily accessible to all dwelling yn .. . . given on an equal ra-t.io up to 50% of the req.uirement.". "(d) Provisions shall be mgdc t:, insure that all open- Spa areas will riot constitute a health, safety,. fire or drain age problem. "(10) Open Sp-ace.Required - Nonreside.ntia1 Developrr -. .Landscaped open space shall be provided at a minimum rati - of one square foot for. each ten square feet of gross bui1 floor area as measured at ground lev'el only. It is inten that this open space be landscaped and placed near each main building. It sh,all tie in addition to landscaping 're.quired by the u.nderlying zone. . .. .. *"(11) Landscaping Standards: Open areas. (not used f recreation areas, paving or private yards] shdll be land- scaped, .provided with. an underground watering system, an( maintained. The desig'n of the landscaped areas and plan- materials used shall be planned comprehensively for the f -site, and where landscaped areas are conlmonly owned, pro- visions shall be made for maintenance." In add;tion to these recommended changes the Planning Commis! reviewed in particular certain other -sections and reconlmends . no cha.nge. These sections are: .. . . .. .21.45.110 - Design Criterix. . .* . 21.45.120(3) - Coverage .. 21.45.120(13-) - Placement of Buildings. 21.45.120(18) - Building Construction .Requirenlents .' 21.45.120(14) - Streets . BP:cpl - _. - A \ A ril 28, 19- Bl: cpl - ...- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD MUNICIPAL CODE BY REVISING TION OF CHAPTER 21.45 TO ADOPT REGULATIONS FOR PLANNED UNIT DEVELOPMENTS. THE DEFINITION OF A LOT AND BY THE ADDI- The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21, Chapter 21 .04 of the Carlsbad Municipal Code is hereby amended by the amendment of Section 21.04.210 and the addition of Section 21.04.256 to read as follows: "21.04.210 Lot. ''lot" means a parcel of record, legally created by subdivision map, adjustment plat, certificate of compliance or a parcel in existence prior to incorporation of the lot into the jurisdiction of the City of Carlsbad. A lot shall have frontage that allows usable access on a dedicated public street or a public dedicated easement accepted by the City. This street or easement shall have a minimum width of 30 feet." "21 .04.256 Lot --Planned Unit Development (PUD). "PUD-lot" means a designated portion of or division of land, air space or combination thereof within the boundaries of a Planned Unit Development which does not meet the definition of lot. A PUD-lot may bc approved by the City Council as part of a Planned Unit Development permi A PUD-lot, if so approved, need not have frontage on a public street or otherwise comply with the requirements of the underlying zone or Title 2 SECTION 2: Title 21 of the Carlsbad Municipal Code is hereby amendec by the addition of Chapter 21.45 to read as follows: 0 0 "Chapter 21.45 PLANNED UNIT DEVELOPMENT Sections : 21.45.010 21.45.020 21.45.030 21.45.040 21.45.050 21.45.060 21.45.070 21 .45.080 21.45.090 21.45.100 21.45.110 21.45.120 21.45.130 21.45.160 21.45.170 21.45.180 21 .45.190 21.45.200 21.45.210 21.45.220 tntent and purpose. Definition, Planned unit development permit. Permitted uses. Application Planning Director's duties. Planning Commission duties. City Council action. Combined proceedings . Permit to show reservation for open space. Design criteria. Development standards. Failure to utilize planned unit development permit. Amendments. Final map. Final planned unit development plan. Certificate of occupancy. Maintenance. Failure to maintain. Restriction on reapplication for a planned residential development permit. 21.45.010 Intent and purpose. The intent and purpose of the planned unit development regulations are to: (1) Facilitate comprehensively planned development of areas in accordance with applicable general and specific plans; (2) Encourage imaginative and innovational planning of residential neighborhoods and commercial and indostrial areas bY-:-of- fering a wide variety of dwelling unitsand building types and site arrangements with well-integrated community facilities and services -2- 0 3) Relate the pro.iect to the surrounding area and the topography and other natural characteristics of the site; (4) Permit greater flexibility in design than is possiblc through strict application of conventional zoning and subdivision regulation; (5) Provide for conversion of existing developments to a planned unit development. 21.45.020 Definition. A planned unit development is a project improved in accordance with a comprehensively planned overa' development plan and is characterized by the following: (1) The regulations of the zone, regarding density or intensity of use, in which the planned unit devdlopment is located are applied to the total area of the planned unit development rathe> than separately to individual lots or building sites; (2) The right to use and enjoy any privately owned commo open areas and recreational facilities provided on the site of the planned unit development shall be coupled with the severalty intere of the owners of the dwelling units. Ownership may be of lots, PUD lots or condominiums or combination thereof. A planned unit development shall include the conversion o an existing development to a condominium or other multi-ownership project; (3) Imaginative planning and design is used to relate th development to the site and the surrou.nding area by the modificatio of the requirements of the underlying zone to accommodate the proje as approved. -3- 0 a 21.45.030 Planned unit development permit. The City Coun may permit by a planned unit development permit, a planned unit development in any zone or combination of zones subject to the re- quirements thereof except as they may be increased or decreased in accord with this chapter. 21.45.040 Permitted uses. Any principal use, accessory u transitional use or conditional use permitted in the underlying zon. is permitted in a planned unit development. 21.45.050 Application. Application for a permit for a planned unit development shall be made to the City Council through the Planning Department and Planning Commission in accordance with ' procedures set forth below: (1 ) Application for a planned unit development permit may be made by the record owner or owners of the property on which 1 development is proposed to be constructed. Application shall be fil with the Secretary of the Planning Commission upon forms provided by the Secretary and shall state fully the reasons a planned unit development is a proper method to develop the property and shall be accompanied by adequate plans and a legal description of the propert involved and an explanation and description of the proposed use. The Planning Commission may prescribe the form and content for such applications; (2) A fee of $50.00 plus $1.00 per unit shall be paid when application for a planned unit development permit is made; (3) The application shall be accompanied by a tentative map which shall be filed with the Secretary of the Planning Commission in accordance with procedures set forth in Chapter 20.12; -4- 0 (4) The application shall be accompanied by drawings indicating the design of the proposed buildings, landscape plans, and building elevation. Applications for PUD developments containi lot sales or future custom building programs, may exclude such drawings provided a text is submitted containing limitations and parameters of development criteria of those development standards listed in Section 21.45.120 and any other criteria that may be deemed necessary; (5) If the applicant contemplates the construction of a planned unit development inDhases. the aPPlication shall so state and shall include a ProDosed construction s'chedule: (6) If the project is to provide open areas and recreatic facilities to be used by the occupants of two or more dwelling unit' it shall be stated in the application and the application shall i,nc a plan, acceptable to the City, for the preservation and maintenanc of the common elements of the property, until said project is ter- minated by the City Council; (7) If the applicant proposes to convert existing buildi to a planned unit development, the plans shall reflect the existin buildings and show all proposed changes and additions. 21.45.060 Planning Director's duties. If the Planning Director determines that the application contains all of the items required by this chapter, he shall set the matter for a hearing on a practicable date. The public hearing shall be noticed and held . accordance with the provisions of Chapter 21.54. Notice of the tir and place and purpose of the hearing shall be given in the same manner as a change of zone. 21.45.070 Planning Commission duties. The Planning - 5- 0 a Commission shall hear and consider the application for a planned unit development permit and shall prepare a report and recommendatio for the City Council. The report shall include recommendations and findings on all of the matters set out in Section 21.45.080. A copy of the report shall be filed with the City Clerk and shall be mailed to the applicant. 21.45.080 City Council action. (a) When a report on a planned unit development is filed with the City Clerk, the Clerk shz set the matter for public hearing before the City council to be noticed and held in accordance with the provisions of Chapter 21.54 (b) The City Council shall hear the matter and after considering the Planning Commission’s report may, by resolution, gr a planned unit development permit if it finds from the evidence presented at the hearing that all of the following facts exist: (1) That the proposed use at the particular locatio is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or th community; (2) That such use will not be detrimental to the health, safety or general welfare of persons residing or working j the vicinity, or injurious to property or improvements in the vicil (3) That all design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met; (4) That the granting of this permi t wi 11 not adve affect and will be consistent with the general plan for the City o Carlsbad, applicable specific plan, and the adopted plan of any governmental agency; (c) In granting a planned unit development permit, the - 6- 0 0 City Council may make modification to the P.U.D. plan or impose such conditions as it deems necessary to protect the public health, safet and general welfare. Any development standards of the underlying zone in which the property is situated including, but not limited tc signs, fences, walls, maximum building height, minimum yards, maxi- mum building coverage and off-street parking may be increased or decreased or otherwise modified as necessary to accomplish the.pur- poses of this cahpter. Such modifications or conditions by the Cit: Cogncil are final and need not be referred to the Planning Commissic 21.45.090 Combined proceedings. All proceedings with re1 to a tentative map submitted with an application for a planned unit development permit shall be combined with the proceedings for the permit. An application for a planned unit development permit shall be deemed to be a consent by the applicant to a waiver of the time limits for City action on the tentative map contained in Chapter 20.12 and the Subdivision Map Act. 21.45.100 Permit to show reservation for open space. A planned unit development permit shall show land reserved as open space if such open space is to be provided for the common use of th occupants of the planned unit development. The City Council may require the ten.tative map, submitted with the application, to also show the open space as an easement. If common open spaces are re- served in accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the City of Carlsbac being granted an easement in a form acceptable to the City, limitir the future use of common open spaces and preserving them as open SF -7- 0 e 21 .45.110 Design criteria. The planned unit devel opmeni shall observe the following design criteria: (1) The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located; (2) The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the F shall be well integrated, oriented and related to the topographic and natural landscape features of the site; (3) The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjo ing properties. It shall not constitute a disruptive element to th neighborhood and community; (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 any common areas and facilities; (5) Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwel ling units and shall be well related to any common open spaces prov (6) Architectural harmony within the development and wit the neighborhood and community shall be obtained so far as practica -8- 0 21.45.120 'Development standards. In addition to the general provisions of this title and the requirements of the underl. zones, a planned unit development shall comply with the following standards: (1) Density. The number of dwelling units in a planned unit development shall not exceed the density permitted in the undel lying zone. The density regulations of the zone may be applied to the total area of the planned unit development rather than separate' to individual lots. When calculating density, the right-of-way of public streets or private streets or drives designated as streets, within the interior of the project, maiy be included in the total prc area. If the property involved is composed of land falling ink or more residential zones, the number of dwelling units permitted ir the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a planned unit development ti permitted number of dwelling units may be distributed without regar6 to the underlying zoning; (2) Yards. Special building setback or yard requirements may be established which are based on design and relation of buildir to each other and to topography. However, all structures shall be set back from the right-of-way of public or private streets at least lo', except parking structures entering straight-in at right angles from a public or private street shall maintain a minimum setback of 25' from the curb line or sidewalk line toward which it is directed. (3) Coverage. The permitted coverage shall be comparable with the intended use, the terrain, and the surrounding land uses as determined by the City Council upon approval of the planned unit - 9- 0 0 development. However, in no instance shall coverage exceed the COVE requirements of the zone; (4) Height. The permitted height of buildings and struc- tures shall meet the requirement of the zone, except greater height may be permitted if the City Council finds sufficient evidence that increased height will benefit the project, will be compatible to th surrounding development and area, and not unduly block the view of surrounding properties and scenic highways; (5) Parking. Nonresidential planned unit developments shall provide parking in accord with the requirements of the under- lying zone. Residential planned unit developments shall provide parki as follows: (a) Residential zone classifications with density requirements equal to or less than the R-1 zone shall have a minim] of two covered parking spaces (garage or carport) for each dwellin! unit. Residential zone classifications with density requirements greater than the R-1 zone shall have a minimum of one-and-one-half covered spaces (garage or carport) for each dwelling unit. The pa for each unit shall be located within 250 feet of such unit. (b) Visitor parking in addition to the requirements of subsection (a) shall be provided at a ratio of one space for every unit, which shall be so located as not to interfere with one-site circulation and to be conveniently accessible to the units they ar intended to serve. Credit may be given for on-street parking pro- vided the street is totally within the project and a parking lane provided. (6) Storage space. Storage space to accommodate stora of campers, trailers, boats, etc., shall be provided for planned -1 0- 0 developments containing five or more residential dwelling units. TI area provided for this storage space shall be at least equal to 40 square feet for each dwelling unit. Said storage space shll be scrl from view by a view-obscuring fence, wall or landscaping. The stor# space may be off-site provided the property to be used as storage i part of the application for the planned unit development permit and that no other development may occur on this property without an ame ment to such permit. Furthermore, the City Council must find evide that such off-site storage area is suitable and not detrimental to surrounding properties of such storage area; (7) Centralized refuse pickup areas may be required for residential development with five or more dwelling units and for no residential development if deemed to be necessary by the City Counc (8) Screening of parking area. Open parking areas conta ing five or more parking spaces shall be effectively screened from abutting residential-zoned property by permanent buildings or alley or by a 20-foot wide landscaped setback, or by a 6-foot high view- obscuring wall, fence or landscaped screen between the parking area and such abutting residential property. If such parking area is visible from a street, either public or private, it shall be screen from such street by a 36-inch high view-obscuring wall or fence that is at least 10 feet from the exterior property line. The exte rior yard wall is not required if the parking area is screened fron the street with landscaped area at least 20 feet in depth. Screeni shall not exceed 36 inches in height within areas corresponding to required exterior yard setback of any abutting residentially zoned or residentially developed property. -11- W W (9) Open space required - residential development. (a) Common open space areas designed for recreation use or scenic viewing shall be provided for all residential developments based on the density of the project as follows: Range of Dwelling Units Amount of Common Per Gross Acre Open Space Area Square Feet per D.U. 3 or less 1 , 000 4 to 10 400 11 to 20 200 21 or greater 100 Areas designed for active recreational uses located on roofs of buildings or structures but not involving private patios, yards, distance between buildings, parking areas or storage areas may satisfy the open space requirement. Recreation facilities shal be provided for each development where the natural terrain permits such use without undue grading. The relationship and amount of recreational areas to scenic view areas in meeting the open space requirement shall be determined by the City Council. (b) The City Council may require the preservation of scenic natural features such as rock aatcroppings, creeks, wooded areas, vistas or other features deemed worthy of preservation. (c) Commonly owned and maintained open space and recre- ation areas shall be readily accessible to all dwelling units. (d) Provisions shall be made to insure that all open spa areas will not consitutte a health, safety, fire or drainage proble (10) Open Space Required - Nonregidential Development. Landscaped open space shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area E -12- m m measured at ground level only. It is intended that this additio-nal landscaping be generally dispersed through the site, but where pos- sible, placed near each main building. Any such landscaping shall be in addition to those required by the underlying zone. (11) Landscaping required. Areas between an.d around buildings shall be landscaped, provided with an underground waterin system, and maintained. The design of the landscaped areas and pla materials used shall be planned comprehensively for the entire site and provisions shall be made for common ownership and maintenance; (12) Sians. In addition to sians allowed bv the underlyil zone, community identity signs identifying the entire planned unit development or major portions thereof, may be approved by the City Council as part of the planned unit development permit. The type, location, height and size of signs shall be determined by the City Council as a part of the permit and shall relate to the location anc design of the planned unit idevelopment; (13) Placement of buildings. (a) The distance between any building used for human habitation and any other building shall be not less than ten feet. (b) Distance between any uninhabited buildi'ngs or structures shall be not less than five feet. (c) The distance between wings or courts of a building shall be not less than ten feet. (d) Two or more individual building units may be attached or combined into a single structure in a planned unit development. (e) Special building setback requirements may be established for a planned unit development, based on design and relation of -1 3- 0 m buildings to each other and to surrounding areas. In addition to yard requirements, no building shall be closer than ten feet to the curb or edge or pavement of any private or public street. (14) Streets. Private streets may be permitted within a planned unit development provided their width and geometric design are related to the function, topography and needs of the developmen and their structural design, pavement and construction comply with requirements of the City's street improvement standards. The City Council shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pave- ment widths between curbs of private streets shall be not less thar the following: Type of Street No Parking Park One Side Park Both Sides Feet Feet Feet One-way 14 Two-way (Serving 24 8 DU's or less) Two-way (servi ng 24 more than 8 DUls) 21 28 30 28 32 36 Sanitary sewers and storm drains in private streets in planned unit developments shall be constructed to City standards. (15) Pedestrian walkways. (a) Sidewalks shall be pro- vided adjacent to all on-street parking areas and shall connect al' building entrances, recreational buildings and parking areas. Sidl walks shall be concrete with an unobstructed width of four feet. Alternate materials such as tile, brick or wood may be used as arc tectural features with City Council approval; (b) The City Council may require, and specify con- struction standards for hiking, equestrian and bicycle paths. -14- a (16) Lighting. Lighting adequate for pedestrian and vehicular safety and sufficient .to minimize security problems shall be provided; (17) Utilities. A11 distribution utilities of a planned unit development shall be placed underground. Individual dwelling unit television antennas shall not be permitted above the roof line of the residences in planned unit development where the density fac is greater than four dwelling units per acre. Master TW antennas are permitted provided the location and height of such antennas are approved as part of the PUD permit. (18) Building construction requirements. (a) Regardless of the type of construction require by codes, each attached individual unit, either land division or ai space, shall be constructed with one-hour fire resistive constructi for all separation walls, floors and ceilings of each occupancy; (b) A separate utility system is required for each occupancy or unit. (19) Planned Unit Development lots. Lots that do not me the requirements of Title 20, or the underlying zone, may be approv There are no size or configuration standards for such PUD-lots beyo those imposed as a part of the permit but they shall be reasonable as to intended use and relation to the project and the surrounding area; 21.45.130 Failure to utilize planned unit development 'permit. Any planned unit development permit granted by the City Council as herein provided shall be conditioned upon the privileges granted being utilized within eighteen months after the effective date thereof. Failure to utilize such permit within this eighteen- -15- 0 month period will automatically void the same, unless an extension ( time has been granted pursuant to Section 21.45.140. Construction must actually be commenced within the stated period and must be diligently prosecuted to completion. If the City should find that there has been no construction substantial in character performed under said permit, or that there has been a lapse of work for six months, they may revoke the permit. During the eighteen-month peril referred to herein, or during any extension thereof, the property covered by the planned unit development permit shall not be used fo any purpose or use other than that authorized by the permit. 21.45.140 Extension of time. The City Council may, by resolution, grant an extension of time for a planned unit developme permit in accord with the procedures of Section 20.12.170. 21.45.150 Cancellation of a planned unit development permit. A planned unit development permit may be cancelled at any time prior to the commencement of construction. ‘Cancellation may b initiated by the owner of the property covered by the permit by mea of a communication directed to the Planning Director in the office of the Planning Department. The permit shall become void 120 days after receipt of the communication in the office of the Planning Department. 21.45.160 Modification of PUD. Modification may be inil ated by the G,ity Council or by the property owner or authorized age (1) Requests for modifications Sball be submitted to thc Planning Department in written form and shall be accompanied by su( additional graphics, statements, or other information as may be re- ruired to support the proposed modification. The Planning Commiss. shall consider the proposed modification at its next regular meetil “1 6- 1) e (2) If the Planning Commission considers the modificatior minor in nature, the additional graphics, statement or other inform? tion is approved by Planning Commission Resolution and made part of the original City Council approval. (3) A minot?. modification shall not change the densities or the boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original PUD or the rearrangement of uses within the PUD, or change of greater than 10% of approved yards, coverage, height, open space and landscaping provided no changes shall be less than required by this chapter. If the modification is not minor of it the Planning Commission for any other reasons deems it necessary, a public hearing shall be held on the proposed modification. (4) If public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification (5) Fees of $50 plus $1.00 per unit is required for all property within the portion of the PUD to be modified. 21.45.170 Final map. Building permits for construction within the proposed planned unit development shall not be issued un a final subdivision map has been recorded for the project. A final map which deviates from the conditions imposed by the permit shall not be approved. However, a maximum of six model home units in a model home complex if approved as a part of the PUD plan may be constructed Drior to recordation of Final Map Provided that adequat provisions acceptable to the City guaranteeing removal of such comr if the Final Map is not recorded are made. -17- e 0 .. . 21'.4'5:180 Final planned unit development plan. (a) Building permits for construction within the propose( planned unit development shall not be issued until the applicant ha: filed and secured approval of a final planned unit development plan, (b) The final planned unit development plan shall be submitted to the Planning Director within eighteen months from date of approval of the tentative planned unit development permit or wit the period of any extension of said permit. The plan shall refl'ect all required revisions and refinements. The final planned unit dev opment plan shall include: (1) Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking are and storage area. Said plan shall include any off-site work necess for proper access, or for the proper operation of water, sewerage or drainage systems. (2) A final grading plan. (3) Final elevation plans. (4) A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation syste plans showing location, dimensions and types; and screening. (5) Plan for lighting of streets, driveways, parki areas, walks and recreation areas. (c) Where a planned unit development contains any land or improvements proposed to be held in common ownership, the applir shall submit a declaration of covenants, conditions and restrictio! with the final planned unit development plan. Such declaration shi set forth provisions for maintenance of all common areas, payment I -18- 0 W taxes and all other privileges and responsibilities of said common ownership and shall be reviewed by and subject to approval by the Planning Director and City Attorney. (d) A final planned unit development plan may be submittc for a portion of the development provided the City Council approved the construction phases as part of the permit and subdivision map approval. 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. (e) The Planning Director shall review the plan for con- formity to the requirements of this chapter and the planned unit development permit. If he finds the plan to be in substantial con- formance with all such requirements, he shall approve the plan. 21.45.190 Certificate of Occupancy. A certificate of occupancy shall not be issued for any structure in a planned unit development until all improvements required by the permit have been completed to the satisfaction of the City Engineer and the Director of Building and Housing. 21.45.200 Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities a other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the City shall bt made for the preservation and maintenance of all such improvements prior to the issuance of building permits. -19- 0 .. .. .. 2'1'.45.'210 Fai.l'u.re to maintain. (a) All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain shall be, and the same is hereby declared to be, unlawf 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 enjoinment of such public nuisance, the City Engineer may, after giving notice, cause the necessary work of maintenance or repair to be done, and the costs thereof shall be assessed against the owner or owners of the project. (c) The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property within the project, at the address shown on said assessment roll. Notice shall also be sent to any person know to the City Engineer to be responsible for the maintenance or repai of the common areas and facilities of the project under an indentur or agreement. The City Engineer shall also cause at 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 requi to be done and shall state that if said work is not commenced withi five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City of Carlsbad shall cause such work to be done, in which case the cost and expense of s -20- 0 e work, including incidental expenses incurred by the City, will be assessed against the property or against each separate lot and be- come a lien upon such property. (e) If upon the expiration of the five-day period pro- vided for in subsection (d) above, 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 b done. Upon completion of such work the City Engineer shall file a written report with the City Council setting forth the fact that th work has been completed and the cost thereof, together with a legal description of the property against which the cost is to be assesse The City Council shall thereupon fix a time and place for hearing protests 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 t manner provided in subsection (c) above of the hour and place that the City Council will pass upon said City Engineer's report and wil hear protests aaainst said assessments. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of pro- tests the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to con- firm, modify or reject the assessments. (9) A list of assessments as finally confirmed by the Ci Council shall be sent to the City Treasurer for collection. If any -21 - e 0 assessment is not paid within ten days after its confirmation by thl City Council, the City Clerk shall cause to be filed in the office of the County Recorder of the County of San Diego a notice of lien, substantially in the following form: NOTICE OF LIEN Pursuant to chapter 21.45,Title 21, of the Carlsbad Municipal Code (Ordinance No. ) , the City of Carlsbad did on the day of ¶ 19 , cause maintenance and report work to be done in the planned unit development project know as which was constructed under planned unit development permit No. , for the purpose of abating a public nuisance and enforcing compliance with the terms of said permit, and the Council of the City of Carlsbad did on the day of ¶ 19 , by its Resolution No. assess the cost or portion of the cost thereof upon the real property hereinafter des- cribed, and the same has not been paid nor any part thereof, and th City of Carlsbad does hereby claim a lien upon said real property until the said sum with interest thereon at the rate of six percent per annum 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 ¶ 19 City Clerk, City of Carlsbad - 22- 0 0 (h) From and after the date of the recordation of such notice of lien, the amount of the unpaid assessment shall be a lien the property against which the assessment is made, and such assess- ment shall bear interest at the rate of six percent per annum until paid in full. Said lien shall continue until the amount of the assessmenVand all interest thereon shall have been paid. The lien shall be subordinate to tax liens and all fixed special assessment $:tiems previously imposed upon the same property but shall have prio over all contractural liens and all fixed special assessment liens which may thereafter be created against the property. From and aft the date of recordation of such notice of lien, all persons shall b deemed to have notice of the contents thereof. "21.45.220 Restriction on reapplication for a planned residential development permit. No application for a planned unit development permit on the same property or essentially the same property, for which a permit has been denied by the City Council, shall be accepted within twelve months of such denial. This provis may be waived by the affirmative vote of a majority of the City Counci 1 . I' EFFECTIVE DATE: This ordinance shall be effective thirtj 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 Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 9 19 , and thereafter. - 2-3 - w 0 PASSED AND ADOPTED at a regular meeting of said Council held on the day of 3. 19 , by the followin vote, to wit: AYES : NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET C. ADAMS, City Clerk (SEAL) -24-