HomeMy WebLinkAbout1979-08-08; Planning Commission; Resolution 1540L ...
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PLANNING COMMISSION RESOLUTION NO. 1540
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDM.INT TO VARIOUS CHAPTERS OF THE COMDOMINIUM ORDINANCE.
CASE NO. : ZCA-109
APPLICANT: CITY OF CARLSBAD ..
f5 I! 7 WHEREAS, the condominium and condominium conversion stanc
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were adopted by the City Council in December, 1978, as Chaptel
21.47 of the Carlsbad Municipal Code; and
10 WHEREAS, a report was submitted to the City Council on ME
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amendment, Exhibit A, dated July 18, 1979, has been prepared E 14
WHEREAS, pursuant to City Council direction an ordinance 13
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20, 1979, regarding technical changes to the Condominium Ordin
condominium standards, and other affected regulations. 23
1. The changes as proposed are technical and have no signifi 22
Amendment, found the following facts and reasons to exist: 21
hearing and considering all factors relating to the Zone Code 20
arguments, if any, of all persons desiring to be heard, and upl 19
WHEREAS, the Planning Commission received all testimony a 18
public hearing on July 25, 1979 to consider said ZCA-109; and 17
WHEREAS, the Planning Commission did hold a duly noticed, 16
forwarded to the Planning Commission for hearing; and 15
impact on the intent and purpose of the condominium and
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2. That modifications as proposed are necessary to effective:
process condominium permits.
3. An Environmental Impact Assessment has been performed, anc a Negative Declaration issued for the proposed project ba! on the following justification:
a. The Zone Code Amendments are administrative and rela-
tively minor in nature.
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1 b, The amendments will serve to clarify procedures and
improve development standards as they relate to the 2 Condominium Ordinance.
3 C. Discretionary review, including environmental analy: is required and will take place on a project by pro: 4 basis.
5 WHEREAS, the Planning Commission, by the following vote,
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attached hereto: '7 approved ZCA-109, as per revised Exhibit A, dated August 7, 15
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AYES : L'Heureux, Rombotis, Schick, Marcus,
Jose, Larson
NOES : None
ABSENT: Wrench
13 NOWr THEREFORE, BE IT HEREBY RESOLVED that the above
l4 recikations are true and correct.
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18 ATTEST:
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
1 1 1 ss
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 8th day of August, 1979,
by the following roll call vote:
AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, L
NOES : None
ABSTAIN: Wrench
ABSENT : None
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P August qL9n
AHENDI".IENT TO CONDOP!INIUM PSGULATIONS
ZCA-109
Section 1
21.47.030 Condominium Perrnit Application.
(c) . The, application shall be accompanied by a tentative map
which shall be filed with the secretary of the Planning Comission in accordance with procedures set forth in Chapter 20.12.
Approval of both a subdivision nap and a condorniniam permit is required in order to proceed with development of a condominium.
If a subdivision map has previously been recorded on the lot
. . .permitting the use of the property for condoniEi?iT. deveiopnent,
a ten%ative map is not. required, provided tha-t kks proposed condo-
minium is consistegt with the previously filed -L;?tative map. How-
ever, a condoninium permit processed eccording to t2is chapzer is
reauired. -
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Section 2
21.47.050 Transnittal to the' planning comcission. The
planning director shall transmit the application fsr a condo-
minium permit, together with his recomaendation .thereon, to the planning conmission for public hearing when a11 necessary Teports
and processing have been coxqleted. When an application is rela-
trive to axother discretionary pernit, it nay bs coEsidered by the
planning comnission concurrent with their consideration of srzch
discretionary permit. ~ke-~~a~~~~~-~~reets~-s~~~~-~~~~~~-~~~ -
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ei~e~-tke-~~tte~-~.~-~~~~~-~e~e~-~~~3-~~~~~-~e-~~~~-~e~3~~~~~~~0~.
Eotice " of the public haring shall be given as provided in Section
21.54,360(13 of this Code,
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. Sec-tion 3
21.47,060 PlanniRg comission report. The planning cormis-
sion shall consider z>e application for condominiums and shall
DreDare a rezort and rzcomnendation for the city council. This LA. I + report and recormendaticn shall be forwarded to the City Clerk who
shall set the matter Z3r public hearins before the City Council.
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Section .4
21.47.130 l3evels;zen.t Standards
(1) Setbacks, S?=.ecF=il Srrildiq setbacks or yard requirement
from private streeel 9rfvzkz driveways .and open parking areas are
required as follcws: (A] Set back fr.27 the risht-cf-way. of a private street of a
least ten feet for %Sitable buil2ings ar.d five feet for all other
approximate right angles to the private street shall maintain a "_ structures is required. Parking strcctures with an entrance at
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minimum setback of twenty-five feet from a pedestrian walkway or
curbline if a walkway does not exist, except the last 30 covered
parking " spaces served directly from a private street that is closec
at one end need- only be set back 5 feet.
minimum setback of twenty-five feet from a pedestrian walkway or
curbline if a walkway does not exist, except the last 30 covered
parking " spaces served directly from a private street that is closec
at one end need- only be set back 5 feet.
A private street is a driveway with a length greater than three
hundred feet if closed at one end, or six hundred feet where acces:
is provided at both ends, and serving thirty or more covered pa.rk-
ing spaces, or serves the purpose of a public street as determined by the City Engineer.
(B) Building setbacks from driveways shall not be less than ten. feet except garages entered directly from th.e driveway nay
either be set back five to seven feet or greater than twenty feet.
Autornatic door openers and inside opening doors zay be required as a condition of approval if determined to be desirable to reduce
' traffic congestion azd maximize safety.
(C) Building setbacks from open parking arezs shall not be less than five feet.
Section 5 '
21.47.130 Development Standards
(2) Parking
. (a) No change.
(b) No change.
(c) Credit may be given for on-street parkFng for parking
spaces available on the public street directly in front azd on the same side of the street as the project. An on-street parking spa(
shall be at least twenty-four feet in length emd-~et for interior
spaces and tventy feet in length for spaces at the end of a parki~
TOW. Furthermore, no parking space shall extend into ar?y portion
of a driveway cpening.
Section 6
21.47.130 Development Standards.
(5) Refuse Area. Centralized refuse pickup areas shall be re-
quired for development with five or more units unless ccndominiaq
plans specifically.shcw provisions for individual pickup. Centra ized refuse pickup areas shall be constructed of three and one-fo
inch Portland cexent concrete floor, six inch high masonry walls
and n.eta1 framed solid gate, unless adtquate alternative material. are specifically approved as a part of the condominium pzrmit, T centralized refuse zrez shall be accessible to refuse trucks, and
not reaiiily visiblt fr~m a public street. The refuse area shall
be designed to accsmceate a three cxbic ya.rd container for every
ten living units, 3.ef:~nse areas in parking.structures shall be
permittez upon sptrific apTrova1 of the Public Works Adrninistrakc
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.F Section 7 "-
21.47.130 Develo'pment Standards.
(6) Storage Space. Separate storage space of at least four hundrt
eighty cubic feet in area snail be provided for each unit. This space shall be separately enclosed for each .unit, meet building
cede requirements, and be conveniently accessible to the outdoors.
The storage space may be designed as an enlargement of the require( covered parking structure provided it does not extend into the are;
of the required parkinr; stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit.
Section 8 -
21.47.130 Developnent Standards.
(X) No change.
(B) The minimum of any lineal dimension sf zny of the areas
. recreation may qualify prcxided the mir.inum of zzy lined dinen-
(8) Open Recreational Areas. No change.
shall be at Least ten feet; except balconies us23 ZDr open
slon is six feet.
(C) No change.
(D) No change.
(E) No change-
(F) No change.
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Section 9
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21.47.130 Develc2ment StaRdards.
(9) Landscaping, Fcr developments with five or more units a
Frelirninary landscape and irrigation plan shall be submitted with
the condominium applisation indicating plant type ard irrigation
design. Whenev5r possible, this plan shall include water con-
servation measures a~c2 low maintenance landscaping.
Section 10
21.47.130 Development Standards
(A) Separate qzs, and electric services shall be required
iI.1.) Utilities.
for ea'ch ufiit, excre3C zormon meters may be permitted if a finding
i-s made that there hzs unusual circumstances or orientation to
the USP of the u.~~itz 5-xh as short tern rentals, or association w.
a hotel that woul;' -,erxit cannon meters without adverse effects 01
the neture and use CT ~aie units as residential condominiums. pleta:
may either be at tnr z.zit or in easily located clusters.
units az-d units t-I.2~ S?-ZTP a comon xall (wall is not the cornbin- ationsof flc~r zze -_.~iiiagj - Meters mzy either be at the unit or
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(Bj Separate xz.=er service shall be required for detached
. .'rn easily Ir\cated cZ:zs-~er5,
(C> Ccrn,on wz%er semize is permitted for multi-storied
building, this psrmi2ta5 com~n meter is required for each main multi-storied imiL2irL5.
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(D) Condominiums where the units have separate water meters
shall also have a separate water meter for water servicing coimon
landscam and recreation areas ere-~eqt~ireG.
(Ej All distribution utilities shall be placed underground.
Section 11 Nodificatiori to the Planned Unit Development Requlatio
21.45.020 Definitiox. A "planned unit development" is a
project inproved in' accordance with a coxprehensive planned overal
developn?.ent pian, defined as. a planned developnent by Section 1100
of the BusiRess and Professions Code of the State of Califoraia .art
is characterized by the following:
sity of use in which the planned uni-t development is located are
applied to the total area of the planned unit developent rather
than separately to individual lots or building sites.
areas and recreational facilities provided on CIS site of the
planned unit development shall be coupled with seTzeralty interest,
or' the owners or' separately owned lots, parcels cr areas. &t~e%&l:
~~ieft-thefesf~--i2-~~~~~~~-~~~~-~~~~~e~~e~~-*~~~~~~~-~~e-~s~~~~~~~g~
a~-exEst~~~-~e~e~e~w~~~~-~e-~-~e~~~~~~~~~-~~-~~~~~-~-~~~~-~~~~~~~~~
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(1) The regulations of the zone regarding density or inten-
(2) The right to use and enjoy any privately owned cannon
w?-;$s- e~~e~ski~-~~y-Se-e~-~~~~~-~~~-~e=s-~~-~~~~~~.~~~~.~-~~-~e~: ..
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(3) Imaginative planning and design is us22 to relate the
development to the site and the surrounding arez by the Tdifica-
tian of the requiren.ents of the underlying zone to accorrmodate ti?
project as approved. -....
- Section 12 Modification to the P-C Zone Regulaticns.
21.38.150 Unde-rlloped areas of' existincj planned co~ntlnj-ties
UndexJelopsd porkions or' properties zoned 'I?-C on the effective dai -I_
of this chapter shall be regulated by this section as follows:
(1) Properties of less than one hundred acres shall Se con-
sidered lawfully no~conforming. The development of such propert:
shall require a planned unit development permit or a condoriniun
pernit " issued ~k*ek-4~~~1-be-aeee~~~~3~~~ in accordaxce with the
provisions of Chapter 21.45, G;_" Chapter 22.47, whichsver chapter
is applicable to thz development, If no master plan has been approved for the pr.z;erty, the land use shall be consistent with
the general plan. LI 5 master plan has been approved, the densi
and other provisions sf such plan shall be consistent with the
generzl plan. If a xiaster plan has been approved, the density a
other provisions of sxch plan shall ccnstitute the underlying zo for pur~oses of %.E z;lanned unit devzlopnent or condominiurn perm
(2) Propsrti-zs sf more than oae hsndred acres for which nc
master ~lan hzs keez azGroved " shall coxply fully with the proviz of this chapter,
approved master ~;ler,, shdl require either a planned unit develc
nent or ~ermits wnlcn sriai be accozplished in accordance wi-th tk
provisions of Chztpter ~1.45 or Chapcer 21-47, whichever chapter
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(3) ?r~pertiss .;f ~sre than oEe hundred acres, with an
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L applicable to the 2evelopze-t. The density and other provisioa:
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