HomeMy WebLinkAbout1981-08-26; Planning Commission; Resolution 1861' 41 a *
1 PLANNING COMMISSION RESOLUTION NO. 1861
2
3
4
5
6
7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF MISCELLANEOUS AMENDMENTS TO THE ZONING ORDINANCE SUBDIVISION ORDINANCE, ENVIRONMENTAL PROTECTION ORDINANCE AND CITY COUNCIL POLICY NO. 20 IN ORDER TO ALLOW THE PLANNING COMMISSION TO HAVE FINAL APPROVAL AUTHORITY IN CERTAIN MATTERS AND TO MAKE TI ORDINANCES CONSISTENT WITH THE STATE SUBDIVISION MA:
ACT AND OTHER RECENT LEGISLATION APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-137
a WHEREAS, the Planning Commission did on the 26th day of
9 August, 1981, hold a duly noticed public hearing as prescribe(
10 law to consider said request; and
11 WHEREAS, at said public hearing, upon hearing and considel
12
16
Protection Ordinance and City Council Policy. 15
amendments to the Zone Code, Subdivision Ordinance, Environmer 14
be heard, said Commission considered all factors relating to t 13
all testimony and arguments, if any, of all persons desiring t
1 (B) That based on the evidence presented at the public hearing 19
(A) That the foregoing recitations are true and correct. 18
sion as follows: 17
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comn
the Commission recommends APPROVAL of ZCA-137, according t
attached hereto and made a part thereof, based on the foll
20
ing findings: 21
Exhibit IIAII, IIBII, IICII, IlDIl and llE1* , dated August 26, 1981,
22
1) That the amendments will implement City Council direction 23
Findings
provide the Planning Commission with more final decision- 24 making authority on certain matters.
25 2) That the amendments are necessary to make certain sections
26 Act.
the Code consistent with recent changes to the State Map
27 jl ///
28
I
,* II
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
~
0 a
l 3) That this project will not cause any significant environmt
tal impacts and a Declaration of Negative Environmental IT
pact has been issued by the Planning Director on August 6
1981 and approved by the Planning Commission on August 26
1981.
PASSED, APPROVED AND ADOPTED at a regular meeting of the ~
Planning Commission of the City of Carlsbad, California, held
~ , the 26th day of August, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt, and L'He
NOES : None
ABSENT: Schlehuber
ABSTAIN : None
PLANNING COMMISSIOI
2
2
2
2
LSBAD PLANN
24'i PC RES0 1861
25
26
27
28
-2-
I l e EXHIBIT "A" e AUGUST 26, 19:
1
2
3
4
5
6
I
ORDIMANCE .NO o -
AN ORDINANCE OF THE CITY couNcrL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 211 CHAPTER
21.45 AND 21.47 OF THE CARLSBAD MUNICIPAL CODE BY
THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE
CITY'S PLANNED UNIT DEVELOPMENT AEaD CONDOMINIUM
PERMIT PROCEDURES IN ORDER TO ALLOW THE PLANNING COMMISSION TO FINALLY APPRQVE CERTAIN PLANNED UNIT
DEVELOPMENTS-AND-CONDOMINIUMS,. - - ' - - -. . - ~ '. .'. . 1 I '
7 The City Council of the city of Carlabad, Californi: ..
8 does ordain as follows:
9 SECTION I: That Title 27, Chapter 21-4.5 is amended
18
counci%" in the first sentence thereof, l2
commission when authorized by this chaptern before the wards 5%
amendment ~f Section 21.45~030 to add the words '~p~anning
13 SECTPOW 2: That Title 21, Chapter 21-45 of the Carl
l4
"21 i45~058. .Application, Application for a permit f le
to aread as fo~llows: 15
Plunicipal Code is amended by the amendment of Sections 27-45,
planned unit development shalme made in accordance with the 17 procedures set forth in this section:
may be made by the record owner or owners of the property affi 18 (4 1 An application for a planmed unit development pi
development is a proper method to develop the property and sh, 2* him, The application shall state fully the reasons a planned
1 shall be filed with the Planning Director upon forms provided l9 or the authorized agent of the owner or owners, The applica
shall pay a processing fee in an amount as specified by City (2) At the time of filing the application the applic
Director; 22
and all other materials and information specified by the Planr 'X accompanied by adequate plans, a legal. description of the pro;
23 Council resolution;
recreational facilities to be used by the occupants of two or 2i' (5) If the project is to provide open space areas ar
and shall include a proposed construction schedule; 26 planned unit development in phases, the application shall so s (4) If the applicant contemplates the construction c 25 with procedures set forth in Chapter 20.12 of this code; map which shall be filed with the Planning Director in accordz 24 (3) The application shall be accompanied by a tentai
dwelling units, it shall be stated in the application,and the 28 application shall include a plan, acceptable to the city, for
preservation and maintenance of the common areas of the proper
11 0 e
I
(6) If the a2plieant proposes to convert existing
3, buildings to a planned unit development, the plans shall ref
additions, 2 the existing bui3dings and show all proposed changes and
3 SECTION 3: That Title 29, Chapter 24.45 is amended
4 the amendment of Section 21.45,Q76 ts read as follows:
5
6
7
9
10
240$5h070--Planning-~o~~s~~~~-~~~ion~ The PSannirac Commission sharhol-earin9 on all planned unit
development permits, For all. planned unit development permil 50 or fewer units QK lots, the planning commission shall appl
conditionally approve or disapprove %he permit, FOP all gla
Unit d€?V€?POpment p@rKIitS With ~%Ore khan 58 units or lots, thc planning commission shall prepare a report and recomendatisr the city council. The report shall include findings and
recamendations on the matters set out in this chapter and st
be forwarded to the City Clerk who sha3.P set &he matter for g hearing before the city caunei%,
If
amendment of section 21,4%,080 to read as fo~~esws: 12
SECTION 42 That Title 21 6 Chapter 2% ,45 is amended
13 21 ,~5~080 - -City- Council - Action, The city council. SET hold a pumxc hearing on a planned unit development permit fc l4 which the Planning Commission has filed a report with the Cit Clerk, At the public hearing, the city counci% shall review
approveQ conditionally approve or disapprove the permit.,
15
3.7
16
planning @omission9 s reportp shall consider the matter and s
18
SECTION 5: That Title 21, Chapter 21,45 is amended
the addition sf Section 21,45,081 to read as fol.%ows:
3.9
20
21
22
I I 21 ;45;08'i. -Public-Kearings, Whenever a public hear:, required by this chapter notice of' the hearing shall be given
provided in Chapters 24.52 and 21,54 of this eode., When the hearing on a planned unit development permit is consolidated
the hearing on a tentative map under the provisions of Sectio: 24,45.090 nstiee shall satisfy the requirements of both this chapter and Title 20 of this code,
23 II SECTION 6: That Title 24, Chapter 24,45 is amended 1
24
25
26
27
28
addition of Section 21,45,082 to read as follows:
24 ;45:O82- -Required-Findings.
(a) The planning conun"ission or city council shall appro1 conditionally approve a planned unit development permit only j finds that all of the following facts exist:
necessary and desirable to provide a service or facility whicf. will contribute to the general well-being of the neighborhood the community,
(1) The proposed use at the particular location is
ll Ob2
0 0
9
2
3
4
5
6
'1
a
9
fO
13.
3.2
(2) Suck use will not be detrimental to the health, safety or general welfare of persons residing or working in t vicinity, or injurious to property or improvements in the
vicinity,
(3) AP.1 design criteria set forth in Section %f,45. and all minimum development standards set forth in Seetion
21.4W2O will be met,
affect and will be consistent with the general plan for the 6r
applicable specific plans, and the adopted plans of any governmental agency.
planning commission or city council may modify to the plan or
impose such conditions as it deems necessary to protect the p health, safety and lgemxal welfare, Any development standard
the ~andl@rPyi~~g zone in which the property is situated includi but not limited to, signs, fences, wallsB maximum building he
minimum yards, maximum building coverage and off- street park
may be increased or decreased or otherwise modified as necess
(4) The granting sf this permit will not adversely
(b) In granting a planned unit development permit, the
1 accomplish the ptPrposes of this chapter, 1 SECTION 7: That Title 21, Chapter %1,45 is amended
r 1 addition. of Section 21~45,083 to read as fQllOwS:
13
14
15
36
3.7
18
3-9
20
21
22
23
24
25
26
27
28
24;45e083--~ppeal-of-Planning.Conlmissis~.~~~i~~o~1~ (a) The applicant, any resident of the subject property the case of a proposed conversion of residential real propert: a planned unit development project, or any other interested person may appeal, from any action of the planning co~~ission
respect to a planned unit development permit, to the cfty cou Any sueh appeal shall be filed with the City C2' within fifteen days after the action of the planning eomissi,
from which the appeal is being taken, Upon the filing of an appeal, the City Clerk shi
set the matter for public hearing, Such hearing shall be hePc
within thirty days after the date of filing the appeal, .With: ten days following the conclusion of the hearing, the city COI shall render its decision on the appeal. The decision of the council is final.
[b) The decision of the city council shall be eornsistenl with the provisions of this chapter and shall be supported by
appropriate findings. (c) If the city council fails to act on an appeal withir time limits specified in this section, the appeal shall be de6
denied,
SECTION 8: That Title 21, Chapter 21-45 of the Carl$
Municipal Code is amended by the amendment of Sections 21.45,'
21.45.120, 21,45.130, and 21,45,160 to insert the words "plann
commission or" before the words "city council" whenever they
appear in those sections.
It -3
I a e
SECTION 9: That Title 2Ip Chapter 29-45 sf the Car:
~unieipal Code is amended by the amendment of Section 21-45.'
1
2
a 11 insert the words "or planning eomissisn for planned unit
4 11 development permits which it is authorized by this chapter tc
5
6
7
8
9 condominium permit shall be made in accordance with the proce
approve or conditionally approvem after the words "city CQUEIC
SECTION 10: That Title 21, Chapter 23-47 is amewdec
the amendment of Section 21,47,03Q(a) to read as follows:
21,47,030- .Condsmiwiurn-~enwi~-w Iications.
ea1 all condominiums to be developed in the city, Application for a
set forth in this chapter, 10
9L /I SECTION ill: That Title 23, Chapter 22,47 is amended
12 the amendment of Section 23,47,060 to read as follows:
21 047;060 ~ -Planning -Commission. Action, The planning 13 comissi ndominium per For all condominium permits with 50 units or lessp the planni l4 commission shall approvep conditionally approve or disapprove permit., Such determination shall be made in accord with this Is codec the general plan and any applicable master or specific plans, For'all condominium permits with more than 50 units, '6 planning commission shall prepare a report and recommendation
the city council, This report and recommendation shall be ''%
hearing before the city council, forwarded to the City Clerk who shall. set the matter for pub1
l8 I
19 Ii SECTION 12: That Title 21, Chapter 24,47 is amended
2o 11 the amendment of Seetion 21047,070 to read as Eollows:
21
22
23
24
24 047 ;07G'- City- Council. Action. The city council sh
hold a public hearing on a condominium permit for which the planning commission has filed a report with the City Clerk, i public hearing, the city council shall review the planning commissionGs reportB shall consider the evidence and shall ap] conditionally approve or disapprove the permit, Such determil shall be made in accord with this code, the general plan and G
applicable master or specific plans,
25
the addition of Section 21,47,075 to read as follows: 26
' SECTION 13: That Title 21, Chapter 21.47 is amended
27 ////
28 //// I/ I1 e4
0 e
1
2
3
4
5
6
7
8
9
3.0
11
~
21,47.075 Appeal of Planning Commission Decision, (a) The applicant I any tenant sf the subject property, the case of a proposed conversion of residential real proper1 a condominium, or any other interested person may appeal, frc action of the planning commission with respect to a condomini permit, to the city council,
Any such appeal shall be filed with the City Clerk 1 fifteen days after the action of %he planning comm-ission fror
which the appeal is being taken, Upon the filing of an appeal, the City Clerk shall E the matter for public hearing, Such hearing shall. be held wi thirty days after the date of filing the appeal, Within ten
following the conclusion of the hearing, the city council shz render its decision on the appeal, The decision of the city council is final,
with the provisions of this code and shall be supported by
(ba) The decision of the city council shall be consfsten
j appropriate findings o (c) If the city council fails to act on an appeal withi time Limits specified in this section, the appeal shall be de denied,
32 SECTION 14: That Title 2Ie Chapter 21,470f the Carl
13
14
Municipal Code is amended by the amendment sf Sections 21.47.
EFFECTIVE DATE: This ordinance shall be effective tl 3.7
sections, 16
before the words wcity council" whenever they appear in those 15
and Section 21.47,160 to insert the words "planning commissio
18
19
days after its adoption, and the City Clerk shall certify to ..
adopt ion c 21
once in the Carlsbad Journal within fifteen days after its 20
adoption of this ordinance and cause it to be published at le:
22 INTRODUCED AND FIRST READ at a regular meeting of the
23 Carlsbad City Council held on the . .'. ' .. '. day of . ..... . I -' /I -
24 11 1981 p and thereafter
25 ///I I/ 26
///I 27
//I/
///I 28
e5
, ,.~.l** ._.. ^.,.~,"". ,... ...-. .-u .-.""- .- -
i
1
2
3
4
5
6
7
8
9
a0
3.3.
22
13
3.4
a5
X6
1'9
18
19
28
21
22
23
24
25
26
27
28
I :
~ I
e e
PASSED, AND ADOPTED at a regular meeting sf said city (
p 4 981 p by the f~: held QR the . . - - . . day Qf -
vote, to wit:
_____g._
AYES:
I I NOES :
I
ABSENT: 1 I
ATTEST:
..
._"_ ._--....- ...
RONALD C, PACKARD, MayC
"-_-.."._...._..__. .--..---....
-ALETHP, I;, MUTENKRAMZ, city C~ETI?
( SEAL)
,6
ll e AUGUST 26, 198:
EXHIBIT "R"
,.
\I
h
2
3
4
5
6
ORDINANCE NO, -
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF
THE CARLSBAB MUNICIPAL CODE BY THE .Z&ENDMENT
OF VARIOUS CHAPTERS AND SECTIONS TO REVISE TEE
CITY'S SUBDIVISION PROCEDURES CONSISTENT WTTR
THE SUBDIVISION MAP ACT, -
he City Counci1 of the City of Cax'PSbad, Cabifornia
7 does Ordain as fOlk3WS:
8 SECTTON 1: That Title 20, Chapter 20..04, Section
9 20 .O4,O2Q of the Carlsbad NunicipaS. Cadc Ps amerBed by the
10 amendment of Subseetion (SS)(A) and. the add.itim aE Sub.sectio~
I1 I/ (SS)(F) to- read as follows:
12 n 2 Y g 13 &% g
drr. us 14
eg >,Q z $a
mG*z 15 ~i. ?a
$%8& 16
-0
OQ3z
ruu
"ucs zo y >$ a 3.7
>. s 5 3.8
a9 I 20
21
' 22
23
24
25
)k (a) The financing or leasing of apartments, office: stores or similar space withir, a duplex, multiple dwelling-,
apartment building, industrial buildingI conlmereiaL building, mobilehome park or trailer park, The f~nincing or leasing o€ parcel of land, or any portion thereof, in conjunctian with tE
construction of commercial OF industrial. buildings on a singlc parcel, unless the financing or leasing is not subject to xevj under this title or arny other title of the Carlsbad Municipal
Code regulating design and improvement, The financing or leas
of existing separate commercial 0%: irtdlrakria.P buildings. OR a
single pareel,
(F) Any separate assessment unc'er Section 2188-7 of the Revenue and Taxation Codec''
SECTION 2: That Title 20 F Ch.apter 20.04, Section
20,04,040 of the Carasbad Municipal Cod@ is amended by the
amendment of Subsection (b)(l) to add the foIlowing words
immediately after the word "park'! in that section:
"or to any pareel of %and or portion thereof in conjunction with the construction of corrmercial. or industrial ' buildings unless the project is not subject to review under otl provisions of this eode, or to exitin,g separate commercial. or industrial buildings on a single parcel,rF
26 /I SECTION 3: That Title 20, Chapter 20.03, of the "/j CarPsbad Municipal Code is amended by the amendment of Section
2a 20,04.050(b) to replace the word "substitution" with the word
t , e e
X
' "subdivision" in the second sentence thereof.
2 SECTION 4: That Title 20 f Cfiapt-er 20-04 of the
3 ' CarPsbad Municipal eode is amended by the amendment of ~ectio
pursuant to this title or any pxedec.essor, or which are
5
20,04.055(b) to read as follows:
7
buildable Pots as defined by Section 24.46,210 sf the zoning 6
ordinance of the city and which merged pursuant to the Subdiivision Map Act and have not been deemed merged pursuant this seetian OF any of its predecessors, are exempted from th ' merger provisions of this sectisn and such Pots shall be deem( unmerged and separate parcels as provided in Section 9 66424,2(b) .w
w (b) Any lots created prior to January 4 r 1979,
10 SECTXON 5: That Title 20, Clmpter 20-04 oE the Ca,rlsi
I1 Rupnicipal Code is amended by the arrrendnrertt: of Section
I2 9 2S,04,080(@) to add the words "or p1anrrir-q commission'' after t
$03 KZ 8 ;: UIP oo=z z *.-5 2 I! &u-
u: * $8
"UPS zp y
-I
%$8ci
>k a QQ.
%0 k 0
13
14
15
16
3.7
18
19
20
words "city coumci%" in the first sentence of the second
paragraph thereof,
SECTION 6: That Title 20, Chapter 20.08 of the Carls
~unicipal code is amended by %he ad.d.ikim af section 20,UE,Ql5
read as follows:
eGTentative map appeal fee, A tentative map appeal €e
in an amount established by city' councilL resolution shall. be
paid at the time an appeal. is filed with city clerk,"
SECTION 7: That Title 20, Chapter 20-08 of the
21
23
20.08.845 to read as follows: 22
CarPsbad Municipal Code is amended by the addition of Section
"20,08,045 Notice fees, The subdivider shall pay a j to cover the cost incurred by the City in giving any notice or 24 providing any report required by this title or the Subdivision
25 Map Ae t I'
26
27
SECTION 8: That Title 20, Chapter 20.12 of the Carlst
Municipal Code is amended by the addition of Section 20,12,065
28 li read as follows:
2.
e 0
1
2
3
4
5,
"20.12.0'65 Proof of notice"major s.ubdivisions,
whenever the subdivider is required by this title or the
Subdivision Map Act to give any notice or provide any report information to any person other than the city, the subdivider shall submit proof p sufficient to allow the planning comissi
OF the city council to find that the.&tice has been given 01 the reports or information provided, Such proof may include
declarations under penalty af perjury,"
6 SECTION 9: That Title 20 p @ha.pter 20,1'2, Section
7
9
amendment of Subsection (c) to read as follows: 8
28 e 12,070 af the CarPsbad Municipal Coae is amende6 by. the
"(e) The PPanningg Director SE.Iabl1 prepare a staff re to the pianniwg conmission containing recommendations ~e~~irrd~i
lo
three days prior to any hearing or action on such map by the community apartment profeet or stack ~~oper~t~ive project at 1 l2
conversion sf' residential real property to a condominium proj
tenant of- the subject property in the case of a. propsed 11.
recornendations shall b? furnished to the subdivider a.nd to e the tentative .mapo A copy of the staff report and
Q a
m v) 0 13 planning commission, A us 8
;:us 14
earlsbad Municipal Code is amended by the amendment of Sectis: z gg >.:% 4s 0 15
SECTION 10: That Title 20, Chapter 20-12 of the
C3Q?$
u:. ?,a A
"ZSd 16 EZQNS zg y 3-7 %0,22,09'8, 20,'82,092, and 21,12,093 ka read as fol3iowsr
> s b 1% 6) csmissisn is authorized and directed to carry out: the follow:
uo 28,'62,080 and 20.1%,690 and by the addition of Sections
>k; a
BI 20 B I2 e 080 Planning Commission duties .. The planninc
19 actions:
the conclusion of the hearing on the map: for each subdivision on the tentative maps file6 with. it and E 21
(2) Investigate the design and improvements propsec interested person may appear at the hearing and shad1 be hearc 20
( 1 ) old a public hearing on all. tentative maps, PJ
(B) FOP subdivisions of more than fif-ty lots or 23
the map for subdivisions of fifty OF fewer lots or units, or
(A) Approve, conditional1.y approve or a'isapprot 22
provisions of this title, of the kind, nature and extent of an 28
tentative map shall include a description, pursuant to the
resolution, ' my decision to approve or conditionally approve 27
Subdivision Nap Act and shall announce its decision by 26 take such action within the time limit speci.fied in the
conditionally approves or disapproves a tentative map, it shaL 25
improvements to the city council, subdivision and the kind, nature and extent of the graposed 24
units, make a report with respect to the design of the
(3) Whenever the planning commission approves c
3,
0 0
b
2
3
4
5
6
7
8
9
310
11
3.2
I3 8 13 2 n
k2 0) ;:us 14 aozg :e& 15
u"zz?mQ
Z? y
aa
z >.w 0
u:, Sa
'5z8~i 16
0-1
wu
>k- a 17
bo
improvements required to be constructed or installed in or tx serve the subdivision, Any decision to disapprove a tentatiy
map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or perforn
If the planning commission fails to act within the required t limit, the tentative map as filed shall be deemed approved, insofar as it complies with all applicable requirements of
Titles 13, 26, 21 or other parts ~f this code,
tentative maps the comissiom shall make its report within th time limits specified in the Subdivision Map, Act, The report
shall include findings and recommendations on the findings
required by the Subdivision Map Act;,
(5) Whenever the planning ca~missisn approves or conditionally approves or P~CQIIELI~~~S approval or conditional
approval of a tentative map, it shall also establish or recommend, pursuant to the provisions of this title, the kind nsture and extent of the improvements to be constructed or installed in or to serve the subdivision for which. such. tentative map is filed; provided p however,. where the planning
commission does not prescribe the kind, nature or extent of t improvements to be constructed or installed, improvements sha
be constructed and installed in accordance with the city
standards,
conditionally approves a tentative map providing for supplemental size of improvements I the establishment of benef:
districts, the execution of reimbursement agreements or the setting sf fees under any of the provisions of Sections
20,08.130 or 20,68,140; Chapter 20-09; or Sections 20,16..041,
20 o 16,042 or 20 D 16.043, the map shall. be Eorwarded to the cit; council which shall hold a public hearing an the issue of the
improvements a
(4) Whenever the planning carmission reports on a
(6) Whenever the planning commission approves or
tz 0 l8 I 20,12.090 City council action. (a) when a report c
19 I a tentative map is filed with the city -clerk, the clerk is
the matter for public hearing on the agenda of the first counc 20
directed, unless otherwise directed by the city council, to SE
considered the map if the planning commission has not adopted 22
meeting within thirty days after the planning commission reporting on the map, OK on the agenda of the first council 21
meeting after the planning commission adopts its resolution
description, pursuant to the provisions of this title, of the 28
conditionally approve a tentative map shall include a decision by resolution. Any decision to approve or 27
by the Subdivision Map Act. The city council shall announce i
disapprove the tentative map within the time limits prescribed 26
the matter and shall approve, conditionally approve or cornmissionPs report on a proposed tentative map, shall conside 25
hearing and shall be heard. 24
the tentative map. Any interested person may appear at suck (b) The city council shall. hold a public hearing- on 23
its resolution within that time,
(c) The city council shall review the planning
4.
e 9
a
2
3
4
5
kind, nature and extent of any i-rnprovements required to be constructed or installed in or bo serve the su,bdivisian, Ar decision to disapprove a tentative map shall be accompanied
finding, identifying the requirements or conditions which he not been met or performed, If the city coun~il. fails to act within the required time limit, the recommendations of the planning commission regarding tbse tentative map shall be dee
to be the decision of the city council in regard thereto,
I/ 26.12.091 Required findings, (a) The planning
6 commission or city council shall not approve or conditionall approve a tentative map unless they €in2 that the proposed
g subdivision, together with the provisions for its design and improvement, is consistent with the general. plan, any applic
8 specific plans, and any applicable, provisions of Title 21 of this code and that all approvals and permits required by Tit
9 21 for the project have been given or issued, kppraval. or conditional approval of a map may be given. concurrently with
po approval or permit required by Title 21, (b] The planning commissi~n and city couxrcil shall
11 approve or conditionally approve a tentative map if they nak
any of the following findings:
3.2 applicable general and specifics plans, and with applicable D (4 1 That the proposed map is not consistent w
y g p3 provisions of Title 29; I$
€22 8 (2) That the design. ax j-mprovernent of the z: w 5 14 prop~sed subdivision is not consistent with appkica,ble gert@xi
gQ.2; (3) That the site is not physically suitable : g..+ 3.5
and specific plansp and with applicable provisions of Title
u:. za do the type of development;
sgd 16 (4) That the site is not physically suita.hPe :
“U22 the proposed density of developzent; zg 2
0
>I- a 3.7 (5) That the design o€ the subc3kvision ar the
> “2 proposed improvements are likely to cause substantial
k 18 //B u
191 /// I
2011 /I/
21 /// ll
22 /// /I
23 81% I1 24 /I/ I/
25 B// Ii
2611 ///
27 /// /I
2811 ///
5.
l e e
1
2
3
4
5
6
7
8
9
10
I1
12 n
Y g 13 s
&% 8
&5 94 ooS$
E>..$O zp?" 15 u: I?<
gEr2 zp y
5 t 0 3.8
uo gZ8d 16
>% a 3.7
3.9 1
environmental damage or substantially and avoidably injure f or wildlife or their habitat;
. (6) That the design sf the subdivision or the type of improvements are likely to cause serious public heal
problems; .. . (7) That the design sf the subdivision or the
type of improvements will conflict with. easements of record (
easements established by court judgment, acquired by the pub at largep for access through or use of property within the
proposed subdivision, In this connection, the city caunciL :
approve a map if they find that alternate easements for acce or €or use will be provided and that these will be substantii equivalent to ones previously acquired by the public;
Environmental Quality Act have not been met;
perform any of the requirements or conditions of this title 4
the Subdivision Map Act, unless they find that such failure : result of a technical and inadvertent error which does not materially affect the validity of the m2p; (IO) In the case of eonversions of residential property to condominiums, community apartments or stock cooperatives, that all required notices arid reports to tenamt have not been or will not be sent as required by law,
(8) That all TX~U~K~IWII~S. o€ the California
(9) That the proposed map fails to meet or
20,12,092 Required( notices, (,a) Nhenevcr a public hearing is required to be held pursuant to the provisions of
this title or the Subdivision Map Act, notice of the hearing
shall be given as provided in Section 6G454,3 of the ~ave-rnm~
Code c)
section (a) B notice shall be given tu aS.3 property ownerrs shc on the last equalized assessment roll as owning property with
380 feet of the project by direct mailring or by delivery by
means other than mailing, The notice sha1.E he given withirr t.h time limits established by Subsection (a),
(b) In addition to the notice rs~&.red by S.uh-
a0
21
22
23
24
25
26
27
28
20,12,093 Appeal of planning cornmission decision,
(a) The subdivider, any tenant of the subject property, in the case of a proposed conversion of residential
seal property to a condominium project, community apartment project, or stock cooperative project, or any other intereste
person may appeal, from any action of the planning commission
with respect to a tentative mapp to the city council, ~ny such appeal shall be filed with the city. cl~
within fifteen days after the action sf the planning commissic from which the appeal is being taken. Upon the filing of an appear, the city clerk sh< set the matter for public hearing, Suck hearing shall be hell within thirty days after the date of filing the appeal, With ten days following the conclusion of the hearing, the city council shall render its decision on the appeal, The decisior
of the city council is final,
///
6.
' (t e a
P
2
3
4
(b) The decision of the city council shah1 be
COIISi,St€!Rt with the provisions of this code arid the Subdivis:
Map Act and shall be supported by app~6priate findings..
within the time limits specified in this sect.icmr the appeal
shall be deemed denied,"
(e) If the city COURC~P fails to act on an appeal
5 SECTION 19 : That Title 28 F Chapter 20,12# of the
6
20-92. 196(b) to insert the words ao~ plannLng commission for 7
Garlsbad Municipal Code is arncnded by the amertdmernt OE Sectic
8 tentative maps which it is authsrize.6 by this; title to apprcn
9 or eanditiona%%y approvem after the words "city CQUI"IC~~"
IQ wherever they appear in the subsection,
3.1 SECTION 12: That Title 20 P Chapker 20 * 42 of the
el Q Em -J8 02% 8 2: us
z zig 9 c,s 5
g$2$ 52 y
QQ
no32
a 5' d u:, 3a
$&8P'
wo
>t- OI
3.2
13
14
15
X6
17
CarEsbad ~ugnieipal Code is amended by the amendment aE Secttic
20 m 12, I20 to insert the words "or planning c~missism for
tentative maps which it is auth0~iz~~3 by this title to approv
or conditionally approven after the worccls "city council"
wherever they appear in the section,
SECTION 13: That Title 20, Ch.sptser 20,TE O€ the
E 0
G 18
I 28 o 16,025 ts read as follows: E9
Carlsbad Municipal Code is amended by the? ad6itiar-r of Section.
I
20
21
22
23
24
25
26
27
28
w20,16,025 Conversion of mobilehome parks, (a) At
time of filing a tentative map for a subhivision to be createl
from the conversion of a mobilehome park to artother use, the subdivider shall also file a plan specified by Section 66427,
(b) If the provisions sf Chapter 21-37 apply to the mobilehome park, the plan specified itx Subsection (a) shall include the report specified by Section %1,37,11Q(b)(3) of th
eode e
displaced mobilehome park residents, the plan shall address tl availability of adequate replacement space in mobilehome park; The subdivider shall make a copy of the plan available to eacl resident of the mobilehome park at least fifteen days prior tc the hearing on the map by the planning commission, If Chaptel
21.37 applies, the subdivider shall also provide all notices
required by Section 21.37.120 of this code, The planning
the GQV@Pnm@nt Code,
(c') In determining the impact of the conversion on
II 7 I.
I
2
3
.4
5
6
7
8
9
10
13.
12 a 2 II g 3.3
Cp1 G5 Q)
a 9
commission or city council may require the subdiv~der ea tak.( steps to mitigate any adverse impact of the conversion on tht ability of displaced mobilehome park resitients to find adequ~ space in a mobilehome park, and shall make a11 the findings required by Section 21,37.120 applicable,”
SECTION 94: That Title 20, Chapter 20-5 6 of the
Carlsbad Municipal Code is amended by the amendment of Sectic
20,$6,643 to add the words “or Chapter %0609’rr after the word!
“as set forth in Chapter 20,080”
SECTEQN 1%: That Title 20 r Chapter 20 -20 of the
Car%s$ad Municipal Code is amended by the amendment sf Sectic
20 e 20,040 to insert the words ““p%artnirrg cormtissLon 01:” befare
words “city council,m
SECTION 16: That Title 20 p Ckiapter 20-20 of the
CarPsbad MlunieipaS. Code is amended by the amendment of Sectio
dLLuJQ-
z r:f 0
ti - ;4
$286 gzzs
55 a
20 2
r4
-u
no25
0 cog::
t 0
14
15
le,
97
18
a9
20
21
22
23
24
25
26
27
28
20,20,02O(d) to read as foPPows:
”(d) The city council shall not approve a finaX map a subdivision to be created from a eonaersi,an of residential real property into a condominium project, a community apartme project, or a stock cooperative project unless it finds ab1 o the following:
condominium project, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty days prior to the filing; (
tentative map, There shall be a further finding that each SUI tenant and each person applying for the rental of a unit in SI residential real property has or will have received all applicable notices and rights now or hereafter required by th title or the Subdivision Map Act, In addition, a finding sha.
be made that each tenant has received ten days written
notification that an application for a public report will be t has been submitted to the Department of Real Estate, and that such report will be available on request, The written notice: tenants required by this subdivision shall be deemed satisfiec
such notices comply with the legal requirements for service b] mail. ”
condominium project, community apartment project, or stock cooperative project has been or will be given written notification within ten days of approval of a final map for tt
proposed conversion,
(I) Each of the tenants of the proposed
(29 Each of the tenants of the proposed
(?) Each of the tenants of the proposed 1 condominium prolect, community apartment pro-~ect, or stock a.
I
e (I)
I
2
3
4
5
6
7
8
9
10
3.1
12 0 a
g * 13 sw gs 0)
dLwl 14 !p;g 0 E..> 2 mGQ7 3.5
i. 5a
$EL+'$
52 9 >'; cc I%
> 4
u 18
wu 5586 16
k
19
2o I
cooperative project has been or will be g.iven me hundred-ei days written notice of intention to convert priolr to termina
of tenancy due to the conversion or proposed conversion, Th provisions of this subdivision shall no6 alter or abridge th rights or obligations of the parties in performance of their covenants, including but not limited to- the provisions of servicesp papent of rent or the abligations imposed by Sect
4941, 1941.4 and 194,l of the California Civil Cde,
condominium project, community apartment project, or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of his or her respective units upon the same terms and conditions that SUC units will be initially offered to the ~EXVX~% p~baic OLI &er more favorable to the te.nant, The right shall ran for a per of' not less than ninety days from the date of issuance of thm subdivision public repart pursuant to Section 51018,2 of the Business and Professions Code, unless khe tenant gives prior written notice of his intention not to exercise the right, (5) This seetion shall nctk diminish t limit or expand, other than as provided herein, the authority of the (
council to approve OX disapp~~~e cond.orair~l,m projectsen
(4) Each of the tenants of the proposed.
SECTION 4%: That Title 20 c Chapter 2G,2Qr Section
2(%.20,020 of the Carlsbad Municipal Code is. amende4 by the
amendment of Subseetion (c) to read as folllows:
"(ge) ~ultiple final maps may be filed for portions c
the tentative map provided that the tentative mag appravaf b:
the city COCarn&.il, Or planning commission whe-rr authorized, divides the subdivision into units and the final map
substantially conforms to one or more of such units and comp! with all conditions applicable to such units, When a'ividing
subdivision into units, the city ccrunci1- or pllartning cormissj shall insure that the design and improvement of each unit arc consistent with the provisions of this title,a
21
Carlsbad Municipal Code is amended by the amendment. a€ Sectic 22
SECTION 38: That Title 26, Chapter 20-24 of the
to delete the words "and persons in POSS~SS~OR, if different" 24
20-24, I15 to replace the word 9'latestct v::itfT. the word "Past" e 23
community apartment project or stock cooperative pro-ject the 28
of existing residential real property to a condominium projec 27
section: "Whenever a tentative parcel map is for the convers 26
and by the addition of the following Language at the end of t 25
..
9,
e e
f
2 notice required by this section shall be sent to all tenants
9
4
the projectant
SECTION. 49: That Title 20 r Chapter 20 -24 of the
5
6
CarPsbad Municipal. Code is amended by the addition of Sectio
20,24,116 and 20,24,117 to read a.s fcrllows:
~Y20,%4,116 Conversion of mobilehame parks, kt th,e 7// time of filing a tentative parcef.rnap for a subdivision t.0 Ga
n sf0 Yo, tez 8 ;: w9 oo’zz :; Q,
2 >:$ p
u 054
“OES ”-2 y <s 2
J
wv
scSt5
>I- a
- u
8
9
PO
411
12
13
14
3.5
3.6
3.7
18
3.9 I
created from the esnversisn sf a mobilehome park to ansther I the subdivider shall also file a report specified by Section
21,%7,1%Q(b)(3) of this eode. In determining the’impact of .
conversion on displaced rnobiPehQme park residents, the repor. shall address the availability of adequate replacement space. mobilehome parks. The subdivider shall make a copy of the report available to each resident of the mobilehome park wit1
15 days of the filing of the tentative parcel map, The subdivider shall also provide all notices required by Sectiar
21.37,120 of this code, The City Engineer may require the subdivider to take steps to mitigate any adverse impact of tk conversion on the ability of displaced mobilehome park residc
to find adequate space in a mobilehome park, and shall make i the findings required by Section 21,37,120,
20 -24, I9 7 Proof of notice--minor subdivisions ..
whenever the subdivider is requized by this title or the
Subdivision Nap Act to give any notice or pravide any report information to any person other than the city, the su.bditside1
shall submit proof sufficient to allow the city engineer to j that the notice has been given or the reports or information 1 provided. Such proof may include declarations under penaXty
per jury, ’’
20 SECTION 20: That Title 20, Chapter 20,24, Section
21
addition of Subsection {6)(h) to read as follows: 22
20 -24,430 of the CarPsbad Municipal Code is amended by the
23
24
25
26
27
28
“(h) In the case of the conversion of residential x property to a condominium project, community apartment projec or stock cooperative project, that any of the notices to ten; required by law have not been or will not be given”
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall cert
to the adoption of this ordinance and cause it to be publishe
10.
, -+ ,
1
2
3
4
5
6
7
8
9
3.0
I1
3.2 n
Yg Lo
a2 E, 'lo, s%zg z E:$ g gG CZ
ri I25 ';to,,- ggq$ ice y
>$
>k- (r a
k 0
13
14
15
16
l'b
18
3.9
20
21
22
23
24
25
26
27
28
I
I
8 e
at least once in the CarPsbad Journal within fifteen days afl
its adoption,
INTRODUCED AMD FIRST I33A.D at a regular meeting of tl
CarLsbad City Council held on the day aE -
1985, and thereafter
PASSED AND EhWPTED at EZ regular meeting of said Cit]
Council, held on the day. of * 198'
by the fsPllowing vote, to wit:
AYES :.
NOES t
ABSENT:
RONALD c (* Pmma, Mayor -
ATTEST:
ALETBA L, RAUTENKRAMZ, City Clerk -
( SEAL 1
11.
'I e EXH IB IT 89 c OD @ AUGUST 26, 19t
1
2
3
4
5
6 I1
ORDINANCE NO,
AN ORDINANCE OF THE CITY COUNCIL OF %HE CITY OF
19,04 OF THE CARLSBAD PIUNICIPAL CODE BY THE AMENDME6
OF VARIOUS SECTIONS TO REVISE THE CITY'S ENVIRQNMENS
IMPACT REPORT PRQCESSING PROCEDURES IN ORDER TO ALLC
THE PLANNING COMMISSION FINAL APPROVAL AUTHORITY FOE
CARLSBAD, CALfFORNIAc AMENDING TITLE 19, CHAPTER
eERTAIN"ATTERS; ---.-"-----------..---~-.-~~~--.--...-.....
_p_ .a
The City Council of the city sf CarEsbad, CaLifor:m%ia
does ordain as follows: 7
8
9
SECTION 1; That Title 19, Chapter '89,04 of the Carl
Municipal Code is amended by the amendment of sections
10
II
3.2
13
14
49,04,Q4B{b) and (f) to read as follows:
"(b) City-Council.; Unless the Planning Commission is authorized by Subsection (f) to hold a public hearing on and certify a final environmental impact report, it shall be the responsibility of the City Council$
impact report;
report is completed pursuant 'LQ CEQA, the state guidelines an this title,
(I) To hold a public hearing on every environmental
. (2) To certify that the final environmental impact
15
(2) To complete the final environmental impact repo; 3.7
(1) To hold a public hearing on every environmental 16
)I (f) Planning-Commission; It is the responsibiPFky of . Planning Commission:
impact report Q'
compliance with CEQA, the state guidelines and this title.
18 (3) For projects for which it or any city official -i the final decision snaking body except for the possibility of 19 lappeal, to certify that the first environmental impact report:
20 completed pursuant to CEQA, the state guidelines and this tit1
(4) For projects for which the City Council is the 1 decision making bodyp to forward the first environmental impar 21 report to the Council for certification
22 report, to make the finding of whether or not a proposed proje
23
24
(5) For projects requiring an environmental impact
will have a significant effect on the environment."
SECTION 2: That Title 19, Chapter 19-04 of the Carls
25 IIMunicipal Code is amended by the amendment of Section 19-04-23
head as fOllOW5: 26
27 ////
28 ////
It e e
1
2
a
4
5
19,04.230 Planning Commission Hearing. The environmental impact report shall be -0 the secret
the Planning Commission, The secretary shall set the matter public hearing on the Commission agenda, Notice of the date the hearing shall be mailed to the applicant, posted on the Council Chamber door, published once in a newspaper of gener
circulation and mailed to ail property owners as shown on th latest equalized assessment rqlP, within ai radius of three h
feet of the proposed project ten days prior to the date of t
hearing, If the number of persons to whom notice would be II
6 by placing a display advertisement of at %east one quarter E is over one hundred, in lieu of mailing, such notice may be
'B the newspaper having the greatest circulation in the city, Planning Director may require any additional notice he deems
8 necessary for the project and assess the costs to the applic
If the hearings on the environmental impact report
9 be consolidated according to this chapter with public: hearin other approvals on the project, the notice required by this ZQ; section may be given in the same manner and at the same time public notice otherwise required for the project. At the he 11 the Comission shall hear staff comments on the report and comments from the public, The Commission may refer the repo
12 back to staff for further investigation, information and ana
and for the inclusion of additional material if they determi
X3 such to be necessary to a full and complete report. The Pla
Director shall supplement the report if any significant poin
94 raised at the hearing which have not been covered in the pro For projects for which the Planning Commission or a
15 city official is the final decision making body, except for possibility of appeal, if the Commission finds that the repo
16 been completed in compliance with CEQA, the state guidelines this chapter it shall by resolution so certify, For all 0th 17 projects the Commission shall forward the final environrnenta impact report to the City Council with a recommendation as t x$ whether or not the report has been completed in compliance w
aP% applicable requirements, 19 I
20 11 SECTION 3: That Title 19, Chapter 19.04 of the Car
Municipal Code is amended by the addition of Section 453.04.24
read as follows: 21
22
23
24
25
26
27
28
"19.04;845--Appeal-of-Planning~~Commission~D~cisio~~
applicant or any other interested person may appeal, from an:
action of the Planning Commission with respect to a final environmental impact report for which it is authorized by th title to certify, to the City Council.
Any such appeal shall be filed with the City Clerk $. fifteen days after the action of the Planning Commission fro1 which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall : the matter for public hearing. Such hearing shall be held w: thirty days after the date of filing the appeal. Within ten
.2
e e
following the conclusion of the hearing, the City Council sk render its decision on the appeal, The decision of the Cit~ Council is finaletp
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify to
adoption of this ordinance and came it to be published at I
once in the Carlsbad Journal within fifteen days after its
adopt ion. ..
INTRODUCE? AND FIRST READ at a regular meeting of th
Carlsbad City Council held on the -.. . - day of .
4981, and thereafter
PASSED, AND ADOPTED at a regular meeting of said Ci
Council held on the .--_--- day of -.----.- ..-.--. gl 1981, b
following vote, to wit:
A
AYES :
NOES :
3.6
17
18
39 I
ABSENT:
. . . . . . . . . . . . . . . . . . . . . .
RKARfI r Mayor
20 ATTEST: ll 22.
22
23
24
25
26
27
28
,."..._...."".". ~ ..".....___
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
I t .3
OF CARLSBAD
g16)UHCXL P6LIC.%r STATEtGN'R
General Subject:
-specific Subjesk:
.. .. . ... ..
Amend Step 2 of the Rrcbcedbres Section $a read as follows:
.. .. . ... ..
Amend Step 2 of the Rrcbcedbres Section $a read as follows: ..
. 2) The changing 'of street names .may -be initiated by any 05 -. the following: _-
L . A letter from a private individual sr-body
O Resolution of Inte'ntion sf the Planning Commission . Resoiution of Intention of the City Council
In. all casesp it shall be the -duty sf the Planning
Department to prepare .a. report- aiscussing the-
juAtification for such a change, recommending a repl'acement name and discussing any effects sf Fhe change on other streets in the city-
..
..
'The secretary of the Planning Cqmmission. shall. place-
the matter on the first convenient Planning Commission agenda, and shall submit the report of .the Planning Departmqt at that time.
The Planning -Comissiow shall hold a public hearing". *
Said public hearing shall. be noticed to all property owners on the' street proposed for change by mail 15 -
days prior to the hearing, or by the posting of a n,otice along the street at 300 foot intefvals, 15 days
'. . prior to the hearing, The Post Office and County- Recorder shall also be.sent written notice of the proposed change. .
Upon r-eceiving testimony at the public hearing, she-
proposed street name change by resolution, including
the date upon which said change will become effective. Upon receipt of the Planning C~mmission~s resolution,
the City Clerk shall place a copy of the resolution on
the City Council agenda as an information item, The decision of the Planning Commission shall be final' unless appealed to the City Council within 10 days after the adoption of the Resolution, Sixty days-prior to the effective date of the change, the City'Clerk shall send written notice of the change to the Post Office and County Recorder,
;
.. . * ..
. . , Planning Commission shall annoynce its decision on the .
I .. .
II * AUGUST 26, 1981
EXHIBIT euE*e
4
aa
2 ORDINANCE NO, .e""
AN ORDINANCE OF THE CITY COUNCTL OF THE CITY OF
21.04 OF THE GARLSBAD MUNICIPAL CQDE BY THE AHEWDME
%O-BE-e6USfS~ENT-WI~H-THE.SBBDIVISI6N-MW-~~~--'-.
The City Council sf the city of Carlsbad, Califsrnai
3
OF SECTTOM 29,04,210 TO AMEND THE DEFINITEOM OF LO? 4
CARLSBAD, CALIPQRMIA, AMENDING TITLE 21, CHAPTER
5
6
7
8
8
does ordain as follows:
SECTION 1: That Title 21, Chapter 29.04a of the @a
Municipal @ode is amended by the amendment of Section %Ie04,
10
13,
12
13
14
15
read as fslllows:
21;84;290--~ots "Lot" means a parcel of record leg created by subdivision mapo adjustment plat, certificate of
compliance, or a pareel Pegally in existence prior to incrorg of the lot into the jurisdiction of the city, Any parcel CL , prior to May 1 O 1956 shall be presumed $0 be lawfully create
the parcel resulted from a division of land in which fewer t I five pareells were created. A lot shall have frontage that a
~ usable access on a dedicated public street or a public dedie ' easement accepted by the city, This street or easement shal. 1 a' minimum width of thirty feeten
X6
INTRODUCED AND FIRST WAD at a regular meeting sf t 21
adopt ion n 20
1 once in the earlstaad Journal within fifteen days after its 19
adoption of this ordinance and cause it to be published at 5 18
days after its adoption, and the City Clerk shall certify ta 37
EFFECTIVE DATE: This ordinance shall be effective
22
//// 27
//// 2?€i
//// 25
//// 24
1 981 I and thereafter 23
Carlsbad City Council held on the . -. -. . . day of .. . 1. LID
0 I)
4 c
b PASSED, AND AROPTED at a regular meeting of said Cj
2 ~oumnciP held ~n the - . - - - . . day of .. 9 1985, ..
3 the fOPlOW VSte, tQ Wit;;
4
NOES: 5
AYES ::
ABSENT: 6
7
8
._
9
10
1% ALETHA I,. RAUT'EWRE~%Z-, City~Clerk
___-__.____"_"_-.... -.
ATTEST:
___ .__.__.. .......". -..-.-...--..
12
13
(SEAL)
2.4
16
16
17
2.8
3.9 I
20
21
22
23
24
25
26
2'9
28