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HomeMy WebLinkAbout1983-04-13; Planning Commission; Resolution 21020 e 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 2102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ( CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONl AMENDMENT, AMENDING TITLE 21, BY THE ADDITION OF CHAl 21.47 TO THE CARLSBAD MUNICIPAL CODE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-162 I WHEREAS, the Planning Commission did, on the 13th da: 6 I1 April, 1983, hold a duly noticed public hearing as prescribed 7 11 law to consider said request; and 8 I1 WHEREAS, at said public hearing, upon hearing and 9 10 11 12 13 14 15 1E 17 1 b ) I considering all testimony and arguments, if any, of all perso desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public heari the Commission recommends APPROVAL of ZCA-162, according Exhibit "A", dated March 15, 1983, attached hereto and IT part hereof, based on the following findings: 18 Findings: /I 19 20 21 22 23 24 25 1 1) The Non-Residential Planned Development Ordinance implen the City Council and Planning Commission's desire to per industrial, office and commercial condominiums and planr developments. 2) The Non-Residential Planned Development Ordinance provic condominium conversions and condominium subdivisions pur to the City's Subdivision Ordinance and Subdivision Map 3) The Non-Residential Planned Development Ordinance allows greater flexibility in lot size and ownership then the existing ordinances, but still establishes minimum deve: standards. 26 Ordinance and the Carlsbad General Plan. 27 4) The Non-Residential Planned Development Ordinance is consistent with the Subdivision Map Act, the Carlsbad Z( 28 1; //// II I! 0 0 1 5) The project will not cause any significant environmenta: 2 impacts and a Negative Declaration has been issued by tl Use Planning Manager on March 28, 1983 and approved by I Planning Commission on April 13, 1983. 3 11 PASSED, APPROVED AND ADOPTED at a regular meeting o! 4 5 Planning Commission of the City of Carlsbad, California, helc the 13th day of April, 1983, by the following vote, to wit: 6 7 AYES: Chaim Schlehuber, corcanissioners Marcus, Rombotis NOES: None. Farrow, Friestedt and Rawlins. 8 /I ABSENT : Corranissioner Jose. 9 10 11 12 13 ATTEST: ABSTAIN: None, LQW CLARENCE SCHLEHUBER, Chai CARLSBAD PLANNING COMMISS 14 15 16 I? I/ l8 I; l9 !! 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2102 .2 .* II e 0 * EXHIBIT "A" March 15, 1983 ZCA-162 I. II ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARLSBAD RESIDENTIAL PLA~NED DEVELOPMENTS, CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNIC CODE BY THE ADDITION OF CHAPTER 21.47 TO PROVIDE FOR 4 11 The City Council of the City of Carlsbad, California 5 . 11 ordain as follows: 6 7 SECTION 1: That Title 21, of the Carlsbad Municipal is amended by the addition of Chapter 21.47. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Chapter 21.47 Non-Residential Planned Developments Sections: 21.47.010 21 -47.020 21.47.030 21.47.040 21.47.050 21.47.060 21.47.070 21.47.071 21.47.072 21.47-073 21.47.080 21.47.090 21-47.100 21.47.110 21.47.120. 21.47.130 21 -47,140 21-47.150 r 21.47.160 ' 21.47.170 .. Intent and Purpose Non-Residential Planned Development PE Permitted Uses Application Transmittal to Planning Commission Planning Commission Action City Council Action Public Hearings. Required Findings Appeal of Planning Commission Decisior Development Standards Conversion of Existing Buildings to Nc Residential Planned Developments Expiration, Extension, Revisions Approval of Projects of Four Units or Land Use Planning Manager Cancellation of a Non-Residential plar development Permit Amendments Final Map Certification o,f Occupancy Maintenance Restriction on Reapplication for a No1 Residential Planned Development Permil . 21.47.010 Intent and Purpose, The intent and purpc the non-residential planned development regulations are to: (l), Ensure that non-residential projects develop il accordance with the general plan and all applicable specific master plans; (2) Provide for non-residential projects which are compatible with surrounding developments; (3) Provide a method to approve separate ownership units within multiple-unit buildings or upon a parcel of lanc containing more than one unit; II ll 0 0 I1 1 (5) Provide for conversion of existing developments 2 (4) Provide for a method to.approve separate owners Planned Unit Development lots defined herein; condominiums provided such conversion meets the intent of thi 3 chapter and comply with the rn requirements of the underlying zo 4 5 6 7 8 9 10 71 21.47.020 Non-Residential Planned Development Permi City Council, Planning Commission or Land Use Planning Manage "- ." " ..~-~-~-_I_- provided in this chapter may approve a permit for a non- resi planned development in any industrial, commercial or office z combination of zones subject to the requirements thereof exce they may be modified in accord with this chapter. The application for a non-residential planned development she state whether the applicant intends to develop the project as Planned Unit Development, Condominium Project or Stock Cooper Project. For purposes of this chapter: a Planned Unit Develc is defined by Section 11003 of the Business and Professions C the state a.nd a condominium project is defined by Section 135 the Civil Code of the state. .LA 21.47.030 Permitted Uses. Any principle use, acceE 12 use, transitional use or conditional use permitted in the unc "- " zone is permitted in a non-residential planned development. 77 .Ld 21.47.040 Application. Application for a permit fc 14 planned development shall be made in accordance with the proc (1) An application for non-r.esidentia1 planned devc 15 set forth in this section: add it i.ons . 28 reflect thle existing buildings and show all proposed changes buildings to a non-residential planned development, the plan' 27 so state and shall include a proposed phasing schedule 26 non-residential plann.ed development in phases , the appiicatic (~4) If the applicant contemplates the construction 25 Chapter 20.24 of this code. with the City Engineer in accordance with procedures set fori 24 shall be accompanied by a tentative parcel map which shall bc If the project contains four or less lots or units, the appl: 23 accordance with procedures set forth in Chapter 20.12 of thir map which-shall be filed with the Land Use Planning Manager : 22 (3) The application shall be accompanied by a tent; resolution;: 21 shall pay a processing fee in an amount specified by City Cot specified by the Land Use Planning Manager; description of the property and all other materials and info] 19 which allow for detailed review pursuant to this chapter, a 1 develop the property and shall be accompanied by adequate pli 18 reasons a non-residential planned development is a proper met forms provided by him.. The application shall state fully thc 17 application shall be filed with the La-nd Use Planning Managel affected or the authorized agent of the owner or owners. ThC 16 permit may be made by the record owner or owners of the propc ."-.-.- ___ "" " - 20 (2) At the time of filing the application the appl: (5) If the applicant proposes to convert existing I ll 0 0. 1 - 21.47.050 " Transmittal """"" to the ~ Planning Commission. '1 Land Use Planning.lyIanager shall transmit the application for E 2 with their consideration of any related discretionary permit. 4 application zay be cor,sidered by the Planning Commission conct necessary reports and processing have been completed. An 3 thereon, to the Planning Commission for public hearing when a1 residential planned development, together with his recommendat . _. .- 5 6 7 8 ? 10 I 21.47.060 Planning ~..- Commission action. The Planning Commission shall hold a public hearing on all non-residential planned development permits. For all non-residential planned development permits with 50 or fewer units or lots, the Plannj Commission shall approve, conditionally approve or disapprove permit. For all non-residential planned development permits b more than 50 units or lots, the Planning Commission shall preg report and recommendation for the City Council. The report sf include findings and recommendations on the matters set out i: chapter and shall be forwarded to the City Clerk who shall se. matter or public hearing before the City Council. , I " 21.47.070 City Council action. The City Council sh ' 'lllhold a public hearing on a non-residential planned developmen. " - 12 permit for which the Planning Commission has filed a report w the Planning Commission's repsrt, shall consider the matter a: 13 City Clerk. At the public hearing, the City Council shall re' shall approve, conditionally approve or disapprove the permit 14 15 16 17 21.47.071 Public Hearings. Whenever a public heari: required by this chapter, notice of the hearing shall be give provided in Chapters 21.52 and 21.54 of this code When the on non-residential planned development permit is consolidated the hearing on a tentative map under the provisions of Sectio 21.47.050 notice shall satisfy the requirements of both this and Title 20 of this code. 19 I-8 I/ 21.47.072 Required Findings. (a) The Planning Commission or City Council shall a: ..___-. - _____ -~ . 20 21 22 .. 23 24 25 26 27 or conditionally approve a non-residential planned developmen permit only if it finds that all of the following facts exist (1) The granting of this permit will not adver affect and will be consistent with the code the general plan applicable specific plans, master plans, and all adopted plan the city and other governmental agencies. (2) The proposed use at the particular locatic necessary and desirable to provide a service or facility whic contribute to the general well-being of the neighborhood and community (3) Such use will not be detrimental to the he safety or gqneral welfare of persons residing or working in t vicinity, or injurious to property or improvements in the vic (4) The proposed non-residential planned devel meets all of minimum devlopment standards of the underlying z except for lot area; 28 .3 /I 0 0. 1 (5) In granting a 'non-residential planned devel permit, the City .Council, Planning Commission or Land Use Pla,r 2 Manag'er may modify the plan or impose such conditions as it de 3 necessary to protect the public health, safety and general we1 21.47.073 Appek of Planning Commission Decision. 4 (a) The applicant or any other interested person ma! appeal, from any action of the Planning Commission, or from a1 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 action of the Land Use Planning Manager on projects processed accordance with Section 21.47.130 with respect to a non-residc planned development permit, to the City Council. Any such appeal shall be filed with the City Clerk w: ten days after the action of the Planning Commission from whit appeal is being taken. Upon the filing of an appeal, the City Clerk shall st matter for public hearing. Such hearing shall be held within days after the date of filing the appeal. Within ten days fo the conclusion of the hearing, the City Council shall render decision on the appeal. The decision of the City Council is (b) The de.cision of the City Council shall be consi with the provisions of this chapter and shall be supported by appropriate findings. (c) If the City Council fails to act on an appeal w the time limits specified in this section, the appeal shall b deemed denied. 21.47.080 Development Standards. All non-residenti planned developments shall comply with all requirements and development standards of the underlying zone and all requirem Title 20 (Subdivision Ordinance), with the following exceptio non-residential Planned Unit Developments as defined herein m create lots that do not meet the requirements of Title 20 of underlying zone. There are no size nor configuration standar such lots beyond those imposed as a part of the permit, but t shall be reasonable as to intended use and relation to the pr and the surrounding area and shall meet the intent and purpos this ordinance as stated herein. "" 21.47.090 Conversion of existing buildings to Non- (a) Conversion of existing buildings to a non-resic Residential Planned Developments. " planned development which is a condominium, planned unit devc or stock cooperative shall be processed in the same manner ar all the standards prescribed in this chapter for a non-reside planned development. In addition, the structure to be convex must meet present city building regulations. . (b) An application for conversion of an existing st to a non-residential planned development shall include buildj plans indicating how the building relates to present buildin5 zoning regulations and where modifications will be required. the application shall include a letter from San Diego Gas ani Electric explaining that the plans to connect the gas and elc system tG separate systems is acceptable. 28 .4 1 II 0 0 I/ 1 2 3 4 5 21.47-100 Expiration, extension, revisions. The expiration, extension or revision of a non-residential plann development of five or more lots or units shall be governed provisions of Sizction 20.12.100, 20.12.110 and 20.12.120 of code regarding the expiration, extension or revision of a te map. The expiration, extension or revision of a non-residen planned development or four or less lots or units shall be g by the provisions of Section 20.24.160, 20.24,180 and 20.24. this code. 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 21.47.110 Approval of projects of four units or le Land Use Plannins Manaser. (a) No;-resiiential planned developments located c property less than 1 acre in area with four or less units sk approved in accordance with the provisions of this section. (b) A site plan and elevations for such projects M include all design criteria and development standards as cor in this chapter shall be submitted to the Land Use Planning who may approve, conditionally approve or disapprove the per Land Use Planning Manager shall approve or conditionally apF permit if he makes.all of the findings specified in Section 21.47.072. The Land Use Planning Manager's decision may be in accordance with the procedures of Section 21.47.073 of ti chapter. (c) An application for a site plan.,shall be accomE an application for a minor subdivision which shall be proces accordance with the procedures of Chapter 20.24 of the code. Approval of both site plan and a minor subdivision is requir order to proceed with development of a non-residential planr development of four or less units. (d) The Land Use Planning Manager shall make a mor report to the City Council of all non-residential planned development permits issued pursuant to this section. 21.47.120 Cancellation of a Non-Residential Plannc Development permit. A non-residential planned development 1 may be cancelled at any time prior to the commencement of construction. Cancellation may be initiated by the owner oj property covered by the permit by means of a written communi signed by all interested parties, directed to the Land Use I ~ Manager in the office of the Land Use Planning Office. Saic i correspondence shall also include a request to cancel the tc 22 map affecting the property. The Land Use Planning Manager s shall become void one hundred twenty days after receipt of t 23 inform the City Council of all such communications. The pel I 25 24 communication by the Land Use Planning Office. 21.47.130 Amendments. (a) Amendments to a non-residential planned develc permit may be initiated by the property owner or authorized (1) A request for an amendment shall be subm: 26 follows: 27 the Land Use Planning Offie in written form and shall be 28 1 b5 ., 1 2 3 4 5 6 7 a 9. 10 11 12 13 14 15 16 17 0 .. accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendm When necessary the amendment shall be accompanied by an amend the corresponding tentative map or tentative parcel map; amendment minor in nature, the additional graphics, statement other information may be approved by the Planning Commission resolution and made part of the original City Council approva without the necessity of a public hearing; (3.) A minor amendment shall not change the den or the boundaries of the subject property, or involve an addi a new use or group of uses not shown on the original permit c rearrangement of uses within the development. If the Plannin Commission determines that the amendment is not minor or that hearing is otherwise necessary, it shall set the matter for p hearing ; (4) If a public hearing is required, the app11 shall submit a completed application with graphics, statement other information as may be required to support the proposed modification; (5) A fee as specified by City Council resolul required for all property within the portion of the non-resic planned development to be amended. (6) An application for an amendment of a non- residential planned development permit for which a hearing i! required shal.1 be processed, heard and determined in accordal the provisions of this chapter applicable to the adoption of non-residential planned development permit; (b) The City Council may by'motion initiate an amei to a non-residential planned development permit. Such amend] shall be processed, heard and determined in accordance with terms of this chapter applicable to the adoption of a non- residential planned development permit. (2) If the Planning Commission considers the i 18 21.47.140 Final Map. Building permits for constru, within the proposed non-resixential planned development shal 19 issued until a final subdivision map has been recorded for tl project. A final map which deviates from the conditions imp 20 the permit shall not be approved. 21 22 23 24 25 26 27 I 21.47.150 Certification of occupancy. A certifica occupancy shall not be issued for any structure in a non-res planned development until all improvements required by the p have been completed to the satisfaction of the City Engineer Use Planning Manager and the Director of Buildi.ng and Planni parking areas, landscaped areas, storage areas, screeningp s drainage facilities, utilities, open space, recreation facil and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable tc City shall be made for the preservation and maintenance of e improvements prior to the issuance of building permits. ""- 21.47.160 Maintenance. All private streets, walkw 1 .6 28 I 4 /I 0 .. 1 2 3 4 21.47.170 Restriction ___- - on reapplication for a Non- ” Residential-anned Development -.- permit. No application for a resideniiTa1 planned development permit on the same property o essentially the same property for which a permit has been den the City council shall be accepted within twelve months of su denial. This provision may be waived by the affirmative vote majority of the City Council. ___ 5 EFFECTIVE DATE: This ordinance shall be effective t ‘ adopt ion. 9 once in the Carlsbad Journal within fifteen days after its 8 adoption of this ordinance and cause it to be published at le 7 days after its adoption, and the City Clerk shall certify to 10 11 12 a3 14 15 16 17 18 19 20 21 INTRODUCED AND FIRST READ at a regular meeting of thl Carlsbad City Council held on the day of and thereafter I PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1983 by the following vote, to wit: AYES: NOES : ABSENT : MARY H. CASLER, Mayor 22 ATTEST : 23 24 ALETHA L. RAUTENKRANZ, City Clerk 25 26 27 28 (SEAL) I 07