Loading...
HomeMy WebLinkAbout1986-10-01; Planning Commission; Resolution 2568*d II 0 0 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PLANNING COMMISSION RESOLUTION NO. 2568 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 45, OF THE CARLSBAD MUNICIPAL, CODE, TO READ AS SHOWN ON EXHIBIT "A" APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-195 WHEREAS, the Planning Commisson did, on the 1st day of October 1986, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-195, according to Exhibit "A", dated October 1, 1986, attached hereto and made a part I hereof, based on the following findings: Findings: 1. The proposed amendment will clarify confusing portions of the Planned Development Ordinance. 20 21 22 23 4. The proposed project will not cause any significant 24 25 2. The proposed amendment will ensure that projects developed with the Planned Development Ordinance will be compatible with adjacent developments. 3. The proposed amendment will establish high quality development ' standards for the Planned Development Ordinance. environmental impacts and a Negative Declaration has been issued by the Planning Director on June 7, 1986 and recommended for APPROVAL by the Planning Commission on October 1 , 1986. 26 1 //'/ 27 1 //'/ 28 *C 1 .2 3 4 5 6 7 8 9 IO: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 @ PASSED, APPROVED AND DOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st of October, 1986, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners: McBane, NOES : None. ABSENT: Commissioner Holmes. ABSTAIN: None. harcus, McFadden, Schramm and Hall. p> $ @$J -A $ 8 3 $1 P VU~&$&?$&p4 .> 4 &'$ ~ $<$.=&;&*?E&&&&?&? CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST : 0, /?/ /.y* /.;" i, i' ,dB2tLL9DgL." .,F ,. ,,&! M~CHAEL J. HOLZMILLER ,T PLANNING DIRECTOR Ll PC RES0 NO. 2568 -2- 'b 4 0 Chapter 2 1 .45 PLANNED DEVELOPMENT* Sections: 21 -45.010 21.45.020 21.45.030 21.45.040 21.45.050 21.45.060 21.45.070 21.45.071 21.45.072 21.45.073 21 -45.074 21.45.080 21.45.090 21.45.100 21.45.110 21.45.120 21.45.130 21.45.140 21.45.150 21.45.160 21.45.170 21.45.180 21.45.190 21.45.200 21.45.210 21.45.220 21.45.230 Intent and purpose. Planned development permit. Permitted uses. Application. Transmittal to the Planning Commission. Planning Commission action City Council action. Public hearings Required findings. Appeal of Planning Commission decision. Design guidelines manual. Design criteria. Development standards. Conversion of existing buildings to planned developments. Notice to tenants of existing buildings being converted to planned developments. Tenant relocation expenses. Expiration, extension, revisions. Approval of projects of four units or less by Planning Director. Cancellation of a planned development permit. Amendments. Final map. Final planned development plan. Certification of occupancy. Maintenance. Failure to maintain. Restriction on reapplication for a planned development permit. Variance. 21 -45 .O 10 Intent and purpose. The intent and purpose of (1 1 Ensure that projects develop in accordance with the (2) Allow flexibility in project design while providing (3) Encourage creatively designed projects using the the planned development regulations are to: general plan and all applicable specific and master plans; for essential development standards; concepts contained in the city's adopted design policy as contained in the design guidelines manual; natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources; (4) Encourage development which is sensitive to the * Prior ordinance history: Ords. 9459, 9493, 9535, 9568 and 9603. Exhibit A October 1, 1986 e 0 (5) Provide for projects which are compatible with (6) Ensure that the project's circulation system is surrounding developments; designed to be efficient and well integrated with the overall city circulation system and which does not dominate the project; (7) Provide a method to approve separate ownership of units within multiple-unit buildings or upon a parcel of land containing more than one unit; of planned unit development lots as defined in this title; condominium subdivisions to insure that the quality of development is reasonably consistent with other forms of development intended for separate ownership; ( 10) Provide for conversion of existing developments to condominiums, provided such conversion meets the intent of this chapter and standards which apply to units constructed as condominiums. ((3rd. 9631 52 (part), 1982). (8) Provide for a method to approve separate ownership (9) Regulate the design and location of buildings in 21.45.020 Planned development permit. (a) A planned development permit shall apply to residential projects only. The City Council, Planning Commission or Planning Director, as provided in this chapter may approve a permit for a planned development in any residential zone or combination of zones subject to the requirements thereof except as they may be modified in accordance with this chapter. When approved, a planned development permit shall become a part of the zoning regulations applicable to the subject property. state whether the applicant intends to to develop the project as a planned unit development, condominium project, stock cooperative project, community apartment project, or a combination thereof. For purposes of this chapter, a planned unit development is defined by Section 1103 of the Business and Professions Code of the State, a condominium project is defined by Section 1350 of the Civil Code of the State, a stock cooperative project is defined by Section 1103.2 of the Business and Professions Code of the State and a community apartment project is defined by Section 11004 of the Business and Professionas Code of the state. (Ord. 1256 §7(part), 1982; Ord, 9631 §2(part), 1982). (b) The application for a planned development shall 21.45.030 Permitted uses. Any princpal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted in a planned development. In addition, the Planning Commission or City Council may permit attached multi-family units as part of a planned development in any single-family zone if they find that the units are developed in a manner that is compatible with surrounding land uses, will not create a disruptive or adverse impact to the neighborhood and are consistent with the purpose and intent of the underlying zone. (Ord. 9631 S2(part), 1982). 0 e 21 .45.040 Application. Applicaton for a permit for a planned development shall be made in accordance with the proced- ures set forth in this section: be made by the record owner or owners of the property affected or the authorized agent of the owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by him. The application shall state fully the reasons a planned development is a proper method to develop the property and shall be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Planning Director; (2) At the time of filing the application the applicant shall pay a processing fee in an amount specified by city council resolution; map which shall be filed with the Planning Director in accordance with procedures set forth in Chapter 20.12 of this code. If the project contains four or less lots or units, the application shall be accompanied by a tentative parcel map which shall be filed with the City Engineer in accordance with procedures set forth in Chapter 20.24 of this code. planned development in phases, the application shall so state and shall include a proposed phasing schedule; buildings to a planned development, the plans shall reflect the existing buildings and show all proposed changes and additions. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982). designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City ordinances and standards except for the design standards of this chapter. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of this chapter. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. (1 1 An application for a planned development permit may (3) The application shall be accompanied by a tentative (4) If the applicant contemplates the construction of a (5) If the applicant proposes to convert existing (6) Applications for Planned Developments on properties 21.45.050 Transmittal to the Planning Commission. The Planning Director shall transmit the application for a planned development, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports and processing have been completed. An application may be considered by the Planning Commission concurrent with their consideration of any related discretionary permit. (Ord. 1256 §7(part), 1982; (3rd. 9631 §2(part), 1982). 0 0 21.45.060,. ~Janning Commission action. The Planning Commisssion shall hold a public hearing on all planned development permits. For all planned development permits with fifty or fewer units or lots, the Planning Commission shall approve, conditionally approve or disapprove the permit. For all planned development permits with more than fifty units or lots, the Planning Commission shall prepare a report and recommendation for the City Council. The report shall include findings and recommendations on the matters set out in this chapter and shall be forwarded to the City Clerk who shall set the matter or public hearing before the City Council. (Ord. 9631 §2(part) , 1982). 21.45.070 City Council action. The City Council shall hold a public hearing on a planned development permit for which the Planning Commission has filed a report with the City Clerk, At the public hearing, the City Council shall review the Planning Commission's report, shall consider the matter and shall approve, conditionally approve or disapprove the permit. (Ord. 9631 §2(part), 1982). 21,45.071 Public hearing. Whenever a public hearing is required by this chapter, notice of the hearing shall be given as provided in Chapters 21.52 and 21.54 of this code, When the hearing on a planned development permit is consolidated with the hearing on a tentative map under the provisions of Section 21.45.050, notice shall satisfy the requirements of both this chapter and Title 20 of this code. (Ord. 9631 §2(part) , 1982). 21.45.072 Required findings. (a) The Planning commission or City Council shall approve or conditionally approve a planned development permit only if it finds that all of the following facts exist: (1 ) The granting of this permit will not adversely affect and will be consistent with this code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies; necessary and desirable to provide a service or facility which will contribute to the long term general well-being of the neighborhood and the community; safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; the minimum development standards set forth in Section 21.45.090; the design criteria set forth in Section 21.45.080 and has been designed in accordance with the concepts contained in the design guidelines manual; to and blend in with the natural topography of the site; significant natural resources on the site; (2) The proposed use at the particular location is (3) Such use will not be detrimental to the health, (4 ) The proposed planned development meets all of (5) The proposed planned development meets all of (6) The proposed project is designed to be sensitive (7) The proposed project maintains and enhances 0 0 (8) The proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood; (9 1 The proposed project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project, (b) In granting a planned development permit, the Planning Commission or City Council may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. Any development standards of the underlying zone in which the property is situated, including yards, parking, coverage, signs, fences and walls, may be modified by the Planning Commission or City Council as necessary to accomplish the purposes of this chapter. (Ord. 9631 §2(part), 1982). 21.45.073 Appeal of Planning Commission decision. (a) The applicant, any resident of the subject property, in the case of a proposed conversion of residential real property to a planned development project, or any other interested person may appeal, from any action of the Planning Commission, or from any action of the Planning Director on projects processed in accordance with Section 21.45.140 with respect to a planned development permit, to the City Council. within ten days after the action of the Planning Commission from which the appeal is being taken. the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. consistent with the provisions of this chapter and shall be supported by appropriate findings. the time limits specified in this section, the appeal shall be deemed denied. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982). Any such appeal shall be filed with the City Clerk Upon the filing of an appeal, the City Clerk shall set (b) The decision of the City Council shall be (cl If the City Council fails to act on an appeal within 21.45.074 Design guidelines manual. The City Council shall by resolution adopt a design guidelines manual. Said manual shall contain diagrams and text to establish basic design elements which shall be incorporated into the project. These design elements can be expanded and modified to fit the particular needs of a site. The design guidelines shall also demonstrate the flexibility which can be achieved by developing under the planned development ordinance. No project which is inconsistent with the design guidelines shall be approved. (Ord. 9631 §2(part), 1982). e 0 21.45.080 Design criteria. The planned development shall observe the following design criteria: (1) The overall plan shall be comprehensive, imaginative and innovative, embracing land, buildings, landscaping and their relationships as indicated in the design guidelines manual, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located; space, circulation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well-integrated, orientated and related to the topographic and natural landscape features of the site, as indicated in the design guidelines manual; (3) The proposed development shall be compatible with existing and planned surrounding land uses and with circulation patterns and open space on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community; 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 activitiy and function of any common areas and facilities as indicated in the design guidelines manual; located so as to be readily accessible to the occupants of the dwelling units and shall be well-related to any common open spaces provided, as indicated in the design guidelines manual; (6) Architectural harmony within the development and within the neighborhood and community shall be obtained so far as practicable. ford. 9631 §2(part), 1982). (2) The plan shall provide for adequate usable open (4) The internal street system shall not be a dominant (5) Common areas and recreational facilities shall be 21.45.090 Development standards. In addition to the general provisions of this title, the requirements of the underlying zones and this chapter, a planned development shall comply with the following standards: development shall not exceed the density permitted by the underlying zone. The density regulations of the underlying zone may be applied to the total developable area of the planned development rather than separately to individual lots. In no cases shall the density be inconsistent with the general plan. The density on the developed portion of the site shall be compatible with surrounding development. In cases where two or more general plan land use designations fall within the boundaries of a planned development, the density may not be transferred from one general plan designtion to another. (a) Density. The number of dwelling units in a planned ( b) Setbacks. (1) Arterials. All units adjacent to any road shown on the Circulation Element of the General Plan shall maintain as a minimum the following setbacks from the right-of- way: Prime Arterial 50 ' Major Arterial 40 ' Secondary Arterial 30' e 0 This setback shall be mounded and landscaped to (2) Front Yard. The front yard setback for single buffer residential units from traffic on the adjacent arterials. family dwellings shall be twenty feet; however, setbacks may be varied to a fifteen-foot average with a ten-foot minimum. Garages with entries that face directly onto a public or private street shall maintain a ninimum setback of twenty feet. The front yard setback from a private driveway, as defined in subsection (h) , may be reduced to five feet provided that guest parking is dispersed along the entire driveway or that the width of the driveway is adequate to accommodate parking on one side. Garages facing directly onto a private driveway that have less than a twenty-foot setback shall be equipped with an automatic garage door opener. All multifamily units fronting on a public or private street shall maintain a minimum of a 20’ front yard setback. Garages that face onto a private driveway serving an attached multifamily project may have a five foot setback provided that guest parking is dispersed along the entire driveway or that the width of the driveway is adequate to accommodate parking on one side. In this case all garages shall be equipped with automatic garage door openers. the right-of-way line in the case of a public street and from the edge of the driveway, curb or sidewalk, whichever is closer to the structure subject to the setback, in the case of a private street or private driveway. substantial setback variation from a private or public street as shown in the design manual and shall not be construed to allow a uniform fifteen-foot setback. The modifications in setback shall not be allowed where there is the potential for adverse traffic or visual impacts. At least 40% of the frontyard setback of detached single family residences shall consist of landscaping. (3) Corner Lots. Corner lots shall have a ten-foot side yard setback from the street, unless the garage faces onto the street side yard, in this instance a twenty foot setback shall be maintained to the garage. property line, or in the case where individual property lines are not present, at the edge of the street curb or sidewalk, whichever is closest to the structure subject to the setback. (5) The distance between single story structures shall not be less than ten feet. The distance between two and three story structures shall not be less than twenty feet. The distance between two story and one story structures shall not be less than fifteen feet. Fireplace structures, cornices, eaves, belt courses, sills, buttresses and other similar architectural features projecting from a building may intrude up to two feet into 2 this area, the required setback between buildings. l.e&-eadAnq frx flnnrc The front yard setback shall be measured from It is the intent of this section to provide (4) All setbacks shall be measured from the .. .. XZ~T’L”’.CZC LTALICL.~ tr~ffi~ S~ZCUIZ~~GFA, ~ZGV~ZI~A -5 --.fzty, -. Second and third story open balconies Or cave e 0 projections over driveways are allowed if such intrusions do not inhibit traffic circulation, provision of safety, sanitary or other services or are not compatible with the design of the project. full-sized covered residential parking spaces, BR~ sf V b-e-eeve+&, except for studio units which shall be provided with a ratio of 1.5 parking spaces per unit, for which one space per unit shall be covered. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. (dl Visitor Parking (c) Resident Parking. All units must have at least two (1 1 Visitor parking shall be provided as follows: NO. of Units Amount of Visitor Parking 10 dwelling units or less 1 space for each 2 dwelling units or fraction thereof. Greater than 10 dwelling 5 spaces for the IO units, units plus 1 space for each 4 dwelling units above 10 or fraction thereof. (2) Up to forty-five percent of the visitor parking may be provided as compact spaces (eight feet by fifteen feet). No guest parking credit shall be given for tandem parking in front of garages except for existing duplex lots. These existing lots may provide their required guest parking space as a tandem parkine space in front of the garage if the garage is setback a minimum of twenty feet from the front property line. frontage on adjacent local streets for detached single-family or duplex projects subject to the approval of the Planning Commission; not less than twenty-four feet lineal feet per space exclusive of driveway entrances and driveway aprons shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then twenty lineal feet may be provided. Streets used for on street visitor parking must meet or exceed the city's minimum width requirements. be less than five feet. (3) Credit for visitor parking may be given for (e) Building setbacks from open parking areas shall not ( f ) Screening of Parking Areas. All open parking areas rF C"" -.- VL La..- VL shall be screened from adjacent residences and public rights-of-way by either a view-obscuring wall or landscaping subject to the approval of the Planning Director. e 0 4;: "2- s- <: f :" - as. 35 VRikC - * w+s"+w - 425 =q. f9. 422 ". Et. -0 ="-=- <n P. LL. FC LC. + "1 -1 1 1 - -A " tl. - """ " "A - *.. ". 4c? ?-ztiv= I""!. E"ILtL", F.* ... , . .\ n \ 4.L I 0u-r n fn - - - -, CQ?! T-'lurngiarJ ar-, 45f! P5- - ckh? Kt-, -, v n- - ... .. T.1-c h3y AI, LC kzlf th"ve r& f~~~1li~-enk if tkn Dl=* ... *. e 0 ai"&*&<*-. ci- f2e.k. T"y'r"rrLe.sA", pr1v-+"' &uv! =I m1- nf HSrn,,,,,,ca4%i€-_sat i = f y i Rq rn- .. &i+kt=r: fzzt 4th a-A,,,,,c-atcr th-z fiftc- ("&--credit fer ee~trite~-i"E"&kM-&Gi.~ t "VH $7 . Ft.7 wit f="? r "W €J-+J-erl-tM+iA-eq*&&iic lap t= fifty " +?"E"fie-~+in3€4*&44", c- "d~~&-WQ~ W4"Fteq~~L 1 a- f3k-mpe- t 7: s"=f:==Ll" .. "1 z>-ez rswmez ?zii *&& €GZ >-sz =r City I $:"e AG -. &mew tc w- .. -I AI. e! Pi j2eks"Wb"21 -c~i..t-&" .. BrI~Z' IGtZ w7Lth ci -t z=-- sf "rrbn"* .. (9) Recrea. cllb nal Space. e (1) Open Space areas designated for recreational use shall be provided for all residential developments at a ratio of 200 square feet per unit. All projects except for those in which all dwelling units are on lots with a minimum size of seven thousand five hundred (7,500) square feet, shall provide both common and private recreational facilities. density allowed by their general plan designation shall provide common active, as well as private passive recreational facilities. limited to the following: (2) Multi-family projects requesting approval above the minimum (3) Active common recreational facilities include, but are not (A) SDa. .. -" (B) Sauna, (C) Cabana (including restroom facilities), (D) Swimminu mol. .. 4- (E) Tennis Court, (F) Shuffleboard court, (GI Racquetball court, (HI Vollevball court. items : .. A (I) Recreation rooms or buildings with any two of the following (i) Cardroom. (ii) TV room, .. (iii) Weight-lifting/exercise room, (iv) Restrooms. .. (v) Lounging area, (vi) Ping pong table, (viiil Kitchen facilities. (vii) Pool table, (ix) Wet bar. .~ ~. "" ~~ ~- (4) Passive common recreational facilities include but are not limited to the following: (A) Benches. .. (B) Barbeques, (C) Restrooms, (Dl Sun decks (excluding lawn areas), (E) Children's play areas, (F) Horseshoe pits, (GI Flat grassy playareas with a slope of less than 15%. (51 The minimum lineal dimension of an oDen/recreational sDace shall .. &. & be at least ten feet. provide either a balcony with a minimum dimension of six feet or a patio with a minimum dimension of ten feet for each dwelling unit. (6) All multifamily projects developed under this ordinance shall (7) To count towards satisfying recreation requirements, private yards shall have a minimum dimension of fifteen feet with a slope not greater than fifteen percent. fifty percent of the required recreation area. front yard, unless the Planning Commission or City Council finds it to be an (8) Credit for common indoor recreation facilities shall not exceed (9) Required recreation areas shall not be situated in any required integrated feature of the project and that it will not create a disruptive element to the neighborhood. (10) Specifically excluded from meeting the usable open/recreational space requirement are driveways, parking areas, pedestrian walkways, storage areas, fenced areas which are inaccessible to residents, slopes over 15%, and any other areas deemed not to be primarily used for open/recreational purposes bv the Planninu Commission or City Council. * - & ,. e 0 (h) Streets. (1) 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 development, and their structural design, pavement and construction comply with the requirement of the city's street improvement standards. The Planning Commission and City Council shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: w 2 I=-rtiRq ~"--'-;---"---e-"de 2-A-a- " "et - Single Family or Duplex Type of Street Minimum Width 2 lanes, parking on both sides 2 lanes, parking on one side 36 feet 32 feet 2 lanes, no parking, serving twelve units or less with off street guest parking bays 30 feet Multifamily Attached Type of Street Minimum Width Private driveways w f-7ty EtF&56--BFIR€u?3 -t;W€?-Fl+HitC tc fcrtq WXksA a-; vs7 7 &.. " 30 feet - &+?Feet No parking shall be permitted on private driveways. (2) ?* "p?wi"te s&g+.e-t "8 W4z-J ic =-a, cn tk- dri" (i) Lighting. Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided. for each unit. (j) Utilities. There shall be separate utility systems (k) Recreational Vehicle Storage. 7%"""- t. c l7 apadxtent .. 0 0 (h) Streets. (1 1 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 development, and their structural design, pavement and construction comply with the requirement of the city's street improvement standards. The Planning Commission and City Council shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: - UWZ, LA" psEk&-R€j 2 l2R€Z, ;Etrkittg"€me Zi* 3 lx+e"# r-,z-l zi"ee u 34+he-k 34-%3ek Single Family or Duplex Type of Street Minimum Width 2 lanes, parking on both sides 2 lanes, parking on one side 2 lanes, no parking, serving twelve units or less with off street guest parking bays 36 feet 32 feet 26 feet Multifamily Attached Type of Street Minimum Width Private driveways serving forty units or more Private driveways serving twenty unit to forty units Private driveway servine nineteen units or less 30 feet 26 feet 24 feet No parking shall be permitted on private driveways. 42? :: "FZi"tC clri+.ew-;." i" ~wed--on-#~~ (i) Lighting. Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided. for each unit. (j) Utilities. There shall be separate utility systems (k) Recreational Vehicle Storage. p"e+&e, 6pa?@"&e€e"&"+~rn~ I. 0 0 req+t:rzd 5” ~5%;- Ees ;l.; e. mer, res+d-e+~t~zl -, All projects containing ten units or more shall provide space to store campers, trailers, boats, etc. The storage space shall be located in specifically designated areas and be made available for the exclusive use of the residents of the development. These designated areas may serve more than one planned development, provided there is sufficient space to meet minimum requirements for each planned development. Developments located in areas covered by a Master Plan may have this requirement satisfied by the common recreational vehicle storage area provided by the Master Plan. The area provided for this storage space, exclusive of driveways and approaches, shall be at least equal to twenty square feet for each dwelling unit in the planned development. However, not less than two hundred square feet shall be provided. The storage space shall be screened from view by a view-obscuring fence, wall or landscaping. The storage space may be offsite of the planned development, provided the property to be used as storage is part of the application for the planned development permit and that no other development may occur on this property without an amendment to such permit. The Planning Commission or City Council must find evidence that such off-site storage is suitable and not detrimental to the surrounding properties of such storage area. or City Council finds that the planned development provides that each lot will have satisfactory storage on the lot and such storage is compatible with the area. Such storage shall be a minimum of two hundred square feet in area for each lot and shall have access for vehicles. prohibited in the front yard setback, on any public or private streets, or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. Storage shall not be required if the Planning Commission (2) The storage of recreational vehicles shall be (1 1 storage Space. Separate storage space of at least four hundred eighty cubic feet in area shall be provided for each unit. If all of the storage for each unit is provided in one area, this requirement may be reduced to three hundred ninety-two cubic feet, This space shall be separately enclosed for each unit, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure, provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary by the Planning Commission or City Council. (m) Refuse Areas. Centralized refuse-pickup areas may .. e 0 (n) Antennas. No individual antennas shall be permitted. Each project shall have a master antenna or a cable television hookup. mh lrrt "LS LVC. "2 thc=e i-m == = wt-c ?==it, hat %kef shel: kn "i33-ts 45- rcLa+hF! ts thz I;r3=j-ec= - s-wx33-ct the ;r;t*-t -2 sf the .. -2 " CL " In a n7"s-I Rl in - A IL &" &.I LA& bL . \WLU. JIGI Yl, 828-4, "za. an lna3- npd nr?i E?I =>, lJwaI w U. Jv21 aL~ya,.Lf, ld \ in (01 Planned unit development lots. For planned unit developments as defined herein, lots that do not meet the requirements of Title 20 of the underlying zone may be approved. However, lots with single family detached homes shall comply with the following criteria: (1 1 Minimum lot size: 3500 sq. ft. (2) Minimum street frontage on linear or semi- (3) Minimum frontage on sharply curved streets or (4) Frontage on cul-de-sac bulbs may be reduced to linear streets: 40 feet. cul-de-sacs: 35 feet, with an average of forty feet. a minimum of 25' if guest parking (that does not directly back out onto street) is provided near the end of the cul-de-sac. Also, lots with frontages less than 30' must reach a width of 35' at some point near the middle of the lot. 21.45.100 conversion of existing buildings to planned developments. (a) Conversion of existing buildings to a planned development which is a condominium, community apartment or stock cooperative shall be processed in the same manner and meet all the standards prescribed in this chapter for planned development. In addition, the structure to be converted must meet present city building regulations. structure to a planned development shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems is acceptable. (c) An application to convert an existing building to a stock cooperative shall be approved, conditionally approved or disapproved within one hundred twenty days following receipt of a completed application. (Ord. 9631 §2(part), 1982). (bl An application for conversion of an existing 21.45.110 Notice to tenants of existing buildings being converted to planned developments. In addition to all other required findings for a subdivision, the City Council shall find that: planned development, community apartment or stock cooperative project has been or will be given one hundred eighty days' written (1 ) Each of the tenants of the proposed condominium, .. a 0 notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the civil. Code; (2) Each of the tenants of the proposed condominium, planned development, community apartment or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. (Ord. 9631 §Z(part), 1982). shall provide relocation assistance equal to one month's rent to any residential tenant who relocates from the building to be converted after receipt from the subdivider of the notification required by this chapter, except when the tenant has given notice of his intent to vacate prior to receipt of the notification from the subdivider. Relocation assistance shall be provided no later than fifteen days following the subdivider's receipt of notification from the tenant of the tenant's intent to vacate unless other arrangements are made in writing between the tenant and the subdivider. (Ord. 9631 §2(part), 1982). 21.45.120 Tenant relocation expenses. The subdivider 21.45.130 Expiration, extension, revisions. The expiration, extension or revision of a planned development of five or more lots or units shall be governed by the provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative map. The expiration, extension or revision of a planned development of four or less lots or units shall be governed by the provision of Sections 20.24.160, 20.24.180 and 20.24.080 of this code. (Ord. 9631 §2(part), 1982: Ord. 9603 §8(part), 1981; Ord. 9510 51, 1978; Ord. 9459 §2(part), 1976). 21.45.140 Approval of projects of four units or less by Planning Director. (a) Planned developments with four or less units shall be approved in accordance with the provisions of this section. include all design criteria and development standards as contained in this chapter shall be submitted to the Planning Director who may approve, conditionally approve or disapprove the permit. The Planning Director shall approve or conditionally approve a permit if he makes all of the findings specified in Section 21.45.072. The Planning Director's decision may be appealed in accordance with the procedures of Section 21 .45.073 of this chapter. (b) A site plan and elevations for such projects which s. a 0 (c) An application for a site plan shall be accompanied by an application for a minor subdivision which shall be processed in accordance with the procedures of Chapter 20.24 of the code. Approval of both site plan and a minor subdivision is required in order to proceed with development of a planned development of four or less units. the City Council of all planned development permits issued pursuant to this section. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982: Ord. 9603 §9, 1981, (3rd. 9459 §2(part), 1976). (dl The Planning Director shall make a monthly report to 21.45.150 Cancellation of a planned development permit. A planned development permit may be cancelled at any time prior to the commencement of construction. Cancellation may be initiated by the owner of the property covered by the permit by means of a written communication, signed by all interested parties, directed to the Planning Director in the office of the Planning Department. Said correspondence shall also include a request to cancel the tentative map affecting the property. The Planning Director shall inform the City Council of all such communications. The permit shall become void one hundred twenty days after receipt of the communication in the office of the Planning Department. (Ord. 1256 §§7(part) and 13(part), 1982; Ord. 9631 SZ(part1, 1982: Ord. 9459 §2(part), 1976). 21.45.160 Amendments. (a) Amendments to a planned development permit may be initiated by the property owner or authorized agent as follows: to the Planning Department in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment. When necessary, the amendment shall be accompanied by an amendment to the corresponding tentative map or tentative parcel (1 I A request for an amendment shall be submitted map; (2) If the Planning Commission considers the amendment minor in nature, the additional gaphics, statement or other information may be approved by the Planning Commission resolution and made part of the original City Council approval without the necessity of a public hearing; (3) A minor amendment 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 permit, or the rearrangement of uses within the development, or changes of greater than ten percent in approved yards, coverage, height, open space or landscaping, provided no changes shall be less than required by this chapter. If the Planning Commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing; shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification; (4) If a public hearing is required, the applicant a. 0 0 (5) A fee as specified by City Council resolution is required for all property within the portion of the planned development to be amended; development permit for which a hearing is required shall be processed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a planned development permit. amendment to a planned development permit. Such amendment shall be processed, heard and determined in accordance with the terms of this chapter applicable to the adoption of a planned development permit. ((3rd. 1256 §13(part), 1982; Ord. 9631 §2(part) , 1982). (6) An application for an amendment of a planned (b) The City Council may by motion initiate an 21 .45.170 Final map. Building permits for construction within the proposed planned development shall not be issued until 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. A maximum of six model-home units may be constructed in a complex if approved as a part of the planned development permit prior to recordation of the final map, provided that adequate provisions acceptable to the Planning Director and City Attorney are made guaranteeing removal of such complex if the final map is not recorded. ((3rd. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982). 21.45.180 Final planned development plan. (a) Building permits for construction within the proposed planned development shall not be issued until the applicant has filed and secured approval of a final planned development plan; submitted to the Planning Director prior to the expiration of the tentative map or tentative parcel map including within the period of time of any extensions on the map. The plan shall reflect all required revisions and refinements. The final planned development plan shall include: sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (b) The final planned development plan shall be (1 1 Improvement plans for private streets , water, (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 system plans showing location, dimensions and types; and (5) A plan for lighting of streets , driveways , parking areas and common recreation areas. improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final planned development plan. Such (c) where a planned development contains any land or a 0 declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership, and shall be reviewed by and subject to approval by the Planning Director and City Attorney. 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. conformity to the requirements of this chapter and the planned development permit. If he finds the plan to be in substantial conformance with all such requirements? he shall approve the plan. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982). (dl A final planned development plan may be submitted (e) The Planning Director shall review the plan for 21.45.190 Certification of occupancy. A certification of occupancy shall not be issued for any structure in a planned development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, Planning Director and Director of Building and Housing. (Ord. 1256 54, 1982: Ord. 9631 §2(part), 1982). 21 .45.200 Maintenance. All private streets, walkways, parking areas , landscaped areas , screening , sewers ? drainage facilities, utilities? open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. (Ord. 9632 §2(part), 1982). 21 .45.210 Failure 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 is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. 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. The costs thereof shall be assessed against the owner or owners of the project. persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The City Engineer shall (b) In addition to any other remedy provided by law for (c) The notice shall be in writing and mailed to all ,_I e 0 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. (dl The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the City, will be assessed against the property or against each separate lot and become a lien upon such property. provided for in subsection (dl, 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 be done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against, which cost is to be assessed. The City Council shall thereupon fix a time a place for hearing protests against which the cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protest 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 the manner provided in subsection (c) of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there are any, and then proceed to confirm, modify or reject the assessments. City Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall cause to be filed in the office of the County Recorder of the County a notice of lien, substantially in the following form: (e) If upon the expiration of the five-day period (4) A list of assessments as finally confirmed by the NOTICE OF LIEN Pursuant to Chapter 21.45, Title 21, of the Carlsbad Municipal Code (Ordinance No. I, the City of Carlsbad did on the day of , 19 , cause maintenance and report work to be done in the Planned Development project known as which was constructed under Planned 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 - 44 0 0 , 19 , by its Resolution No. assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law 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, County of San Diego, State of California, particularly described as follows: (Description of property) Dated this day of t 19 City Clerk, City of Carlsbad. (h) From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid, The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual liens and all fixed special-assessment liens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereof. (Ord. 9631 §2(part), 1982). 21.45.220 Restriction on reapplication for a planned development permit. No application for a planned 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 provision may be waived by the affirmative vote of a majority of the City council. (Ord. 9631 §2(part), 1982). %k457-23-=, 5°F CGRZLtlGRS .. c;" " C" -. 1 i A "-& GI*- F Ckr. .&+FHk-kcz i:: thi- &l"tcr t- 6tf-Bk pr*=t;. ~1~ 5e deee**433~"--L:---Ca"+ma""Fr€m"e 1- " -4- -7 -4- AS a nt IL r"-- k- ---.-- -- "