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HomeMy WebLinkAbout1973-01-02; City Council; 9338; CMC 21.38 amends - P-C rqmt/procedures revisionORDIN,ANCE NO. 9338 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. AMENDING TITLE 21. CHAPTER 21 .38, SECTIQNS 21.38.010, 21.38,020, 2138.,030, 21.38.040, 21.38.050 AND 21.38.060 OF THE CARLSBAD MUNICIPAL CODE REVISING REQUIREMENTS AND PROCEDURES APPLICABLE TO THE P-6 (Planned Commun.i ty) ZONE .. 5 MHEREAS, pursuant to the provisions of Title 21 of the Carlsba 6 7 Municipal Code, the Planning Commission did on November 14, 1972, 8 hold a duly noticed public hearing to consider the certain amendment to the Planned Community (P-C) Zone of the City of Carlsbad, as set 9 out in Chapter 21.38, Sections 21.38.010, 21.38.020, 21.38.030, 21.38.040, 21 .38.050, and 21.38.060, 12 13 14 15 16 17 18 19 WHEREAS , the P1 anning has made certain fi ndi ngs Commission and has recommended that the City Council of the City of Carlsbad enact said amendments into law, and; WHEREAS, The City Council of the City of Carlsbad has Resol tion No. 3027 adopted said findings as their intent to amend the law in accord therewith; NOW, THEREFORE, BE IT ORDAINED, as fo own and expressed their lows: 1. Section 21 .38.010 is amended to read as follows: 20 21 "Section 21.38.010 Permitted Uses. The following uses only are permitted in the P-C Zone: 22 23 (1) Single-family dwellings, two-family dwellings, multiple- family dwellings, or any combination thereof, and accessory uses and buildings normally incidental thereto. (2) (a) Parcels less than 50-acres - no commercial use permitted, (b) Parcels 50 to 100 acres: C-1 with conditional use 24 25 26 27 28 29 30 uses intended to service primarily the proposed t) * Parcels of 100 acres or more. C-1 permitted; c-2 with Conditional Use Permit. (3) Non-profi t community centers, social ha1 Is, churches, c 31 32 u recreation facilities, parks, and schools, subject to Provisions of Chapter 21.42." 2 3 4 5 "Section 21.38.020 Change of Zone --Procedure--Master Develop- ment Plan Required. (1) Applications for zone change to P-C zone shall be consider- ed by the Planning Commission, and the City Council , on proper-usage 10 91 11 12 13 14 15 18 20 21 22 16 17 tion extension may be requested and approved pending Planning Commissi n and City council judgement and application extension justification. 1 (4) After approval of zone change development of said property shall proceed upon completion of and in compliance with the following P-C Ordinance Sections: 21.38.030, 21.38.040, 21.38.050, and 21.38.06 . (a) Existing zoning. (b) Density per acre allowed by general plan. (c) Compatibility with adjoining properties. I. Existing development. 11. Topography (2) The following information shall be required: (a) Legal description and map of exterior property. (b) Name and address of owner. (c) Name and address of person/persons preparing the plan. provisional approval is given on zone change, a master plan in compliance with 21.38.040 of this ordinance shall be submitted for acceptance within a 12 month period from the date of provisional approval or the provisional zone change will be forfeited. An applica 27 28 29 30 31 32 exclusive of all streets, dedicated and private, shall be required for open space. (2) Open space shall not include streets, dwellings, garages, carports or uncovered parking areas; but shall include landscaped utility easement, golf courses, landscaped recreation parks and re- lated recreation facilities, other remaining open land improvements 23 24 25 26 ng Requirements of the Master (1) A minimum of 66-2/3% of the total development acreage, -2- 1 2 3 4 5 6 7 8 I 9/ dedicated as private, swimming pools, pedestrian walkways, driveways, arbors or shade structures designed as an integral part of the site's landscaping. Visitor and/or recreational vehicle parking in excess of required parking may be considered 100% of open space, provided said excess parking does not exceed 1.5 spaces per 2 dwellings. (3) Parking as follows: Required off-street parking per unit shall be: I I 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) Studio or efficiency unit - 1.5 spaces (b) One bedroom unit - 1.5 spaces (c) Two bedroom unit - 1.75 spaces (d) Three or more bedroom unit - 2.00 spaces A minimum of one covered parking space per unit shall be provided. Uncovered parking spaces shall contain 200 square feet. 4. Section 21.38.040 is amended to read as follows: "Section 21.38.040 Master Development Plan to set fort-h certain information. The Master Development Plan shall set forth at least the following: (1) Legal description and map of the exterior boundary. (2) Name and address of owner (owners) and developer of all the property. (3) Name and address of the person or persons who prepared the plan. (4) Proposed use of all lands within the subject property. (5) Number of dwelling units per acre proposed for each re- sidential area shall be as follows: (a) 100 acres or greater: Shall be in compliance with the General Plan density. (b) Less than 100 acres: Shall be in cornpliance with the General Plan density - or if development property is within 300 feet of other residential zones, then the density of the development shall not exceed the allowed density of current zoning of said development (Ord. 9262 S2,,1971; Ord. 9218 $1 (part), 1968; Ord. 9060 // $1377) 12 -3- (6) A Plot Plan and/or Written Statements of: (a) Approximate location and net area of school sites, park sites, major recreational facilities, and open spaces. (b) Location of all proposed highways and major collector 5 6 7 8 streets within the development, and their relationship to the city's circulation element. (c) North point, scale (not to be less than one inch equals two hundred feet), and date of preparation. 9 10 11 12 13 14 3.5 17 afphabeticql letter of U S tour interva ngs of existing-trees and other -natural features. (8) A brief written statement describing proposed provisions other utilities. 16 for storm drainage, sewage disposal, water supply, cable T.V., and Ij i 19 20 (9) A written statement of the development program setting . forth the manner of conveyance if the property is to be subdivided, the use of open space, and the methods and techniques for landscaping 21 2.2 23 24 25 26 27 28 29 30 31 32 and maintaining such open spaces, if applicable. (10) The tentative time schedule for completion of development. (11) Total acreage is defined as acreage within P-C boundaries exclusive of existing public designated streets. (12) After approval of the master development plan, a specfic plan and tentative map on a portion or portions of the development must be submitted within 12 months - or the zone change and master lan js forfeited. (13) The computation of open space, buildings, streets (public and private), etc. as a portion of information shall be included." xx xx -4- 1 2 3 5. Section 21.38.050 is repealed. 6. Section 21.38.060 is renumbered 21.38.050 and is amended to read as follows: I 11 1 1 1 1 1 1 1 1 3 2 s I 4 d 4 I d 1 1 4 5 6 I/ tered architect, or civil engineer for the specific area proposed "Section - 21,.38.050 Specific Plan and Tentative Map - - Contents. Prior to issuance of any permits, a specific plan prepared by a regis 7Ilfor development shall be adopted. The following permits may be issued 8 after adoption of the specific plan and/or tentative map, prior to inal map filing. j/ (1) Building permits for land development. Land development s classified as retaining walls, land grading, earth movement, and tructures pertinent thereto. g permits for recreational sites. ('3) ng units maximum). Building permits for model of proposed dwellings (4 dwelli Specific plan shall include the following: (1) A map showing the location of the specific plan in relati o the master development plan. A legal description and boundary map of the property. The name and address of the registered architect or (2) (3) ivil engineer who prepared the plan. (4) The name and address of the owner or owners and the de- !eloper of the property. (5) The use of all land. (6) ;he General Plan Density, or if applicable, less than 100 acres, in The number of dwelling units per acre; in compliance wit1 :ompl iance wi tk current zone requirements. (7) The location, dimensions, and types of improvements pro- posed for all streets, walkways , driveways , parking and service areas 411 streets shall be labeled, both public and private. xx xx -5- n e 2 3 4 5 I units for each proposed residential structure. (a) One hundred acres or greater developments - Nosheight restrictions on P-C structures if the structure is located more than 500 feet from the boundaries of the P-C Zone. In all other cases 8 61 9 10 structures shall not exceed 35 feet in height as defined in Section 11 12 (12) Elevation and architectural renderings of typical buildings and other structures. (13) Prior to filing of the final map, an irrevocable offer (b) Less than one hundred acre developments - the height of the structure shall be limited to 35 feet as defined by Section 21.04.065 of the Carlsbad Municipal Code. (c) Structures with heights greater than 35 feet as defined in this ordinance shall be approved by Conditional Use Permit. 1 ll 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (9) Detailed type and location of all other uses. (10) Landscape plan of the complete development. (11) A topographic map of the proposed developed property and made. (14) A tentative subdivision map, per requirements of Carlsbad Subdivision Ordinance, of the property. A final subdivision map shall be subject to approval prior to the start of construction. (15) A legal instrument, .in compliance with the State of Cali- fornia Subdivision Map Act, shall be submitted prior to the filing of the final map and setting forth the manner of conveyance if the pro- llperty is to be subdivided." -6- I 211to read as follows: 4 "Section 21.38.060 Filing procedure for zone change, master } development plan, specific plan, subdivision maps and amendments. 8 (1) The applicant shall request through the City Manager, a /j 10 11 (2) The formal filing of said documents and applications must the filing of the required documents for a change of zone to the P-c Zone. 15 14 15 16 l7 18 20 21 (d) If filed concurrently - Zone Change and Master Plan be made at least three weeks prior to any regularly scheduled meeting I of the City Planning Commission to be heard at the meeting. filing must contain the following items: The (a) One sepia reverse brown line and twenty blue line prints for each master development plan, specific plan, and tentative map. (b) Filing fees shall be in accordance with established fee schedules. (c) If filed concurrently - Specific Plans and Tentative blap shall be included as one fee. shall be included as one fee. The fee shall be in compliance with that of a zone change fee. 26 27 28 29 30 EFFECTIVE DATE. This ordinance shall be effective 30 days 25 11 after its adoption and the C of this ordinance and cause Carlsbad Journal within 15 d XX xx ity Clerk s it to be pu ays followi hall certi blished at ng its ado fy t 1 ea pti o o th st 0 n. e ad nce -7- a*.+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 19th day of December , 1972, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of January , 1975, by the following vote, to wit: AYES: Councilmen Dunne, Lewis, Chase and Frazee. NOES: None. ABSENT: Councilman McComas. City of Carlsbad, talifornia 4TTEST : (SEAL) -8-