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HomeMy WebLinkAbout1976-06-15; City Council; 9458; CMC 21.28 adds/amends & Ord 9445/9454 repeal - P-C moratorium terminated1 2 3 4 5 E 'i E 1: 1: 1: 2 k 0 2 2 f ORDINANCE NO. 9458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CHAPTER 21.38 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS THROUGH 21.38.060 INCLUSIVE AND BY THE ADDITION OF SECTIONS 21.38.070 THROUGH 21.38.150 INCLUSIVE MUNITY) ZONE AXD fiEPEALING ORDINANCE NOS. 9445 AND 9454 TO TERMINATE A PlOFtATORIUM IN SAID ZONE. CALIFORNIA, AMENDING TITLE 21, 21.38.010 TO REVISE THE PROVISIONS OF THE P-C (PLANNED COM- The City Council of the City of Carlsbad, California does )rdain as follows: SECTION 1: That Title 21, Chapter 21.38 of the Carlsbad lunicipal Code is amended by the amendment of Sections 21.38.010 zhrough 21.38.060 inclusive and by the addition of Sections 21.38.070 through 21.38.150 inclusive to read as follows: "Chapter 21.38 P-C PLANNED COMI'flUNITY ZONE Sections: 21.38.010 21.38.020 21.38.030 21.38.040 21.38.050 21.38.060 21.38.070 21.38.080 21.38.090 21.38.100 21.38.110 21.38.120 21.38.130 21.38.140 21.38.150 Intent and purpose. Permitted uses and structures. General provisions. Master Plan required. Application. Contents of Master Plan. Exceptions to Master Plan. Prefiling procedure. Planning Director's duties. Planning Commission duties. City Council action. Amendment of ?-?aster Plan. Implementation of Master Plan. Additional standards. Undeveloped areas of existing planned communities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.38.010 Intent and purpose. The intent and purpose of the P-C, Planned Community zone, is to: (1) Provide a method for and to encourage the orderly implementation of the General Plan and any applicable Specific Plar by the comprehensive planning and development of large tracts of land under unified ownership or developmental control, so that the entire tract will be developed in accord with an adopted Master Plan to provide an environment of stable and desirable character; creative and imaginative planning of coordinated communities involving a mixture of residential densities and housing types, open space, community facilities, both public and private and, where appropriate, commercial and industrial areas; Allow for the coordination of planning efforts between developer and City to provide for the orderly development of all necessary public facilities to insure their availability coxurrent with need; (4) Provide a framework for the phased development of an approved master planned area to provide some assurance to the developer that later development will be acceptable to the City provided such plans are in accordance with the approved Planned Community Master Plan. (2) Provide a flexible regulatory procedure to encourage (3) 21.38.020 Permitted uses and structures. In the P-C, Planned Community Zone, the permitted uses and structures shall be established by a Master Plan of Development approved. in accordance with this chapter which may include any use found to be necessary and desirable for a community planned in accordance with the purposes of this chapter provided that such permitted uses and structures shall be consistent with the General Plan and applicable Specific Plans. Prior to approval of a Master Plan, the property may be used as permitted by Chapter 21.07 for the E-A Exclusive Agricultural zone. After approval of a Master Plan, such agricultural uses may be continued if the Master Plan so provides. 21.38.030 General provisions. (a) The P-C zone may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter. No P-C zone shall include less than one hundred acres of contiguous land. (b) All land in each proposed planned community shall be held in one ownership or shall be under unified control unless otherwise authorized by the City Council. For the purposes of this section, the written agreement of all owners in the planned community, to develop in accord with the Master Plan as approved, shall be deemed to indicate unified control. 2. 1 2 3 4 5 6 7 a 9 10 11 12 13 20 21 22 23 24 25 26 27 28 ga k 0 r may tr nsfer s tions f the developm nt. The transferee shall be-requiredto use the property in accord dith the approved Master Plan. (d) A planned community shall be subject to all other applicable provisions of Title 20-Subdivision, and Title 21- Zoning, of the Carlsbad Municipal Code. Where a conflict in regulation occurs, the regulations specified in this chapter, or the approved Master Plan, shall control. 21.38.040 Master plan required. Prior to the approval for any permits for development on property zoned P-C, Planned Community, a Master Plan of Development must be approved by the City Council in accord with the provisions of this chapter. A Master Plan when approved by ordinance shall establish the regulations for the development of the planned community within the I?-C zone and said regulations shall become a part thereof. 21.38.350 Application. An application for approval of a Master Plan shall be made to the City Council through the Planning Department and Planning Commission in accordance with procedures set forth below: (1) An application for a Master Plan may be made by the record owner or owners, or their duly authorized agents, of the subject property. It shall be filed with the Planning Director and must contain the signatures of the record owner or owners of the subject property: (2) The Planning Commission may prescribe the form and content for such application; (3) A fee of $100.00, plus $2.00 per acre for the first two hundredacres and $1.00 per acre for all acreage above two hundred acres, shall be paid when the application is filed: nary Master Plan graphic and text, open area plan and sign program. 21.38.060 Contents of Master Plan. A Master Plan for the development of a planned community shall consist of the following: (1) Graphic plans of the proposed development that include the following: (A) A map and legal description of the property with a north point scale not less than one inch equals two hundred feet, showing the date of preparation and the name and address of the plan's preparer, be it company or person, indicated by the use of zone designations of development zones and overlay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part of the Master Plan approval, (4) The application shall be accompanied with a prelimi- (3) Location of the various land uses shall be 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 20 21 22 23 24 25 26 27 28 k 0 -^ (C) An integrated open space program that is at least fifteen percent of the total Master Planned area is required except that the City Council may reduce this amount if the pro- posed open space is found to be adequate and is integrated with a proportional amount of offsite open space. Land uses considered as open space for purposes of this chapter are properties that are publicly or commonly owned for the benefit and use of the public or residents of the community such as parks, recreation facilities, greenbelts that are at least twenty-feet wide, natural areas that are at least ten thousand square feet in area, bikeways and pedestrian paths. These areas are to be indicated in the Master Plan and not used for any other purpose, (D) Specific development provisions to be applied such as a Planned Unit Development permit or a Conditional Use Permit shall be indicated. Development of property within areas so indicated shall be in accord with the terms of the permit and the provisions of this title applicable to such permits, ties such as schools, fire stations, transmission lines and booster stations, (F) The locations of major circulation systems and collector streets an6 their relationship to the circulation element shall be indicated. Bikeways, pedestrian paths, interconnecting open space areas and other special access means shall also be shownr (G) Facilities for water supply and sewerage disposal including sewer and water trunk lines, fire station sites, storm drainage and flood control structures and any other public facility needed to properly service the proposed community shall be indicatedi, Adequate public facilities, open space, recreation areas and street systems shall be provided for each phase, than twenty-five foot intervals. Existing trees and other natural features shall be indicated on such map, (J) Proposed development shall be consistent with the topography to reduce the amount of grading. The graphic is to indicate where significant grading is anticipated and for what reasons it is necessary. (2) A text shall accompany the graphic and shall include in the order as listed below: (A) A description of each type of land use by acre and area indicating: the number and type of anticipated dwelling units in each of the residential areas, anticipated uses in the commercial, industrial zones, and the land area for parks, schools, common open area and other public facilities and community services Report that contains the following: various land uses based on the projected population and acceptable (E) The location of public and quasi-public facili- (M) Phasing of development shall be indicated. (I) A map showing topographical contours at no less (B) Land use and Public Facility Economic Impact 1. Justification for the proportions of the 4. 1 2 3 4 5 6 7 8 9 1c 11 12 1: 2( 2: 2: 2; 21 2! 2t 2' 21 I- O iarketing or planning techniques. 2. Projected fiscal impacts the development 7i11 have on the ability of the City and other governmental or iuasi-public agencies to provide necessary services. This report ;hall include the approximate cost of dwelling units, anticipated .and and sales taxes to City and costs of necessary public services 'he report shall be prepared by an economic consultant independent )f the applicant but at the applicant's expense. rodifications of zone designation regulations, tnd other public facilities based on the anticipated population of :he community and the timing of its development, (E) Method to be employed for the maintenance of :omonly held private land such as open space, recreation areas, ;treet and parking areas. Some possible methods, depending on :he circumstances, are maintenance by developer, homeowners' tssociation, maintenance district, or City, iection of the development, what public facilities, open space, -ecreat on facilities or amenities will be provided with each phase :ant or required by the City Council which may include, but are lot lim ted to, any of the matters which may be regulated by ipecific Plan pursuant to Section 65451 of the Government Code, tnvironmental impact as noted in the adopted Environmental Impact teport for the project. ;paces as required by this chapter and all other such areas Iroposed for the development. This plan shall include a graphic mdicating areas to be landscaped, left natural, used as recreation )pen space and bike or pedestrian ways. In addition the plan shall .nclude the proposed ownership and who shall have the responsibilit For the maintenance of the various types of open areas; (4) A Community Identification Sign Program that, in tddition to signs otherwise permitted, the Master Plan area will ;how community entrance signs, directional signs and temporary in- Formational signs. The program may include the following: (C) Special development regulations, including any (D) A program to meet the needs for parks, schools (F) Phasing schedule indicating the timing for each (G) Special requirements as requested by the appli- (H) Measures to be used to mitigate any adverse (3) A landscape open area plan that includes all open (A) Graphic representation of design motif, (B) Location of permanent community entrance, (C) Type, number and dimensions of temporary informa- lirectional and informational signs, sional and directional signs that will be used during development >nly I (D) Special sign program for the commercial and Lndustrial portion of the community including standards for levelopment based on sign area footage per lineal foot, face of milding and sign height maximums. A Community Identification 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sign Program is in addition to those signs permitted in Chapter 21.41, but in no case may the Sign Program exeed that allowed for community identity signs in Chapter 21.41. If no Community Identification Sign Program is desired, the Master Plan text shall so indicate. 21.38.070 Exception to Master Plan. Areas within a Master Plan may be reserved for future planning, provided such areas do not exceed 40% of entire Master Plan area. Such reserved areas shall be so indicated and will require anendment to the Master Plan to include all required contents prior to development. 21.38.080 Prefiling procedure. Prior to filing an appli- cation for a Master Plan, an applicant may prefile the proposal with the Planning Director for review, The Director shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This procedure nay involve a review of the general outline of the proposal. After review, the Planning Director shall furnish the applicant with written comments regarding the review conferences including recommendations as appropriate to inform and assist the applicant prior to his formal application for Master Plan approval. The Planning Director shall submit written comments within twenty days after completion of review or within thirty days after receiving written request for such comment from the applicant. 21-38.090 Planning Director's duties. The Planning Direct0 shall set a Master Plan for hearing before the Planning Commission within sixty days of receipt of a complete application. The hearing date may be extended beyond sixty days provided there is written concurrence from the applicant. The public hearing shall be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. A staff report containing recommendations on the plan shall be prepared and furnished to the public, the applicant and the Planning Commission prior to the hearing. 21.38.100 Planning Commission duties. The Planning Commission shall hear and consider the application for a Master Plan and shall prepare recommendations and findings for the City Council including all matters set out in Section 21.38.110. The action of the Commission shall be filed with the City Clerk and a copy shall be mailed to the applicant. 21.38.110 City Council action. (a) When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council, to be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54; (b) The City Council shall hear the matter and after con- sidering the findings and recommendations of the Planning Commission may by ordinance approve a Master Plan if, from the 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 u 20 21 22 23 24 25 26 27 28 on evidence presented at the hearing, they find that all of the fol- lowing facts exist: Master Plan is consistent with the provisions of the General Plan and any applicable Specific Plans; (2) All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property! community will constitute an environment of sustained desirability and stability; and that it will be in harmmy with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof; (4) The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended; that the design and development standards are such as to create an environment of sustained desirability and stability; and that such development will meet performance standards estab- lished by this title; (5) In the case of institutional, recreational, and other similar nonresidential uses, that such development will be appropriate in area, location and overall planning to the purpose proposed, and that surrounding areas are protected from any adverse effects from such development; suitable and adequate to carry the anticipated traffic thereon; justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed; or can be planned and zoned in coordination and substantial compatibility with said development; any adverse environmental impact as noted in the adopted Environmental Impact Report for the project. cation of a proposed Master Plan as recommended by the Planning Commission unless and until such modification shall have been referred to the Planning Commission for additional study, report and recommendation. Such additional study, report and recom- mendation shall be made by the Planning Commission within thirty days of the date of the referral, unless and except as the City Council may grant the Planning Commission additional time for its review of the matter. Failure of the Planning Commission to act within the time limit shall constitute their concurrence with the (1) The proposed development as described by the (3) The residential and open space portions of the (6) That the streets and thoroughfares proposed are ('7) That any proposed commercial development can be (8) That the area surrounding said development is (9) Appropriate measures are proposed to mitigate (c) The City Council shall make no substantive modifi- 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 21 22 23 24 25 26 27 28 nn City Council's action. 21.38.120 Amendment of Master Plan. (a) The amendment of a Master Plan 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. The Planning Commission shall consider the proposed amendment at its next regular meeting; (2) If the Planning Commission considers the amend- ment minor in nature, the additional graphics, statementsor other information may be approved by the Planning Commission and made a part of the original City Council approval without the necessity of a public hearing; or the boundaries of the subject property or involve an addition of a new use or group of uses not shown on the original Master Plan or the rearrangement of uses within the Master Plan. If the Planning Commission d.etermines that the amendment is not minor or that a hearing is otherwise necessary they shall set the matter for public hearing; submit a completed application with graphics, statements, or other information as may be required to support the proposed modification; for all property within the portion of the Master Plan to be modified; (6) An application for a modification of a Master Plan for which a hearing is required shall be processed, heard, and determined in accordance with the terms of this chapter applicable to the adoption of a Master Plan. to a Master Plan. Such amendments shall be processed, heard and determined in accordance with the terms of this chapter applicable to the adoption of a Master Plan. (1) A request for an amendment shall be submitted (3) A minor amendment shall not change the densities, (4) If public hearing is required the applicant shall (5) A fee of $5Q.00 plus $1.00 per acre is required (b) The City Council may by motion initiate an amendment 21-38.130 Implementation of Master Plan. (a) To insure tha the provisions and requirements of the approved Master Plan are fulfilled the following procedures shall be used: Planning Director shall affix the Naster Plan designation number on the official zone map; shall meet all requirements of Titles 20 and 21 of this Code and the approved Master Plan; Plan pursuant to a special process such as Site Development Plan, (1) Upon final approval of a Master Plan the (2) Subdivisions of land in the Master Plan area (3) Development of property within a Master 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 d u 2c 21 22 22 24 25 2c 27 2f ?lanned Unit Development Permit or Conditional Use permit shall neet all requirements of the permit, the approved ?!laster Plan md the provisions of this title applicable to such permit; xisiness license and home occupations shall meet all requirements if this code and the approved Master Plan. (b) The Planned Community Master Plan process is part of the ongoing City planning effort. It is anticipated that amend- nents to the Master Plan may be necessary prior to completion of thc ?lanned Community. Approval and construction of a sectional part 2f a Plaster Plan shall not vest rights in the remainder of the plan rhe plan is intended rather as a planning framework to insure that the parts of the plan as constituted are properly integrated into the City's planning process. (4) Ministerial permits such as building permits, 21.38.140 Additional standards. The City Council may, by resolution, adopt additional standards of development for !?aster ?lam. 3ate of such regulations shall comply therewith. For amended Yaster Plans that are partially constructed, the new standards shall apply to the undeveloped portions only. Master Plans approved or amended after the effective 21.38.150 Undeveloped. areas of existing planned communi- ties. Undeveloped portions of properties zoned P-C, on the 2ffective date of this chapter, shall be regulated by this section 9s follows: (1) Properties of less than 100 acres shall be con- sidered lawfully nonconforming. The development of such property shall require a Planned Unit Development which shall be accomplishe in accordance with the provisions of Chapter 21.45. If no Master Plan has been approved for the property, the land use shall be consistent with the general plan. If a Yaster Plan has been approved, the density and other provisions of such plan shall con- stitute the underlying zone for purposes of the Planned Unit Development permit; Master Plan has been approved shall comply fully with the pro- visions of this chapter: (3) Properties of more than 100 acres, with an approved Master Plan, shall require Planned Unit Development permits which shall be accomplished in accordance with the provis- ions of Chapter 21.45. plan shall constitute the underlying zone for purposes of the Planned Unit Development permits. The City Council, by motion, or the property owner, by application, may initiate an amendment to the Master Plan to bring it into accord with the provisions of this chapter. If such amendment is approved, the development of such property shall be in accordance with this chapter; approved Specific Plan adopted pursuant to P-C zone regulations in effect prior to the effective date of this chapter, can be develop- ed (2) Properties of more than 100 acres for which no The density and other provisions of such (4) Notwithstanding the above, property with an in accord with such Specific Plan without further processing 9. as required in this chapter." SECTION 2: That Ordinance No. 9445 and Ordinance No.9454 arc hereby repealed. EFFECTIVE DATE: The ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of jrlnP , 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 15tgay of Jilne , 1976, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT: None ATTEST : (SEAL) 10.