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HomeMy WebLinkAbout1976-06-15; City Council; 9459; CMC 21.04 amends/21.45 adds - PUD regs adopted1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 u u 20 21 22 23 24 25 26 27 28 an 21.45.030 21.45.040 21.45.050 21.45.060 21.45.070 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 Planned Unit Development permit. Permitted uses. Application. Planning Director's duties. Planning Commission duties. City Council Action, Combined proceedings. Permit to show reservation for opt Design criteria. Developnent standards. Failure to utilize Planned Unit Development permit. Extension of time. n spac Cancellation of a Planned Unit Development Permit. Amendments. Final map. Final Planned Unit Development plan. Certificate of occupancy. ??aintenance. Failure to maintain. Restriction on reapplication for a Planned Unit Development permit. Intent and purpose. The intent and x)urpose of 21.45.010 LL L.. the Planned Unit Development regulations are to: (1) (2) Encourage imaginative and innovational planning Facilitate comprehensively planned development of areas in accordance with applicable general and specific plans; of residential neighborhoods and commercial and industrial areas by offering a wide variety of dwelling units and building types and site arrangements with well-integrated community facilities and services; (3) Relate the project to the surrounding area and the topography and other natural characteristics of the site; (4) Permit greater flexibility in design than is possible through strict application of conventional zoning and subdivision regulation; to a Planned Unit Development. (5) Provide for conversion of existing developments 21.45.020 Definition. A Planned Unit Development is a project improved in accordance with a comprehensively planned overall development plan and is characterized by the following: or intensity of use, in which the Planned Unit Development is located, are applied to the total area of the Planned Unit Develop- ment rather than separately to individual lots or building sites; (1) The regulations of the zone, regarding density 2. 1 2 Z U 4 5 E 7 E 5 IC 1: 1: 1; 21.45.050 Application. Application for a permit for a Planned Unit Development shall be made to the City Council through the Planning Department and Planning Commission in accordance aith the procedures set forth below: permit may be made by the record owner or owners of the property on which the development is proposed to be constructed. Application shall be filed with the Secretary of the Planning Commission upon forms provided by the Secretary and shall state fully the reasons a Planned Unit Development is a proper method to develop the property and shall be accompanied by adequate plans, a legal description of the property involved and an explanation and description of the proposed use. prescribe the form and content for such applications; when application for a Planned Unit Development permit is made; tentative map which shall be filed with the Secretary of the Planning Commission in accordance with procedures set forth in Chapter 20.12; indicating the design of the proposed buildings, landscape plan, and building elevations and cross-sections of any proposed grading. Applications for a project including lot sales or future custom building programs may, with the exception of grading, exclude such (1) An application for a Planned Unit Development The The Planning Commission may (2) A fee of $50.00 plus $1.00 per unit shall be paid (3) The application shall be accompanied by a (4) The application shall be accompanied by drawings 2 2 2 2 2 2 2 2 0 (2) The right to use and enjoy any privately owned :omon open areas and recreational facilities provided on the site if the Planned Unit Development shall be coupled with the severalty interests of the owners of the dwelling units. nay be of lots, PUD-lots or condominiums or combination thereof. 1 Planned Unit Development shall include the conversion of an ?xisting development to a condominium or other multi-ownership Iro j ect ; :he development to the site and the surrounding area by the modi- Eication of the requirements of the underlying zone to accommodate :he project as approved. Ownership (3) Imaginative planning and design is used to relate 21.45.030 Planned Unit Development permit. The City Council nay approve a permit for a Planned Unit Development in any zone x- combination of zones subject to the requirements thereof except 3s they may be increased or decreased in accord with this chapter. Uhen approved, a Planned Unit Development permit shall become a ?art of the zoning regulations applicable to the subject property. 21.45.040 Permitted uses. Any principal use, accessory use transitional use or conditional use permitted in the underlying zone is permitted in a Planned Unit Development. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 on k u drawings for the lot sale or custom areas provided a text is sub- mitted containing limitations and parameters of development criteria of those development standards listed in Section 21.45.12C and any other criteria that nay be deemed necessary; (5) If the applicant contemplates the construction of a Planned Unit Development in phases, the application shall so state and shall include a proposed construction schedule; (6) If the project is to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the City, for the preservation and maintenance of the common elements of the property buildings to a Planned Unit Development, the plans shall reflect the existing buildings and show all proposed changes and additions; environment as noted in the Environmental Impact Report or Environmental Impact Assessment, the application shall contain the measures proposed to mitigate such impacts; topographic map indicating present grade and proposed changes, and typical cross-sections of the project sufficient to show the proposed method of developing the site. (7) If the applicant proposes to convert existing (8) If the project will cause adverse impact on the (9) The application shall be accompanied by a 21.45.060 Planning Director's duties. If the Planning Director determines that the application contains all of the items required by this chapter, he shall set the matter for a hearing on a practicable date. The public hearing shall be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. Notice of the time and place and purpose of the hearing shall be given in the same manner as a change of zone. 21.45.070 Planning Commission duties. The Planning Commission shall hear and consider the application for a Planned Unit Development permit and shall prepare a report and recommenda- tion for the City Council. The report shall include recommenda- tions and findings on all of the matters set out in Section 21.45.080. A copy of the report shall be filed with the City Clerk and shall be mailed to the applicant. 21.45.080 City Council action. (a) When a report on a Planned Unit Development 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. considering the Planning Commission's report may, by resolution, grant a Planned Unit Development perrnit if it finds from the evidence presented at the hearing that all of the following facts exist: is necessary and desirable to provide a service or facility which (b) The City Council shall hear the matter and after (1) That the proposed use at the particular location 4. 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 le 17 1€ 15 2c 23 2: 2: 24 2: 2E 27 2E cIr will contribute to the general well-being of the neighborhood and the community; health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity ; 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met; (4) That the granting of this permit will not adver- sely affect and will be consistent with the general plan for the City of Carlsbad, applicable specific plans, and the adopted plans of any governmental agency: City Council may make modification to the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. Any development standards of the under lying zone in which the property is situated including, but not limited to, signs, fences, walls, maximum building height, minimum yards, maximum building coverage and off-street parking may be increased or decreased or otherwise modified as necessary to accomplish the purposes of this chapter. Such modifications or conditions by the City Council are final and need not be referred to the Planning Commission. (2) That such use will not be detrimental to the (3) That all design criteria set forth in Section (C) In granting a Planned Unit Development permit, the 21.45.090 Combined proceedings. All proceedings with regard to the tentative map submitted with an application for a Planned Unit Development permit shall be combined with the proceedings for the permit. An application for a Planned Unit Development permit shall be deemed to be a consent by the applicant to a waiver of the time limits for City action on the tentative map contained in Chapter 20.12 and the Subdivision Map Act. 21.45.100 Permit to show reservation for open space. A Planned Unit Development permit shall show land reserved as open space if such open space is to be provided for the common use of the occupants of the Planned Unit Development. The City Council may require the tentative map, submitted with the application, to also show the open space as an easement. If common open spaces are reserved in accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the City of Carlsbad being granted an easement in a form acceptable to the City, limiting the future use of common open spaces and preserving them as open spaces. 21.45.110 Design criteria. The Planned Unit Development shall observe the following design criteria: (1) The overall plan shall be comprehensive, embrac- ing land, buildings, landscaping and their interrelationships and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located; 5. 1 2 3 4 5 6 7 a 9 10 11 12 1: n 14 0 2c 21 22 2: 24 25 26 27 2E nn (2) The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site; (3) The proposed development shall be compatible with existing and planned land use and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community; (4) The internal street system shall not be a dominan 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 activity and function of any common areas and facilities; 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 ; (6) Architectural harmony within the development and within the neighborhood and community shall be obtained so far as practicable. (5) Common areas and recreational facilities shall be 21.45.120 Development standards. In addition to the general provisions of this title, the requirements of the underlying zones, and this chapter, a Planned Unit Development shall comply with the following standards: Planned Unit Development shall not exceed the density permitted in the underlying zone. The density regulations of the zone may be applied to the total area of the Planned Unit Development rather than separately to individual lots. When calculating density the right-of-way of public streets or private streets or drives designated as streets, within the interior of the project, may be included in the total project area. If the property involved is composed of land falling in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a Planned Unit Development the permitted number of dwelling units may be distributed without regard to the underlying zoning; (2) Yards: Special building setback or yard require- ments may be established which are based on design and relation of buildings to each other and to topography. However, all structures shall be set back from the right-of-way of public or private street at least ten feet, except parking structures with an entrance at approximate right angles from a public or private street, shall maintain a minimum setback of twenty-five feet from the sidewalk or curbline, if a sidewalk does not exist, toward which it is directed. parable with the intended use, the terrain, and the surrounding land uses as determined by the City Council upon approval of the Planned Unit Development. However, in no instance shall coverage exceed the coverage requirements of the zone; 6. (1) Density: The number of dwelling units in a (3) Coverage: The permitted coverage shall be com- 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 2% 22 24 25 26 27 28 Qa !z u (4) Height: The permitted height of buildings and structures shall meet the requirement of the underlying zone, except greater heights may be permitted if the City Council finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and area, and not unduly block the view of surrounding properties and scenic highways : ments shall provide parking in accord with the requirements of the underlying zone. parking as follows: requirements equal to or less than the R-1 zone shall have a mini- mum of two covered parking spaces (garage or carport) for each dwelling unit. Residential zone classifications with density requirements greater than the R-1 zone shall have a minimum of one- and-one-half covered spaces (garage or carport) for each dwelling unit. The parking for each unit shall be located within two hundred-fifty feet of such unit, (b) Visitor parking in addition to the require- ments of subsection (a) shall be provided at a ratio of one space for every unit, which shall be so located as not to interfere with on-site circulation and to be conveniently accessible to the units they are intended to serve. Credit may be given for on- street parking provided the street is totally within the project and a parking lane is provided. storage of campers, trailers, boats, etc., shall be pro9ided for Planned Unit Developments containing five or more residential dwelling units. The area provided for this storage space shall be at least equal to forty square feet for each dwelling unit. storage space shall be screened from view by a view-obscuring fencc wall or landscaping. The storage space may be offsite provided the property to be used as storage is part of the application for the Planned Unit Development permit and that no other development may occur on this property without an amendment to such permit. Furthermore, the City Council must find evidence that such offsite storage area is suitable and not detrimental to the surrounding properties of such storage area; may be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary by the City Council. containing five or more parking spaces shall be effectively screened from abutting residential zoned property by permanent buildings or alleys, or by a twenty-foot wide landscaped setback, or by a six-foot high view-obscuring wall, fence or landscaped screen between the parking area and such abutting residential property. If such parking area is visible from a street, either (5) Parking: Nonresidential Planned Unit Develop- Residential Plannec? Unit Developments shall provide (a) Residential zone classifications with densFt (6) Storage space: Storage space to accommodate Said (7) Refuse areas: Centralized refuse pickup areas (8) Screening of parking area: Open parking areas 7. 1 2 3 4 5 6 7 € s 1c 11 12 1: 14 9 21 2: 2; 2L 2: 2t 2: 2E qr public or private, it shall be screened from such street by a thirty-six inch high view-obscuring wall or fence that is at least ten-feet from the exterior property line. The exterior yard wall is not required if the parking area is screened from the street with landscaped area at least twenty-feet in depth. Screening shall not exceed thirty-six inches in height within areas corres- ponding to the required exterior yard setback of any abutting residentially zoned or residentially developed property; (9) Usable Open Space - Residential: (a) Common open space areas designed for recreational use such as swimming pool, tennis court, golf course, children's playground, picnic area, shall be provided for all residential developments based on the density of the project as follows: Amount of Usable Range of Dwelling Units Open Space Area Less than 4 600 Per Gross Acre Square Feet per D.U. 4 to 9.99 10 to 20 Greater than 20 400 200 100 Areas designed for active recreational uses located on roofs of buildings or structures but not involving private patios, yards, parking areas or storage areas may satisfy the open space require- ment, (b) The City Council may require the preserva- tion of scenic natural features such as rock outcroppings, creeks, wooded areas, vistas or other features deemed worthy of preserva- tion. Credit for the usable open space requirement nay be given on an equal ratio up to 50% of the requirement, and recreation areas shall be readily accessible to all dwelling units, open space areas will not constitute a health, safety, fire or drainage problem. open space for nonresidential developments shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area as measured at ground level only. intended that this open space be landscaped and placed near each main building. It shall be in addition to landscaping required by the underlying zone: (11) Landscaping Standards: Open areas (not used for recreation areas, paving or private yards) shall be landscaped, provided with an underground watering system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and where landscaped areas are commonly owned, provisions shall be made for maintenance; underlying zone, community identity signs identifying the entire (c) Commonly owned and maintained open space (d) Provisions shall be made to insure that all (10) Open Space Required - Nonresidential: Landscapec It is (12) Signs: In addition to signs allowed by the 8. 1 2 z U 4 5 6 7 e 9 IC 11 1% 12 D 14 21 22 22 24 25 26 27 28 29 Planned Unit Development or major portions thereof, may be approved by the City Council as part of the Planned Unit Development permit. The type, location, height and size of signs shall be determined by the City Council as a part of the permit and shall relate to the location and design of the Planned Unit Development; (13) Placement of buildings: (a) The distance between any building used for human habitation and any other building shall be not less than ten-feet, or structures shall be not less than five-feet, building shall be not less than ten-feet, be attached or combined into a single structure in a Planned Unit Development, be established for a Planned Unit Development, based on design and relation of buildings to each other and to surrounding areas. In addition to yard requirements, no building shall be closer than ten-feet to the curb or edge or pavement of any private or public street. 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 requirements of the City's street improvement standards. The City Council shall determine the width of private streets which shall in no event be less than the nknimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: (b) Distance between any uninhabited buildings (c) The distance between wings or courts of a (d) Two or more individual building units may (e) Special building setback requirements may (14) Streets: Private streets may be permitted within Type of Street No Parking Park One Side Park Both Sides Feet Feet Feet One-way 14 21 28 Two-way (Serving 8 DU's or less) 24 Two-way (Serving more than 8 DU's) 24 2% 32 30 36 Sanitary sewers and storm drains in private streets in Planned Unit Developments shall be constructed to City standards; adjacent to all on-street parking areas and shall connect all building entrances, recreational buildings and parking areas. Side. walks shall be concrete with an unobstructed width of four-feet. Alternate materials such as tile, brick or wood may be used as (15) Pedestrian walkways: Sidewalks shall be provided 9. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 1E 17 1€ 15 2c 21 22 2; 24 2: 2c 2'; 21 nr architectural features with City Council approval. In addition, the City Council may require and specify construction standards for hiking, equestrian and bicycle paths; vehicular safety and sufficient to minimize security problems shall be provided; (17) Utilities: All distribution utilities of a Planned Unit Development shall be placed underground. Individual dwelling unit television antennas shall not be permitted above the roof line of the residences in Planned Unit Development where the density factor is four or more dwelling units per acre. Master television antennas are permitted provided the location and height are approved as part of the Planned Unit Develop- (16) Lighting: Lighting adequate for pedestrian and of such antennas ment permit; (18 less of the type individual unit, constructed with Building construction requirements: (a) Regard of construction required by codes, each attached either land division or air space, shall be one-hour fire resistive construction for all separation walls, floors and ceilings of each occupancy, each occupancy or unit. meet the requirements of Title 20, or the underlying zone, may be approved. There are no size norconfiguration standards for such lots beyond those imposed as a part of the permit but they shall be reasonable as to intended use and relation to the project and the surrounding area. (b) A separate utility system is required for (19) Planned Unit Development lots: Lots that do not 21.45.130 Failure to utilize Planned Unit Development Permit. Council as herein provided shall be conditioned upon the privileges granted being utilized within eighteen months after the effective date thereof. Failure to utilize such permit within this eighteen- month period will automatically void the same, unless an extension of time has been granted pursuant to Section 21.45.140. Construc- tion must actually be commenced within the stated periodand must be diligently prosecuted to completion. If the City should find that there has been no construction, substantial in character, performed under said permit, or that there has been a lapse of work for six months, they may revoke the permit. During the eighteen- month period referred to herein, or during any extension thereof, the property covered by the Planned Unit Development permit shall not be used for any purpose or use other than that authorized by the permit. Any Planned Unit Development permit granted by the City 21.45.140 Extension of time. The City Council may, by resolution. arant an extension of time for a Planned Unit Develop- ment permit in accord with the procedures of Section 20.12.110. 10. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 ga + 0 - 21.45.150 Cancellation of a Planned Unit Development Permit. A Planned Unit 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. The Planning Director shall inform the City Council of all such com.unications. The permit shall become void one hundred twenty days after receipt of the communication in the offic of the Planning Department. 21.45.160 Amendments. (a) Amendments to a Planned Unit 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. 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, statement or other information may be approved by Planning Commission Resolution and made 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 permit or the rearrangement of uses within the development, or changes of greater than 10% 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 they 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; for all property within the portion of the Planned Unit Development t~ be amended; Unit 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 Unit Development permit. a Planned Unit 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 Unit Develop permit . (1) A request for an amendment shall be submitted (3) A minor amendment shall not change the densities (4) If a public hearing is required, the applicant (5) A fee of $50.00 plus $1.00 per unit is required (6) An application for an amendment of a Planned (b) The City Council may by motion initiate an amendment to 11. 21.45.170 Final map. Building permits for construction with- in the proposed Planned Unit Development shall not be issued &til 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 Unit Development permit prior to recordation of the final map provided that adequate provisions, acceptable to the City Attorney, are made guaranteeing removal of such complex if the final map is not recorded. 21.45.180 Final Planned Unit Development plan. (a) Building permits for construction within the proposed Planned Unit Develop- ment shall not be issued until the applicant has filed and secured approval of a final Planned Unit Development plan. (b) The final Planned Unit Development plan shall be sub- mitted to the Planning Director within eighteen months from date of approval of the tentative Planned Unit Development permit or within the period of any extension of said permit. The plan shall reflect all required revisions and refinements. The final Planned Unit Development plan shall include: (1) Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas, Said plan shall include any offsite work necessary for proper access, or for the proper operation of water, sewerage or drainage systems; (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 screening; areas, walks and recreation areas. (c) Where a Planned Unit Development contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restric- tions with the final Planned Unit Development plan. Such declara- tion shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibili- ties of said common ownership and shall be reviewed by and subject to approval by the Planning Director and City Attorneyi (d) A final Planned Unit Development plan may be submitted for a portion of the development provided the City Council approv- ed the construction phases as part of the permit and subdivision map approval. within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule formity to the requirements of this chapter and the Planned Unit Development permit. (5) A plan for lighting of streets, driveways, parking The plan for the first portion must be submitted (e) The Planning Director shall review the plan for con- If he finds the plan to be in substantial con- 12. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 2c k 0 21 22 22 24 25 26 27 28 nn formance with 21.45.1 all 0 - such requirements, he shall approve the plan. ertificate of occupancy. A certificate of occupancy shall not be issued for any structure in a Planned Unit Development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, Planning Director and the Director of Building and Housing. 21.45.200 Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be main- tained 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. 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 shall be, and the same is hereby declared to be, unlaw- ful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding communityl 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, and the costs thereof shall be assessed against the owner or owners of the project, whose names appear on the last equalized assessment roll as owners of real property within the project, at the address shown on said 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 indentur or agreement. The City Engineer shall 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, (d) The notice shall particularly specify the work required to be done and shall state that if said work is not commenced with- in five days after receipt of such notice and diligently and with- out interruption prosecuted to completion, the City of Carlsbad 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, for in subsection (d) above, the work has not been done, or having been commenced, is not being performed with diligence, the City (b) In addition to any other remedy provided by law for (c) The notice shall be in writing and mailed to all persons (e) If upon the expiration of the five-day period provided 13. 1 2 3 4 5 6 7 a 9 10 11 12 13 n 14 2c 21 22 2: 24 25 26 27 2E k 0 qn 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 the cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests 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) above of the hour and place that the City Council will pass upon said City Engineer's report and will hear protests against said assessments. Such notice shall also set forth the amount of the proposed assess- ment? the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to con- firm, modify or reject the assessments, (9) A list of assessments as finally confirmed by the 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 of San Diego a notice of lien, substantially in the following form: (f) Upon the date and hour set for the hearing of protests NOTICE OF LIEN Pursuant to Chapter 21.45, Title 21, of the Carlsbad Municipal Code (Ordinance No. ), the City of cause maintenance and report work to be done in the Planned Unit Development project known as which was constructed under Planned Unit Development permit No. , for the purpose of abating a public nuisance and enforcing com- pliance with the terms of said permit, and the Council of the by its Resolution No. the cost thereof upon the real property hereinafter des- cribed, 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 said sum with interest thereon at the rate of six percent per annum from the date of the recorda- tion 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 Cali- fornia, particularly described as follows: Carlsbad did on the day of I 19 I City of Carlsbad did on the day of I 19 I assess the cost or portion of (Description of property) Dated this day of I 19 City Clerk, City of Carlsbad 14 (h) From and after the date of the 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 rate of six percent per annum until paid in full. Said lien shall continue-until the amount of the assessment and all interest thereon shall have 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 contractural 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. 21.45.220 Restriction on reapplication for a Planned Unit Development permit, No application for a Planned Unit 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. " EFFECTIVE DATE: The orclinance shall be effective thirty days after its adoption, and the City Clerk shall certify to theadoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED APJD FIRST -AD at a regular meeting of the Carlsbad City Council held on the 1st day of June , 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 15th day of June , 1976, by the followin9 vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT : No n e Counci 1 woman Cas1 er ATTEST : (SEAL) ' 15.