Loading...
HomeMy WebLinkAbout1979-10-02; City Council; 9535; CMC 21.38/.45/.47 amends - Condo regs revised2 3 4 5 6 7 E! 9 ZC 11 12 0 1E 2( 2: 2: 2; 2d 21 2( 2' 21 ORDINANCE NO. 9535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.38, 21.45 AND 21.47 OF THE CARLSBAD MUNICIPAL CODE ~~ BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE REGULATIONS FOR CONDOMINIUMS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21-38 of the Carlsbad Municipal Code is amended by the amendment of Section 21.38.150 to read as follows: "21.38.150 Undeveloped areas of existing planned communities. effective date of this chapter shall be regulated by this Undeveloped portions of properties zoned P-C on tLLe section as follows: considered lawfully nonconforming. The development of such property shall require a planned unit development permit or a condominium permit issued in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. approved for the property, the land use shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall constitute the underlying zone for purposes of the planned unit develop- ment or condominium permit. Properties of more than one hundred acres for which no master plan has been approved shall comply fully with the provisions of this chapter. Properties of more than one hundred acres, with an approved master plan, shall require either a planned unit development or permits which shall be accomplished in accord- ance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. density and other provisions of such plan shall constitute the underlying zone for the purposes of the planned unit development or condominium 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. such property shall be in accordance with this chapter. (4) property with an approved specific plan adopted pursuant to P-C zone regulations in effect prior to the effective date of this chapter can be developed in accord with such specific plan without further processing as required in this chapter." (1) Properties of less than one hundred acres shall be If no master plan has been (2) (3) The If such amendment is approved, the development of Notwithstanding the provisions of this section, .' 1 2 3 4 5 IC 11 12 n 6 1$ 2( 2: 2: 2; 2d 2! 2r 2' 2i SECTION 2: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Section 21.45.020 to read as follows: "21.45.020 Definition. A "planned unit development" is a project improved in accordance with a comprehensive planned overall development plan, defined as a planned development by Section 11003 of the Business and Professions Code of the State of California and is characterized by the following: (1) The regulations of the zone regarding density or intensity of use in which the planned unit development is located are applied to the total area of the planned unit development rather than separately to individual lots or building sites. The right to use and enjoy any privately owned common areas and recreational facilities provided on the site of the planned unit development shall be coupled with severalty interests of the owners of separately owned lots, parcels or areas. development to the site and the surrounding area by the modification of the requirements of the underlying zone to accommodate the project as approved. (2) (3) Imaginative planning and design is used to relate the SECTION 3: That Title 21, Chapter 21.47, Section 21.47.030 of the Carlsbad Municipal Code is amended by the addition to Subsection (c) of the following language: "If a subdivision map has previously been recorded on the lot permitting the use of the property for condominium develop- ment, a tentative map is not required, provided that the proposed condominium is consistent with the previously filed tentative map. However, a condominium permit processed according to this chapter is required." SECTION 4: That Title 21, Chapter 21.47 of the Carlsbad Municipal Code is amended by the amendment of Sections 21.47.050 and 21.47.060 to read as follows: 1121.47.050 Transmittal to the Planning Commission. The Planninq Director shall transmit the application for a condo- minium permit, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports and processing have been completed. When an application is relative to another discretionary permit, it may be considered by the Planning Commission concurrent with their consideration of such discretionary permit. be given as provided in Section 21.54.060(1) of this Code. Notice of the public hearing shall -2- 1 2 3 4 F U E s 1C 11 l! 21 2: 2, 2 2, 2 2 2 2 21.47.060 Planning Commission report. The Planning Commission shall consider the application for condominiums and shall prepare a report and recommendation for the City Council. This report and recommendation shall be forwarded -0 the City Clerk who shall set the matter for public hearing before the City Council." SECTION 5: That Title 21, Chapter 21.47, Section 21.47.130 of the Carlsbad Municipal Code is amended by the amendment of Subsections (1) (A), (2) (C) , (5) , (6) , (8) (B) and (11) to read as follows: I' (1) (A) Setbacks from the right-of-way of a private street of at least ten feet for habitable buildings and five feet for all other structures is required. Parking structures with an entrance at approximate right angles to the private street shall maintain a minimum setback of twenty-five feet from a pedestrian walkway or curbline if a walkway does not exist. I' "(2)(C) Credit may be given for on-street parking for parking spaces available on the public street directly in front and on the same side of the street as the project. An on-street parking space shall be at least twenty-four feet in length for interior spaces and twenty feet in length for spaces at the end of a parking row. extend into any portion of a driveway opening," be required for development with five or more units unless condominium plans specifically show provisions for individual pickup. Centralized refuse pickup areas shall be constructed of three and one-fourth inch Portland cement concrete floor, six foot high masonry walls and metal framed solid gate, unless adequace alternative materials are specifically approved as a part of the condominium permit. The centralized refuse area shall be accessible to refuse trucks, and not readily visible from a public street. accommodate a three cubic yard container for every ten living units. Refuse areas in parking structures shall be permitted upon specific approval of the Public Works Administrator and the Fire Chief. Refuse areas so located need not be enclosed with walls and gates. these refuse areas shall contain self-closing lids." Furthermore, no parking space shall (5) Refuse area. Centralized refuse pickup areas shall The refuse area shall be designed to However trash containers placed in four each "(6) Storage Space. Separate storage space of at least hundred eighty cubic feet in area shall be provided for unit. 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 -3 - 1 2 3 4 5 6 7 8 9 ZC 11 15 2c 21 22 2: 24 2E 2t 27 2E parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit." "(8) (B) The minimum of any lineal dimension of any of the areas shall be at least ten feet; except balconies used for open recreation may qualify provided the minimum of any lineal dimension is six feet." "(9) Landscaping. For developments with five or more units a preliminary landscape and irrigation plan shall be submitted with the condominium application indicating plant type and irrigation design. Whenever possible, this plan shall include water conservation measures and low maintenance landscaping." 'I (11) Utilities. (A) Separate gas, and electric services shall be required for each unit, except common meters may be permitted if a finding is made that there are unusual circumstances or orientation to the use of the units such as short term rentals, or association with a hotel that would permit common meters without adverse effects on the nature and use of the units as residential condominiums. Meters may either be at the unit or in easily located clusters. Separate water service shall be required for detached units and units that share a common wall (wall is not the combination of floor and ceiling). Meters may either be at the unit or in easily located clusters. storied building, this permitted common meter is required for each main multi-storied building. water meters shall also have a separate water meter for water servicing common landscape and recreation areas. underground. (B) (C) Common water service is permitted for multi- (D) Condominiums where the units have separate (E) All distribution utilities shall be placed EFFECTIVE DATE: This 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 18th day of September , 1979 and thereafter /// /// -4- 7 8 9 1.0 11 PASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of October , 1979 by the following vote, to wit: AYES : Councilmen Anear, Lewis and Councilwoman Casler NOES : None ABSENT: Councilman Skotni ABSTAIN: Councilman Packar ATTEST : (SEAL) -5-