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Home My WebLink About1981-10-06; City Council; 9603; CMC 21.45/.47 amends - PC approve PUDs/CPs1 2 3 4 5 6 7 E S 1c 13 1: 1: 14 If It 1' 11 l! 2( 2: 2, 2 2 2 2 2 2 ORDINANCE NO. 9603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 CHAPTER 21.45 AND 21.47 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE CITY'S PLANNED UNIT DEVELOPMENT AND CONDOMINIUM PERMIT PROCEDURES IN ORDER TO ALLOW THE PLANNING COMMISSION TO FINALLY APPROVE CERTAIN PLANNED UNIT DEVELOPMENTS-AND CONDOMINIUMS. The City Council of the city of Carlsbad, California, joes ordain as follows: SECTION 1: That Title 21, Chapter 21.45 is amended by thc 3mendment of Section 21.45.030 to add the words "planning commission when authorized by this Chapter" before the words "city council" in the first sentence thereof. SECTION 2: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Sections 21.45.050, to read as follows: planned unit development shall be made in accordance with the procedures set forth in this section: An application for a planned unit development permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. shall be filed with the Planning Director upon forms provided by him. The application shall state fully the reasons a planned unit development is a proper method to develop the property and shall b accompanied by adequate plans, a legal description of the property and all other materials and information specified by the Planning "21.45.050 Application. Application for a permit for a (1) The application Director; shall pay a processing fee in an amount as specified by City (2) At the time of filing the application the applicant Councii resolution; The application shall be accompanied by a tentative man which shall be filed with the Planning Director in accordance (3) -. with procedures set forth in Chapter 20.12 of this code; planned unit development in phases, the application shall so state and shall include a proposed construction schedule; (5) 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 areas of the property; (4) If the applicant contemplates the construction of a If the project is to provide open space areas and 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 1E 17 1E 15 2c 21 2: 22 24 2: 2c 2'; 2€ (6) If the applicant proposes to convert existing buildings to a planned unit development, the plans shall reflect the existing buildings and show all proposed changes and add it ions . SECTION 3: That Title 21, Chapter 21.45 is amended by the amendment of Section 21.45.070 to read as follows: 21.45.070- -Planning Commission-Action: The Planning Commission shall h old a public hearing on all planned unit development permits. SO or fewer units or lots, the planning commission shall approve, conditionally approve or disapprove the permit. For all planned unit development permits with more than 50 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 for public hearing before the city council. For all planned unit development permits with SECTION 4: That Title 21, Chapter 21.45 is amended by the amendment of Section 21.45.080 to read as follows: 21.45.080- City-Council Action. The city council shall hold a public hearing on a planned unit 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. SECTION 5: That Title 21, Chapter 21.45 is amended by the addition of Section 21.45.081 to read as follows: 21.45.081 -Public~Hearings. 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 unit development permit is consolidated with the hearing on a tentative map under the provisions of Section 21.45.090 notice shall satisfy the requirements of both this chapter and Title 20 of this code. SECTION 6: That Title 21, Chapter 21.45 is amended by the addition of Section 21.45.082 to read as follows: 21 .45 -082 - Required. Findings. (a) The planning commission or city council shall approve or conditionally approve a planned unit development permit only if it finds that all of the following facts exist: necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community. (1) The proposed use at the particular location is i' 1 2 3 4 5 6 7 e 9 10 11 12 13 14 1E 1E 17 1€ 1: 2c 21 22 2: 24 2t 2E 27 2€ (2) Such use will ,not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity . and all minimum development standards set forth in Section 21.45.120 will be met. affect and will be consistent with the general plan for the city, applicable specific plans, and the adopted plans of any governmental agency. (b) In granting a planned unit development permit, the planning commission or city council may modify 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 underlying 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 tc accomplish the purposes of this chapter. (3) All design criteria set forth in Section 21.45.110 (4) The granting of this permit will not adversely SECTION 7: That Title 21, Chapter 21.45 is amended by the addition of Section 21.45.083 to read as follows: 21.45.083 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 unit development project, or any other interested person may appeal, from any action of the planning commission with respect to a planned unit development permit, to the city council. Any such appeal shall be filed with the City Clerk within fifteen days after the action of the planning commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set 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. (b) The decision of the city council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the city council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied. SECTION 8: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Sections 21.45.100, 21.45.120, 21.45.130, and 21.45.160 to insert the words "planning commission or" before the words "city council" whenever they appear in those sections. .3 4 1 2 3 4 5 6 7 e 9 1C 11 12 12 14 1: 1E 17 I€ 1: 2c 21 2: 21 24 2: 2( .2: 2t SECTION 9: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Section 21.45.140 to insert the words "or planning commission for planned unit development permits which it is authorized by this chapter to approve or conditionally approve" after the words "city council" . SECTION IO: That Title 21, Chapter 21.47 is amended by the amendment of Section 21.47.030(a) to read as follows: 21.47.030 Condominium Permit Applications. (a) A condominium permit shall b e required tor all condominiums to be developed in the city. Application for a condominium permit shall be made in accordance with the procedures set forth in this chapter. SECTION 11: That Title 21, Chapter 21.47 is amended by the amendment of Section 21.47.060 to read as follows: 21.47.060 -Planning Commission Action. The planning commission shall h old a public hearing on all condominium permits. For all condominium permits with 50 units or less, the planning commission shall approve, conditionally approve or disapprove the permit. code, the general plan and any applicable master or specific plans. For all condominium permits with more than 50 units, the planning commission shall prepare a report and recommendation for the city council. This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the city council. Such determination shall be made in accord with this SECTION 12: That Title 21, Chapter 21.47 is amended by the amendment of Section 21.47.070 to read as follows: 21 .$LO70 City-Council Action. The city council shall hold a public hearinq on a condominium permit for which the planning commission has filed a report with the City Clerk. At tht public hearing, the city council shall review the planning commission's report, shall consider the evidence and shall approve, conditionally approve or disapprove the permit. Such determinatio1 shall be made in accord with this code, the general plan and any applicable master or specific plans. SECTION 13: That Title 21, Chapter 21.47 is amended by the addition of Section 21.47.075 to read as follows: //// //// .4 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 -47.075 Appeal of Planning Commission Decision. (a) The applicant, any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium, or any other interested person may appeal, from any action of the planning commission with respect to a condominium permit, to the city council. Any such appeal shall be filed with the City Clerk within fifteen days after the action of the planning commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set 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. council is final. with the provisions of this code and shall be supported by appropriate findings. time limits specified in this section, the appeal shall be deemed denied. The decision of the city (b) The decision of the city council shall be consistent (c) If the city council fails to act on an appeal within the SECTION 14: That Title 21, Chapter 21.47of the Carlsbad Municipal Code is amended by the amendment of Sections 21.47.130 and Section 21.47.160 to insert the words "planning commission or" before the words "city council" whenever they appear in those sections. 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 I Carlsbad City Council held on the 15th day of September 1981, and thereafter //// //// //// //// .5 14 15 16 17 If 19 1 20 21 22 23 24 25 26 27 28 PASSED, AND ADOPTED at a regular meeting of said City Council day of October , 1981, by the following held on the 6th vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES : None ABSENT: None L&&dP& L- RONALD c/. PACKARD, Mayor MARY H. cAsz;ER, Vice myor ATTEST : i!k& %!* ALETHA L. RAUTENKRANZ, Clty e (SEAL) .6