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HomeMy WebLinkAbout1982-07-20; City Council; 9631; CMC 21.45 amend/.47 delete - Condo/condo conversions PUDs1 2 3 4 5 6 7 8 9 10 l1 /I 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 21.45 AND THE DELETION OF CHAPTER 21.47 TO REVISE THE PROVISIONS FOR PLANNED UNIT DEVELOPMENTS AND CONDOMINIUMS AND CONDOMINIUM CONVERSIONS. The City Council of the city of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, of the Carlsbad Municipal Code is amended by the deletion of Chapter 21.47. SECTION 2: That Title 21, of the Carlsbad Municipal Code is amended by the amendment of Chapter 21.45 to read as follows: "ChaPter 21 . 45 PLANNED DEVELOPMENT Sections: 21.45.010 21.45.020 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 . 1 10 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 21.45.230 Intent and Purpose. Planned Development Permit. Permitted Uses. Application. Transmittal to the Planning Commission. Planning Commission Action. City Council Action. Design Criteria. Development Standard s . Conversion of Existing Buildings to Planned Developments. Notice to Tenants of Existing Buildings Being Converted to Planned Developments. Tenant Relocation Expenses. Expiration, Extension, Revisions. Approval of projects of four units or less by Planning Director. Cancellation of a Planned Development Permit. Amendments. Final Map. Final Planned Development Permit. Certificate of Occupancy. Maintenance. Failure to Maintain. Restriction on Reapplication for a Planned Development Permit. Variance 1 2 3 4 5 6 7 8 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 21.45.010 Intent and Purpose. The intent and purpose of the Planned Development requlations are to: (1) ensure tgat projects develop in accordance with the (2) allow flexibility in project design while providing for (3) encourage creatively designed projects using the general plan and all applicable specific and master plans; essential development standards; concepts contained in the city's adopted design policy as contained in the Design Guidelines Manual. topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources; (5) provide for projects which are compatible with surrounding developments; (6) ensure that the project's circulation system is designed to be efficient and well integrated with the overall city circulation system and which does not dominate the project; (7) provide a method to approve separate ownership of units within multiple-unit buildings or upon a parcel of land containing more than one unit; (8) provide for a method to approve separate ownership of Planned Unit Development lots as defined herein; (9) regulate the design and location of buildings in condo- minium subdivisions to insure that the quality of development is reasonably consistent with other forms of development intended for separate ownership; condominiums provided such conversion meets the intent of this chapter and standards which apply to units constructed as condo- miniums. (4) encourage development which is sensitive to the natural (10) provide for conversion of existing developments to 21.45.020 Planned Development permit. A Planned Development Permit shall apply to residential projects only. The City Council, Planning Commission or Planning Director, as provided in this chapter may approve a permit for a Planned Development in any residential zone or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. When approved, a Planned Development permit shall become a part of the zoning regulations applicable to the subject property. The application for a Planned Development shall state whether the applicant intends to develop the project as a Planned Unit Development, Condominium Project, Stock Cooperative Project, or Community Apartment Project. For purposes of this chapter, a Planned Unit Development is defined by Section 11003 of the Business and Professions Code of the state, a condominium project is defined by Section 1350 of the Civil Code of the state, a stock cooperative project is defined by Section 1103.2 of the Business and Professions Code of the state and a community apartment project is defined by Section 11004 of the Business and Professions Code of the state. 21.45.030 Permitted uses. Any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted in a Planned Development. In addition, the Planning Commission or City Council may permit attached multi-family units as part of a Planned Development in 2. 3 1 2 3 4 5 6 7 a 9 1c 11 2c 21 2f 2e 27 28 and single-fimily zone if they find that the units are developed in a manner that is compatible with surrounding land uses, will not create a disruptive or adverse impact to the neighborhood and are consistent with the purpose and intent of the underlying zone . 21.45.040 Application. Application for a permit for a Planned Development shall be made in accordance with the procedures set forth in this section: An application for a Planned Development permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by him. The application shall state fully the reasons a Planned * Development is a proper method to develop the property and shall be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Planning Director; (2) At the time of filing the application the applicant shall pay a processing fee in an amount specified by City Council resolution; The application shall be accompanied by a tentative map which shall be filed with the Planning Director in accordance with procedures set forth in Chapter 20.12 of this code. If the project contains four or less lots or units, the application shall be accompanied by a tentative parcel map which shall be filed with the City Engineer in accordance with procedures set forth in Chapter 20.24 of this code. Planned Development in phases, the application shall so state and shall include a proposed phasing schedule; If the applicant proposes to convert existing buildings to a Planned Development, the plans shall reflect the existing buildings and show all proposed changes and additions. (1) (3) (4) If the applicant contemplates the construction of a (5) 21.45.050 Transmittal to the Planning Commission. The Planninq Director shall transmit the application for a Planned Development, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports and processing have been completed. sidered by the Planning Commission concurrent with their consid- eration of any related discretionary permit. An application may be con- 21.45.060 Planning Commission action. The Planning Commission shall h old a public hearing on all Planned Development permits. units or lots, the Planning Commission shall approve, conditionally approve or disapprove the permit. Development permits with more than 50 units or lots, the Planning Commission shall prepare a report and recommendation for the City Council. on the matters set out in this chapter and shall be forwarded to the City Clerk who shall set the matter or public hearing before the City Council. For all Planned Development-permits with 50 or fewer For all Planned The report shall include findings and recommendations 3. 1 2 3 4 5 6 7 8 9 3.0 11 12 L3 19 20 21 22 23 24 25 26 27 28 21.45.070 City Council action. The City Council shall hold a public hearinq on a Planned Development permit for which the Planning Commission has filed a repokt with the City Clerk. At t 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. 21.45.071 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 Development permit is consolidated with the hearing on a tentative map under the provisions of Section 21.45.050 notice shall satisfy the requirements of both this chapter and Title 20 of this code. 21.45.072 Required Findings. (a) The Planning Commission or City Council shall approve or (1) The granting of this permit will not adversely conditionally approve a Planned Development permit only if it finds that all of the following facts exist: affect and will be consistent with this code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies. (2) The proposed use at the particular location is nec- essary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community; safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; minimum development standards set forth in Section 21.45.090; (5) The proposed Planned Development meets all of the design criteria set forth in Section 21.45.080 and has been designed in accordance with the concepts contained in the Design Guidelines Manual; and blend in with the natural topography of the site; nificant natural resources on the site; development and does not create a disharmonious or disruptive element to the neighborhood; designed to be efficient and well integrated with the project and does not dominate the project. Commission or City Council may modify 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, yards, parking , coverage, signs, fences, and walls, may be modified by the Planning Commission or City Council as necessary to accomplish the purposes of this chapter. (3) Such use will not be detrimental to the health, (4) The proposed Planned Development meets all of the (6) The proposed project is designed to be sensitive to (7) The proposed project maintains and enhances sig- (8) The proposed project is compatible with surrounding (9) The proposed project's circulation system is (b) In granting a Planned Development permit, the Planning 4. 1 2 3 4 5 6 7 a 9 3.0 11 12 n 19 20 21 22 23 24 25 26 27 28 21.45.073 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 Development project, or any other interested person may appeal, from any action of the Planning Commission, or from any action of the Planning Director on projects processed in accordance with Section 21.45.140 with respect to a Planned Development permit, to the City Council. Any such appeal shall be filed with the City Clerk within ten 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. 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. Within ten days 21.45.075 Design Guidelines Manual. The City Council shall by resolution adopt a Design Guidelines Manual. Said manual shall contain diagrams and text to establish basic design - elements which shall be incorporated into the project. These design elements can be expanded and modified to fit the particular needs of a site. The design guidelines shall also demonstrate the flexibility which can be achieved by developing under the Planned Development Ordinance. No project which is inconsistent with the design guidelines shall be approved. 21.45.080 Design Criteria. The Planned Development shall observe the followins desisn criteria: - ( 1 ) The overali plan shall be comprehensive, imaginative and innovative embracing land, buildings, landscaping and their relationships as indicated in the Design Guidelines Manual, and shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located; lation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well-integrated, orientated and related to the topographic and natural landscape features of the site, as indicated in the Design Guidelines Manual; existing and planned surrounding land uses 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 dominant 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 areas and facilities as indicated in the Design Guidelines Manual ; (2) The plan shall provide for adequate open space, circu- (3) The proposed development shall be compatible with 5. (5) Common areas and recreational facilities shall be 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, as indicated in the Design Guidelines Manual; the neighborhood and community shall be obtained so far as practicable . (6) Architectural harmony within the development and within 21.45.090 Development Standards. In addition to the general provisions of this title, the requirements of the underlying zone: - and this chapter, a Planned Development shall comply with the following standards: (a) Density. The number of dwelling units in a Planned Development shall not exceed the density permitted by the underlying zone. The density regulations of the underlying zone may be applied to the total area of the Planned Development rather than separately to individual lots. In no cases shall the density be inconsistent with the General Plan. In cases where two or more General Plan land use designations fall within the boundaries of a Planned Development, the density may not be transferred from one General Plan designation to another. feet, however, setbacks may be varied to a 15 foot average with a 10 foot minimum. Garages with entries that face directly onto a public or private street shall maintain a minimum setback of 20 feet. The front yard setback from a private driveway, as defined in subsection (h) may be reduced to five feet. Garages facing directly onto a private driveway that have less than a 20 foot setback shall be equipped with an automatic garage door opener. of-way line in the case of a public street and from the edge of the driveway, curb or sidewalk, whichever is closer, in the case of a private street or private driveway. It is the intent of this section to provide substantial setback variation from a private or public street as shown in the design manual and shall not be construed to allow a uniform 15 foot setback. The modifications in setback shall not be allowed where there is the potential for adverse traffic or visual impacts . (2) Corner Lots - corner lots shall have a ten foot side yard setback from the side street; (3) All setbacks shall be measured from the property line, or in the case where individual property lines are not present, at the edge of the street curb or sidewalk, whichever is closest to the structure subject to the setback requirement; (4) The distance between structures shall not be less than ten feet. Fireplace structures, cornices, eaves, belt courses, sills, buttresses and other similar architectural features projecting from a building may intrude up to two feet into this ten foot distance. Open balconies and eaves extending from floors above the first floor may intrude into the setback from driveways provided that such balconies do not extend over the driveway. Intrusions into the required setback shall not be allowed if such intrusions inhibit traffic circulation, provision of safety, sanitary or other services, or are not compatible with the design of the project. (b) Setbacks. (1) Front yard - the front yard setback shall be 20 The front yard setback shall be measured from the right- 6. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 22 24 25 26 27 28 (c) Resident Parking. All units must have at least two full-sized residential parking spaces, one of which must be covered, except for studio units which shall be provided with a ratio of 1.5 parking spaces per unit, for which one space per unit shall be covered. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. (d) Visitor Parking. (1) Visitor parking shall be provided as follows: No. of Units Amount of Visitor Parking 10 dwelling units or less 1 space for each 2 dwelling units or fraction thereof. Greater than 10 dwelling 5 spaces for the first 10 units. units, plus 1 space for each 4 dwelling units above 10 or fraction thereof. Twenty percent of the visitor parking spaces may be provided as tandem parking if the garages are setback at least 20 feet from tl front property line, or in the case where no individual property lines are present, then at least 20 feet from the edge of the strc pavement or sidewalk, whichever is closest to the structure; (2) Up to 40 percent of the visitor parking may be provided as compact spaces (8 feet x 15 feet). This ratio shall 1 increased to 45 percent on January 1, 1983, to 50 percent on January 1, 1984 and to 55 percent on January 1, 1985. less than five feet. consisting of five or more spaces shall be screened from adjacent residences and public right-of-ways by either a view obscuring wall or landscaping subject to the approval of the Planning Director. (e) Building setbacks from open parking areas shall not be (f) Screening of Parking Areas. All open parking areas (9) Usable Recreational Space. (1) Open space areas designed for recreational use shall be provided for all residential developments based on the standards of either subsection (a) or (b) as follows: (A) 200 square feet per unit or; (B) Recreational space based on the following table: Total Recreation Active Recreation No. of Units Space per Unit Space per Unit 30 or less 31 to 50 51 to 100 100 or more 150 sq.ft. 150 sq.ft. 125 sq.ft. 125 sq.ft. 75 sq.ft. 50 sq.ft. 50 sq.ft. 25 sq.ft. The active recreation space requirement shall be included in the total recreation space requirement. 7. t zt D 1 2 3 4 5 6 7 € s 1c 11 1: 2( 2: 2; 2; 21 21 2r 2'; 2E Active recreational facilities include, but are not limited to the following: (i) Spa (ii) Sauna (iii) Cabana (including restroom facilities) (iv) Swimming Pool (v 1 Tennis Court (vi) Shuffleboard Court (vii) Racquetball Court (viii) Recreation Room or Building with any two of the following items: (aa) Card Room (bb) TV Room (cc) Weight lifting/exercise room (ad) Restrooms (ee) Lounging area (ff) Ping pong table (gg) Pool table (hh) Kitchen facilities (ii) Wet bar Other uses may be considered to be active facilities if approved by the Planning Commission. The following items are considered passive recreational facilities, but may be counted towards meeting one half the active recreation facilities requirement if the Planning Commission finds that they are secondary to and adjacent to the active facilities. It is the intent of this section that such passive facilities are an integral and compatible part of the active facilities: (i) Benches ( i i ) Barbeques (iii) Restrooms (iv) Sun decks (excluding lawn areas) (VI Childrens play area (vi) Horse shoe pits (2) The minimum lineal dimension of a usable open/recreational space shall be at least ten feet, except balconies used for open recreation may qualify provided its minimum lineal dimension is six feet. To count towards satisfying recreation requirements, private yards shall have a minimum dimension of 15 feet with a slope not greater than 15 percent. Credit for common indoor recreation facilities shall not exceed 50 percent of the required recreation area. Credit for recreation requirements may be given on (3) (4) (5) equal ratio up to 50 percent of the requirement for the preserva- tion of significant natural areas, or other features deemed worth] of preservation by the Planning Commission or City Council. any required front yard, unless the Planning Commission or Cit Council fgnds it to be an integrated feature of the prqject an that it will not create a disruptive element to the neighborhood. (6) Required recreation areas shall not be situated in x 8. n 1 2 3 4 5 6 7 8 9 10 11 19 2c 21 22 22 24 25 26 27 28 (7) Specifically excluded from meeting the usable open/recreational space requirement are driveways, parking areas, pedestrian walkways, landscaped areas within five feet of a dwelling unit, storage area, fenced areas which are inaccessible to residents, and any other areas deemed not to be primarily used for open/recreational purposes by the Planning Commission or City Council. individual lots with a minimum lot area of 7,500 square feet shall not be required to provide common recreational facilities. (1) Private streets may be permitted within 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 requirement of the city's street improvement standards. The Planning Commission and City Council, shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: (8) Projects which have residential units located on (h) Streets. Type of Street Minimum Width 2 lanes, no parking 26 feet 2 lanes, parking on one side 32 feet 2 lanes, parking on both sides 36 feet (2) A private driveway is a private street serving 20 or less dwelling units. Private driveways may have a curb to curl width of 24 feet, however, no parking is allowed on the driveway. vehicular safety and sufficient to minimize security problems shall be provided. each unit. (i) Lighting. Lighting adequate for pedestrian and (1) (k) Recreational Vehicle Storage. Utilities. ' There shall be separate utility systems for (1) Except for planned developments which are condo- minium projects, stock cooperatives and community apartment projects, space to store campers, trailers, boats, etc., may be required by the Cityfor planned developments containing five or more residential dwelling units. The storage space shall be located in specifically designated areas and be made available for the exclusive use of the residents of the development. These designated areas may serve more than one planned development provided there is sufficient space to meet minimum requirements for each planned development. The area provided for this storage space, exclusive of driveways and approaches, shall be at least equal to twenty square feet for each dwelling unit in the planned development. However, not less than 200 square feet shall be provided. The storage space shall be screened from view by a view- obscuring fence, wall or landscaping. The storage space may be offsite of the planned development provided the property to be used as storage 4s part of the application for the planned development permlt and that no other 9. 1 2 3 4 5 6 7 a 9 10 11 12 9 19 2c 21 22 22 24 2E 2c 27 2f development may occur on this property without an amendmen, to such permit. The PlanningCommission or City Council must find evidence that such offsite storage is suitable and not detrimental to the surrounding properties of such storage area. City Council finds that the planned development provides that each lot will have satisfactory storage on the lot and such storage is compatible with the area. Such storage shall be a minimum of two hundred square feet in area for each lot and shall have access for vehicles. prohibited in the front yard setback, on any public or private streets, or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. cubic feet in area shall be provided for each unit. If all of tht storage for each unit is provided in one area this requirement ma: be reduced to 392 cubic feet. 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 parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. (m) Refuse Areas. Centralized refuse pickup areas may be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary by the Planning Commission or City Council. (n) Antennas. No individual antennas shall be permitted. Each project shall have a master antenna or a cable television hookup . (0) Planned Unit Development Lots. For Planned Unit Developments as defined herein, lots that do not meet the requirements of Title 20 of the underlying zone may be approved. There are no size nor configuration 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 and shall meet the intent and purpose of this ordinance as stated herein. Storage shall not be required if the Planning Commission or (2) The storage of recreational vehicles shall be (1) Storage Space. Separate storage space of at least 480 21.45.100 ,Conversion of existing buildings to Planned Developments. (a) Coqversion of existing buildings to a planned development which is a condominium, community apartment or stock cooperative shall be processed in the same manner and meet all the standards prescribed in this chapter for Planned Development. In addition, the structure to be converted must meet present city building regulations. (b) An application for conversion of an existing structure to a Planned Development shall include building plans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the 10. I 1 ! I( 1: 1: 1: 11 l! It 1' I€ 1: 2c 21 22 22 24 25 26 27 28 application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems is acceptable. stock cooperative shall be approved, conditionally approved or disapproved within one hundred twenty days following receipt of a completed application. (c) An application to convert an existing building to a /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// loa. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 21.45.110 Notice to tenants of existing buildings being converted to Planned Developments. In addition to all other required findings for a subdivision, the City Council shall find that: (1) Each of the tenants of the proposed condominum, planned development, community apartment or stock cooperative project has been or will be given one hundred eighty days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. subdivision shall not alter or abridge the rights or ogligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code; (2) Each of the tenants of the proposed condominium, planned development, community apartment or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. provide relocation assistance equal to one month's rent to any residential tenant who relocates from the building to be converted after receipt from the subdivider of the notification required by Section 21.45, except when the tenant has given notice of his intent to vacate prior to receipt of the notification from the subdivider. Relocation assistance shall be provided no later than fifteen days following the subdivider's receipt of notification from the tenant of the tenant's intent to vacate unless other arrangements are made in writing between the tenant and the subdivider. The provisions of this 21.45.120 Tenant relocation expenses. The subdivider shall 21.45.130 Expiration, extension, revisions. The expiration, extension or revision of a Planned Development of five or more lots or units shall be governed by the provisions of Section 20.12.100, 20.12.100 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative map. The expiration, extension or revision of a Planned Development or four or less lots or units shall be governed by the provision of Section 20.24.160, 20.24.180 and 20.24.080 of this code. 21.45.140 Approval of projects of four units or less by Planning Director. (a) Planned Developments with four or less units shall be approved in accordance with the provisions of this section. (b) A site plan and elevations for such projects which include all design criteria and development standards as contained in this chapter shall be submitted to the Planning Director who may approve, conditlonally approve or dlsapprove the 11. 1 2 3 4 5 6 7 e 9 ZC 11 U c 0 1E IS 2c 21 2: 22 24 2f 2E 27 2E e permit. The Planning Director shall approve or conditionally approve a permit if he makes all of the findings specified in Section 21.45.072. The Planning Director's decision may be appealed in accordance with the procedures of Section 21.45.073 of this chapter. an application for a minor subdivision which shall be processed in accordance with the procedures of Chapter 20.24 of the code. Approval of both site plan and a minor subdivision is required in order to proceed with development of a Planned Development of four or less units. (d) The Planning Director shall make a monthly report to the City Council of all planned development permits issued pursuant to this section. (c) An application for a site plan shall be accompanied by 21.45.150 Cancellation of a Planned Development permit. A PlannGd 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. Said correspondence shall also include a request to cancel the tentative map affecting the property. The Planning Director shall inform the City Council of all such communications. The permit shall become void one hundred twenty days after receipt of the communication in the office of the Planning Department. 21.45.160 Amendments. (a) Amendments to a Planned Development permit may be initiated by the property owner or authorized agent as follows: 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. When necessary the amendment shall be accompanied by an amendment to the corresponding tentative map or tentative parcel map; minor in nature, the additional graphics, statement or other information may be approved by the Planning Commission resolution and made part of the original City Council approval without the necessity of a public hearing; (3) A minor amendment shall not change the densities 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 ten percent 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, it 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 mod if i ca t ion ; (1) A request for an amendment shall be submitted to (2) If the Planning Commission considers the amendment (4) If a public hearing is required, the applicant 12. 1 2 3 4 5 6 7 8 9 3.0 11 19 2c 21 22 22 24 25 26 27 28 e (5) A fee as specified by City Council resolution is required for all property within the portion of the Planned Development to be amended. Development permit for which a hearing is required shall be pro- cessed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a Planned Development permit; (b) The City Council may by motion initiate an amendment to a Planned 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 Development permit. (6) An application for an amendment of a Planned 21.45.170 Final Map. Building permits for construction with the proposed Planned Development shall not be issued until a final subdivision map has been recorded for the project. 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 Development perrr prior to recordation of the final map provided that adequate provisions acceptable to the Planning Director and City Attorney a made guaranteeing removal of such complex if the final map is not recorded. A final map 21.45.180 Final Planned Development plan. (a) Building permits for construction within the proposed Planned Development shall not be issued until the applicant has filed and secured approval of a final Planned Development plan; (b) The final Planned Development plan shall be submitted to the Planning Director prior to the expiration of the tentative map or tentative parcel map including within the period of time of any extensions on the map. The plan shall reflect all required revisions and refinements. The final Planned Development plan shall include: sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any offsite work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (1) Improvement plans for private streets, water, (2) A final grading plan; (3) Final elevation plans; (4) A final landscaping plan including methods of soil (5) A plan for lighting of streets, driveway, parking preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and (c) Where a Planned Development contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final Planned Development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the Planning Director and City Attorney . (d) A final Planned Development plan may be submitted for a Portion of the development provided the City Council approved the construction phases as part of the permit and subdivision map 13. ll .. 1 2 3 4 5 6 7 a 9 IO 11 12 n a k 0 18 19 20 21 22 23 24 25 26 27 28 approval. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. (e) The Planning Director shall review the plan for conformity to the requirements of this chapter and the Planned Development permit. If he finds the plan to be in substantial conformance with all such requirements, he shall approve the plan. 21.45.190 Certification of occupancy. A certification of occupancy shall not be issued for any structure in a Planned 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 maintained 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 is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community; 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. The costs thereof shall be assessed against the owner or owners of the project; (c) The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the 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 indenture 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; to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the city 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; (b) In addition to any other remedy provided by law for the (d) The notice shall particularly specify the work required 14. 'I 1 2 3 4 5 6 7 E 9 IC 11 12 9 1C 2c 21 22 21 24 2E 2E 27 2E upon &&.e expiration of the f ive-Lsy period provide for in subsection (a), the work has not been done, or having been commenced, is not being performed with diligence, the City 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 cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests 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) of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments, Such notice shall also set forth the amount of the proposed assessment; (f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there by any, and then proceed to confirm, modify or reject the assessments; 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 a notice of lien, substantially in the following form: (4) A list of assessments as finally confirmed by the City "NOTICE OF LIEN "Pursuant to Chapter 21.45, Title 21, of the Carlsbad Municipal Code (Ordinance No. ), the city of Carlsbad did on the and report work to be done in the Planned Development project known as which was constructed under Planned Develol , for the purpose of abating a public nuisance andforciig compliance with the terms of said permit, and the Council of the City of day of I 19 , cause maintenance - - Carlsbad did on the day of , 19-, by its Resolution No. assess the cost or portion of the cost thereof upon the real property hereinafter described, 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 same sum with interest thereon at the maximum rate allowed by law from the date of the recordation 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 California, County of San Diego, State of California, particularly described as follows: 15. 1 2 4 5 6 7 8 9 10 11 1s 2c 21 22 2: 24 2E 2E 23 2E (Description of property) "Dated this day of I 19 . n City Clerk, City of Carlsbad. (H) From and after the date of 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 maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has 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 contractual liens and all fixed special assessment liens which may thereafter be created against the property. notice of lien, all persons shall be deemed to have notice of the contents thereof. From and after the date of recordation of such 21.45.220 Restriction on reapplication for a Planned Development permit. 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. be waived by the affirmative vote of a majority of the City Council . No application for a Planned Development This provision may 21.45.230 Variance. When, because of unique conditions existing on particular property, application of the development standards contained in this chapter to such property would be infeasible and would prevent development of an otherwise acceptable project, the applicant may request a variance from the standard or standards. Such request shall be processed according to the provisions of Chapter 21.50 of this code, provided, however, that if the planned development permit is required to be finally approved by the City Council, the City Council shall also finally decide on the variance. 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 is adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the -6th day of Julv I 1982, and thereafter 16. PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of July , 1982, by the following vote, to wit: AYES : NOES: Council Mer Anear Council &&as Casler, Lewis, Kdchin and Chick ABSENT: None MARY H. LCASLER, Mayor ATTEST: (SEAL) 17.