HomeMy WebLinkAbout1983-05-17; City Council; 9685; CMC 21.47 adds - Non-residential planned developments'.
21.47.170 Restriction on Reapplication for a Non-
Residential Planned Development Permit
21.47.010 Intent and Purpose. The intent and purpose of
(1) Ensure that non-residential projects develop in the non-residential planned development regulations are to:
accordance with the general plan and all applicable specific and
master plans;
I (2) Provide for non-residential projects which are
compatible with surrounding developments:
units within multiple-unit buildings or upon a parcel of land
containing more than one unit;
(3) Provide a method to approve separate ownership of
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0 EXHIBIT "A"
March 15, 1983 ZCA-162
ORDINANCE NO. 9685
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARLSBADl
CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF CHAPTER 21.47 TO PROVIDE FOR NON- RESIDENTIAL PLANNED DEVELOPMENTS.
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 addition of Chapter 21.47.
Chax, ter 2 1 .47
Non-Residential Planned Developments
Sections:
21.47.010
21.47.020
21.47.030
21.47.040
21.47.050
21.47.060
21.47.070
21.47.071
21.47.072
21.47.073
21.47.080
21.47.090
21.47.100
21.47.11 0
Intent and Purpose
Non-Residential Planned Development Permit Permitted Uses App 1 i cat ion Transmittal to Planning Commission Planning Commission Action City Council Action Public Hearings Requ ired Findings
Appeal of Planning Commission Decision Development Standards
Conversion of Existing Buildings to Non-
Residential Planned Developments
Expiration, Extension, Revisions
Approval of Projects of Four Units or Less b
21.47.
21.47.
21.47.
21.47. 21.47.
Land Use Planning Manager
development Permit 20 Cancellation of a Non-Residential planned
30 Amendments
40 Final Map
50 Certification of Occupancy
60 Maintenance
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(4) Provide for a method to approve separate ownership of Planned Unit Development lots defined herein; (5) Provide for conversion of existing developments to iondominiums provided such conversion meets the intent of this Zhapter and comply with the requirements of the underlying zone.
21.47.020 Non-Residential - ._ __ Planned Development Permit- The --- 3ity Council, Planning Commission or Land Use-Planning Managerp as ?rovided in this chapter may approve a permit for a non- residential ?lanned development in any industrial, commercial or office zone or iombination of zones subject to the requirements thereof except as
they may be modified in accord with this chapter.
rhe application for a non-residential planned development shall
state whether the applicant intends to develop the project as a ?lanned Unit Development, Condominium Project or Stock Cooperative Project. For purposes of this chapter, a Planned Unit Development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 1350 of
the Civil Code of the state-
21.47.030 Permitted Uses. Any principle use, accessory Ise, transrtional useor conditional use permitted in the underlyinc zone is permitted in a non-residential planned development.
I_.- 21.47.040 Application. - Application for a permit for a ?lanned development shall be made in accordance with the procedures set forth in this section:
?ermit may be made by the record owner or owners of the property 3ffected or the authorized agent of the owner or owners. The 3pplication shall be filed with the Land Use Planning Manager upon Eorms provided by him The application shall state fully the
reasons a non-residential planned development is a proper method to
fievelop the property and shall be accompanied by adequate plans
dhich allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Land Use Planning Manager;
(2) At the time of filing the application the applicant
shall pay a processing fee in an amount specified by City Council
resolution : (3) The application shall be accompanied by a tentative nap which shall be filed with the Land Use Planning Manager in
accordance with procedures set forth in Chapter 20.12 of this codes
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.
(4) If the applicant contemplates the construction of a non-residential planned development in phases, the application shal: so state and shall include a proposed phasing schedule (5) If the applicant proposes to convert existing buildings to a non-residential planned development, the plans shall reflect the existing buildings and show all proposed changes and additions.
(1) An application for non-residential planned development
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21.47.050 Transmittal to the Planning Commissi-02. The
Land Use Planning Manager shall transmit the application for a non-
residential planned development, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports and processing have been completed, An application may be considered by the Planning Commission concurrent with their consideration of any related discretionary permit.
21.47.060 Planning Commission action. The Planning Commission shall hold a pu6lic hearing on all non-residential planned development permits. For all non-residential planned development permits with 50 or fewer units or lots, the Planning Commission shall approve, conditionally approve or disapprove the permit. For all non-residential planned 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 or public hearing before the City Council.
21.47.070 City -- Council - action. The City Council shall hold a public hearing on a non-residential planned development permit for which the Planning Commission has filed a report with tht
City Clerk. At the public hearing, the City Council shall review
the Planning Commission's reportp shall consider the matter and
shall approve, conditionally approve or disapprove the permit.
21.47.071 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 hearin!
on non-residential planned development permit is consolidated with
the hearing on a tentative map under the provisions of Section
21-47.050 notice shall satisfy the requirements of both this chaptei and Title 20 of this code.
21,47.072 .- Required Findings.
(a) The Planning Commission or City Council shall approve or conditionally approve a non-residential planned development permit only if it finds that all of the following facts exist:
(1) The granting of this permit will not adversely affect and will be consistent with the 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 necessary 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;
(4) The proposed non-residential planned development 'meets all of minimum devlopment standards of the underlying zone, except for lot area;
(3) Such use will not be detrimental to the health,
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(5) In granting a non-residential planned development ?ermit, the City Council, Planning Commission or Land Use Planning
JIanager may modify the plan or impose such conditions as it deems
iecessary to protect the public health, safety and general welfare.
21.47.073 Appeal of Planning Commission Decision.
(a) The applicant or any other interested person may 3ppea1, from any action of the Planning Commission, or from any xtion of the Land Use Planning Manager on projects processed in wcordance with Section 21.47.130 with respect to a non-residential ?lanned 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
3ppeal is being taken. Upon the filing of an appeal, the City Clerk shall set the natter for public hearing. Such hearing shall be held within thirt: lays after the date of filing the appeal. Within ten days followin5 the conclusion of the hearing, the City Council shall render its lecision on the appeal. The decision of the City Council is final.
dith the provisions of this chapter and shall be supported by appropriate findings.
the time limits specified in this section, the appeal shall be
deemed denied.
(b) The decision of the City Council shall be consistent
(c) If the City Council fails to act on an appeal within
21.47.080 Development Standards. All non-residential
?lanned developments shall comply with all requirements and development standards of the underlying zone and all requirements 0:
Title 20 (Subdivision Ordinance), with the following exception: non-residential Planned Unit Developments as defined herein may create lots that do not meet the requirements of Title 20 of the underlying zone, 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.
21.47.090 Conversion of existing buildings to Non- Residential Planned Developments. (a) Conversion of existing buildings to a non-residential planned development which is a condominium, planned unit developmen. or stock cooperative shall be processed in the same manner and meet all the standards prescribed in this chapter for a non-residential planned development. In addition, the structure to be converted must meet present city building regulations.
(b) An application for conversion of an existing structurl to a non-residential 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 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.
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21.47.100 Expiration, extension, revisions. The expiration, extension or revision of a non-residential planned
debelopment of five or more lots or units shall be governed by the
provisions of Section 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentativ map. The expiration, extension or revision of a non-residential
planned development or four or less lots or units shall be governel by the provisions of Section 20.24.160, 20.24.180 and 20.24.080 of
this code.
21.47.110 Approval of projects of four units or less by
(a) Non-residential planned developments located on Land Use Planning Manager.
property less than 1 acre in area with four or less units shall be approved in accordance with the provisions of this section.
include all design criteria and development standards as contained
in this chapter shall be submitted to the Land Use Planning Manage
who may approve, conditionally approve or disapprove the permit T Land Use Planning Manager shall approve or conditionally approve a permit if he makes all of the findings specified in Section
21.47.072. The Land Use Planning Manager’s decision may be appeal in accordance with the procedures of Section 21.47.073 of tis chapter .
(c) An application for a site plan shall be accompanied 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 non-residential planned development of four or less units.
report to the City Council of all non-residential planned development permits issued pursuant to this section.
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 Land Use Plannin Manager in the office of the Land Use Planning Office. correspondence shall also include a request to cancel the tentativ
map affecting the property. inform the City Council of all such communications. The permit shall become void one hundred twenty days after receipt of the
communication by the Land Use Planning Office.
(b) A site plan and elevations for such projects which
(d) The Land Use Planning Manager shall make a monthly
21.47.120 Cancellation of a Non-Residential Planned A non-residential planned development permit
Said
The Land Use Planning Manager shall
21.47.130 Amendments.
(a) Amendments to a non-residential planned development permit may be initiated by the property owner or authorized agent follows:
the Land use Planning Offie in written form and shall be (1) A request for an amendment shall be submitted t
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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 t the corresponding tentative map or tentative parcel map
amendment 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 o a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, 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 modification; (5) A fee as specified by City Council resolution is required for all property within the portion of the non-residential
planned development to be amended.
residential planned development permit for which a hearing is required shall be processed, heard and determined in accordance wit the provisions of this chapter applicable to the adoption of a non-residential planned development permit;
to a non-residential 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 non-
residential planned development permit.
(2) If the Planning Commission considers the
(4) If a public hearing is required, the applicant
(6) An application for an amendment of a non-
(b) The City Council may by motion initiate an amendment
21.47.140 Final Map. Building permits for construction within the proposed non-residential planned development shall not b
issued until 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.
21.47.150 Certification of occupancy. A certification of occupancy shall not be issued for any structure in a non-residentia planned development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, Land Use Planning Manager and the Director of Building and Planning.
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.
21.47.160 Maintenance. All private streets, walkways,
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21.47.170 Restriction on reapplication for a Non-
ssidential Planned Development permit.
2sidential planned development permit on the same property or
ssentially the same property for which a permit has been denied by ?e City council shall be accepted within twelve months of such
enial.
No application for a non-
This provision may be waived by the affirmative vote of a
ajority of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty
ays after its adoption, and the City Clerk shall certify to the
doption of this ordinance and cause it to be published at least
nce in the Carlsbad Journal within fifteen days after its
dop t ion.
INTRODUCED AND FIRST READ at a regular meeting of the
arlsbad City Council held on the 3rd day of May , 1983,
nd thereafter
PASSED AND ADOPTED at a regular meeting of said City
louncil held on the 17th day of May , 1983 by the
'ollowing vote, to wit:
AYES : Council -s Casler, -is, Chick and Prescott
NOES: "one
ABSENT: Council Mesrber Kulchin
ITTEST :
(SEAL)
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