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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 1 2 3 4 5 6 7 8 9 20 11 12 12 14 1: 1t 17 1E 15 2c 21 2: 2: 24 2: 2i 2' 21 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 *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 3 1 2 3 4 5 6 7 a 9 10 11 12 13 34 15 1E 11 I.€ 1s 2c 21 22 2: 24 2: 2€ 27 28 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, .3 j.f 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1E 1E 17 ZE 1C 2c 21 22 22 24 2t 26 2; 2E (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. .4 4 1 2 3 4 5 6 7 a 9 1c 11 12 12 14 1E It 1’; I€ 1: 2( 2; 2: 2: 21 2! 2t 27 2E 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 .5 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 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, '. $ '. 1 2 3 4 5 E 7 E E 1( 13 1: 1: 11 11 11 1' 1 1 2 2 2 2 2 2 2 2 2 e 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) .7