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HomeMy WebLinkAbout2001-12-18; City Council; NS-612; CMC 21.45 amend - Planned Development Ordinance amend...CITY COUNCIL ORDINANCE NO. NS-6 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A ZONE CODE AMENDMENT FOR A COMPREHENSIVE AMENDMENT TO THE PLANNED DEVELOPMENT ORDINANCE CHAPTER 21.45, TITLE 21, OF THE CARLSBAD MUNICIPAL CODE CASE NAME: AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE CASE NO: ZCA 01-01 The City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Title 21, Chapter 21.45 is amended to read as follows: TITLE 21 PLANNED DEVELOPMENTS CHAPTER 21.45 21.45.010 21.45020 21.45.030 21.45.040 21.45.050 21.45.060 21.45.070 21.45.080 21.45.090 21.45.100 21.45.110 21.45.120 21.45130 21.45.140 21.45.150 21.45.160 21.45.170 Intent and Purpose Applicability Definitions Permitted Zones and Uses Application and Permit Procedures General Development Standards Small-lot, Single-Family and Two-Family Dwelling Development Standards Multiple-Dwelling Development Standards Residential Additions and Accessory Uses Amendments to Permits Conversion of Existing Buildings to Planned Developments Expiration, Extension, Revisions Proposed Common Ownership Land or Improvements Maintenance Failure to Maintain Model Homes Restriction on Reapplication for a Planned Development Permit 21.45.010 Intent and Purpose The purpose of the Planned Development ordinance is to: A. Recognize the need for a diversity of housing and product types; 8. Provide a method for clustered property development that recognizes that the impacts of environmentally and topographically constrained land preclude the full development of a site as a standard single-family subdivision; C. Establish a process to approve the following: separate ownership of dwelling units with lots or exclusive use areas of less than 7,500 square feet in size, or as otherwise allowed by the underlying zone; condominium ownership in multiple-unit buildings, and conversion of existing, residential development to condominiums; D. Allow the development of small-lot subdivisions in existing R-l neighborhoods when the proposed site is contiguous to a higher intensity land use or an existing project of comparable or higher density; E. Permit the development of small-lot subdivisions in multi-family zones as an alternative product type to attached dwelling units, and; F. Encourage and allow more creative and imaginative design by including relief from compliance with standard residential zoning regulations. To offset this flexibility in development standards, planned developments are required to incorporate amenities and features not normally required of standard residential developments. 21.45.020 Applicability A. A planned development permit is required for the development of single-family lots or exclusive use areas of less than 7,500 square feet or as otherwise allowed by the underlying zone, attached condominiums, and the conversion of existing residential development to condominiums. These I ( l( 11 1; 1: 1‘ 1: 1t 1; 1E 15 2c 21 22 23 24 25 26 27 28 1 1 3 1 5 5 7 $ 9 1 1 ! 5 1 5 5 7 1 ) 1 regulations do not apply to attached residential units proposed for inclusion as part of a commercial development project. B. Any application for a planned development permit that was deemed complete prior to the effective date of the ordinance reenacting this chapter, shall not be subject to the amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. C. Enlargement of buildings that are legally non-conforming is permitted provided that such enlargement does not increase the floor space more than 40% of that existing prior to such enlargement and that the new addition complies with the new setback and lot coverage requirements of this chapter. D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the City’s certified local coastal programs, a redevelopment master or specific plan, the regulations of the local coastal program, or the master or specific plan shall prevail. E. 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. F. In granting a planned development permit, the Planning 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.” 21.45.030 Definitions Whenever the following terms are used in this chapter, they shall have the meaning established by this section: A. “Condominium project” means a common interest subdivision defined by Sections 1350- 1376 of the California Government Code. B. “Driveway (SF)” means an improved surface on private property intended for vehicular access from a public/private street to open/enclosed parking for a detached single-family home. C. “Driveway (Project)” means an improved surface on private property intended for shared vehicular access from a public/private street to open/enclosed parking for two or more residential units. D. “Duplex” means two homes on one lot attached by a common wall and under common ownership. Duplex may be converted to individual ownership with approval of a planned development permit. E. “Net pad area” means the building pad of a lot excluding all natural or manufactured slopes greater than three feet in height except intervening manufactured slopes between split-level pads on a single lot. F. “Planned development” means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, recreation and streets. G. “Twin-home” means two homes attached by a common wall where each home and lot or exclusive use area has separate ownership. 21.45.040 Permitted Zones and Uses. A. Permitted Zones. The Planning Director, Planning Commission or City Council may approve a permit for a planned development in the R-l, R-2, R-3, RD-M, R-W and P-C residential zones or combination of zones subject to the requirements of this chapter. When approved, a planned development permit shall become the zoning regulations applicable to the subject property. B. Permitted Uses. In addition to any principal use, accessory use, transitional use or conditional use permitted in the underlying zone, planned developments that are proposed in the following residential zones may include the following residential uses listed in Table A, Permitted Residential Uses below: /I/ -2- 1 2 3 4 5 6 7 8 5 1C 11 12 12 1L 15 1t 1: 11 l! 2( 2' 2: 2: 22 2: 21 2' 2: Table A Permitted Residential Uses Zone Multiple Dwelling Two-Family Dwelling Single-family Detached Dwelling R-I N/A x (2) X (1) R-2 x (2) X X R-3 X X X RD-M X X X Accessory Uses (4) X X X P-c (3) X X X (1) When the project site is contiguous to a higher intensity land use or an existing project of comparable or highel (2) Only permitted when the proposed project site is contiguous to a lot or lots zoned R-3. R-T. R-P, GI, C-2, C-M or M, density. (3) Permitted uses shall be consistent with the master plan. but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less. (4) Refer to Table F for specific uses. 21.45.050 Application and Permit The application for a planned development permit shall be made in writing on the form provided addressing all development standards and design requirements as contained in this chapter and shall be by the Planning Department. The application shall include a site plan, building elevations and floor plans accompanied by the required fee in an amount specified by City Council resolution. The application for i planned development shall state whether the applicant intends to develop the project as a plannec development or condominium project and the proposed method of land division (i.e.; postage stamp lots air-space condominiums). procedures for Minor (4 or fewer dwelling units) and Major (5 or more dwelling units) permits. A. Processina Procedures. Table B, Required Processing Procedures, identifies required Table B Required Processing Procedures Topic Planning Director Decision-Making Body Minor Major DU); Council City (more than 50 or Official Planning Commission (up to 50 DU) Map Required See Chapter 21.54 See Chapter 21.54, Section Appeals Yes No Public Hearing Required Chapter 21 54, Section See Title 20, Chapter 20.24. Section Public Notice Required See Section 21.45.050(8) See Section 21.45.050(8) Required Findings Major Subdivision Map (See Title Minor Subdivision Map (See Title 20, Chapter 20.24) 20, Chapter 20.12) 20.24.115 21.54.060(1) 21.54.140 approve or conditionally approve a planned development permit only if it finds that both of the followin! B. Reauired Findinas. The Planning Director, Planning COmmiSSiOn Or City Council sha' facts exist. 1. The proposed project complies with all applicable development standards included withi1 this chapter. 2. The proposed project density, site design and architecture are compatible wit1 surrounding development 21.45.060 General Development Standards. All planned developments shall comply with the general development standards specified in Table ( below. Specific standards applicable to small-lot, single-family/two-family dwelling and multiple-dwellin! condominium projects can be found in Tables D and E, respectively. -3- 1 2 3 4 4 6 7 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Density Arterial Setbacks Building Setbacks Permitted Intrusions into Setbacks Visitor Parking/ On Private/Public Streets Driveways Private Streets Public Streets Parkways with Street Trees Table C General Development Standards Applicable to All Planned Developments Per the underlying General Plan designation. When two or more general plan land use designations existwithin a planned development, the density may not be transferred frorr one general plan designation to another without a general plan amendment. All dwelling units and accessory structures adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet An average of 50% of the required setback area that is located closest to the arterial shall be landscaped to enhance the streetscene and buffer homes from traffic on adjacent arterials. Project perimeter walls shall not be located in the landscaped buffer. The landscaped buffer shall contain a minimum of one 24” box tree for every 30 lineal feet of street frontage. This arterial landscape setback shall be commonly-owned and maintained by the homeowners’ association. All setbacks shall be measured from the property line, from the back of sidewalk or from the edge of the project driveway, whichever is closest to the structure. Projecting architectural features, which do not increase the useable living area of a dwelling unit, (including, but not limited to, cornices, eaves, belt courses, sills, buttresses and fireplaces) may intrude up to 2 feet into required building setbacks. l 10 units or less: 1 space for each 2 units or fraction thereof l 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units above 10 l In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. l Visitor parking may be provided: (1) along both sides of a minimum 34-foot wide private/public street or (2) in perpendicular bays. When visitor parking is provided on-street, not less than 24 lineal feet per space, exclusive of driveway entrances and driveway aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided. l Visitor parking must be provided in parking bays. Minimum 34 feet wide (curb-to-curb) with parkways (minimum 5.5’ wide) and sidewalks (minimum 5’ wide) on both sides of the street. Minimum 34 feet wide (curb-to-curb) with parkways (minimum 7’ wide) and sidewalks (minimum 5’ wide) on both sides of the street. Minimum 5.5 feet wide parkways are required along both sides of private streets, For small-lot, single-family and two-family projects, a minimum of one street tree (24 inch box) per lot is required to be planted in the parkway along all streets. For multi-family projects, street trees shall be spaced no further apart than 30 feet on center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. l Minimum 24 feet wide with no parking permitted in travel way. l Additional width may be required for maneuvering area in front of garages, carports or uncovered parking spaces or to provide transition to a driveway approach. l No more than 20 single-family/two-family dwelling units shall be located along a single-entry driveway. D Parkways/sidewalks may be required. l Driveways in motor courts shall be constructed of concrete. B All driveways/motor courts shall be accented with enhanced pavement treatment. All dwelling units shall be set back a minimum 5 feet from open parking areas. Driveway [Project) Iwelling Unit Setback from 3pen Parking -4- t 7 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Screening of Parking All open parking areas shall be screened from adjacent residences and public rights-of. way by either a view-obscuring wall or landscaping. Areas Community Recreational All projects of more than 10 dwelling units shall provide 200 square feet of centralized, community recreational space per unit. Projects with 25 or fewer units shall provide Space passive ok active recreation facilities; projects with more than 25 units shall provide both passive gncJ active recreational facilities with a minimum of 75 percent of the ares allocated for active facilities. Projects of more than 50 units shall provide recreation facilities for a variety of age groups. Examples of recreation facilities include, but are noi limited to, the following: Active: Swimming pool with cabana, children’s playground equipment, spa, tennis court, racquetball court, volleyball court, basketball court, recreation rooms OI buildings, horseshoe pits, pitch and putt, grassy play areas a minimum of 100 feet by 100 feet and any other facility deemed by the Planning Director to satisfy the intent of providing active recreational facilities. Passive: Benches, barbecues, community gardens, or grassy play areas with a slope 01 less than 5%. l Credit for indoor recreation facilities shall not exceed 25% of the required centralized community recreation area. l Required recreation areas shall not be located in any required front yard and may no1 include any driveways, parking areas, walkways, storage areas, or any slopes of 5% or greater. l For single-family or two-family projects of 50 units or more, at least 25 percent of the common recreation space must be provided as pocket parks. Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially “T-intersections”) and where open space vistas may be achieved. Recreation 1 space for each 15 residential lots or fraction thereof for lots located more than 1,000 Area Parking feet from a centralized community recreation center lot. Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Utilities Separate utility systems shall be provided for each unit. Recreational l Required for projects with 25 or more units Vehicle l 20 square feet per unit exclusive of area required for driveways and approaches Storage l Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. l The storage of recreational vehicles shall be prohibited in the front yard setback and 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. All RV storage areas shall be landscaped to screen vehicles to the maximum extent feasible. Storage 480 cubic feet of separate storage space per unit. If all storage for each unit is located in Space one area, the space may be reduced to 392 cubic feet. This space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. The 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. 4ntennas Each project shall have a master antenna and/or a cable television hookup. Antennas are permitted subject to the provisions of Chapter 21.53 of this code and any applicable federal regulations. 21.45.070 Small-lot, Single-family and Two-Family Dwelling Development Standards A. In addition to the General Development Standards found in Table C, planned developments that include single-family or two-family dwelling product types shall comply with the following development standards found in Table D, Small-Lot, Single-family and Two-Family Dwelling Development Standards. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .6 .7 .8 9 !O !l !2 !3 14 !5 16 :7 :8 Table D Small-Lot. Single-Family and Two-Family Dwelling Development Standards Standard Livable Neighborhood Policy Architectural Requirements Requirement Must comply with City Council Policy 66, Principles for the Development of Livable Neighborhoods l Must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines. Minimum Lot Size or Exclusive Use Area Maximum Lot Coverage Minimum Lot Width I’) Maximum Building Height Minimum Front Setback: I From a private or public street (*) m From a driveway (project) Minimum Street Frontage Minimum Street Side-Yard Setback l Sinole-family - 5,000 SF; except that lots sizes less than 5,000 SF to a minimum lot size of 3,500 SF may be used when the site has a general plan designation of RMH or RH and when unique circumstances such as one of the following exists: 1) The project is for lower-income or seniors housing; 2) The site is located west of Interstate 5: 3) The dwelling units are designed with alley-loaded garages; or 4) The site is either located contiguous to a Circulation Element roadway or within 1200 feet of a commuter rail/ transit center, commercial center or employment center. l Two-family - 3,750 SF when developed as a twin home; 7,500 SF when developed as a duplex. l 2 story homes - Lots equal to or greater than 5,000 SF, 40% of the net pad area; lots less than 5,000 SF, 50% of the net pad area l 1 story homes - 60% of the net pad area l Porches with no livable space above the porch and Porte-cocheres no more than 20 feet in width and 6 feet in depth are exempt from lot coverage requirements. l Single-family on lots equal to or greater than 5,000 SF - 50 feet; l Single-family on lots less than 5,000 - 40 feet, 35 feet on cul-de-sac l Two-family - 35 feet when developed as a twin home; 70 feet when developed as a duplex. Maximum 30 feet and two stories if a minimum roof pitch of 3/12 is provided or 24 feet and two stories if less than a 3112 roof pitch. l Covered front porch - 8 feet l Residence - 12 feet average (3), 10 feet minimum l Side-entry garage - 10 feet l Direct entry garage - 20 feet l Residence - 8 feet, fully landscaped l Garage - 5 feet l Garages facing directly onto a project driveway shall be equipped with an automatic garage door opener. On sharply curved streets or cul-de-sacs - 35 feet. This frontage may be reduced to a minimum of 25 feet if adequate guest parking (that does not directly back onto the street) is provided near the end of the cul-de-sac in parking bays or another acceptable manner. Such lots must reach a width of 35 feet at some point near the middle of the lot. IO feet; 20 foot setback required for garages that face a street side yard -6- 7 1 n L 7 4 4 e 7 8 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Standard Minimum Side-Yard Setback Requirement . Two-story homes on lots with a minimum width of 60 feet and all one-story homes regardless of lot width shall have a minimum side yard setback equal to 10% of the lot width on each side. n All two-story homes on lots that are less than 60 feet wide shall have a combined minimum sideyard setback equal to 25% of the lot width with a minimum sideyard setback of 5 feet . Zero lot line homes may reduce one side yard setback to 0 feet provided that the other sideyard setback is equal to 20% or 25% of the lot width as required herein Min. Rear Yard Setback l 20% of lot width . Garages located on the rear half of l 5 feet from rear property line the lot l Any second story living space above a garage shall observe a minimum 10 foot setback from the rear property line. Recreational Space l Projects of l-10 dwelling units - 25 feet x 25 feet of . Private Rear Yard useable rear yard with no slope gradient greater than 5 percent. l Projects of more than IO dwelling units - 18 feet x 18 feet of useable rear yard with no slope gradient greater than 5 percent. l Alley-loaded projects - 15 feet x 15 feet of useable side yard with no slope gradient greater than 5 percent. n Common recreation l Projects of more than 10 dwelling units - See General Standards, Table C Tandem Visitor Parking Credit Credit for one 1 tandem visitor parking space in front of a garage may be given for: l Existing two-family homes that are proposed to be converted to condominiums provided that the garage is set back a minimum of 20 feet from the front property line; and Resident Parking l Single-family or two-family homes lots with a driveway that is equal to or greater than 40 feet in length. Two car garage (minimum 20 feet x 20 feet) -7- I ( l( 11 1: 1: 1‘ 1: 1t 1; 1s 19 20 21 22 23 24 25 26 27 28 Standard Garages Requirement l On a project basis, garages for single-family or two family homes dwelling units shall be sited as follows: (4) a. For a project with 3 floor plans: . A minimum of 33% of all units shall include garages that are recessed a minimum of 5 feet behind the front house facade; n An additional 33% of all units shall include garages that are located a minimum of 30 feet behind the front property line; n A maximum of 33% of all units may be side loaded or project 6 feet forward of the froni house facade provided that the garages do noi exceed 50% of the total house frontage._ b. For a project with 4 or more floor plans: n A minimum of 50% of all units shall include garages that are recessed a minimum of 5 feet behind the front house facade; . An additional 25% of all units shall include garages that are located a minimum of 30 feet behind the front property line; . A maximum of 25% of all units may be side- loaded or project 6 feet forward of the front house facade provided that the garages do not exceed 50% of the total house frontage. c. No more than 20% of the total project units ma) include three-in-a-row car garages that directly face the street. Three-in-a-row garages that directly face the street are defined as garages having space for three cars whether constructed as 3 one-car garages located adjacent to each other of constructed as a two-car garage separated from a one-car garage with all garage doors directly parallel to the street. The garages must have a plane change of a minimum of 18 inches between the two- car and one-car garages. This configuration must also break the roof plane with a design element such as a gable or trellis. Garages that are recessed 20 feet back from the forward-most plane of the house are exempt from this provision. Such garages may occur only when they do not exceed 40% of the width of the home along the street frontage. In special circumstances, when lots less than 5,000 square feet in size are permitted in a planned development, three-in-a-row car garages may not be used. Tandem garages are exempt from this requirement. 25% of all driveways for non-alley-loaded projects must be designed as “Pasadena” driveways with grass or enhanced pavement in the middle Driveways for side-loaded garages must incorporate enhanced pavement to improve appearance. (1) Lot width is measured 20’ behind the front property line. -8- 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 (2) Setbacks are applicable to streets that include parkways and sidewalks along both sides, For existing streets without parkways, the front setback shall be as follows: Front porch - 157, Residence - 15’ (average), 10’ (minimum), Side-entry garage - lo’, Direct entry garage - 20’. (3) The average front-yard setback is determined by adding together all of the unit front-yard setbacks (the setback for each unit should be measured from that element of each building, excluding projections, that is located closest to the front property line) and dividing that total by the total number of project units. (4) Garage standards do not apply to alley loaded projects. 21.45.080 Multiple-Dwelling Development Standards A. In addition to the General Development Standards found in Table C, planned developments that include multiple-dwelling units shall comply with the following development standards listed in Table E, Multiple-Dwelling Development Standards. Mul Standards Livable Neighborhood Policy Maximum Lot Coverage Maximum Building Height Minimum Building Setbacks n Private or public street (‘) l Driveway (Project) Architectural Design Elements Table E ble-Dwelling Development Standards Requirement Must comply with City Council Policv 66, Principles for the Development of LivableNeighborhoods - 60% on a project basis 35 feet l To front porch - 11 feet l To residential structure- 15 foot average (*) l To street side yard - 10 feet l To side entry garage - 10 feet l To direct entry garage - 20 feet l Residence - 8 feet, fully landscaped l Garage - 5 feet l Garages facing directly onto a driveway shall be equipped with an automatic garage door opener. l There shall be at least 3 separate building planes on all building elevations. The minimum offset in planes shall be 18 inches and shall include but not be limited to building walls, windows, and roofs. l Building facades shall incorporate a minimum of four of the following types of design elements: a. Covered front porches (may count toward meeting recreation space requirements); b. A variety of roof planes; c. Windows and doors recessed a minimum of 2 inches; d. Paned windows and doors; e. Exposed roof rafter tails; f. Window and door lintels; g. Dormers; h. Accent and varied shape windows; i. Exterior wood elements; j. Raised stucco trim around windows and doors; k. Accent materials such as brick, stone, shingles, wood or siding, and; I. Knee braces (1) Setbacks are applicable to streets that include parkways and sidewalks along both sides. For existing streets without parkways, the front setback shall be as follows: Front porch - 16 feet, residence - 20 foot minimum, side-entry garage - 10 feet, direct entry garage - 20 feet. (2) The average.front yard setback is determined by adding together all of the unit front yard setbacks (the setback for each unit should be measured from that element of each building, excluding projections, that is located closest to the front property line) and dividing that total by the total number of project units. -9- 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 Standards Minimum Building Separation Resident Parking Visitor Parking Compact Parking Recreational Space: . Private . Common Requirement 20 feet average with a minimum of IO feet between structures. No structures (i.e.; stairs, stairwells, balconies etc.) are permitted to encroach into this setback. l One 12 feet x 20 feet car garage and 1 covered or uncovered space per unit l Studio units - 1.5 spaces; 1 covered per unit l 10 units or less: 1 space for each 2 dwelling units or fraction thereof l 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 dwelling units above 10 l Visitor parking spaces must be located no more than 150 ft. as measured in a logical walking path from the entrance of the unit it could be considered to serve. l Visitor parking must be provided in parking bays. For projects of more than 25 units, up to 25 percent of visitor parking-may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. l Projects of I-IO dwelling units - 15 ft. x 15 ft. patio a 120 sq. ft. of balcony area. l Projects of more than 10 dwelling units - 10 ft. x 10 ft. patio2 6 ft. x 10 ft. balcony l Projects of more than 10 dwelling units - See General Standards, Table C 21.45.090 Residential Additions and Accessory Uses A. Residential Additions and Accessorv Uses. Table F includes a listing of Residential Additions and Accessory Use Standards that are permitted based on the type of residential use, the type of permit required and the required development standards. Type of Residential Use Single-family Attached/ (SF), Two- detached Patio family (TF) Covers SF SF, TF Res lential Additic Type of Front Yard Accessory Use Setback Garages, Workshops Front yard Arbors 20 feet 5 feet to 5 feet to posts with posts with a permitted a 2 foot permitted overhang 2 foot 20 feet 5 feet 5 feet NA L Table F -lO- I 5 Require Remarks d Permit Open or lattice- Building top patio covers may be located within the required private recreation space, See (2) Residenti al Addition Open trellises or Building arbors not greater in size than 4 ft. x 6 ft. x 10ftor4ft.x10 ft. x the width of the driveway if used over a driveway 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 #l :2 13 #4 .5 6 7 8 Type of Residential Use SF, TF SF, TF SF, TF SF SF Guest Houses SF. TF Pool, Spa SF, TF Type of Front Yard Side Yard Accessory Use Setback Setback Tool Sheds, Decks over 30 inches in height Porte-cochere Room Additions, Other Habitable Structures Second Dwelling Units Satellite Antenna ing height is 14 feet 1 :h a 3:12 roof pitc or 10 feet with Minimum IO-foot separation required between habitable structures. Must be architecturally compatible with the existing structure. 20 feet Must observe same setbacks as home Must comply with all developme nt Standards of Section 21.45.070 Must comply with all developme nt standards of Sections 21.10.015 and 21.45.070. Must comply with all developme nt standards of Section 21.45.070 20 feet NA NA NA 5s than a 3:12 root 5 feet Must observe same setbacks as home 5 feet - pool 2 feet - spa Rear Yard Setback 5 feet NA 5 feet - pool 2 feet - spa Equipment may 38 placed in lsquired yards subject to Building Code requirements NA Remarks See (1) See (I), (2) See (21, (3) See (21, (3) Require d Permit Building Tesidenti II Addition tesidenti al Addition Second Dwelling Unit lesidenti al Addition Building See Sections 21.53.1 40, 21.45.0 60 B. Residential Addition Permit. Application for a Planned Development Residential-Addition Permit (PDRAP) shall be made in accordance with the procedures set forth in this subsection. 1. Application Process. An application for a Planned-Development Residential-Addition Permit may be made by the owners of the property or an-authorized agent. The application for a Residential Addition Permit shall be made in writing on the form provided by the Planning Department -1 l- 1 2 3 4 4 6 7 8 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and shall be accompanied by the required fee. The application shall include amended exhibits, graphics, statements or other information as specified by the Planning Director. 2. Noticing. Upon the acceptance of a complete application and payment of the required fees, the Planning Director shall notify at least 15 days prior to a decision on an application by mail or personal delivery, all property owners as shown on the latest equalized assessment role and located within 100 feet from the property line of the subject property. a. Written Objections. Any person so notified may file written objections or a written request to be heard within 10 days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the Planning Director shall schedule a hearing and provide written notice to the applicant and the person who requested the hearing at least five days prior to the hearing. The hearing is not a public hearing and may be informal. b. Notice of Decision. Notice of the Planning Director’s decision on a Residential Addition Permit shall be mailed to the applicant within five days of the date of the decision. The Planning Director may approve or conditionally approve the request if glJ of the required standards are met. If a hearing is held, he shall render his decision within 10 days after the conclusion of the hearing. The letter shall also be sent to any person who requested notice or appeared at the hearing. C. Appeal. Any decision of the Planning Director pursuant to this section may be appealed by any person to the Planning Commission in accordance with Chapter 21.54, Section 21.54.140 of this code. 21.45.100 Amendments to Permits. A. Amendments to a permit may be initiated by the property owner or an authorized agent or by motion of the City Council, as follows: 1. Minor Amendment. A project revision may be considered and approved as a Minor Amendment only if all of the following findings are made: a. Density. The proposed revision does not increase the density (i.e. the addition of units), decrease the density by more than IO%, or change the boundary of the subject property. b. Addition of New Land Use. The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g. adding a commercial use to a residential project, replacing single-family units with attached residential units, vice versa for each example, etc) c. Rearrangement of Land Uses. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units). d. Compliance with Standards. The proposed revision does not create changes of greater than 10% provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code as follows: 1) Per individual lot or structure basis: Yards, setbacks, coverage or height (except that height reductions of more than 10% are permitted); 2) On an aggregate project basis: Parking, open space, recreation or landscaping areas. e. Application Process. The application for a Minor Amendment shall be made in writing on the form provided by the Planning Department and shall be accompanied by the required fee. The application shall include amended exhibits, graphics, statements or other information as may be required to explain and justify the request. f. Notice. If the Planning Director considers the amendment minor in nature the Planning Director shall give written notice by mail or personal delivery to all property owners within 300 feet of the subject property, as shown on the latest equalized assessment role, at least 15 days prior to a decision on an application. g. Appeal. Otherwise, Any decision of the Planning Director pursuant to this section shall be processed, heard, and determined in accordance with Section 21.54.140 of this code. 2. Major Amendment. An application for a Major Amendment of a Planned Development Permit shall be processed, heard and determined in the same manner as an application for a Planned Development Permit. When necessary, the amendment shall be accompanied by an amendment to the corresponding parcel map or tentative map. 21.45.110 Conversion of Existing Buildings to Planned Developments A. Applicabilitv. Any application for a condominium conversion, shall not be subject to the amended provisions of this chapter but shall be processed and approved or disapproved pursuant to the ordinance in effect at the time that the original project was approved or constructed. B. Buildinn Plans and Gas/Electric Plan. An application for conversion of an existing structure to -12- 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 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 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 are acceptable. C. Notice to Tenants. In addition to all other required findings for a subdivision, the City Council shall find that: 1. First Notice. Each of the tenants of the proposed condominium or planned development project has been or will be given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations 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 Section 1941, 1941 .I and 1941.2 of the Civil Code. 2. Right to Contract for Purchase. Each of the tenants of the proposed condominium or planned development 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 at terms more favorable to the tenant. The right shall run for a period of not less than 90 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. 3. Relocation assistance. The subdivider shall provide relocation assistance equal to one month’s rent to any residential tenant who relocated from the building to be converted after receipt from the subdivider of the notification required by this chapter, 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 15 days following the subdivider’s receipt of notification from the tenant of the tenants intent to vacate unless other arrangements are made in writing between the tenant and the subdivider. 21.45.120 Expiration, Extension and Revisions A. The expiration, extension or revision of a planned development of 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. The expiration, extension or revision of a planned development of five or more lots or units shall be governed by the provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative map. 21.45.130 Proposed Common Ownership Land or Improvements A. Where a planned development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&Rs) with the final map. 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. The CC&Rs shall include provisions prohibiting the homeowners’ association from quitclaiming land in an Association easement for ownership to private property owners thus allowing the homeowners to privatize a common area for his/her own use. The CC&RS shall be reviewed by and subject to approval of the Planning Director. 21.45.140 Maintenance A. 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 Planning Director shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. 21.45.150 Failure to Maintain A. Public Nuisance. All commonly-owned lots, 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. B. Removal of Public Nuisance. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the Public Works Director 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. Notice of Maintenance Reauired. The notice shall be in writing and mailed to all persons -13- 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 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 Public Works Director to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The Public Works Director 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. D. Commence Work Within 30 Davs of Notice. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within 30 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. E. Expiration of Thirtv-Dav Period. If upon the expiration of the thirty-day period provided for in subsection (D), the work has not been done, or having been commenced, is not being performed with diligence, the Public Works Director shall proceed to do such work or cause such work to be done. Upon completion of such work, the Public Works Director 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 the cost is to be assessed. The Public Works Director 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 Public Works Director’s report and will hear any protests against the assessments. Such notice shall also set forth the amount of the proposed assessment. F. Hearinq. Upon the date and hour set for the hearing, the City Council shall hear and consider the Public Works Director’s report and any protests before proceeding to confirm, modify or reject the assessments. G. Confirmation of Assessment. A list of assessment as finally confirmed by the City Council shall be sent to the city treasurer for collection. If any assessment is not paid within 10 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, in a form approved by the City Attorney. H. Notice of Lien. 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 have priority according to law. 21.45.160 Model Homes A. Except for model homes, building permits for construction within the proposed planned development shall not be issued until a final subdivision map has been recorded for the project. A maximum of six model home units may be constructed prior to recordation of the final map, provided that adequate provision acceptable to the Planning Director and City Attorney are made guaranteeing removal of such complex if the final map is not recorded. 21.45.170 Restriction on Reapplication for Planned Development Permit A. No application for a Planned Development 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 12 months of such denial. This provision may be waived by the affirmative vote of a majority of the City Council. SECTION II: That the findings of the Planning Commission as set forth in Planning Resolution 4958 constitute the findings of the City Council. 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 a newspaper of general circulation within fifteen days after its adoption. //I -14- 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 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 a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 11th day of DECEMBER ,2001, and thereafter. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 18th day of DECKER , 2001, by the following vote, to wit: AYES Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None ATTEST: (SEAL) -15- 16