HomeMy WebLinkAbout1972-11-29; City Council; 956; Amendment to Title 21 of Municipal Code•THE CITY O F
Agenda Bill No.
CARLSBAD, CALIF' ORNIA
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Date: November 29, 1972
Referred To: City Council
subject: Amendment to Title 21 of the Carlsbad
Municipal Code, changing the content of the Planned
Community Ordinance No. 9218.
Submitted ByPlanning
Commi ssion
Statement of the Matter
On November 14, 1972, a public hearing was held to consider an
amendment to Title 21 of the Carlsbad Municipal Code, changing
the content of the Planned Community Ordinance No. 9218.
After hearing anyone present to speak in favor or opposition
to the proposed changes, the Planning Commission discussed the
proposal. Resolution No. 853, was adopted, amending the content
of the P-C Ordinance.
The documents itemized below complete this application for your
further review and hearing.
Exhibit
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7
P-C Committee
Staff Report,
Staff Report,
Resolution No,
Exhibits A, B
Resolution #3027, announcing
Ordinance No. 9338.
Recommendations
dated November 14', 1972
dated November 29, 1972
853, announcing findings
C
findings and decisions
and decisions
Staff Recommendations
Staff recommendations
staff reports.
are more completely outlined in referenced
• AB No. Date .
City Manager's Recommendation
Council Action
12/5/72 coni?±H ±nUJltC He;rfng, discussion on this matter was .continued until the next regular meeting.
12/19/72 Resolution #3027 was adopted, and a first reading was given
to Ordinance No. 9338, subject to the change under Section
21.38.050, subsection 7.
1-2-73 Ordinance #9338 was given a second reading and adopted, amending
Title 21 (Ordinance #9218, changing the content of the
Planned Community Ordinance.
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November 14, 1972
TO:
FROM:
SUBJECT:
APPLICANT:
PLANNING COMMISSION
PLANNING DEPARTMENT
AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE, CHANGING THE CONTENT OF THE PLANNED COMMUNITY
ORDINANCE 9218
INITIATED BY PLANNING COMMISSION RESOLUTION OF
INTENTION NO. 80
General Discussion
On May 6, 1972, a Planned Community Study Committee was
organized at the request of Council Representative, Lew Chase.
The committee comprised of Jerry McClellan, John Mamaux, Bob
Watson, Jim Winslow, Fred Harris, Bob Ladwig, and Ray Barrett.
Also included were ex officio members Don Agatep of the Planning
Department and Lew Chase of the City Council.
The objective of the committee was established as:
1. Define the intent and purpose of the Planned Community.
2.Provide the guidelines of control which would allow a
developer to establish the economic feasibility of a
Planned Community prior to presentation to the Planning
Commi ssion.
Establish the "specific" requirements of a Planned
Community in the areas of structure heights, density,
and open land area.
Provide the
establi shed
citizens interest aspect to guidelines
for Planned Communities.
5. Provide the Ordinance parameter for development of
Planned Community within boundaries of the General Plan
The overall approach o
Planned Community Ordinance
Planned Communi'ti es from a
viewpoint. The ordinance i
property owners adjacent to
specifics and requirements
sizes of acreage available
control the growth potentia
f the committee was to provide a
which would enhance acceptance of
city, developer, and citizens
s to provide protection to the
a Planned Community, provide the
of a Planned Community based upon
for the developer, and enhance and
1 and beauty of Carlsbad.
November 29, 1972
STAFF REPORT/MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PLANNING DEPARTMENT
SUBJECT: AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE,
CHANGING THE CONTENT OF THE PLANNED COMMUNITY ORD. 9218
APPLICANT: PLANNING COMMISSION
General Discussion
The Planning Commission at it's regularly scheduled meeting of Novem
ber 14, 1972 adopted Resolution No. 853 recommending the proposed
changes to the Planned Community (P-C) Ordinance 9218.
The Planning Commission adopted the recommendations of the P-C
study committee plus recommended the following provisions be
added to the committee's recommendations:
1. Include the computations of open space area,
building area, street areas (public and private)
as part of the information submitted on the
specific plan.
2. Include a covered parking requirement of one
space per unit.
3. Include the designation of public vs. private
streets .
4. Include a provision for cable T.V. per condition
currently established by the Engineering Department.
.Thej Planning; Coram.iss-iori ;al so discussed the hbight gftacfiualdiiMM rrc
according to a definition prescribed by Section 408 and 409 of the'
U.B.C. "Height of a Building . . ." Exhibit A
The committee's recommendation defined building height as 35 feet
above the maximum natural height of the development. Exhibit B
The Carlsbad Municipal Code defines height as: Sec. 21.04.065
Height ..... Exhibit C
It is the Planning Commission's desire to adequately define the
height of the building in a consistent and uniform manner, thereby
leaving little room for subjective evaluation.
Attached to this memorandum is a copy of the staff report to the
Planning Commission, the PI anned^Communi ty Committee recommendations
and the Planning Commission Resofution No. 853.
.
DONALD A. AGATEP \ \
Page Two
Staff Report
At the Planning Commission adjourned meeting of September 8, 1972,
the following items were recommended as a part of the proposed
P-C Ordinance revision:
A. Potential environmental impact statements as a portion
of a Master Plan submission.
1. At such time as the City of Carlsbad has policy or
ordinance requiring an Environmental Impact Statement
Study, then studies should be included as a required
portion of the P-C Master Plan/Specific Plan submittal
B. Include computation of Open Space;>Bui1dings , Streets
(public and private), etc. as a portion of information
on Specific Plan and/or .Master Plan.
C. Potential covered parking requirement space/unit.
D. 21.38.050-7 Label public and private streets on Specific
Plan and Tentative Map submissions.
1. Establish criteria for public and private streets.
E. 21.38.040-8 Include provisions for cable T.V.
F. 21.38.050-8a, b, c, Heights. Definition and wording
of ordinance sections pertaining to heights.
The attached resolution represents the proposed revision which
was adopted by the Planned Community Study Committee.
Recommendations :
Staff recommends approval of the subject amendment to Title 21
for the following reasons:
Reasons of Approval :
1. There are certain land areas within the incorporated territory
of the City of Carlsbad which possess unique characteristics and
features of geographical, geological, topographical, or historical
nature the basic character of which, where feasible, should be
preserved.
2. More creative and imaginative designs for development of
residential areas than is generally possible under conventional
zoning regulations shall be encouraged.
3. More economical and efficient use of the land
a harmonious variety of housing choices, a higher
amenities, and preservation of natural and scenic
open spaces shall be promoted.
while providing
level of urban
qualities of
JORTTCD A
Planning
AGATEP
Di rector
FINISH GRADE
FINISH GRADE-'
UNIFIED BUILDING CODE DEFINITION OF HEIGHT
PER SEC. 409 U.B.C-
GRADE : PER SEC 408 U-B-C.
EXHIBIT A
Birr
NATURAL
ELEVATION
MEAN NATURAL GRADE
NATURAL
ELEVATION
MEAN NATURAL
GRADE
P. C. COMMITEE RECOMMENDATION
EXHIBIT B
•tt.vn.i4.
35
STREET
35
STREET
CITY OF CARLSBAD DEFINITION OF HEIGHT
PER SEC 21.04.065 TITLE 21
EXHIBIT C
It .<!.» .-•»*-
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RESOLUTION NO.3027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD ANNOUNCING FINDINGS AND DECISIONS
REGARDING AN AMENDMENT TO THE PLANNED COMMUNITY
(P-C) ORDINANCE NO. 9218.
WHEREAS, on the 14th day of November, 1972, the Carlsbad
City Planning Commission adopted Resolution No. 853, which is
hereby referred to and made a part hereof; and
WHEREAS, on December 5, 1972, a duly advertised public
hearing was held as prescribed by law to consider amendment to
the Planned Community Ordinance No. 9218 of the Carlsbad Municipal
Code, Chapter 21.38, Sections 21.38.010, 21.38.020, 21.38.030,
21.38.040, 21.38.050, 21.38.060.
WHEREAS, the City Council received all recommendations
and heard all persons interested in or opposed to the proposed
amendments to Chapter 21.38,
NOW, THEREFORE, the City Council of the City of Carlsbad
DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the
Planning Commission contained in Resolution No. 853 constitute
the findings of the City Council of the City of Carlsbad.
BE IT FURTHER RESOLVED that the City Council does hereby
declare its intention to adopt an ordinance to effectuate the
proposed amendments to Chapter 21.38.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council held on the 19th day of December, 1972, by the
the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: none.
ABSENT: None.
DAVID M. DUNNE, Mayor
ATTEST:
MARGARET E. ADARS4 City Clerk
(SEAL)
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ORDINANCE NO. 9338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.38, SECTIONS 21.38.010, 21.38,020, 2138.030,
21.38.040, 21.38.050 AND 21.38.060 OF THE
CARLSBAD MUNICIPAL CODE REVISING REQUIREMENTS
AND PROCEDURES APPLICABLE TO THE P-C (Planned
Communi ty) ZONE .
WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad
Municipal Code, the Planning Commission did on November 14, 1972,
hold a duly noticed public hearing to consider the certain amendment
to the Planned Community (P-C) Zone of the City of Carlsbad, as set
out in Chapter 21.38, Sections 21.38.010, 21.38.020, 21.38.030,
21.38.040, 21.38.050, and 21.38.060, and;
WHEREAS, the Planning Commission has made certain findings
and has recommended that the City Council of the City of Carlsbad
enact said amendments into law, and;
WHEREAS, The City Council of the City of Carlsbad has by Resolu
tion No. 3027 adopted said findings as their own and expressed their
intent to amend the law in accord therewith;
NOW, THEREFORE, BE IT ORDAINED, as follows:
1. Section 21.38.010 is amended to read as follows:
"Section 21.38.010 Permitted Uses. The following uses only
are permitted in the P-C Zone:
(1) Single-family dwellings, two-family dwellings, multiple-
family dwellings, or any combination thereof, and accessory uses arid
buildings normally incidental thereto.
(2) (a) Parcels less than 50-acres - no commercial use
permitted.
permi t.
(b) Parcels 50 to 100 acres: C-l with conditional use
(only those uses intended to service primarily the proposed
development).
(c) Parcels of 100 acres or more. C-l permitted; C-2
with Conditional Use Permit.
(3) Non-profit community centers, social halls, churches, club
recreation facilities, parks, and schools, subject to Provisions of
Chapter 21.42."
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II. Topography
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(2) The following information shall be required:
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(a) Legal description and map of exterior property.
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2. Section 21.38.020 is amended to read as follows:
"Section 21.38.020 Change of Zojie --Procedure—Master Develop-
ment Plan Required.
(1) Applications for zone change to P-C zone shall be consider
ed by the Planning Commission, and the City Council, on proper usage
of land alone, and they shall make their judgements guided by the
fol1owi ng:
(a) Existing zoning.
(b) Density per acre allowed by general plan.
(c) Compatibility with adjoining properties.
I. Existing development.
(b) Name and address of owner.
(c) Name and address of person/persons preparing the plan.
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(3) If provisional approval is given on zone change, a master
15 plan in compliance with 21.38.040 of this ordinance shall be submitted
16 for acceptance within a 12 month period from the date of provisional
17 approval or the provisional zone change will be forfeited. An applica
is"
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tion extension may be requested and approved pending Planning Commissi
and City Council judgement and application extension justification.
(4) After approval of zone change development of said property
shall proceed upon completion of and in compliance with the following
P-C Ordinance Sections: 21.38.030, 21.38.040, 21.38.050, and 21.38.06b
3. Section 21.38.030 is amended to read as follows:
"Section 21 ..38.030 • Contents of Master Plan - Open Space and Parking
Requirements. The Open Space and Parking Requirements of the Master
Development Plan shall contain the following:
(1) A minimum of 66-2/3% of the total development acreage,
exclusive of all streets, dedicated and private, shall be required
for open space.
(2) Open space shall not include streets , dwellings, garages,
carports or uncovered parking areas; but shall include landscaped
utility easement, golf courses, landscaped recreation parks and re-
lated recreation facilities, other remaining open land improvements
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dedicated as private, swimming pools, pedestrian walkways, driveways,
arbors or shade structures designed as an integral part of the site's
landscaping. Visitor and/or recreational vehicle parking in excess
of required parking may be considered 100% of open space, provided
said excess parking does not exceed 1.5 spaces per 2 dwellings.
(3) Parking as follows: Required off-street parking per unit
shal1 be:
(a) Studio or efficiency unit - 1.5 spaces
(b) One bedroom unit - 1.5 spaces
(c) Two bedroom unit - 1.75 spaces
(d) Three or more bedroom unit - 2.00 spaces
(Ord. 9262 $2.,1971; Ord. 9218 SI (part), 1968; Ord. 9060
S1377)."
A minimum of one covered parking space per unit shall be
provided. Uncovered parking spaces shall contain 200 square feet.
4. Section 21.38.040 is amended to read as follows:
"Section 21 .38.040 Master Development Plan to set forth Certain
i nf orma_ti on .
The Master Development Plan shall set forth at least the
fol1 owing:
(1) Legal description and map of the exterior boundary.
(2) Name and address of owner (owners) and developer of all th
property.
(3) Name and address of the person or persons who prepared
the pi an.
(4) Proposed use of all lands within the subject property.
(5) Number of dwelling units per acre proposed for each re-
sidential area shall be as follows:
(a) 100 acres or greater: Shall be in compliance with the
General Plan density.
(b) Less than 100 acres: Shall be in compliance with the
General Plan density - or if development property is within 300 feet
of other residential zones, then the density of the development shall
not exceed the allowed density of current zoning of said development
property.
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(6) A Plot Plan and/or Written Statements of:
(a) Approximate location and net area of school sites,
park sites, major recreational facilities, and open spaces.
(b) Location of all proposed highways and major collector
streets within the development, and their relationship to the city's
circulation element.
(c) North point, scale (not to be less than one inch equals
two hundred feet), and date of preparation.i
(d) Designation by alphabetical letter of the units of
development.
(7) Topographic map at the same scale as the master developmen
plan showing five foot (5') contour intervals on five percent (5%)
plus slopes and two foot (21) contour intervals on all other slopes
and also showing all other groupings of existing trees and other
natural features.
(8) A brief written statement describing proposed provisions
for storm drainage, sewage disposal, water supply, cable T.V., and
otherutilities.
(9) A written statement of the development program setting
forth the manner of conveyance if the property is to be subdivided,
the use of open space, and the methods and techniques for landscaping
and maintaining such open spaces, if applicable.
(10) The tentative time schedule for completion of development.
(11) Total acreage is defined as acreage within P-C boundaries
exclusive of existing public designated streets.
(12) After approval of the master development plan, a specfic
plan and tentative map on a portion or portions of the development
must be submitted within 12 months - or the zone change and master
development plan is forfeited.
(13) The computation of open space, buildings, streets (public
and private), etc. as a portion of information shall be included."
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5. Section 21.38.050 is repealed.
6. Section 21.38.060 is renumbered 21.38.050 and is amended
to read as follows:
"Section 21.. 38.050 Specific Plan and Tentative Map - Contents.
Prior to issuance of any permits, a specific plan prepared by a regis-
tered architect, or civil engineer for the specific area proposed
for development shall be adopted. The following permits may be issued
after adoption of the specific plan and/or tentative map, prior to
s.
final map filing.
(1) Building permits for land development. Land development
is classified as retaining walls, land grading, earth movement, and
structures pertinent thereto.
(2) Building permits for recreational sites.
(3) Building permits for model of proposed dwellings (4 dwell
ing units maximum).
Specific plan shall include the following:
(1) A map showing the location of the specific plan in relati
to the master development plan.
(2) A legal description and boundary map of the property.
(3) The name and address of the registered architect or
civil engineer who prepared the plan.
(4) The name and address of the owner or owners and the de-
veloper of the property.
(5) The use of al1 1 and.
(6) The number of dwelling units per acre; in compliance with
the General Plan Density, or if applicable, less than 100 acres, in
compliance with current zone requirements.
(7) The location, dimensions, and types of improvements pro-
posed for all streets, walkways, driveways, parking and service areas.
All streets shall be labeled, both public and private.
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(8) The location, height, number of stories and number of
units for each proposed residential structure.
(a) One hundred acres or greater developments - No height
restrictions on P-C structures if the structure is located more than
500 feet from the boundaries of the P-C Zone. In all other cases
structures shall not exceed 35 feet in height as defined in Section
21.04.065 of the Carlsbad Municipal Code.
(b) Less than one hundred acre developments - the height of
the structure shall be limited to 35 feet as defined by Section
21.04.065 of the Carlsbad Municipal Code.
(c) Structures with heights greater than 35 feet as defined
in this ordinance shall be approved by Conditional Use Permit.
(9) Detailed type and location of all other uses.
(10) Landscape plan of the complete development.
(11) A topographic map of the proposed developed property and
typical cross-sections or sketches of the project sufficient to show
the proposed method of adopting the development to the site.
(12) Elevation and architectural renderings of typical buildings
and other structures.
(13) Prior to filing of the final map, an irrevocable offer
to dedicate those areas shown on the plans as public property wi11 be
made.
(14) A tentative subdivision map, per requirements of Carlsbad
Subdivision Ordinance, of the property. A final subdivision map shall
be subject to approval prior to the start of construction.
(15) A legal instrument, in compliance with the State of Cali-
fornia Subdivision Map Act, shall be submitted prior to the filing of
the final map and setting forth the manner of conveyance if the pro-
perty is to be subdivided."
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1 7. Section 21.38.070 is renumbered 21.38.060 and is amended
2 to read as follows:
3 "Section 21.38.060 Filing procedure for zone change ,__maste.r
4 development plan, specific plan, subdivision maps and amendments.
5 The procedure for filing of applications and plans for change of zone,
6j adoption of master development plan, specific plan, and tentative
subdivision maps, or amendments thereto, shall be as follows:
(1) The applicant shall request through the City Manager, a
pre-filing conference to be held at least seven (7) days prior to
the filing of the required documents for a change of zone to the
11 P-C Zone.
12 (2) The formal filing of said documents and applications must
13 be made at least three weeks prior to any regularly scheduled meeting
14 of the City Planning Commission to be heard at the meeting. The
filing must contain the following items:
(a) One sepia reverse brown line and twenty blue line prints
for each master development plan, specific plan, and tentative map.
18 (b) Filing fees shall be in accordance with established fee
19 schedules.
20 (c) If filed concurrently - Specific Plans and Tentative
Map shall be included as one fee.
22 (d) If filed concurrently - Zone Change and Master Plan
23 shall be included as one fee. The fee shall be in compliance with
24.* that of a zone change fee.
25 EFFECTIVE DATE. This ordinance shall be effective 30 days
after its adoption and the City Clerk shall certify to the adoption
nrt' of this ordinance and cause it to be published at least once in the
Carlsbad Journal within 15 days following its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 19th day
of December 1972, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held on the 2nd day of
January . 1973, by the following vote, to wit:
AYES: Councilmen Dunne, Lewis, Chase and Frazee.
NOES: None.
ABSENT: Councilman McComas.
DAVID M. DUNNE, Mayor of the
City of Carlsbad, California
ATTEST:
~E."AD"AM"5","rci ty "CTerTc
^STe
(SEAL)
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