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HomeMy WebLinkAbout1972-11-29; City Council; 956; Amendment to Title 21 of Municipal Code•THE CITY O F Agenda Bill No. CARLSBAD, CALIF' ORNIA / <?-&) 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 1 2 3 4 5 6 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. -2- 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 .<!.» .-•»*- 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 29 30 31 32 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. XX XX XX XX XX XX XX XX XX 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 29 30 31 32 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) -2- 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 29 30 31 32 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." 1 2 3 4 5 6 7 8 9 10 II. Topography 11 (2) The following information shall be required: 12 (a) Legal description and map of exterior property. 13 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. 14 (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" 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 1 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. -3- 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 29 30 31 32 (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." XX XX 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 29 30 31 32 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. XX XX -5- 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (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." XX XX XX -6- 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. 29 XX 30 XX 31 XX 32 XX -7- 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 29 30 31 32 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) -8-