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HomeMy WebLinkAbout1975-12-30; City Council; 3556; Proposed Planned Community Zone Amendment. ., CITY OF CARLSBAD r ~ -• ' '"" •""rn"— -* ^^ Initial; AGENDA BI.LL NO. ^^SL ~ Dep-t. Hd.J^December 30, 1975 'City Atty__ DEPARTMENT; Planning City Mgr. SUBJECT: Proposed Planned Community Zone Amendment Statement of the Matter : The Council adopted an interim Ordinance on December 2, 1975 prohibiting processing and approval of Master Plans and Specific Plans in the P-C Zone (Ord. 9445). Prior to this action, on November 4, 1975 the Council instructed staff to redraft the existing Planned Community Ordinance and to present the revision to the Council within sixty days. To accomplish this end, staff has completed the following: ' 1) Compared the original P-C Ordinance adopted in 1968 against the present P-C .Ordinance as amended in 1973. 2) Analyzed and reviewed the present P-C Ordinance. 3) Reviewed some of the latest P-C Zones or processes of other Cities and .Communities. .4) Prepared annotated outline of P-C Zone revision. 5) Prepared a Planned Unit Development Ordinance that will be used in conjunction . with revised P-C Zone. Exhibits: " • Memo to City Manager from Planning Department dated 12-18-75. Planning Department Report on Review of Present P-C Zone. Annotated outline of P-C Zone Revision Draft of Planned Unit Development Ordinance ' * Recommendation: If the Council is satisfied with the outline of the P-C Zone revision and Planned Unit Development draft ordinance, it is recommended that staff be instructed to draft same in ordinance form and forward to Planning Commission for public hearings. ' Council Action 1-20-76 It was agreed that this matter be postponed to another work- shop session. f MEMORANDUM December 18, 1975 TO: CITY MANAGER FROM: PLANNING DEPARTMENT RE: REPORT ON PLANNED COMMUNITY DEVELOPMENT It has been apparent to the Planning Commission and City Council for some time that development has been occuring in the P-C Zone that is not the type of development as originally intended when thi's zone was adopted. In addition, some problems in the processing planned development proposals and administering P-C developments after being completed have been noted by staff. Therefore, on November 4, 1975, the City Council requested that staff review these problems, provide alternative solutions and report back. A major concern raised by the Planning Commission and City Council is the inability to promote the type of development that is felt should be used in some of the unique areas of the City. Specifically, the P-C zone does not provide the development guideline or criteria to assure "planned unit development". The fact is the P-C zone is not designed to guide or promote "planned unit development". The P-C zone in Carlsbad as well as in most communi- ties" in. California is designed to provide for a process to plan communi- ties within the City. Examples of Planned Communities are Rancho Bernardo, Rancho San Diego, and La Costa (not just the P-C zoned portions, but all of La Costa). P-C zones provide for all uses that make up a viable community such as the various density levels of residential, commercial, professional and compatible industrial. A Planned-Community zone does not imply "planned unit development" though it may contain some or be all "planned unit". In contrast, in most California cities, "planned unit" mears a process to develop property in a single use with flexibility of development standards provided certain ammenities are built into the project. Examples of "planned unit" are the Papagayo and Tiburon developments. Therefore, to meet the type of development requests in Carlsbad and to provide for the desires of the Planning Commission and City Council, we need both a P-C zone and a Planned Unit Development process. More specif- ically, they are needed because: P-C ZONE: 1) Provides for large scale planning in greater detail than the General Plan. 2} Provides a more detailed and meaningful joint city/applicant planning process than the General Plan provides. 3) Carlsbad has large areas of undeveloped property that can pro- vide for communities within the City. PLANNED UNIT DEVELOPMENT PROCESS; 1) Provide a means to develop "planned" developments in all zones and in any appropriate property at the initiation of the applicant. 2) Provides for flexability in planning areas where "normal" development would be inappropriate. 3) Provides for joint City/applicant approval process. 4) Carlsbad has many areas in all zones that would benefit from flexability of development standards. 5) The PUD could be used to implement parts or all of a P-C zone. Recognizing the need for a PUD Ordinance, the Planning Commission held workshops to develop a PUD Ordinance. Based on these workshops, the PUD Ordinance has been drafted by the City Attorney. Also, as requested by the City Council, staff has prepared an outline of a P-C Zone that would meet the City's desires and dovetail with a PUD process, thus giving the City a complete range of development possibilities. In preparing the proposed amendment, staff considered the Planning Commis- sion and City Council desires, and how any change 'would affect the existing ordinance and the existing P-C zoned land and developments. Taking all this together, the methods that seem simple and are successful in other cities would not be appropriate in Carlsbad. The method worked out by staff, as indicated in the attached outline, does take into account the. expressed desires and the existing situations. Generally, the proposed alternative method is as follows: 1) Amend the P-C zone to provide for a true "planned community" concept with a means to give development standards, but at the same time providing for the existing small P-C zoned areas that are not communities. Also, an important part is a PUD process that not only will give the assurance of "planned unit development" where desirable in a P-C zone, but will also provide a means to develop small P-C properties without the cumbersome Master Plan and Specific Plan process. In addition, the PUD can be used at the request of owner of property anywhere in the city in any zone with the approval of the City Council. Staff believes this is the most appropriate solution, however, there are any number of alternative solutions; three of these alternatives that gen- erally fit into the compendium are as follows: 2} Revise the existing P-C zone, but do not adopt a PUD process. The revision to the P-C zone would establish by ordinance the process and establish development standards, City discretion or both. This would be the simpliest amendment and would change the process little from.the present method. The weak- nesses with this method are as follows: a) Does not change the present relatively difficult method of approval process, involving three public hearings and redundant plans. -2- 3) 4) Will not provide for "planned unit development". Will not assure "planned community development". Revise P-C zone to a "true" planned community zone, and rezone to appropriate zones those P-C properties that are too small to be communities. A PUD process would not be a necessary part of this alternative. This alternative will assure planned community development and the most straight forward process and cause the least administrative problems in the future. However, there are problems as follows: a) Many properties would have to be rezoned out of the P-C b) zone. Not only is this to the property owners, priate zones for all of need rezoning. The P-C zone still will ment". time consuming and objectionable but the City may not have appro- the existing P-C zone that would not assure "planned unit develop- Provide for both a P-C zone and PUD process as suggested by staff, but have the PUD process ministerial. This has all of the positive attributes as noted in the first alternative and will make the processing of a PUD simpler. However, there are problems as follows: a) No discretion in the approval of PUDs. b) No public input during the review of a PUD. There are many more alternatives and combinations thereof. However, staff believes that in Carlsbad with the existing situations and history of P-C applications, the modifications as suggested in the first alterna- tive are the most satisfactory. )onald A. Agatep Planning Director DAA:BP:mdp -3- REVIEW OF PRESENT P-C ZONE December 18, 1975 Staff has noted the problems with the P-C Zone process as discussed by the Planning Commission and City Council. In additon staff has dis- cussed administrative problems that normally do not come to the attention of the Planning Commission or City Council. The more pertinent of all problems noted is listed below: The first two problems are the most severe and most apparent. 1) Lack of Development Standards: The P-C Zone lacks sufficient development standards: The only development standards in the present P-C Zone are open space of 66-2/3% of total develop- ment (which is generally within open space of "normal" residential subdivisions) and residential parking space require- ments (which are the same as regular development, except that that one of the spaces must be covered in the P-C Zone). The P-C Zone is therefore a zone with total design flexibility. However, the zone does not provide for discretionary decisions to guide development. Therefore, the P-C Zone is a complicated process involving three or more public hearing actions yet permits the City little control on development. Flexibility in zoning is necessary, especially in some of Carlsbads more environmentally sensitive areas; however, the process should contain standards for guidelines or discretionary decisions or both. 2) Lack of processing procedures: The present P-C Zone requires that an applicant meet with staff prior to submittal of plans and that these plans be approved by the Planning Commission. No other processing procedures are indicated. These other processes have been worked out in time but there is no authority. The Master Plan is approved by the City Council in Ordinance form since it is part of the Zone Change. The Specific Plan has been done differently at different times. Presently Specific Plan are approved by City Council in ordinance form since the Specific Plan is now considered equivelent to the zoning ordinance. For the benefit of an applicant as well as the City processes should be formalized and given proper authority. 3) The intent of the P-C Zone is not clear: Specifically what does "Planned" mean? Is it a process where communities containing various land uses can be developed comprehensively or is it a zone where flexability is given to development regulations for a single development as a trade off for community amenities. 'An example of this confusion is the recent Sommers Development (SP-170). What was finally approved was a development (SP-170 contains 3500 sq. ft. lots) and was also not an adequate "Planned" development since the amenities were very minor (one vest pocket play area and a steep manufactured slope that is unusable for recreation with questionable scenic value) and there is not a variety of housing types and land uses. In other words, it is not a community containing various living styles and neighborhood centers and shopping, it is simply a single development with reduced development standards. 4) No provisions to require "Planned Unit" development: The major misconception of the Planned Community Zone is that it requires some sort of "clustering" of units in buildable areas with common open space and recreational areas'. The zone does not require this and some of the developments are simply "nor- mal" subdivisions without development standards. Flexability in development standards is good and there are areas in the City where clustering or unique development is beneficial and there should be a means that the City could require it or an applicant such as La Costa Land Company could guarantee it. 5) Discretionary decisions lacking: The Master Plan is the basic document in guiding development in the P-C Zone, with subse- quent action of the Specific Plan and Carlsbad Tract's simply implementing the Master Plan. The Master Plan however is not sufficiently detailed to permit the discretionary decision necessary to insure development as desired by the City. 6) There is confusion in what is meant by the 66-2/3% open space.- We have had problems where a Master Plan is approved with 66-2/3% open space, but an individual subdivision within this Master Plan will not meet the 66-2/3% requirement. The ordinance should clarify this. M» - . 7) Amendments to the Plans: The P-C Zone does not provide for amendment procedures. Presently these are generally handled as a new item, which means full hearing to Planning Commission and City Council with ordinance amendments. Under these procedures amendments can be much more time consuming and costly than the original request, especially if portions of the development has already been completed and sold. 8) No provision for lot sales: It was assumed that the Specific Plan would indicate location of all buildings. However, many of the Specific Plans approved have no buildings shown because they are "lot sales" programs. This means that unless the City places special restrictions on the property, there are no meaningful development standards or protection - a building could be built on the front or side property line and the City or neighbors would have no recourse. Some of the recent Specific Plans the City has adopted contain a condition to the affect that development will occur as per an existing zone. This means there is a great deal of processing and costs involved to end up with a "normal development zone". -2- 9) No provision for later construction: A problem of another nature occurs for those units approved by Specific Plan where there are no provisions for additions. For example, a property owner in Alta Mira may wish to add a den and has it approved by the Homeowners Association. By ordinance the Specific Plan would have to be amended. This not only takes lots of time and staff costs, it also will cost the home owner hundreds and even thousands of dollars in engineering, planning and fees, not to mention his time delay and frazzeled patience. 10) Redundency of Plans: Since there are no processes or definitions of what is a Master Plan or Specific Plan and how they fit with the Tentative Subdivision Map, many times' the Specific Plan or Tentative Subdivision Map become duplications. There is little value in this process. -3- .*•*•». ANOTATED OUTLINE OF REVISED P-C ZONE December 18, 1975 I. PURPOSE A) Implement the General Plan, but give necessary flexibility depending on the specific physical attributes and desires of the applicant and city. B) Provide process to plan for area within the City that functions as communities contain various levels of residential density commercial, professional and compatible industrial. C) Provide process to insure that public facilities can and will be provided with need, i.e., roads, schools, parks, open space. D) Provide for ".P.IanoediUnit Development" wben desirable to either the City or applicant. II. USES PERMITTED A) Provide for uses to apply prior to the development of the property, i.e., existing uses, farming, recreation, etc. B) For P-C districts less than 100 acres the only use shall be resid- ential, with density as provided in the General Plan. C) For P-C district 100 acres or greater all uses necessary and desirable to a community shall be permitted provided they are in compliance with the General Plan and approved by the P-C Master Plan. III. PLANNING PROCESS - ALTERNATIVE 1 A) For P-C district less than 100 acres a Planned Unit Development is required for all development. The basic use to be deter- mined by the General Plan. No other planning process will be required such as Master Plan or Specific Plan. (Note: This will do 2 things; 1) provide a simple but effective method for approving developments within small area P-C Zones such as Papagayo or Sommers and 2) provide a method to retain the existing "small P-C Zone properties that are inadequate in size to be developed as "communities". B) For P-C districts 100 acres or greater a Master Plan to be required. The Master Plan shall contain: 1) A graphic (a map plan of development). This graphic is to indicate all of the uses, necessary publ.ic facilities and open spaces. 2) The areas for development shall be Tabled as to what development zone they shall be developed to, i.e. R-l, RD-M, C-l-Q, P-M, etc. 3) Areas to be developed as "planned units" shall be also indicated on graphic with density as approved, provided they meet the General Plan. 4) A text be provided that specifically provides special develop- ment criteria i.e.: special development flexability, phasing, open space maintainence programs, etc. ALTERNATIVE 2 Require a Master Plan for all P-C districts regardless of size. The Master Plan to be prepared as indicated in Alternative 1(B) (Note: If alternative 2 was desired it is suggested that the minimum P-C districts be not less than 100 acres and that possibly the existing small P-C districts be rezoned to regular development zones.) (Note: The present method of requiring a Master Plan for the entire P-C district coupled with Specific Plans for each individual development is not suggested. The system is redundant (Specific Plan's and Tentative Subdivision Maps are many time the same) and does not achieve results commensurate with effort. The single Master Plan process as suggested in the alternatives coupled with existing land use control system, i.e. subdivision maps, site development plan, regular zone regulations, and the proposed PUD Ordinance will be simpler and more effective). IV. REQUIREMENTS FOR A PLANNED COMMUNITY AS APPROVED THROUGH MASTER PLAN A) Public parks and school sites for the entire Master Plan area to be determined . B) Private open space and recreation area for the entire Master Plan to be determined. C) The above areas shall not count in open space and recreation re- quirements for individual PUD's. D) Graded areas to be landscaped and irrigated. E) Community sign program; Guideline to be part of the P-C Ordinance. F) Variation in housing types and values. G) Special requirements if deemed necessary may be imposed by the City or requested by the applicant if unique circumstances exist. These conditions to be made a requirement of the Master Plan. V. APPLICATION PROCESS A) Change of Zone request can be made as preannexation, by property owner, or City, and there would be no time limitation on develop- ment. B) Master Plan to be submitted by the applicant with rezoning request or any time thereafter. There will be no time requirement to sub- mit a Master Plan or time limits to commence construction unless -2- specifically required. C) Amendment to a Master Plan may be initiated by the applicant or the City. A method will be established to determine the degree of amendment, and the process and fees for the various levels of amend- ments. VI. SUBMITTED REQUIREMENTS FOR MASTER PLAN A) Master Plan to contain both graphic and text. B) Graphic to be certain size and contain certain information and format and indicated in application. C) Text to contain certain information in established order, i.e., phasing common space maintainance programs, justification for land use needs, special conditions etc. C) ATI property owners shall be listed and agent relationship noted and made part of the application. D) All property owners shall be listed and agent relationship noted and made part of the application. E) Fees and amendment fees. F) Processing time to permit full staff review and public hearing. VII. ADMINISTRATION OF MASTER PLAN A) The Master Plan shall be heard by the Planning Commission and approved by City Council by Ordinance. Prior to approval the Planning Commission must find that the Master Plan is consistentwith the General Plan and any applicable Specific Plans; That the Master Plan provides sufficient variation in uses, recreation and public facilities to be considered a community; Public facilities will be provided with need; that special or environmentally sensitive areas are protected. B) The ordinance shall contain by reference the graphic and text of the Master Plan. C) The final graphics and text with all changes required by City Council shall be submitted to the City Clerk prior to adoption of the ordinance and shall be kept with the City Clerk. D) It shall be the responsiblity of the applicant to submit final graphics and text within 30 days of City Council action. E) Final graphics shall be on reproductible mylar, be signed by the Planning Director, City Engineer, City Clerk and the Mayor. -3- F) Copies of the signed Master Plan shall be distributed to applicant property owners, Departments of Fire, Police, Engineering, Parks, Building, and Planning -4- DRAFT - 2 December 18,975 VFB/mla ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD MUNICIPAL CODE BY REVISING THE DEFINITION OF A LOT AND BY THE ADDI- TION OF CHAPTER 21.45 TO ADOPT REGULATIONS FOR PLANNED UNIT DEVELOPMENTS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipal Code is hereby amended by the amendment of Section 21.04.210 and the addition of Section 21.04.256 to read as follows "21.04.210 Lot. "Lot" means a parcel of record, legal- ly created by subdivision map, adjustment plat, certificate of compliance or a parcel in existence prior to incorporation of the lot into the jurisdiction of the City of Carlsbad. A lot shall have frontage that allows a minimum of 20 ft. of usable access on a dedica- ted public street or a public dedicated easement accepted by the City. This street or easement shall have a minimum width of 30 feet." "21.04.256 Lot - Sub. "Sub-lot" means a designated portion of or division of land, air space or combination thereof within the boundaries of a Planned Unit Development which does not meet the definition of lot. A sub-lot may be approved by the City Council as part of a Planned Unit Development permit. A sub-lot , if so approved, need not have frontage on a public street or otherwise comply with the requirements of the under- lying zone or Title 20." o SECTION 2; Title 21 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 21.45 to read as follows: "Chapter 21.45 PLANNED UNIT DEVELOPMENT Sections; 21.45.010 Intent and purpose. 21.45.020 Definition. 21.45.030 Planned unit development permit. 21.45.040 Permitted uses. 21.45.050 Application. 21.45.060 Planning Director's duties. 21.45.070 Planning commission duties. 21.45.080 City Council action. 21.45.090 Combined proceedings. 21.45.100 Permit to show reservation for open space. 21.45.110 Design criteria. 21.45.120 Development standards. 21.45.130 Failure to utilize planned unit development permit. 21.45.140 Extension of time. 21.45.150 Cancellation of a planned unit development permit. 21.45.160 Amendments. 21.45.170 Final map. 21.45.180 Final planned unit development plan. 21.45.190 Certificate of occupancy. 21.45.200 Maintenance. 21.45.210 Failure to maintain. 21.45.220 Restriction on reapplication for a planned residential development permit. 21.45.010 Intent and purpose. The intent and purpose of the planned unit development regulations are to: (1) Facilitate comprehensively planned development of areas in accordance.with applicable general and specific plans; (2) Encourage imaginative and innovational planning of residential neighborhoods and commercial and industrial areas to offer a wide variety of dwelling unit and building types and 2. c site arrangements with well .integrated community facilities and services; (3) Relate the project to the surrounding area and the topography and other natural characteristics of the site; (4) Permit greater flexibility in design than is possible through strict application of conventional zoning and subdivision regulation; (5) Provide for conversion of existing developments to a planned unit development. •21.45.020 Definition. A planned unit development is a project improved in accordance with a comprehensively planned overall development plan and is characterized by the following: (1) The regulations of the zone, regarding density or intensity of use, in which the planned unit development is located, are applied to the total area of the planned unit development rather than separately to individual lots or building sites; (2) The right to use and enjoy any privately owned common open areas and recreational facilities provided on the site of the planned unit development shall be coupled with the severalty interests of the owners of the dwelling units. Owner- ship may be of lots or condominiums or both. A.planned unit development may include the conversion of an existing development to a condominium or other multi- ownership project; (3) Imaginative planning and design is used to relate the development to the site and the surrounding area by the 3. o modification of the requirements of the underlying zone to accom- modate the project as approved. 21.45.030 Planned unit development permit. The City Council may permit by a planned unit development permit, a planned unit development in any zone or combination of zones subject to the requirements thereof except as they may be increased or decreased in accord with this chapter. 21.45.040 Permitted uses. Any principal use, accessory use, transitional use or conditional use permitted in the under- lying zone is permitted in a planned unit development. 21.45.050 Application. Application for a permit for a planned unit development shall be made to the City Council through the planning department and planning commission in accord- ance with the procedures set forth below: (1) Application for a planned unit development permit may be made by the record owner or owners, or duly authorized agents of the owner or owners, of the property on which the development is proposed to be constructed. Application shall be filed with the secretary of the Planning Commission upon forms provided by the secretary and shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and a legal description of the property involved and an explanation and description of the proposed use. The Planning Commission may prescribe the form and content for such applications? (2) A fee of $50.00 plus $1.00 per unit shall be paid 4. : when application for a planned unit development permit is made; (3) The application shall be accompanied by a tentative map which shall be filed with the secretary of the planning commission in accordance with procedures set forth in Chapter 20.12; (4) The application shall be accompanied by drawings indicating the design of proposed buildings, the landscape plans and building elevations; (5) If the applicant contemplates the construction of a planned unit development in phases, the application shall so state and shall include a proposed construction schedule; (6) If the applicant proposes to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, he shall so state in his application and the application shall include a plan, acceptable to the city/ for the preservation and maintenance of the common elements of the property, until said project is terminated by the City Council; (7) If the applicant proposes to convert existing buildings to a planned unit development, the plans shall reflect the existing buildings and show all proposed changes and additions. 21.45.060 Planning Director's duties. If the Planning Director determines that the application is complete, he shall set the matter for public hearing before the Planning Commission at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of Chapter 21.54. 5. /*""*•- Notice of the time and place and purpose of the hearing shall be given in the same manner as a change of zone. 21.45.070 Planning Commission duties. The Planning Commission shall hear and consider the application for a planned unit development permit and shall prepare a report and recommenda- tion for the City Council. The report shall include recommendations and findings on all of the matters set out in Section 21.45.080. A copy of the report shall be filed with the City Clerk and shall be mailed to the applicant. 21.45.080 City Council action. (a) When a report on a planned unit development is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council to be noticed and held in accordance with the provisions of Chapter 21.54. (b) The City Council shall hear the matter and after considering the Planning Commission's report may, by resolution, grant a planned unit development permit if it finds from the evidence presented at the hearing that all of the following facts exist: (1) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. (2) That such use will not, under the circum- stances of the particular case, be detrimental to the health, 6. w safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; (3) That all design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will be met; (4) That the granting of this permit will not adversely affect and will be consistent with the general plan for the City of Carlsbad or any applicable specific plan or the adopted plan of any governmental agency; (c) In granting a planned unit development permit, the City Council may 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 prop- erty is situated including, but not limited to, signs, fences, walls, maximum building height, minimum yards, maximum building coverage and off-street parking may be increased or decreased or otherwise modified (as necessary to accomplish the purposes of this chapter). 21.45.090 Combined proceedings. All proceedings with regard to a tentative map submitted with an application for a planned unit development permit shall be combined with the proceedings for the permit. An application for a planned unit development permit shall be deemed to be a consent by the applicant to a waiver of the time limits for city action on the tentative map contained in Chapter 20.12 and the Subdivision Map Act. 7. 21.45.100 Permit to show reservation for open space. A planned unit development permit shall show land reserved as open space if such open space is to be provided for the common use of the occupants of the planned unit development. The City Council may required the tentative map, submitted with the appli- cation, -to also show the open space as an easemert. If common open spaces are reserved in .accordance with the provisions of this section, approval of the tentative map shall be conditioned upon the City of Carlsbad being granted an easement in a form acceptable to the city, limiting the future use of common open spaces and preserving them as open spaces. ; 21.45.110 Design criteria. The planned unit development shall observe the following design criteria: (1) The overall plan shall be comprehensive, embracing land, buildings, landscaping and their interrelationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located; (2) The plan shall provide for adequate open space, circulation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site; (3) The proposed development shall be compatible with existing and planned land use and with circulation patterns 8. on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community; (4) The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities; (5) Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common, open spaces provided; (6) Architectural harmony within the development and within the neighborhood and community shall be obtained so far as practicable. 21.45.120 Development standards. In addition to all the general provisions of this title and all requirements of the underlying zones, a planned unit development shall comply with the following standards: (1) Density. The number of dwelling units in a planned unit development shall not exceed the density permitted in the underlying zone. The density regulations of the zone may be applied to the total area of the planned unit development rather than separately to individual lots. When calculating density, the right-of-way of public streets or private streets or drives designated as streets, within the interior of the project, may be 9. included in the total project area. If the property involved is composed of land falling in two or more residential zones, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the residential zones. Within a planned unit development the permitted number of dwelling units may be distributed without regard to the underlying zoning; (2) Yards. Special building setback or yard require- ments may be established which are based on design and relation of buildings to each other and to topography. However, all structures shall be set back from the right-of-way of public or private streets at least 10 feet, except parking structure entered directly from a public or private street shall maintain a minimum setback of 25 feet from the right-of-way line toward which it is directed; (3) Coverage. The permitted coverage shall be compar- able with the intended use, the terrain, and the surrounding land uses as determined by the City Council upon approval of the planned unit development. However, in no instance shall coverage exceed the coverage requirements of the zone; '(4) Height. The permitted height of buildings and structures shall meet the requirement of the zone, except greater heights may be permitted if the City Council finds sufficient evidence that increased height will benefit the project, will be compatible to the surrounding development and 10. area, and not unduly block the view of surrounding properties and scenic highways; (5) Parking. All nonresidential planned unit develop- ments shall provide parking in accord with the requirements of the underlying zone. All residential planned unit developments shall provide parking as follows: (a) Residential zone classifications with density requirements equal to or less than the R-l zone shall have a minimum of two covered parking spaces (garage or carport) for each dwelling unit. Residential zone classifications with density requirements greater than the R-l zone shall have a minimum of one and one-half covered spaces (garage or carport) for each dwelling unit. The parking for each unit shall be located within 250 feet of such unit. (b) Visitor parking in addition to the requirements of subsection (a) shall be provided at a ratio of one space for every unit, which shall be so located as not to interfere with on-site circulation and to be conveniently accessible to all the units they are intended to serve. Credit may be given for on-street parking provided the street is totally within the project and a parking lane is provided. (6) Storage space. Storage space to accommodate storage of campers, trailers, boats, etc., shall be provided for all planned unit developments containing five or more residential dwelling units. The area provided for this storage space shall be at least equal to 40 square feet for each dwelling unit. Said 11. o storage space shall be screened from view by a view obscuring fence, wall or landscaping. The storage space may be off^site provided the property to be used as storage is part of the application for the planned unit development permit and that no other development may occur on this property without an amendment to such permit. Furthermore, the City Counci"1 must find evidence that such off-site storage area is suitable and not detrimental to the surrounding properties of such storage area; (7) Refuse pickup area. Centralized refuse pickup areas are required for all residential developments with five or more dwelling units and for all nonresidential developments. The City Council may waive this requirement'upon a finding that there is evidence that an alternative acceptable means to collect refuse is available; (8) Screening of parking area. All open parking areas containing five or more parking spaces - -• e . . shall be effectively screened from abutting residential zoned property by permanent buildings •or alleys, or by a 20 foot wide landscaped setback, or by a «• 6 foot high view obscuring wall, fence or landscaped screen between the parking area and such abutting residential property. If such parking area is visible from a street, either public or private, it shall be screened from such street by a 36 inch high view obscuring wall or fence that is at least 10 feet from the exterior property line. The exterior yard wall is not 12. required if the parking area is screened from the street with land- scaped area at least 20 feet in depth. Screening shall not exceed 36 inches in height within areas corresponding to the required exterior yard setback of any abutting residentially ;zoned or residentially developed property . City Council may modify this screening requirement as deemed appropriate. (9) Open space required - Residential development. (a) Common open space areas designed for recreation use or scenic viewing shall be provided for all residential developments based on the density of the project as follows: Range of Dwelling Units Amount of Common Per Gross Acre Open Space Area Square Feet per DU 3 or less 1,000 4 to 10 400 11 to 20 200 21 or greater 100 Areas designed for active recreational uses located on roofs of buildings or structures but not involving private patios, yards, distance between buildings, parking areas or storage areas may satisfy the open space requirement. Recreation facilities for all age groups shall be provided for each develop- ment where the natural terrain permits such use without undue grading. The relationship and amount of recreational areas to scenic view areas in meeting the open space requirement shall be determined by the City Council. (b) The City Council may require the preservation of scenic natural features such as rock outcroppings, creeks, wooded areas, vistas or other features deemed worthy of preser- vation. 13. (c) Commonly owned and maintained open space and recreation areas shall be accessible.to all dwelling units. (d) Provisions shall be made to insure that all open space areas will not constitute a health, safety, fire or drainage problem. (10) Open space required—Nonresidential development. Landscaped open space shall be provided at a minimum ratio of one square foot for each ten square feet of gross building floor area as measured at ground level only. The City Council may determine the location of open space area. It is intended that this additional landscaping be generally dispersed throughout the site, but where possible/ placed near each main building. Any such landscaping shall be in addition to those required by the underlying zone? (11) Landscaping required. All areas between and around all buildings shall be landscaped, provided with an underground watering system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the entire site, and provisions shall be made for common ownership and maintenance; '(12) Signs. In addition to signs allowed by the under- lying zone, community identity signs identifying the entire planned unit development, or major portions thereof, may be approved by the City Council as a part of the planned unit development permit. The type, location, height and size of all 14. o signs shall be determined by the City Council as a part of the per- mit and shall relate to the location and design of the planned unit development; (13) Placement of buildings. (a) The distance between any building used for human habitation and any other building shall be not less than ten feet. (b) The distance between wings or courts of a building shall be not less than ten feet. (c) Two or more individual building units may be attached or combined into a single structure in a planned unit development. (d) Special building setback requirements may be established for a planned unit development, based on design and relation of buildings to each other and to surrounding areas. In addition to yard requirements, no building shall be closer than five feet to any sidewalk, or ten feet to the curb of any private or public street, whichever is greater. (14) Streets. Private streets may be permitted within a planned unit development provided their width and geometric design are related to the function, topography and needs of the developments, and their structural design, pavement and con- struction comply with the requirements of the city's street improvement standards. The City Council shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: 15. Type of Street No Parking Park One Side Park Both Sides Feet Feet Feet One-way 14 21 28 Two-way (Serving 8 DU's or less) 24 28 32 Two-way (serving more than 8 DU's) 24 30 36 Sanitary sewers and storm drains in private streets in planned unit developments shall be constructed to city standards; (15) Pedestrian walkways. (a) Sidewalks shall be provided adjacent to all on-street parking areas and shall connect all building entrances, recreational buildings and parking areas. Sidewalks shall be concrete with an unobstructed width of four feet. Alternate materials such as tile, brick or wood may be used as architectural features with City Council approval; (b) The City Council may require, and specify construc- tion standards for, hiking, equestrian and bicycle paths. (16) Lighting. Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided; (17) Utilities. All distribution utilities of a planned unit development shall be placed underground. Individ- ual dwelling unit television antennas shall not be permitted above the roof line of the residences in planned unit development where the density factor is greater than three dwelling units per acre; 16. o (18) Building construction requirements. (a) Each attached individual unit, either land division or air space, shall be constructed with the equivalent of a two hour fire resistive wall for all separation walls, floors and ceilings of each occupancy; (b) A separate utility system is required for water, electric, gas, waste and vent services for each occupancy or unit. (c) Reasonable provisions shall be made to reduce sound transmitted between units or occupancies. (19) Sub-lots. Lots that do not meet the requirements of Title 20,or the underlying zone, may be approved. There are no size or configuration standards for such sub-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; - 21.45.130 Failure to utilize planned unit development permit. Any planned unit development permit granted by the City Council as herein provided shall be conditioned upon the privileges granted being utilized within eighteen months after the effective date thereof. Failure to utilize such permit within this eighteen month period will automatically void the same, unless an extension of time has been granted pursuant to Section 21.45.140. Construc- tion must actually be commenced within the stated period and must be diligently prosecuted to completion. If the city should find that there has been no construction substantial in character performed under said permit, or that there has been a lapse of 17. o work for six months, they may revoke the permit. During the eighteen month period referred to herein, or during any extension thereof, the property covered by the planned unit development permit shall not be used for any purpose or use other than that authorized by the permit. 21.45.140 Extension of time. The City Council may, by resolution, grant an extension of time for a planned unit development permit in accord with the procedures of Section 20.12.110. 21.45.150 Cancellation of a planned unit development permit. A planned unit development permit may be cancelled at any time prior to the commencement of construction. Cancel- lation may be initiated by the owner of the property covered by the permit, or duly authorized agent of the property owner, by means of a communication directed to the Planning Director in the office of the Planning Department. The permit shall become void 120 days after receipt of the communication in the office of the Planning Department. 21.45.160 Amendments. A planned unit development permit may be amended by the City Council. The property owner may also apply for an amendment. Applications shall be accompanied by a fee of $50 and shall be made and processed in accordance with this Chapter in the same manner as the original permit. 21.45.170 Final map. Building permits for construction within the proposed planned unit development shall not be issued until a final subdivision map has been recorded for the project. 18. A final map which deviates from the conditions imposed by the permit shall not be approved. 21.45.180 Final planned unit development plan. (a) Building permits for construction within the proposed planned unit development shall not be issued until the applicant has filed and secured approval of a final planned unit development plan. (b) The final planned unit development plan shall be submitted to the Planning Director within eighteen months from date of approval of the tentative planned unit development permit or within the period of any extension of said permit. The plan shall reflect all required revisions and refinements. The final planned unit development plan shall include: (1) Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas, and storage areas. Said plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage systems. (2) A final grading plan. (3) Final elevation plans. (4) A final landscaping plan including methods of .iSolii preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and screening. (5) Plan for lighting of streets, driveways, park- ing areas, walks and recreation areas. (c) Where a planned unit development contains any land 19. o or improvements proposed to be held in common ownership, the applicant shall submit a declaration, of covenants, conditions and restrictions with the final planned unit development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of said common ownership ancl shall be reviewed by and subject to approval by the Planning Director and City Attorney. (d) A final planned unit development plan may be sub- mitted for a portion of the development provided the City Council approved the construction phases as part of the permit and sub- division map approval. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. (e) The Planning Director shall review the plan for conformity to the requirements of this chapter and the planned unit development permit. If he finds the plan to be in substantial conformance with all such requirements, he shall approve the plan. 21.45.190 Certificate of Occupancy. A certificate of occupancy shall not be issued for any structure in a planned unit development until all improvements required by the permit have been completed to the satisfaction of the City Engineer and the Director of Building and Housing, 21.45.200 Maintenance. All private streets, walkways, 20. 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. 21.45.210 Failure.to maintain. (a) All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. (b) In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the City. Engineer may, after giving notice, cause the necessary work of maintenance or repair to be done, and the costs thereof shall be assessed against the owner or owners of the project. (c) The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owners of real property within the project, at the address shown on said assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The City Engineer shall 21. 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) The notice shall particularly specify the work required to be done and shall state that if said work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City of Carlsbad 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) If upon the expiration of the five day period pro- vided for in subsection (d) above, the work has not been done, or having been commenced, is not being pursued with diligence, the City Engineer shall proceed to do such work or cause such work to be done. Upon completion of such work the City Engineer 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 City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the Council, shall thereafter give notice in writing to the owners of the project in the manner 22. o provided in subsection (c) above, of the hour and place that the City Council will pass upon said City Engineer's report and will hear protests against said assessments. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to confirm, modify or reject the assessments. (g) A list of assessments as finally confirmed by the City Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirma- tion by the City Council, the City Clerk shall cause to be filed in the office of the County Recorder of the County of San Diego a notice of lien, substantially in the following form: NOTICE OF LIEN Pursuant to chapter 21.45, Title 21, of the Carlsbad Municipal Code (Ordinance No. ), the City of Carlsbad did on the day of , 19 , cause maintenance and repair work to be done in the planned unit development project known as , which was constructed under planned unit development permit No. __, for the purpose of abating a public nuisance and enforcing compliance with the terms of said permit, and the Council of the City of Carlsbad did on the^ day of . , 19 , by its resolution No. 23. assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real property until the said sum with interest thereon at the rate of six percent per annum from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: (Description of property) Dated this day of ,19 . City Clerk, City of Carlsbad (h) From and after the date of the 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 rate of six percent per annum until paid in full. Said lien shall continue until the amount of the assessment and all interest thereon shall have been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractural liens and all fixed special assessment liens which may thereafter be created against the property. From and after the date of recordation of such 24. o notice of lien, all persons shall be deemed to have notice of the contents thereof. 21.45.220 Restriction on reapplication for a planned residential development permit. No application for a planned unit 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 twelve months of such denial. This provision may be waived by the affirmative vote of a majority 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 the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 19 , and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the day of , 19 , by the following f vote, to wit: AYES: NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET C. ADAMS, City Clerk (SEAL) 25.