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Home My WebLink About1976-05-18; City Council; 3657; Amendment Title 21 Planned Unit Development All Zones Chapter 21.45CITY OF CARLSBAD AGENDA BILL NO. DATE: May 18, 1976 DEPARTMENT: PLANNING Initial Dept.Hd C. Atty.yjf/3 C. Mgr. *r\ Subject:CASE NO. ZCA-64, AMENDMENT TO TITLE 21 T.HAT PROVIDES FOR PLANNED UNIT DEVELOPMENT (PUD) IN ALL ZONES (CHAPTER 21.45) Statement of the Matter* On April 28, recommendi ng Planned Unit City Code. 1976, the Planning Commission adopted Resolution No. 1245 adoption of an amendment to Title 21 that provides for Development (PUD) in all zones -as Chapter 21.45 of the This public hearing was held pursuant to a City Council Workshop session in which staff was instructed to set the proposed Planned Unit Develop- ment process to hearing before the Planning Commission. The Planning Commission approved the 4/28/76, with some suggested changes •the City Council, Exhibit "A and agrees with the Planning be changed even though there shops. ordinance amendment, Exhibit "B", as noted in their memorandum to 5/6/76. Staff agrees with these changes Commission that certain other portions not were some questions brought up at the work- Exhi bits : • . Planning Commission Resolution No. 1245 Exhibit "B", Draft Ordinance, dated Apri.l 28, 1976 • Exhibit "A", Memorandum to City Council, dated May 6, 1976 Staff Report dated April 28, 1976t • s Recommendati on : ,,- If the City Council concurs with the findings and recommendations of. Planning Commission Resolution•No. 1245, the City Council "should instruct the City Attorney to prepare the necessary documents. Council action 5-18-76 The Council concurred with the findings and recommendations of Planning Commission Resolution #1245, and the City Attorney was instructed to prepare the necessary documents. 1 2 3 4 5 6 7 8 9 10 11 12 " 14 15 16 17 proposed Zone Code Amendment; and.' 18 20 21 24 25 PLANNING COMMISSION RESOLUTION NO. 1245 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RE- LATIVE TO AN AMENDMENT TO TITLE 21 THAT PROVIDES FOR PLANNED UNIT DEVELOPMENT (PUD) IN ALL ZONES AS CHAPTER 21.45 OF THE CITY CODE. CASE NO. : ZCA-64 APPLICANT: CITY INITIATED WHEREAS, the Planning Commission of the City of Carlsbad did adopt Resolution of Intention No. 109 declaring its intcn- tion to conduct a public hearing to consider a Zone Code Amend- ment to create means to allow Planned Unit Development; and WHEREAS, the Planning Commission did hold a duly noticed Public Hearing on April 28, 1976 to consider the subject amend- ment; and . . WHEREAS, the Planning Commission received all testimony from those persons interested in and opposed to, "if any, the WHEREAS, the Planning Commission did find the following facts and reasons to be present which irk their opinion are necessary to carry out the general purpose of Title 21 of the Municipal Code: (1) This Amendment is consistent with the General Plan . because it will provide flexibility in development standards necess.ary to carry out the goals of the General Plan. (2) This Amendment will not have an adverse impact on the environment because of the flexibility of develop- ment standards will promote unique development methods to insure retention of natural features. 27 (3) This Amendment is desirable because: 28 1 (a) A Planned Unit Development procedure will permit development of lots on property, that due to 2 access, shape or difficult terrain, cannot be developed as permitted in zone classifications. 3 (b) A Planned Unit Development procedure will permit 7 8 10 11 12 15 16 17 following vote, to wit: 18 19 20 21 22 23 24 25 26 27 28 property ownership options in all zones and for4n al1 uses.5 (c) The development standards of the Planned Unit Development will provide for ownership protection and better insure ownership stability through increa.se quality development. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does recommend approval to the City Council of an amendment to Title 21, creating a Planned Unit Development Classification (PUD) as Chapter 21.45 of the City Code, as per Exhibit A, dated May 6, 1976, 'Memorandum to 10 II10 City Council, and as per Exhibit B, dated April 9, 1976, and 14 attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on April 28, 1976, by the AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux, Larson, and Watson. NOES: None ABSENT: None ABSTAIN: None Stephen M. L'Heureux, Chairman ATTEST: Donald A. Agatep, Secretary May 6, 1976 MEMORANDUM _ \ EXHIBIT "A" TO: CITY COUNCIL FROM: PLANNING COMMISSION SUBJECT: SUGGESTED CHANGES TO EXHIBIT B, DATED 4/28/76 CASE NO. ZCA 64, PLANNED UNIT DEVELOPMENT . J*At their public hearing, of April 28, 1976, the Planning Commission recommended approval of ZCA 64, the Planned Unit Development Ordinance. In doing so the Planning Commission adopted Exhibit B, dated April 28, 1976, but suggested to the City Council that certain portions be amended. These sugges- tions are as follows: 1. Amend Section 21.45.050 (4) by adding a requirement for a cross section plan of grading as follows: "(4) The application shall be accomoanied bv drawings indicatinq the desiqn of the proposed buildings, lands.capinq plans, buildinq elevations, and cross section plans of proposed grading. ..." 2. Add to Section 21.45..050 a requirement on measures to . mitigate adverse environmental<impacts as noted in the Environmental Impact Report, as follows: "(8) If the project will cause adverse impact on the environment as noted in the Environmental Impact Report or Environmerital Impact Assessment, the application shall contain the measures proposed to nritigate such impacts". 3. Add to Section 21.45.050. Requirement for topographic map and grading cross-sections: (c) The application shall be accompanied by a topographic map indicating present grade and proposed changes, and typical cross-sections of the project sufficient to show the proposed method of developing the site. 4. Amend Section 21.45.080(b)(1) by changing "o " to "and" as follows: "...is necessary and desirable..." * 5. Amend-Sections 21.45.120 (9),'(10) and (11) regarding open space land landscaping as follows: "(9) Usable Open Space —Residential, (a) Common open space areas designed for recreational use such as swimming pool, tennis court, golf-course, children's playground, picnic area, shall be provided for all residential developments based on the density of the project as follows: Amount of Usable Range of Dwelling Units Open Space Area Per Gross Acre Square Feet per D.U. 3 or less 600 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, parking areas or storage areas may satisfy the open space requirement. "(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 preserva-. tion. Credit for the usable open space requirement may be given on an equal ratio up to 50% of the requirement. "(c) Commonly owned and maintained open space and recrea- tion areas shall be readily 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 drain- age 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. It is intended that this open space be landscaped and placed near each main building. It shall be in addition to landscaping required by the underlying zone. "(11) Landscaping Standards: Open areas (not used for recreation -areas, paving or private yards) shall be land- sca-ped, provided with an underground watering system, and maintained. The design of the landscaped areas and plant materials used shall be planned comprehensively for the e'ntire site, and where landscaped areas are commonly owned, pro- visions shall be made for maintenance." In addition to these recommended changes the Planning Commission reviewed in particular certain other sections and recommends no change. These sections are: 21.45.110 —Design Criteria- 21.45.120(3) - Coverage 21.45.120(13-) -Placement of Buildings 21.45.120(14) - Streets 21.45.120(18) —Building Construction Requirements BP:cpl -2- .MEMORANDUM March 18, 1975 TO: CITY MANAGER FROM: PLANNING COMMISSION SUBJECT:. "Q" QUALIFIED OVERLAY ZONE The City Council and Planning Commission have historically used the Specific Plan process to regulate development in the City's critical or sensitive areas. The sptcific plans applied in the City of Carlsbad in the past have been.termed "fine tune" zoning. The City Council recently faced a problem with site development on a request to rezone property on the east side of El Camino Real and north of Alga Road. During the discussion of the matter (Cal-Pacific Properties, ZC 149) before the Planning Commission and City Council, the issue of "fine tune" zoning through Specific Plans was discussed. The Council approved the zoning as requested and subsequently directed staff to review tht problem of specific plans "fine tune" zoning and make recommendations to the City Council and Planning Commission as to how the City could best cope with site development review. Carlsbad's existing implementing .tools for site development,"fine tune" zoning, are inadequate to achieve quality site plan review. For instance, if the City wishes to rezone a piece of property and also retain control of the site design, it cannot be satisfactorily accomplished at the present time. It is generally agreed that the specific plan process as currently employed in the City is not appropriate and some other mechicanism could be developed to review site development plans. Additionally, the City may not condition zoning at the time of hearing. The Qualified Zone, in the Staff's opinion, will meet the City's requirement for site development plan review. The Qualified Zone will permit "fine tune" zoning and take the place of specific plans as applied in the past. The Qualified Zone is an overlay zone. This means that it is an extension of the base or underlying zone. If the underlying zoning is C-l and the City wishes to control the develop- ment of the site, the Qualified Overlay Zone will be attached to the zoning, becoming C-l-Q. The C-l-Q designation would permit all the requirements of the base zone, C-l, but in addition the site plan proposed for the project would be reviewed and approved by the Planning Commission with staff recommendation. The "Q" Zone application will only be heard by the Planning Commission unless appealed to the City Council. The City Council's decision then would be final and the matter would not be necessarily returned to the Planning Commission for report but would be returned to the Planning Commission for information purpose.s. The Staff is recommending the "Q" Qualified Zone be applied to the City of Carlsbad Zoning Ordinance. DAA/vb 4-18-75