HomeMy WebLinkAbout1976-06-01; City Council; 3656-1; Revising Provisions of Planned Community P-C ZoneAGENDA BILL NO.
DATE:
CITY OF CARLSBAD
3656-Supplement No.l
June 1, 1976
DEPARTMENT:City Attorney
Initial:
Dept.Hd.
C. Atty.^j
C. Mgr.
Subject: CASE N0. ZCA-80, AMENDMENT TO CHAPTER 21.38 REVISING THE
PROVISIONS OF THE PLANNED COMMUNITY (P-Cj ZONE.
Statement of the Matter
The City Council at your meeting of May 18, 1976, directed
the City Attorney to prepare the necessary documents amending
Title 21, Chapter 21.38 of the Carlsbad Municipal Code by the
amendment of Sections 21.38.010 through 21.38.060 inclusive,
and by the addition of Sections 21.38.070 through 21.38.150
inclusive to revise the provisions of the Planned Community
(P-C) zone and repealing Ordinance No. 9445 and Ordinance
No.9454 to terminate a moratorium in said zone. The ordinance
adopting the zone code amendment is attached.
Exhibits
Ordinance No
Recommendation
If the Council concurs, Ordinance No.
introduced.
should be
Council action
6-1-76 Ordinance #9458 was introduced for a first reading.
6-15-76 Ordinance #9458 was given a second reading and adopted
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The
ordain as
ORDINANCE NO. 9458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.38 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTIONS 21.38.010
THROUGH 21.38.060 INCLUSIVE AND BY THE ADDITION
OF SECTIONS 21.38.070 THROUGH 21.38.150 INCLUSIVE
TO REVISE THE PROVISIONS OF THE P-C (PLANNED COM-
MUNITY) ZONE AND REPEALING ORDINANCE NOS . 9445
AND 9454 TO TERMINATE A MORATORIUM IN SAID ZONE.
City Council of the City of Carlsbad, California does
follows :
SECTION 1: That Title 21, Chapter 21.38 of the Carlsbad
Municipal
through 21
21.38.070
Sections :
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
21.
Code is amended by the amendment of Sections 21.38.010
.38.060 inclusive and by the addition of Sections
through 21.38.150 inclusive to read as follows:
"Chapter 21.38
P-C PLANNED COMMUNITY ZONE
38.010 Intent and purpose.
38.020 Permitted uses and structures.
38.030 General provisions.
38.040 Master Plan required.
38.050 Application.
38.060 Contents of Master Plan. <
38.070 Exceptions to Master Plan.
38.080 Prefiling procedure.
38.090 Planning Director's duties.
38.100 Planning Commission duties.
38.110 City Council action.
38.120 Amendment of Master Plan.
38.130 Implementation of Master Plan.
38.140 Additional standards.
38.150 Undeveloped areas of existing planned
communities.
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21.38.010 Intent and purpose. The intent and purpose of
the P-C, Planned Community zone, is to:
(1) Provide a method for and to encourage the orderly
implementation of the General Plan and any applicable Specific Plan
by the comprehensive planning and development of large tracts of.
land under unified ownership or developmental control> so that
the entire tract will be developed in accord with an adopted
Master Plan to provide an environment of stable and desirable
character;
(2) Provide a flexible regulatory procedure to encourage
creative and imaginative planning of coordinated communities
involving a mixture of residential densities and housing types,
open space, community facilities, both public and private and,
where appropriate, commercial and industrial areas;
(3) Allow for the coordination of planning efforts between
developer and City to provide for the orderly development of all
necessary public facilities to insure their availability concurrent
with need;
(4) Provide a framework for the phased development of an
approved master planned area to provide some assurance to the
developer that later development will be acceptable to the City
provided such plans are in accordance with the approved Planned
Community Master Plan.
21.38.0.20 Permitted uses and structures. In the P-C,
Planned Community Zone, the permitted uses and structures shall be
established by a Master Plan of Development approved in accordance
with this chapter which may include any use found to be necessary
and desirable for a community planned in accordance with the
purposes of this chapter provided that such permitted uses and
structures shall be consistent with the General Plan and
applicable Specific Plans. Prior to approval 'of a Master Plan,
the property may be used as permitted by Chapter 21.07 for the
E-A Exclusive Agricultural zone. After approval of a Master
Plan, such agricultural uses may be continued if the Master Plan
so provides.
21.38.030 General provisions.
(a) The P-C zone may be established on parcels of land
which are suitable for and of sufficient size to be planned and
developed in a manner consistent with the purposes and objectives
of this chapter. No P-C zone shall include less than one hundred
acres of contiguous land.
(b) All land in each proposed planned community shall be
held in one ownership or shall be under unified control unless
otherwise authorized by the City Council. For the purposes of
this section, the written agreement of all owners in the planned
community, to develop in accord with the Master Plan as approved,
shall be deemed to indicate unified control.
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(c) An owner may transfer sections of the development.
The transferee shall be required to use the property in accord
with the approved Master Plan.
(d) A planned community shall be subject to all other
applicable provisions of Title 20-Subdivision, and Title 21-
Zoning, of the Carlsbad Municipal Code. Where a conflict in
regulation occurs, the regulations specified in this chapter,
or the approved Master Plan, shall control.
21.38.040 Master plan required. Prior to the approval
for any permits for development on property zoned P-C, Planned
Community, a Master Plan of Development must be approved by the
City Council in accord with the provisions of this chapter. A
Master Plan when approved by ordinance shall establish the
regulations for the development of the planned community within
the P-C zone and said regulations shall become a part thereof.
21.38.050 Application. An application for approval of a
Master Plan shall be made to the City Council through the Planning
Department and Planning Commission in accordance with procedures
set forth below:
(1) An application for a Master Plan may be made by the
record owner or owners, or their duly authorized agents, of the
subject property. It shall be filed with the Planning Director
and must contain the signatures of the record owner or owners
of the subject property;
(2) The Planning Commission may prescribe the form and
content for such application;
(3) A fee of $100.00, plus $2.00 per acre for the first
two hundred acres and $1.00 per acre for all acreage above
two hundred acres, shall be paid when the application is filed;
(4) The application shall be accompanied with a prelimi-
nary Master Plan graphic and text, open area plan and sign
program. 4
21.38.060 Contents of Master Plan. A Master Plan for the
development of a planned community shall consist of the following:
(1) Graphic plans of the proposed development that include
the following:
(A) A map and legal description of the property
with a north point scale not less than one inch equals two
hundred feet, showing the date of preparation and the name and
address of the plan's preparer, be it company or person,
(B) Location of the various land uses shall be
indicated by the use of zone designations of development zones
and overlay zones as provided in this title. Development of
property within the area of each such zone shall be subject to
the regulations of the indicated zone unless specifically
modified as a part of the Master Plan approval,
3.
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(C) An integrated open space program that is at
least fifteen percent of the total Master Planned area is required
except that the City Council may reduce this amount if the pro-
posed open space is found to be adequate and is integrated with
a proportional amount of offsite open space. Land uses considered
as open space for purposes of this chapter are properties that
are publicly or commonly owned for the benefit and use of the
public or residents of the community such as parks, recreation
facilities, greenbelts that are at least twenty-feet wide,
natural areas that are at least ten thousand square feet in area,
bikeways and pedestrian paths. These areas are to be indicated
in the Master Plan and not used for any other purpose,
(D) Specific development provisions to be applied
such as a Planned Unit Development permit or a Conditional Use
Permit shall be indicated. Development of property within areas
so indicated shall be in accord with the terms of the permit and
the provisions of this title applicable to such permits,
(E) The location of public and quasi-public facili-
ties such as schools, fire stations, transmission lines and
booster stations,
(P) The locations of major circulation systems and
collector streets and their relationship to the circulation element
shall be indicated. Bikeways, pedestrian paths, interconnecting
open space areas and other special access means shall also be
shown,
(G) Facilities for water supply and sewerage disposal
including sewer and water trunk lines, fire station sites, storm
drainage and flood control structures and any other public facility
needed to properly service the proposed community shall be
indicated/
(H) Phasing of development shall be indicated.
Adequate public facilities, open space, recreation areas and street
systems shall be provided for each phase,
(I) A map showing topographical contours at no less •
than twenty-five foot intervals. Existing trees and other
natural features shall be indicated on such map,
(J) Proposed development shall be consistent with
the topography to reduce the amount of grading. The graphic
is to indicate where significant grading is anticipated and for
what reasons it is necessary.
(2) A text shall accompany the graphic and shall include
in the order as listed below:
(A) A description of each type of land use by acre
and area indicating: the number and type of anticipated dwelling
units in each of the residential areas, anticipated uses in the
commercial, industrial zones, and the land area for parks, schools,
common open area and other public facilities and community services
(B) Land use and Public Facility Economic Impact
Report that contains the following:
1. Justification for the proportions of the
various land uses based on the projected population and acceptable
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marketing or planning techniques,
2. Projected fiscal impacts the development
will have on the ability of the City and other governmental or
quasi-public agencies to provide necessary services. This report
shall include the approximate cost of dwelling units, anticipated
land and sales taxes to City and costs of necessary public services.
The report shall be prepared by an economic consultant independent
of the applicant but at the applicant's expense.
(C) Special development regulations, including any
modifications of zone designation regulations,
(D) A program to meet the needs for parks, schools
and other public facilities based on the anticipated population of
the community and the timing of its development,
(E) Method to be employed for the maintenance of
commonly held private land such as open space, recreation areas,
street and parking areas. Some possible methods, depending on
the circumstances, are maintenance by developer, homeowners'
association, maintenance district, or City,
(F) Phasing .schedule indicating the timing for each
section of the development, what public facilities, open space,
recreation facilities or amenities will be provided with each phase,
(G) Special requirements as requested by the appli-
cant or required by the City Council which may include, but are
not limited to, any of the matters which may be regulated by
Specific Plan pursuant to Section 65451 of the Government Code,
(H)Measures to be used to mitigate any adverse
environmental impact as noted in the adopted Environmental Impact
Report for the project.
(3) A landscape open area plan that includes all open
spaces as required by this chapter and all other such areas
proposed for the development. This plan shall include a graphic
indicating areas to be landscaped, left natural, used as recreation,
open space and bike or pedestrian ways. In addition the plan shall
include the proposed ownership and who shall have the responsibility
for the maintenance of the various types of open areas;
(4) A Community Identification Sign Program that, in
addition to signs otherwise permitted, the Master Plan area will
show community entrance signs, directional signs and temporary in-
formational signs. The program may include the following:
(A) Graphic representation of design motif,
(B) Location of permanent community entrance,
directional and informational signs,
(C) Type, number and dimensions of temporary informa-
tional and directional signs that will be used during development
only,
(D) Special sign program for the commercial and
industrial portion of the community including standards for
development based on sign area footage per lineal foot, face of
building and sign height maximums. A Community Identification
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Sign Program is in addition to those signs permitted in Chapter
21.41, but in no case may the Sign Program exeed that allowed
for community identity signs in Chapter 21.41. If no Community
Identification Sign Program is desired, the Master Plan text
shall so indicate.
21.38.070 Exception to Master Plan. Areas within a Master
Plan may be reserved for future planning, provided such areas do
not exceed 40% of entire Master Plan area. Such reserved areas
shall be so indicated and will require amendment to the Master
Plan to include all required contents prior to development.
21.38.080 Prefiling procedure. Prior to filing an appli-
cation for a Master Plan, an applicant may prefile the proposal
with the Planning Director for review. The Director shall contact
interested departments and agency personnel and arrange any
necessary meetings with the applicant. This procedure may involve
a review of the general outline of the proposal. After review,
the Planning Director shall furnish the applicant with written
comments regarding the review conferences including recommendations
as appropriate to inform and assist the applicant prior to his
formal application for Master Plan approval. The Planning Director
shall submit written comments within twenty days after completion
of review or w.i thin thirty days after receiving written request
for such comment from the applicant.
21.38.090 Planning Director's duties. The Planning Directo
shall set a Master Plan for hearing before the Planning Commission
within sixty days of receipt of a complete application. The
hearing date may be extended beyond sixty days provided there is
written concurrence from the applicant. The public hearing shall
be noticed and held in accordance with the provisions of Chapters
21.52 and 21.54. A staff report containing recommendations
bn the plan shall be prepared and furnished to the public, the
applicant and the Planning Commission prior to the hearing.
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21.38.100 Planning Commission duties. The Planning
Commission shall hear and consider the application for a Master
Plan and shall prepare recommendations and findings for the City
Council including all matters set out in Section 21.38.110.
The action of the Commission shall be filed with the City Clerk
and a copy shall be mailed to the applicant.
21.38.110 City Council action, (a) When the Planning
Commission action 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 Chapters
21.52 and 21.54;
(b) The City Council shall hear the matter and after con-
sidering the findings and recommendations of the Planning
Commission may by ordinance approve a Master Plan if, from the
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evidence presented at the hearing, they find that all of the fol-
lowing facts exist:
(1) The proposed development as described by the
Master Plan is consistent with the provisions of the General Plan
and any applicable Specific Plans;
(2) All necessary public facilities can be provided
concurrent with need and adequate provisions have been provided to
implement those portions of the Capital Improvement Program
applicable to the subject property; .
(30 The residential and open space portions of the
community will constitute an environment of sustained desirability
and stability; and that it will be in harmony with or provide
compatible variety to the character of the surrounding area, and
that the sites proposed for public facilities, such as schools,
playgrounds 'and parks, are adequate to serve the anticipated
population and appear acceptable to the public authorities having
jurisdiction thereof;
(4) The proposed commercial and industrial uses will
be appropriate in area, location and overall design to the purpose
intended; that the design and development standards are such as
to create an environment of sustained desirability and stability;
and that such development will meet performance standards estab-
lished by this title;
(5) In the case of institutional, recreational, and
other similar nonresidential uses, that such development will be
appropriate in area, location and overall planning to the purpose
proposed, and that surrounding areas- are protected from any
adverse effects from such development;
(6) That the streets and thoroughfares proposed are
suitable and adequate to carry the anticipated traffic thereon;
(7) That any proposed commercial development can be
justified economically at the location proposed and will provide
adequate commercial facilities of the types needed at such
•location proposed;
(8) That the area surrounding said development is
or can be planned and zoned in coordination and substantial
compatibility with said development;
(9) Appropriate measures are proposed to mitigate
any adverse environmental impact as noted in the adopted
Environmental Impact Report for the project.
(c) The City Council shall make no substantive modifi-
cation of a proposed Master Plan as recommended by the Planning
Commission unless and until such modification shall have been
referred to the Planning Commission for additional study, report
and recommendation. Such additional study, report and recom-
mendation shall be made by the Planning Commission within thirty
days of the date of the referral, unless and except as the City
Council may grant the Planning Commission additional time for its
review of the matter. Failure of the Planning Commission to act
within the time limit shall constitute their concurrence with the
7.
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F. BIONDO, JR.- CITY OF CARLSELM AVENUECALIFORNIA 9200!^ Z § D"
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City Council's action.
21.38.120 Amendment of Master Plan. (a) The amendment of
a Master Plan may be initiated by the property owner or authorized
agent as follows:
(1) A request for an amendment shall be submitted
to the Planning Department in written form and shall be accompanied
by such additional graphics, statements, or other information as
may be required to support the proposed amendment. The Planning
Commission shall consider the proposed amendment at its next
regular meeting;
(2) If the Planning Commission considers the amend-
ment minor in nature, the additional graphics, statements or other
information may be approved by the Planning Commission and made
a part of the original City Council approval without the necessity
of a public hearing;
(3) A minor amendment shall not change the densities,
or the boundaries of the subject property or involve an addition
of a new use or group of uses not shown on the original Master
Plan or the rearrangement of uses within the Master Plan. If the
Planning Commission determines that the amendment is not minor or
that a hearing is otherwise necessary they shall set the matter
for public hearing;
(4; If public hearing is required the applicant shall
submit a completed application with graphics, statements, or
other information as may be required to support the proposed
modification;
(5) A fee of $50.00 plus $1*00 per acre is required
for all property within the portion of the Master Plan to be
modified;
(6) An application for a modification of a Master
Plan for which a hearing is required shall be processed, heard,
.and determined in accordance with the terms of this chapter
applicable to the adoption of a Master Plan.
(b) The City Council may by motion initiate an amendment
to a Master Plan. Such amendments shall be processed, heard
and determined in accordance with the terms of this chapter
applicable to the adoption of a Master Plan.
21.38.130 Implementation of Master Plan, (a) To insure tha
the provisions and requirements of the approved Master Plan are
fulfilled the following procedures shall be used:
(1) Upon final approval of a Master Plan the
Planning Director shall affix the Master Plan designation number
on the official zone map;
(2) Subdivisions of land in the Master Plan area
shall meet all requirements of Titles 20 and 21 of this Code
and the approved Master Plan;
(3) Development of property within a Master
Plan pursuant to a special process such as Site Development Plan,
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Planned Unit Development Permit or Conditional U&e permit shall
meet all requirements of the permit, the approved Master Plan
and the provisions of this title applicable to such permit;
(4) Ministerial permits such as building permits,
business license and home occupations shall meet all requirements
of this code and the approved Master Plan.
(b) The Planned Community Master Plan process is part of
the ongoing City planning effort. It is anticipated that amend-
ments to the Master Plan may be necessary prior to completion of th
Planned Community. Approval and construction of a sectional part
of a Master Plan shall not vest rights in the remainder of the plan
The plan is intended rather as a planning framework to insure that
the parts of the plan as constituted are properly integrated into
the City's planning process.
21.38.140 Additional standards. The City Council may, by
resolution, adopt additional standards of development for Master
Plans. Master Plans approved or amended after the effective
date of such regulations -shall comply therewith. For amended
Master Plans that are partially constructed, the new standards
shall apply to the undeveloped portions only.
21.38.150 Undeveloped areas of existing planned communi-
ties. Undeveloped portions of properties zoned P-C, on the
effective date of this chapter, shall be regulated by this section
as follows:
(1) Properties of less than 100 acres shall be con-
sidered lawfully nonconforming. The development of such property
shall require a Planned Unit Development which shall be accomplished
in accordance with the provisions of Chapter 21.45. If no Master
Plan has been approved for the property, the land use shall be
consistent with the general plan. If a Master Plan has been
approved, the density and other provisions of such plan shall con-
stitute the underlying zone for purposes of the Planned Unit
Development permit;
(2) Properties of more than 100 acres for which no
Master Plan has been approved shall comply fully with the pro-
visions of this chapter;
(3) Properties of more than 100 acres, with an
approved Master Plan, shall require Planned Unit Development
permits which shall be accomplished in accordance with the provis-
ions of Chapter 21.45. The density and other provisions of such
plan shall constitute the underlying zone for purposes of the
Planned Unit Development permits. The City Council, by motion,
or the property owner, by application, may initiate an amendment
to the Master Plan to bring it into accord with the provisions
of this chapter. If such amendment is approved, the development
of such property shall be in accordance with this chapter;
(4) Notwithstanding the above, property with an
approved Specific Plan adopted pursuant to P-C zone regulations in
effect prior to the effective date of this chapter, can be develop-
ed in accord with such Specific Plan without further processing
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as required in this chapter."
SECTION 2: That Ordinance No. 9445 and Ordinance No.9454 are
hereby repealed.
EFFECTIVE DATE: The 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 1st ^aY of June > 1976,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the i 51;flay of June > 1976, by the following vote, to
wit:
AYES: Councilman Frazee, Lewis, Packard, Skotnicki and
CounciIwoman Casler
NOES: None
ABSENT: None
ROBERT C. FRAZEE, Ma^or
ATTEST:
MARGARET/E. ADAMS, CtLty Clerk
(SEAL)
10.