HomeMy WebLinkAbout1976-06-01; City Council; 3657-1; Amendment Title 21 Planned Unit Development All Zones Chapter 21.45CITY OF CARLSBAD
AGENDA BILL NO. 3fi57-Snpp1Pmpn+ No 1
DATE: _ June 1, 1976
DEPARTMENT City Attorney
Initial:
Dept.Hd.
C. Atty.\J//3>
C-
Su ject: CASE N0_ zCA-64, AMENDMENT TO TITLE 21 THAT PROVIDES FOR
PLANNED UNIT DEVELOPMENT (PUD) IN ALL ZONES (CHAPTER 21.45).
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 of the Carlsbad Municipal Code by the amendment of
Section 21.04.210 and by the addition of Section 21.04.256
to revise the definition of a lot, and by the addition of
Chapter 21.45 to adopt regulations for Planned Unit Develop-
ments. The ordinance adopting the zone code amendment is
attached.
Exhibit
Ordinance No.
Recommendation
If the Council concurs, Ordinance No
introduced.
should be
Council action
6-1-76 Ordinance #9459 was introduced for a first reading.
6-15-76 Ordinance #9459 was given a second reading and adopted.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 EUM AVENUECARLSBAD, CALIFORNIA 920081
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ORDINANCE NO. 9459
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTION 21.04.210
AND BY THE ADDITION OF SECTION 21.04.256
TO REVISE THE DEFINITION OF A LOT AND BY
THE ADDITION 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: "That 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, legally
created by subdivision map, adjustment plat, certificate of com-
pliance or a parcel legally in existence prior to incorporation
of the lot into the jurisdiction of the City of Carlsbad. A lot
shall have frontage that allows usable access on a dedicated
public street or a public dedicated easement accepted by the City.
This street or easement shall have a minimum width of thirty feet.
21.04.256 Lot — Planned Unit Development (PUD). "PUD-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 a lot. A PUD-lot
may be approved by the City Council as part of a Planned Unit
Development permit. A PUD-lot, if so approved, need not have
frontage on a public street or otherwise comply with the require-
ments of the underlying zone or Title 20."
SECTION 2: That 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.
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21.45.030
21.45.040
21.45.050
21.45.060
21.45.070
21.45.080
21.45.090
21.45.100
21.45.110
21.45.120
21.45.130
21.45.140
21.45.150
21.45.160
21.45.170
21.45.180
21.45.190
21.45.200
21.45.210
21.45.220
Planned Unit Development permit.
Permitted uses.
Application.
Planning Director's duties.
Planning Commission' duties.
City Council Action.
Combined proceedings.
Permit to show reservation for open space.
Design criteria.
Development standards.
Failure to utilize Planned Unil
Development permit.
Extension of time.
Cancellation of a Planned Unit Development
Permit.
Amendments.
Final map.
Final Planned Unit Development plan.
Certificate of occupancy.
Maintenance.
Failure to maintain.
Restriction on reapplication for a Planned
Unit 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
by offering a wide variety of dwelling units and building types
and 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 Develop-
ment rather than separately to individual lots or building sites;
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(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. Ownership
may be of lots, PUD-lots or condominiums or combination thereof.
A Planned Unit Development shall 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 modi-
fication of the requirements of the underlying zone to accommodate
the project as approved.
21.45.030 Planned Unit Development permit. The City Council
may approve a permit for 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.
When approved, a Planned Unit Development permit shall become a
part of the zoning regulations applicable to the subject property.
21.45.040 Permitted uses. Any principal use, accessory use,
ii transitional use or conditional use permitted in the underlying
13 zone is permitted in a Planned Unit Development.
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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 accordance
with the procedures set forth below:
(1) An application for a Planned Unit Development
permit may be made by the record owner or owners of the property
on which the development is proposed to be constructed. The
Application shall be filed with the Secretary of the Planning
Commission upon forms provided by the Secretary and shall state
fully the reasons a Planned Unit Development is a proper method
to develop the property and shall be accompanied by adequate plans,
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
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 the proposed buildings, landscape plan,
and building elevations and cross-sections of any proposed grading.
Applications for a project including lot sales or future custom
building programs may, with the exception of grading, exclude such
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drawings for the lot sale or custom areas provided a text is sub-
mitted containing limitations and parameters of development
criteria of those development standards listed in Section 21.45.120
and any other criteria that may be deemed necessary;
(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 project is to provide open areas and
recreational facilities to be used by the occupants of two or more
dwelling units, it shall be stated in the application and the
application shall include a plan, acceptable to the City, for the
preservation and maintenance of the common elements of the property;
(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;
(8) If the project will cause adverse impact on the
environment as noted in the Environmental Impact Report or
Environmental Impact Assessment, the application shall contain
the measures proposed to mitigate such impacts;
(9) 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.
21.45.060 Planning Director's duties. If the Planning
Director determines that the application contains all of the
items required by this chapter, he shall set the matter for a
hearing on a practicable date. The public hearing shall be
noticed and held in accordance with the provisions of Chapters
21.52 and 21.54. 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 recommenda-
tions 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 Chapters
21.52 and 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 and desirable to provide a service or facility which
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will contribute to the general well-being of the neighborhood and
the community;
(2) That such use will not be detrimental to the
health, 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 adver-
sely affect and will be consistent with the general plan for the
City of Carlsbad, applicable specific plans, and the adopted plans
of any governmental agency?
(c) In granting a Planned Unit Development permit, the
City Council may make modification to the plan or impose such
conditions as it deems necessary to protect the public health,
safety and general welfare. Any development standards of the under
lying zone in which the property 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. Such modifications or
conditions by the City Council are final and need not be referred
to the Planning Commission.
21.45.090 Combined proceedings. All proceedings with regard
to the 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.
* 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 ttfe common use of
the occupants of the Planned Unit Development. The City Council
may require the tentative map, submitted with the "application, to
also show the open space as an easement. 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, embrac-
ing land, buildings, landscaping and their interrelationships
and shall conform to adopted plans of all governmental agencies
for the area in which the proposed development is located;
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(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 on
adjoining properties. It shall not constitute a disruptive element
to the neighborhood or 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 the general
provisions of this title, the requirements of the underlying zones,
and this chapter, 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
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 ten feet, except parking structures with an entrance at
approximate right angles from a public or private street, shall
maintain a minimum setback of twenty-five feet from the sidewalk
or curbline, if a sidewalk does not exist, toward which it is
directed.
(3) Coverage: The permitted coverage shall be com-
parable 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;
6.