Loading...
HomeMy WebLinkAbout1977-07-05; City Council; 5122; Amendment to PUD RequirementCITY OF "RLSBAD ' ' ' C ^, • ' Q Initial: AGENDA BILL NO. ^/XX- DATE: July 5, 1977 . DEPARTMENT: PLANNING SUBJECT: ~~~ AMENDMENT TO PUD REQUIREMENT, CITY INITIATED CASE NO.: ZCA-84 STATEMENT OF THE MATTER This amendment to the PUD regulations has been fully staffed and heard by the Planning Commission. (See attached letter to City Council for discussion of the amendment and Planning Commission action. However, upon reflection of recently stated views by sorte members of the City Council that proper PUD design must be demonstratively unique, staff now believes -that a modification of this amendment- Exhibit "A" dated April 21, 1977—should be considered. " The amendment of the storage space regulations was drafted not to require storage space of the lot areas in 7500 square feet or more. This nunber was chosen because 7500 is the minimum for a normal subdivision, and it was assumed that the storage _ space is provided on the site on this size of lot. However, because the City Council established a policy to require uniqueness in PUD developments, staff believes that to insure that policy is maintained such exclusion from the requirement should be permitted only if it can be demonstrated that storage space can be provided on the lot. Therefore, staff recommends consideration of the following addition to the last sentence of the first paragraph of Number (6), see line 13: "and the PUD plan indicates how each of these lots will: ; adequately provide on site storage space exclusive of front and side yard areas." This will give the developer the opportunity to avoid constructing storage areas, but yet retains the uniqueness of PUD's by guaranteeing storage areas on the lot. EXHIBITS Planning Coitraission Resolution No. 1368 with attachment Exhibit "A" dated 4/21/77 Memorandum to City Manager dated June 24, 1977 • /„,-,__ Staff Report dated 4/27/77 (Corrected 5/31/77) and report dated 5/25/77 Planning Commission Minutes dated 4/27/77 and 5/25/77 , REOayMENDATION Staff recommends that the City Council hold a hearing on this item_ and_then refer the matter to the Planning Commission to consider the above addition into the Planning Commission recommenaation as indicated in the Planning Commission Resolution No. 1368 and Exhibit "A" dated April 21, 1977. FORM PLANNING 73 AGENDA BILL NO. 5122 -2-July 5, 1977 7-5-77 Following the public hearing on the Amendment to PUD Requirement, and consideration of the last sentence of the first paragraph of Number (6), the Council referred the matter to the Planning Commission for consideration of the proposed addition. MEMORANDUM DATE: June 24, 1977 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: Amendment To PUD Requirement, City Initiated Case No. ZCA-84 This amendment is to clarify the intent of the storage space and open space requirements of the PUD regulations especially as they relate to PUD's in Master Planned areas in a P-C Zone. Discussion of each amendment is as follows: Storage Space; Presently, storage space is required for all units in a PUD. Some PUD's, however, contain lots with areas of 7500 square feet or greater. Storage space is not required in regular subdivisions of 7500 square foot lots or greater because it is assumed that storage is provided on-site. The Planning Commission and staff felt that the large lot PUD should also not have to provide this storage. This amendment is contained starting on line 12% of Exhibit "A." The staff has discussed how to properly insure storage areas be provided for those lots 7500 sq. ft. and over by suggesting that an amendment to require adequate storage on those lots. Present requirements also provide that storage areas may be off- site of the PUD. However, there may be a problem of insuring compliance if the off-site storage area is also open to the public or other PUD's. Therefore, the amendment starting on line 19 of Exhibit "A" has been added to insure that the required storage area be specifically designated for the exclusive use to members of the particular PUD. The amendment also clarifies that the storage area may be used for more than one PUD, provided sufficient space is available for all sharing PUD's. The Planning Commission agreed with this, but also desired a provision that would permit storage space to be comprehensively planned for in a Master Plan. This space would then be used for all residents of the Master Planned area, including regular developments as well as PUD's. This paragraph was added by the Planning Commission as contained in the Planning Commission Resolution No. 1368. Open Space; The P-C Zone requires 15% of the area be in open space. Many of the Master Plans in the P-C Zone exceed this requirement. However, the present PUD regulations do not provide for credit of this open space for PUD open space requirements . The amendment starting on line 25 of Exhibit "A" gives such credit providing the credited open space is part of the excess master planned open space (that portion over the 15% requirement) . BP : JCH : ar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.45, OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE DEVELOPMENT STANDARDS FOR PLANNED UNIT DEVELOPMENTS IN REGARDS TO STORAGE SPACE AND OPEN SPACE. CASE NO. ZCA-84 APPLICANT; CITY OF CARLSBAD WHEREAS, the Planning Commission of the City of Carlsbad did adopt Resolution of Intention No. 148 declaring its intention to conduct a public hearing to consider a Zone Code Amendment amending Title 21 of the Municipal Code amending Planned Unit Development requirements in Chapter 21.45; and WHEREAS, the Planning Commission did hold a duly noticed public hearing on April 27, 1977 and on May 25, 1977, to consider the subject amendment; and WHEREAS, the Planning Commission received all testimony from those persons interested in and opposed to, if any, the proposed Zone Code Amendment; and WHEREAS, the Planning Commission did find the following facts and reasons to be present which in their opinion are necessary to carry out the general purpose of Title 21 of the Municipal Code: A) It is desirable to have centralized storage areas serving more than one PUD. This will permit more efficient and secure storage areas. B) It is desirable to plan for open space for PUD in the master planning states of a Planned Community. This will provide better integration and connection of open space and recreational areas. 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 of the Municipal Code 3 4 5 6 7 8 9 dwelling unit. 10 11 12 13 14 15 19 20 as set forth in Exhibit "A" dated .April 27, 19?7 with the following addition to Section I of said Exhibit "A." "If the City Council so determines any part or all of the storage space requirements for a PUD located in the Planned Community Zone with an approved Master Plan, it may in accordance with the provisions of this section, be satisfied by storage space provided in the Master Plan. Any such storage space must be located within the Master Plan boundaries. In order to approve the use of Master Planned storage space as satisfactory to the PUD require- ments, the City Council must find that: 1. The Master Plan provides for sufficient storage space to serve all units of the Master Planned area, on a ratio of 40 square feet of storage space for each 2. The location of the storage space reasonably relates to the PUD and is readily available." PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on May 25, 1977, by the following vote, to wit: AYES: Commissioners Larson, Rombotis, Woodward, Jose, Watson and L'Heureux1 16 ABSENT: Commissioner Pikes 17 18 ERIC LARSON, CHAIRMAN ATTEST: 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A 4/21/77 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD* CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.45, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.45.120 (6) AND (9) TO REVISE THE DEVELOPMENT STANDARDS FOR PLANNED UNIT DEVELOPMENTS IN REGARDS TO STORAGE SPACE AND OPEN SPACE. ZCA-84 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1; Title 21, Chapter 21.45, Section 21.45.120 of the Carlsbad Municipal Code is amended by the amendment of Subsection (6) to read as follows: "(6) Storage space. Storage space to accommodate storage of campers, trailers, boats, etc. shall be provided for planned unit developments containing five or more residential dwelling units. This requirement shall not apply to any individual residential dwelling unit which is located on a separate lot of 7500 square feet or more in^ land area. The area provided for this storage space shall be at least equal to forty square feet for each dwelling unit. The storage space shall be screened from view by a view obscuring fence, wall or landscaping. The storage space may be offsite 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 Council must find evidence that such offsite storage area is suitable and not detrimental to the surrounding properties of such storage area. The storage space shall be located in specifically designated areas and made available for the exclusive use of the residents of the PUD. These designated areas may serve more than one PUD provided there is sufficient space to meet the minimum requirements for each PUD sharing the area." SECTION 2; Title 21, Chapter 21.45, Section 21.45.120 of the Carlsbad Municipal Code is amended by the amendment of Subsection (9) to add the following: (E). If the City Council so determines any part or all of the usable open space requirements for a PUD located in the Planned Community zone with an approved master plan may, in accord with the provisions of this section, be satisfied by reference to open space lands located outside the PUD boundary. Any such open space lands must be located within the master plan boundaries and must be in excess of the requirements of the Planned Community 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zone, and Chapter 20.44. In order to approve the use of any such excess open space land to satisfy the PUD requirements for usable open space, the City .Council must find that: 1. The portion of the open space lands to be attributed to the PUD complies with the requirements for usable open space contained in Subsections (A), (B), (C) and (D), and with the requirements of this section; and 2. That such open space reasonably relates to the PUD and will be readily available to the residents thereof to substantially the same extent as onsite open space." 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 , 1977. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1977, by the following vote, to wit: AYES! NOES: ABSENT: ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) . - MEMORANDUM - APRIL 27, 1977 (Corrected May 31, 1977) TO: _ PLANNING COMMISSION FROM: PLANNING DEPARTMENT RE: ZCA-84, AMENDMENT TO PUD ORDINANCE Bob Ladwig of Rick Engineering submitted a list of suggested amend- ments to the PUD Ordinance to benefit PUD developments in the P-C Zone. Basically the amendments are to provide Open Space credit to a PUD for the open space and Public Parks that are provided for in a Master Plan of the P-C Zone. Planning staff has reviewed these suggestions and generally found them acceptable. However, any provision for credit must be in agreement with the intent of the open space requirements of the P-C Zone and the Public Park Policy. The intent of the Open-Space in the P-C Zone, is to give an overall plan for parks, natural areas,"open space, private recreation, etc, for a master planned area as a whole; this includes single family residential as well as PUD. The open space in the PUD is to give additional open space above the minimum requirements in lieu of the ..relaxation of normal development requirements in the R-Zones, i.e., private yards, setbacks, public improvements, etc. Therefore, open space of a P-C Zone Master Plan should be distinct from open space in a PUD. However, there may be circumstances where a Master Plan sets aside open space in areas adjacent or near PUD, or a PUD could be proposed in an area that is adjacent to open space areas which has more than the normal amount of open space.committed to recreation. In these cases staff believes there should be a mechanism to permit existing or planned recreation areas to count in meeting the open space requirement of a PUD. In addition, it is conceivable a PUD could be proposed in any zone, in an area of abandant recreation, i.e., near public parks, beach, private recreation. Therefore, staff suggest credit should be given if there is appropriate usable open space nearby. These changes are contained in Exhibit A, dated April 27, 1977, attached. Section 1, of Exhibit "A" are staff's suggested changes to storage space requirements. These changes are designated to: 1) To exclude those large lot PUD's; that for all practical pur- poses are normal single family developments, at least in land use area per lot. 2) Insure that storage areas are exclusively available to the in- habitants of the PUD/ 3) That storage space cannot be credited to more than one PUD. Section 2, of Exhibit "A" contains staff's suggested adding para- graph E 'to Subsection: 21.45.12.0 (9). Proposed (E) will permit the City Council to approve PUD Open-Space in a P-C Master Plan, provided that the area so designated is in addition to the minimum 15% open space required, and in addition to the Public Parks requirements. BPrar .2 Mr-10RANDUM - MJV^'25,. 1977 i TO: PLANNING COMMISSION FROM: ASSISTANT PLANNING DIRECTOR RE: . ZCA-84 AMENDMENT TO PUD REQUIREMENTS. This item was heard by the Planning Commission on April 27, 1977. Staff recommended approval of ZCA-84 as Exhibit "A", April 21, 1977, which modifies requirements for storage space and open space. The Planning Commission agreed with the changes to open space, but re- quested staff to review storage space as it pertains to development in the P-C Zone. Mr. Morey explained that La Costa does not permit storage of R-V on streets or yards on any lot , and they are planning to provide R-V storage areas in strategically located areas in La Costa. He there- fore felt that requiring separate R-V storage for PUD's in La Costa was unnecessary _and would work against their efforts to build- ing centralized and secure storage yards. As per your direction, staff has prepared wording that will permit this flexibility in siting of R-V storage. This is based on the amendment of the open space section. It is as follows: "If the City Council so determines any part or all of the storage space requirements for a PUD located in the Planned Community Zone with an approved Master Plan, it may in accordance with the provisions of this section, be satisfied by storage space provided in the Master Plan. Any such storage space must be located within the Master Plan boundaries. In order to approve the use of Master Planned storage space as satisfactory to the PUD require- ments, the City Council must find that: _• The Master'Plan provides for sufficient storage space to serve all units of the Master Planned area, on a ratio of 40 square feet of storage space for each dwell- ing unit. The location of the storage space reasonably relates to the PUD and is readily available." Recommendation: If the Planning Commission agrees with this addition, it is rec- ommended that it be added, Section 1 of Exhibit "A", dated April 21, 1977. Attachments: Exhibit "A", dated April 21, 1977 Planning Commission Minutes dated, April 27, 1977 Staff Report dated, April 27, 1977 BP:ar 5/12/77 \ CI.TY OF CARLSBAD Page 5 PLANNING April 277 I'- /7 Case No. QJP-120(A), Circus Varous, John Lyons_ T~of a" Condi uonal -Use J-ernit for the Eration of an old-fashioned circus under the B _ at Plaza Camino Real Shopping Center from ley 16 thrb<pgh May 18, inclusive. Mr. Pler/der\in presenting the staff report, seated that staff is recoV&rraing approval of this iteiTi./v;hich will be held irKthe south parking lot, jus? off Marron Rd The application is essentially the sarre as last year's, with the added condition that due to Matron new being a thru-road, there co^p be no vehicles/or equipment within 30 feet of Matron Rca^ r.z stated^hat the City Manager • cnlv handles such req^cXi-s when tXey are nonprofit situa- tions. The Planning D?p;^-trranVTias nev er received a ccnplaint regarding this Charles Burtcn, San Fry.c^reco\Agent, agreed vdth the starf's reccrrfTsnaaticns/6r. this\application. Mr. Cteorcs Flar.dars215? Chestnur^ asked v,ho would re- he Shopping Center Lot belongedczivs the fees t>:-ac \ouic b£ peid, or the City. K§/also asked if the to the City. Kr. Plendey; in reply, stated that the Ci}_ Office handles all edrinistrative details, insuraniK, fees, etc., for this type of reqi^st. Planning only deals with planning consideration A,/foticn was rrade to approve CUP-120 (A) based on findings and conditions in the staff report. (5) Case No. 2CA-84, PUD ftnendnant, City of Carlsbad — A request to consider changes to- the PUD Ordinance es follows: 1) Provide wording that will specifically state that storage areas may serve - more than one PUD, and,2) provide for open space during the master planning stages of the develop- ment of- a Planned Community (P-C Zone). Bud Plender said this request was originally irade by Bob Ladwig of Rick Engineering on behalf of la Costa because of some difficulties they were having coordin- ating PUD's with the P-C Zone. Staff reviewed these requests and sugoested that a couple be listed in the Ordinance, as to storage space requirements and open space requirements. He stated that the City Council has found t-rat charging a fee for R-V storage was permissible. lYcd Morey, La Costa Land Ccrrnany, Carlsbad, stated it was never originally intended to use a planned unit development in a P-C zone. Tne thAry of the P-C zone was to create a .Master Plan for parks, school : sites, open space, etc. La Costa uses CC&R's to prevent indiscriminate R-V parkinc He stated that they take exception to using the 7500 sq. ft. lot as the dividing line regarding storage conditions for R-V's, boats, motor homes, etc. He feels that the best irethod would be to consider the entire comunity, and not restrict to lots under 7500 sq.' ft'. It is the philosophy of La Costa Land Conpany that people who ^ use R-V storage should pay for it. He feels the ' overall problem should be reviewed, not just regardingPUD'S. CITY OF CARLSBAD Page 6 PLANNING COMMISSION April 27, 1977 There was some discussion on "exclusive use" and what it inplied. .'-Ir. MDrey explained that the way the Ordinance Anenda-mt is worded, the only tine R-V storage is needed is if the lots are less than 7,500 sq. ft. In La Costa, R-V storage in the open is not permitted on any lot. Tnerefore^ La Costa will provide R-V storage lots for all the residents in I,a Ccsta, not just those in s^rall- lot PUD's. He requested that the Ordinance contain word- ing that will perrfdt Plsnned Corrmunities to provide R-V storage for all its residents including the srall-lot PUD'S.- A Minute Motion WHS made to instruct staff to reopen the hearing and continue this request-until May 25, 1977, based on trie discussion of the neetinc tonight and'the staff report. - -; vHouse I-bve frccn 1241 Eli?, to 2665 Wilson. Bud Pleader stated that staff was in error in that/there were 2 houses being moved to a vacant lot. Staff/thought there was \houso on the lot and the 1 beinq Staff sees orcble.- in carbining these strucrares. The OrdinanceVequires a 10-foot separation bcrween buildings, butVhis shouldn't be a problem. /Staff is taking the standxrhat this applicant irace application prior to the cutori deadline for the sewe:/ moratorium. Gene Yocom, 1313 Chiftouapin, applicant,/statsd that he med with\sewer. He was .only as>iing to o anothar lot, whichywould not create was not con; these 2 houses any more sewer aerrand Tiro Flanacan said this raise several questions which r connections be ive and still keep his aer would have to make most be answered, such as: c transferred? Can an applicant sewer service, etc. The City the determination. A minute notion was nade to'approvte this item, as per staff report, with the seyer subject to be determined by the Ordinance adopted/by City Cou\cil on 4/26/77, .•or by the City Manager^ (7) Case No. 2C-189/• Returned from CitrV council to _ Planning Cannnasion for further repoi Mr. Plender cave ihe staff report. He said £feat the applicant requested R-A zoning, but the Planning Ccrrn- ission approved/R-A-0 as staff reconnended. Since the subject property sho-jld be an integral part Vf the entire knoll/area, staff recormEnded that City Council not rezone to R-A-Q but rather to E-A-Q which is exclusive .agricultural zone which would not permit division /but would allow a plant nursery, as request jK motion was made to instruct staff to prepare nts changing the zoning frcm L-C to E-A-0 of the original approval ay Planning Ccrtmission L-C to R-A-Q. Finding fo General Plan Consistency for Purchase of 1'roporty tor Park iJ'jrDoscs. Requesting approv- X I X X PLACE: MAY 25, 1977 7:00 P.M. COUNCIL CHAMBERS ' /**" NCALL TO ORDER - The treating was called to order at 7:05 P.M. - Conmissioner Fikes was absent. X. Comnission Watson arrived at 7:17 P.M. PLEDGE OF ALIEGIANCE APPROVAL OF - The Minutes of April 27, 1977 were approved with the following corrections: Gommiss^ofier The Minutes of May 11, 1977 were approved with the following corrections: Canmissd-OHer ^atson made the motionj of approval on PUD-8/CT 77-2 of-Mr. Banche's name is corrected on Page CUJMiwwtXi W-LLJi (—i*c i_wj.jsww,uiy wwj,j_v~^w.*.v-'**.j« ^*_*»»tfc*.^fc«*-.r*»«—*. L'Heureux abstained on^the voting for South Coast Asphalt- Page 8, and Contnissioner Rombotis made the Minute Motion instructing staff to contactHhe water board-Page 8. the spelling :pNS_ - None ORAL CDMfrK^CATICtiS - A motion was made instructing staff to" develop a resolution of appreciation to Mark Nelson for his services as Planning Commissioner, jlution No. 1372. PUBLIC HEARINGS - '• ' APPROVED MOTION AYES ABSENT ABSTAIN APPROVED .MOTION AYES ABSENT ABSTAIN ..APPROVED MOTION AYES ABSENT (Continued) (1) Case No. ZCA-84, PUD Amendment, City of Carlsbad - TO consider changes to the PUD Ordinance as follows:. 1) Provide-wording that will specifically state that storage areas may serve more than one PUD and - 2) provide for open space during the master planning states of the development of a Planned Coimtunity . (P-C Zone).. Mr. Bud Plender, Assistant Planning Director, made the staff presentation. This item was continued from the May 11, 1977-Planning Conmission meeting. It was ' referred back to staff to incorporate the change that will allow R-V storage areas to be planned with the master plan in a PC zone. Therefore, if a planned1 'development is provided or is applied for in a PC zone, and a PC zone has a master plan-that has already accomnodated R-V storage, then the PUD requirements could be met with the master plan. ' A motion was.made .to approve ZCA-84 as presented in the .staff report dated April 27, 1977^ . the staff memo- . randum dated May 25, 1977, and as per Exhibit A dated . April 21, 1977. Resolution No. 1368. (2>v^Case No. CT 77-7, Ray StocktgnX^Approval of a ^ tentative map to provide 27/lots on 6.2 acres in ah^exLsting R-l~7500^6ne. Located on the •.rest sidV-of^ Valley Street between Elm Avenue find Oak Avenu APPROVED MOTION AYES ABSENT •Mr. Bud Plender asked that^fchis item be continued until June 22,1977 in order tx5>d<3velop a better plan for the jElty and the applicant A Motion was made to continue CT 77-7 £or Q»^reasons presented by staff and at the request pf the applicant. * h * . X APPROVED MOTION AYES • jvaescsaa.