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HomeMy WebLinkAbout1979-09-04; City Council; 5726-2; Amendments to Condominium OrdinanceCITY OF CARLSBAD Initial AGENDA BILL NO: ^~7£6> - .^JUA^L^e^^J^JC ^~ £ Dept. Hd. DATE: September 4, 1979 • Cty* Atty Cty. Mgr.DEPARTMENT: Planning . ^ ^ • . SUBJECT: '• ~ AMENDMENTS TO CONDOMINIUM ORDINANCE, ZCA 109 Statement of the Matter After reviewing the condominium standards some developers felt that the standards were not applicable in certain cases and therefore requested the City Council to consider amending the regulations. At the same time '- staff indicated some technical' problems with the code that involve pro-" cessing, not content. The City Council reviewed these matters and directed staff to prepare an ordinance amendment resolving the technical matters but .not modifying the development or design criteria requirments. The subject Zone Code Amendment contains only those technical matters as noted by staff. The Planning Commission has recommended approval of ZCA 109 but deleting the change that would have -permitted refuse areas to be constructed within parking structures without need for enclosed walls • and. gates. The Planning Commission felt that indoor refuse-areas would cause'a fire safety problem and there would be a litter problem from over- flowing refuse loins. At the hearing, a citizen noted a prqblem not contained in the code amend- ment. This' is the setback from driveways. The Planning Commission agreed that this matter should be reviewed further but did not wish to make it pa'rt of the technical changes of ZCA 109. Attachments • '•'••• . Planning Commission Resolution 1540 Staff report dated July 25, 1979 with attachments Recommendation • ' . . The Planning staff and Planning.Commission recommends that the City Council direct the City Attorney to prepare documents approving ZCA 109 as per Planning Commission Resolution 1540. Council Action: 9-4-79 Council directed the Ci ty. Attorney 'to .prepare the necessary documents approving ZC.A 109 as per Planning.Commission•Resolution 1540, subjectto eliminating a difference in setback for 30 final spaces in anyprivate street. . • 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. 1540 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO VARIOUS CHAPTERS OF THE CONDOMINIUM ORDINANCE. CASE NO.: APPLICANT: ZCA-109 CITY OF CARLSBAD WHEREAS, the condominium and condominium conversion standards were adopted by the City Council in December, 1978, as Chapter 21.47 of the Carlsbad Municipal Code; and WHEREAS, a report was submitted to the City Council on March 20, 1979, regarding technical changes to the Condominium Ordinance; and WHEREAS, pursuant to City Council direction an ordinance amendment, Exhibit A, dated July 18, 1979, has been prepared and forwarded to the Planning Commission for hearing; and WHEREAS, the Planning Commission did hold a duly noticed, public hearing on July 25, 1979 to consider said ZCA-109; and WHEREAS, the Planning Commission received all testimony and arguments, if any, of all persons desiring to be heard, and upon hearing and considering all factors relating to the Zone Code Amendment, found the following facts and reasons to exist: 1. The changes as proposed are technical and have no significant impact on the intent and purpose of the condominium and condominium standards, and other affected regulations. 2. That modifications as proposed are necessary to effectively process condominium permits. 3. An Environmental Impact Assessment has been performed, and a Negative Declaration.issued for the proposed project based on the following justification: a. The Zone Code Amendments are administrative and rela- tively minor in nature. 1 b. The amendments will serve to clarify procedures and improve development standards as they relate to the 2 Condominium Ordinance. 3 c. Discretionary review, including environmental analysis is required and will take place on a project by project 4 basis. 5 WHEREAS, the Planning Commission, by the following vote, 6 approved ZCA-109, as per Exhibit A, dated July 18, 1979, attached 7 hereto, with the deletion of Section 6, 21.47.130 Development 8 Standards, (5), Refuse Area. 9 AYES: L'Heureux, Rombotis, Schick, Marcus, 10 Jose, Larson 11 NOES: None 12 ABSENT: Wrench 13 14 NOW, THEREFORE, BE IT HEREBY RESOLVED that the above 15 recitations are true and correct. 16 17 STEPHEN M. L'HEUREUX, Chairman 18 CARLSBAD PLANNING COMMISSION 19 ATTEST: 20 21 22 JAMES C. HAGAMAN, Secretary 23 -2- 24" 25 26 27 28 EXHIBIT A JULY 18- 1979 AMENDMENT TO CONDOMINIUM REGULATIONS ZCA-109 Section 1 21 .47 .030 Condominium Permit Application. (c) 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. Approval of both a subdivision map and a condominium permit is required in order to proceed with development of a condominium. If a subdivision map has previously been recorded on the lot .permitting "the use of the property for condominiun development, a "tentative map is not required, provided that the proposed condo- minium is consistent with the previously filed tentative .map. How ever, a condominium permit processed according to ~his chapter is required . Section 2 21.47.050 Transmittal to the planning commission. The planning director shall transmit the application for a condo- minium permit, together with his recommendation, -thereon, to the planning commission for public hearing when all necessary reports and processing have been completed. When an application is rela- tive. to another discretionary permit, it may be considered by the planning commission concurrent with their consideration of such discretionary permit. Notice of the public hearing shall be given as provided in Section 21.54.060(1) of this Code. Section 3 21.47.060 Planning commission report. The planning commis- sion shall consider rhe application for condominiums and shall prepare a report and recommendation for the city council. This report and recommendation, shall be forwarded to the City Clerk who shall set the matter f or public hear ing before the City Council . Section 4 21.47.130 Development Standards (1) Setbacks, Special building setbacks or yard requirements from private streets, private driveways .and open parking areas are required as follows: (A) Set backs fro:?, the right-of-way, of a private street of at least ten feet for habitable buildings and five feet for all other structures is required . Parking structures with an entrance at approximate right angles to the private street shall maintain a minimum setback of twenty-five feet from a pedestrian walkway or curbline if a walkway does not exist, except the last 30 covered parking spaces served directly from a private street that is closed. at one end need only be set back 5 feet. A private street is a driveway with a length greater than three hundred feet if closed at one end, or six hundred feet where access is provided at both ends, and serving thirty or more covered park- ing spaces, or serves the purpose of a public street as determined by the City Engineer. (B) Building setbacks from driveways shall not be less than ten. feet except garages entered directly from the driveway may either be set back five to seven feet or greater than tv/enty feet. Automatic door openers and inside opening doors raay be required as a condition of approval if determined to be desirable to reduce traffic congestion and maximize safety. (C) Building setbacks from open parking areas shall not be less than five feet. Section 5 21.47.130 Development Standards (2) Parking (a) No change. (b) No change. ~_ (c) Credit may be given for on-street parking for parking spaces available on the public street directly in front and on the same side of the street as the project. An on-street parking space shall be at least twenty-four feet in length amJ-ftefc for interior spaces and twenty feet in length for spaces at the end of a parking row. Furthermore, no parking space shall extend into any portion of a driveway opening. Section 6 21.47.130 Development Standards. (5) Refuse Area. Centralized refuse pickup areas shall be re- quired for development with five or more units unless condominium plans specifically shew provisions for individual pickup. Central- ized refuse pickup areas shall be constructed of three and one-fourth inch Portland cement concrete floor, six inch high masonry walls and metal framed solid gate, unless adequate alternative materials are specifically approved as a part of the condominium permit. The centralized refuse area shall be accessible to refuse trucks, and not readily visible from a public street. The refuse area shall be designed to accommodate a three cubic yard container for every ten living units, ?.e£use areas in parking structures shall be permittee upon specific approval of the Public Works Administrator and the Fire Chief. Refuse areas so located need not be enclosed wjiTth walls and gates. _ However trash containers placed in these refuse areas shall cor.tain seIf-closincr -2- -*"•, ' Section 7 21.47.130 Development Standards. (6) Storage "Space. Separate storage space of at least four hundred eighty cubic feet in area shall be provided for each unit. This space shall be separately enclosed for each unit, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. Section 8 21.47.130 Development Standards. (A) No change. (8) Open Recreational Areas. No change. (B) The minimum of any lineal dimension of any of the areas shall be at least ten feet; except balconies used for open recreation may qualify provided the minimum of 3.r.y lineal dimen- sion is six feet. (C) No change. (D) No change. (E) No change. ' ' • (F) No change. Section 9 21.47.130 Development Standards. (9) Landscaping. For developments with five or more units a preliminary landscape and irrigation plan shall be submitted with •the condominium application indicating plant type and irrigation design. Whenever possible, this plan shall include water con- servation measures and low maintenance landscaping. Section 10 21.47.130 Development Standards (11) Utilities. (A) Separate gas, and electric services shall be required for each unit, except common meters may be permitted if a finding is made that there are unusual circumstances or orientation to the use ofthe units such as short term rentals, or association with a ho telthat would Permit common meters without adverse effects on the'nature and use of the units as residential condominiums. Meters may either be at the unit or in easily located clusters, (B) Separate wa~er service shall be required for detached units and units tha- share a common wall (wall is not the combin- ation -of floor and ceiling). Meters nay either be at the unit or in easily located clusters. (C) Common warsr service is permitted for multi-storied building, this permitted, common meter is required for each main multi-storied buildinc. -3- (D) Condominiums where the units have separate water meters shall also have ~a separate water meter for \v-ater servicing common""landscape and" recreation areas (E) All distribution utilities shall be placed underground. Section 11 Modification to the Planned Unit Development Regulation. 21.45.020 Definition. A "planned unit development" is a project improved in accordance with, a comprehensive planned overall development plan, defined as a planned development by Section 11003 of the Business and~Prof essions Code of the State of California and is characterized by the following: (1) The regulations of the zone regarding density or inten- sity 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 areas and recreational facilities provided on the site of the planned unit development shall be coupled with severalty interests of the owners of separately owned lots, parcels cr areas. (3) Imaginative planning and design is used to relate the development to the site and the surrounding area by the modifica- tion of the requirements of the underlying zone to accommodate the project as approved. ~ Section 12 Modification to the P-C Zone Regulations. 21.38 .150 Undeveloped areas of existing planned communities. 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 one hundred acres shall be con- sidered lawfully nonconf orming . The development of such property shall require a planned unit development permit or a condominium permit issued whieh-sha-lt-be-aeeeapiisaed in accordance with the provisions of Chapter 21.45, or Chapter 21.47 , whichever chapter is applicable to the development. 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 emd other provisions of such plan shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall constitute the underlying zone for purposes of the planned unit development or condominium permit- (2) Properti-s of more than one hundred acres for which no master plan has been approved shall comply fully with the provisions of this chapter - (3) Properties cz r.ore than one hundred acres, with an approved naster plan, shall require either a planned unit develop- ment or permits which shal be accomplished in accordance with the provisions of Chapter 21.45 or_JZhapter 21.47, whichever chapter is applicable to the development^ The density and other provisions -4- of such plan shall constitute the underlying zone for the pur- poses of the planned unit development or condominium permits. The city council, by motion, or the property owner, by applica- tion, may initiate an amendment to the master plan to bring it into accord with the provisions of this chapter. If such amend- ment is approved, the development of such property shall be in accordance with this chapter. (4) Notwithstanding the provisions of this section, pro- perty with an approved specific plan adopted pxirsuant to P-C zone regulations in effect prior to the effective date of this chapter can be developed in accord with such specific plan without further processing as required in this chapter. -5- DATE: July 25, 1979 TO: Planning Commission FROM: W Planning Staff RE: ZCA 109, AMENDMENTS TO CONDOMINIUM ORDINANCE The condominium and condominium conversion standards were adopted by the City Council in December, 1978, as Chapter 21.47 of the Carlsbad Municipal Code. Since that time, staff has reviewed a number of applications for condominiums and condominium conversions, and has noted some technical problems with the Code. In addition some applicants for condominiums have voiced concerns about some of the development standards. A report on these matters was submitted to the City Council on March 20, 1979. (See attached Memo dated February 21, 1979.) The City Council acted on this report by recommending that all of the changes suggested by staff be incorporated; however, those changes suggested by applicants of condominium projects not be considered. Following these directions staff prepared an ordinance amendment, attached as Exhibit A, dated July 18, 1979. It incorporates the changes suggested by staff except for the finding for General Plan consistency for conversions is not included because at this writing the State has not adopted the provisions. ANALYSIS OF CHANGES Please see Exhibit A, dated July 18, 1979, for modifications. 1. 21.47.030 Condominium Permit Application A sentence has been added to Subsection (C) that indicates that properties that have already been subdivided for condo- minium purposes need not re-submit tract map with the required condominium permit. 2. 21.47.050 Transmittal to the Planning Commission Presently the code indicates the public notice is given as per subdivision regulations. However if there is no sub- division map there is a question on the requirements for public hearing notice on the condominium permit. The suggested modification will require public hearings as provided in the Zone Ordinance. 3. 21.47.060 Planning Commission Report This amendment makes clear the need for City Council public hearing on condominium permits. 4. 21.47.130 Development Standards (1) Setbacks There are two changes to paragraph (A) of subsection (1). The first reduces the required setback for non-habitable buildings from a private street from 10 feet to 5 feet. This is a change in development standards, but one staff believes is in keeping with the intent of the original ordinance. The second change adds a clarification that the last thirty parking spaces need not meet full apron setback requirements. It was the intent of the original draft to provide sufficient apron to permit automobiles to pull off private streets to open garage doors, discharge passengers, etc. without unduly blocking traffic. The last spaces along a private street that is closed at one end don't have the same traffic conges- tion problem as the first spaces because of the reduction in traffic. Therefore, this modification eliminates the setback apron for the end spaces. The number 30 is consistent with definition of private street. It is felt that auto traffic to 30 spaces will not cause traffic problems. 5. 21.47.130 Development Standards (2) Parking Staff has suggested that the length of an end parking space on the street can be reduced to 20 feet since the end space does not need additional space for parking movement. 6. 21.47.130 Development Standards (5) Refuse Area Staff suggests that refuse areas be permitted in parking structures but only upon approval of the Public Works Adminis- trator and Fire Chief. We also suggest the deletion of the required walls and gates for a refuse areaa within parking structures. It is felt that the wall and gate requirements are not necessary if its in an enclosed structure. Self- closing trash containers will reduce fire possibilities. 7. 21.47.130 Development Standards (6) Storage space Minor modifications are suggested to clarify that required storage areas are to be separate for each unit. -2- 8. 21.47.130 Development Standards (8) Open Recreational Areas Minor modifications are suggested to clarify that the mini- mum lineal dimension is required for all sides of a recrea- tional area not just the long side. 9. 21.47.130 Development Standards (9) Landscaping Staff suggests a change in this requirment to require land- scaping and irrigation plans only for those developments with five or more units and that such plan be preliminary. Staff feels that this modification is desirable because of the large cost involved in developing complete landscaping and irrigation plans for a tentative project and that the smaller developments generally do not have the same landscaping problems as larger projects. 10. 21.47.130 Development Standards (11) Utilities Staff suggests flexibility in the requirements of separate gas and electric services. Paragraph A as modified permits common gas and electric service for developments that are resort oriented or associated with a hotel if the City can make such a finding. This will permit a condominium where the units are separately owned but are controlled to a cer- tain degree by an association or hotel for rental purposes. Paragraph (D) has been modified to require separate land- scape watering only if the condominiums have separate water service. Present ordinance requires separate landscape watering even when the units are on a common meter. 11. 21.45.020 PUD Requirements PUD's and condominiums have similarities, but are treated separately by the Code. Generally a condominium is a form of ownership of a common lot and a PUD is a planning and subdivision process that subdivides the development into separate lots but with common responsibilities. Further definition is that a condominium is a division of air space with common responsibilities for the open area and the exterior of the structure. A PUD is the ownership of a separate lot but common responsibilities to common driveways, open areas, etc. The suggested modifications to the defini- tion of a PUD is an attempt to clarify the matter. Staff did not wish to have both processes required and therefore suggests that condominiums be deleted from the PUD process. — 3— 12. 21.38.150 Undeveloped areas of exising planned communities Section 21.38.150 indicates that a PUD is necessary for development in certain cases of nonconforming P-C areas. We have had discussions with applicants that wish to build condos not PUD's in certain P-C areas. This means that both permits would be required. Multi-permits are not unusual, but it does seem unnecessary in this case, and in fact, there are some minor conflicts in parking, driveway design, etc. Staff therefore suggests an amendment providing either the PUD process for land division project or condominium permit for air space projects. RECOMMENDATION It is recommended that ZCA 109 be approved as per Exhibit A dated July 18, 1979, for the following reasons: 1. The changes as proposed are technical and have no significant impact on the intent and purpose of the condominium and condominium conversion standards, and other affected regulations. 2. That modifications as proposed are necessary to effectively process condominium permits. 3. An Environmental Impact Assessment has been performed, and a Negative Declaration issued for the proposed project based on the following justification: a. The Zone Code Amendments are administrative and rela- tively minor in nature. b. The amendments will serve to clarify procedures and improve development standards as they relate to the Condominium Ordinance. c. Discretionary review, including environmental analysis is required and will take place on a project by project basis. Attachments Exhibit A dated July 18, 1979, draft ordinance Memo from James C. Hagaman, dated February 21, 1979 BP: jd 7/18/79 -4- EXHIB A JULY 18, 1979 AMENDMENT TO CONDOMINIUM REGULATIONS ZCA-109 Section 1 21.47.030 Condominium Permit Application. (c) 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. Approval of both a subdivision map and a condominium permit is required in order to proceed with development of a condominium. If a subdivision map has previously been recorded on the lot permitting the use of the property for condominium development, a tentative map is not required, provided that the proposed condo- minium is consistent with the previously filed tentative map. How ever, a condominium permit processed according to this chapter is required. Section 2 21.47.050 Transmittal to the planning commission. The planning director shall transmit the application for a condo- minium permit, together with his recommendation thereon, to the planning commission for public hearing when all necessary reports and processing have been completed. When an application is rela- tive to another discretionary permit, it may be considered by the planning commission concurrent with their consideration of such discretionary permit. ¥he-pia»»iRg-di3?eefcej?-9ha3:l-ne%iiy-the Notice of the public hearing shall be given as provided in Section 21.54.060(1) of this Code. Section 3 21.47.060 Planning commission report. The planning commis- sion shall consider the application for condominiums and shall prepare a report and recommendation for the city council. This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the City Council. Section 4 21.47.130 Development Standards (1) Setbacks. Special building setbacks or yard requirements from private streets, private driveways and open parking areas are required as follows: (A) Set backs from the right-of-way of a private street of at least ten feet for habitable buildings and five feet for all other structures is required. Parking structures with an entrance at approximate right angles to the private street shall maintain a minimum setback of twenty-five feet from a pedestrian walkway or curbline if a walkway does not exist, except the last 30 covered parking spaces served directly from a private street that is closed at one end need only be set back 5 feet. A private street is a driveway with a length greater than three hundred feet if closed at one end, or six hundred feet where access is provided at both ends, and serving thirty or more covered park- ing spaces, or serves the purpose of a public street as determined by the City Engineer. (B) Building setbacks from driveways shall not'be less than ten feet except garages entered directly from the driveway may either be set back five to seven feet or greater than twenty feet. Automatic door openers and inside opening doors may be required as a condition of approval if determined to be desirable to reduce traffic congestion and maximize safety. (C) Building setbacks from open parking areas shall not be less than five feet. Section 5 21.47.130 Development Standards (2) Parking (a) No change. (b) No change. (c) Credit may be given for on-street parking for parking spaces available on the public street directly in front and on the same side of the street as the project. An on-street parking space shall be at least twenty-four feet in length aRd-Ret for interior spaces and twenty feet in length for spaces at the end of a parking row. Furthermore, no parking space shall extend into any portion of a driveway opening. Section 6 21.47.130 Development Standards. (5) Refuse Area. Centralized refuse pickup areas shall be re- quired for development with five or more units unless condominium plans specifically show provisions for individual pickup. Central- ized refuse pickup areas shall be constructed of three and one-fourth inch Portland cement concrete floor, six inch high masonry walls and metal framed solid gate, unless adequate alternative materials are specifically approved as a part of the condominium permit. The centralized refuse area shall be accessible to refuse trucks, and not readily visible from a public street. The refuse area shall be designed to accommodate a three cubic yard container for every ten living units. Refuse areas in parking structures shall be permitted upon specific approval of the Public Works Administrator and the Fire Chief. Refuse areas so located need not be enclosed with walls and gates. However trash containers placed in these refuse areas shall contain self-closing lids. -2- Section 7 21.47.130 Development Standards. (6) Storage Space. Separate storage space of at least four hundred eighty cubic feet in area shall be provided for each unit. This space shall be separately enclosed for each unit, meet building code requirements, and be conveniently accessible to the outdoors. The storage space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. Section 8 21.47.130 Development Standards. (A) No change. (8) Open Recreational Areas. No change. (B) The minimum of any lineal dimension of any of the areas shall be at least ten feet; except balconies used for open recreation may qualify provided the minimum of any lineal dimen- sion is six feet. (C) No change. (D) No change. (E) No change. (F) No change. Section 9 21.47.130 Development Standards. (9) Landscaping. For developments with five or more units a preliminary landscape and irrigation plan shall be submitted with the condominium application indicating plant type and irrigation design. Whenever possible, this plan shall include water con- servation measures and low maintenance landscaping. Section 10 21.47.130 Development Standards (11) Utilities. (A) Separate gas, and electric services shall be required for each unit, except common meters may be permitted if a finding is made that there are unusual circumstances or orientation to the use of the units such as short term rentals, or association with a hotel that would permit common meters without adverse effects on the nature and use of the units as residential condominiums. Meters may either be at the unit or in easily located clusters. (B) Separate water service shall be required for detached units and units that share a common wall (wall is not the combin- ation of floor and ceiling). Meters may either be at the unit or in easily located clusters. (C) Common water service is permitted for multi-storied building, this permitted common meter is required for each main multi-storied building. (D) Condominiums where the units have separate water meters shall also have a separate water meter for water servicing common landscape and recreation areas aa?e-3?ee[«i3?eeL (E) All distribution utilities shall be placed underground. Section 11 Modification to the Planned Unit Development Regulation. 21.45.020 Definition. A "planned unit development" is a project improved in accordance with a comprehensive planned overall development plan, defined as a planned development by Section 11003 of the Business and" Professions Code of the State of California and is characterized by the following: (1) The regulations of the zone regarding density or inten- sity 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 areas and recreational facilities provided on the site of the planned unit development shall be coupled with severalty interests of the owners of separately owned lots, parcels or areas, paeejeet. (3) Imaginative planning and design is used to relate the development to the site and the surrounding area by the modifica- tion of the requirements of the underlying zone to accommodate the project as approved. Section 12 Modification to the P-C Zone Regulations. 21.38.150 Undeveloped areas of existing planned communities. 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 one hundred acres shall be con- sidered lawfully nonconf orming. The development of such property shall require a planned unit development permit or a condominium permit issued whieh-ghali-be-aeeempiished in accordance with the provisions of Chapter 21.45, or Chapter 21.47, whichever chapter is applicable to the development. 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 be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall constitute the underlying zone for purposes of the planned unit development or condominium permit. (2) Properties of more than one hundred acres for which no master plan has been approved shall comply fully with the provisions of this chapter. (3) Properties of more than one hundred acres, with an approved master plan, shall require either a planned unit develop- ment or permits which shal be accomplished in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. The density and other provisions -4- of such plan shall constitute the underlying zone for the pur- poses of the planned unit development or condominium permits. The city council, by motion, or the property owner, by applica- tion, may initiate an amendment to the master plan to bring it into accord with the provisions of this chapter. If such amend- ment is approved, the development of such property shall be in accordance with this chapter. (4) Notwithstanding the provisions of this section, pro- perty with an approved specific plan adopted pursuant to P-C zone regulations in effect prior to the effective date of this chapter can be developed in accord with such specific plan without further processing as required in this chapter. -5-