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. . •
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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
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14 NOW, THEREFORE, BE IT HEREBY RESOLVED that the above
15 recitations are true and correct.
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STEPHEN M. L'HEUREUX, Chairman
18 CARLSBAD PLANNING COMMISSION
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ATTEST:
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22 JAMES C. HAGAMAN, Secretary
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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
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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.
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(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
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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.
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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.
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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.
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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
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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.
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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
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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.
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