HomeMy WebLinkAbout1979-09-18; City Council; 5726-3; Amendments to Condominium OrdinanceCITY OF CARLSBAD
AGENDA BILL NO. 5726-Supplement #3 Initial:
Dept.Hd,
DATE:__ September 18, 1979 c< Atty WIT
DEPARTMENT: City Attorney C. Mgr.
Subject:
AMENDMENTS TO CONDOMINIUM ORDINANCE - ZCA 109
the Matter
The City Council, at your September 4, 1979 meeting,
directed the City Attorney to prepare the necessary
documents amending Title 21, Chapters 21.38, 21.45 and
21.47 of the Carlsbad Municipal Code by the amendment
of various sections to revise the regulations for
condominiums. An ordinance adopting ZCA-109 is attached.
Exhibit
Ordinance No.
Recommendation
If the City Council^concurs, your action is to introduce
Ordinance No. ~ " ~
Council Action:
9-18-79 Council introduced Ordinance No. 9535, amending the Municipal
Code to revise the regulations for condominiums.
10-2-79 Council adopted Ordinance No. 9535.
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ORDINANCE NO. 9535
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, CHAPTERS 21.38, 21.45 AND
21.47 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF VARIOUS SECTIONS
TO REVISE THE REGULATIONS FOR CONDOMINIUMS.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.38 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.38.150
to read as follows:
"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
considered lawfully nonconforming. 'The development of such
property shall require a planned unit development permit or a
condominium permit issued 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 develop-
ment 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
development or permits which shall be accomplished in accord-
ance with the provisions of Chapter 21.45 or Chapter 21.47,
whichever chapter is applicable to the development. The
density and other provisions of such plan shall constitute the
underlying zone for the purposes of the planned unit development
or condominium permits. The City Council, by motion, or the
property owner, by application, may initiate an amendment to the
master plan to bring it into accord with the provisions of this
chapter. 'If such amendment is approved, the development of
such property shall be in accordance with this chapter.
(4) Notwithstanding the provisions of this section,
property with an approved specific plan adopted pursuant to
P-C zone regulations in effect prior to the effective date of
this chapter can be developed in accord with such specific plan
without further processing as required in this chapter."
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SECTION 2: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.45.020
to read as follows:
"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
intensity 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.
(3) Imaginative planning and design is used to relate the
development to the site and the surrounding area by the
modification of the requirements of the underlying zone to
accommodate the project as approved. "
SECTION 3: That Title 21, Chapter 21.47, Section 21.47.030
of the Qarlsbad Municipal Code is amended by the addition to
Subsection (c) of the following language:
"If a subdivision map has previously been recorded on the
lot permitting the use of the property for condominium develop-
ment, a tentative map is not required, provided that the
proposed condominium is consistent with the previously filed
tentative map. However, a condominium permit processed
according to this chapter is required."
SECTION 4: That Title 21, Chapter 21.47 of the Carlsbad
Municipal Code is amended by the amendment of Sections 21.47.050
and 21.47.060 to read as follows:
"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 relative 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.
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21.47.060 Planning Commission report. The Planning
Commission 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 5: That Title 21, Chapter 21.47, Section 21.47.130
of the Carlsbad Municipal Code is amended by the amendment
of Subsections (1)(A), (2)(C), (5), (6), (8)(B) and (11) to
read as follows:
11 (1) (A) Setbacks 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."
"(2)(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
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."
"(5) Refuse area. Centralized refuse pickup areas shall
be required for development with five or more units unless
condominium plans specifically show provisions for individual
pickup. Centralized refuse pickup areas shall be constructed
of three and one-fourth inch Portland cement concrete floor,
six foot 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."
"(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
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parking stall. This requirement is in addition to closets and
other indoor storage areas that are normally part of a
residential dwelling unit."
"(8)(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
dimension is six feet."
"(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 conservation measures and low maintenance landscaping,"
"(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 combination 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.
(E) All distribution utilities shall be placed
underground."
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 18th day of September /
1979 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 2nd day of October , 1979 by the
following vote, to wit:
AYES: Councilmen Anear, Lewis and Councilwoman Casler
NOES: None
ABSENT: Councilman Skotni
ABSTAIN: Councilman Packard
DONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clafek
(SEAL)
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