HomeMy WebLinkAbout1982-06-29; City Council; 7034-1; Planned Development Ordinance ZCA-132h P
AB# 7034-1
MTG. 6/29/82
CA DEPT.
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TITLE:
PLANNED DEVELOPMENT ORDINANCE ZCA-132
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RECOMMENDED ACTION:
Introduce Ordinance No. 9b3 I .
ITEM EXPLANATION :
At its June 1, 1982 meeting the City Council directed the City Attorney to prepare documents approving ZCA-132, an amendment of the Municipal Code to provide for Planned Developments. The Council also directed that the documents include certain changes from the staff recommendation including; a requirement for recreational vehicle storage; modifications of the setback requirements and a variance procedure. Appropriate modifications, or additions, to Sections 21.45.090(d) (2) and 21.45.090(k) (3) have been made, and Section 21.45.230 establishes a variance
procedure.
With respect to Section 21.45.090(b) (l), which involves the
setback requirements, the Planning Department has prepared a staff report (attached) which requests additional Council consideration. The attached ordinance has been modified to incorporate the Planning Department's recommendation which is consistent with current practice. If the City Council is not satisfied with the ordinance it can be modified as the Council may direct.
EXHIBITS :
Ordinance No. 9 $3 I
Report from Planning Department dated June 29, 1982
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ORDINANCE NO. 9631
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER
21.45 AND THE DELETION OF CHAPTER 21.47 TO REVISE THE PROVISIONS FOR PLANNED UNIT DEVELOPMENTS AND CONDOMINIUMS AND CONDOMINIUM CONVERSIONS.
The City Council of the city of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, of the Carlsbad Municipal
Code is amended by the deletion of Chapter 21.47.
SECTION 2: That Title 21, of the Carlsbad Municipal Code
is amended by the amendment of Chapter 21.45 to read as follows:
"Chapter 2 1.45
PLANNED DEVELOPMENT
Sections :
21.45.010
21.45.020
21.45.030
21.45.040
21.45.050
21 . 45.060
21.45.070
21.45.080
21.45.090
21 . 45.100
21.45.110
21 . 45.120
21.45.130
21.45.140
21.45.150
21.45.160
21 . 45.170
21.45.180
21 . 45.190
21 -45.200
21.45.210
21.45.220
21.45.230
Intent and Purpose. Planned Development Permit. Permitted Uses. Application.
Transmittal to the Planning Commission. Planning Commission Action.
City Council Action. Design Criteria.
Development Standards.
Conversion of Existing Buildings
Developments.
Notice to Tenants of Existing Bu
to Planned
ldings Being
Converted to Planned Developments. Tenant Relocation Expenses. Expiration, Extension, Revisions. Approval of projects of four units or less by Planning Director. Cancellation of a Planned Development Permit. Amendments.
Final Map. Final Planned Development Permit . Certificate of Occupancy. Maintenance. Failure to Maintain. Restriction on Reapplication for a Planned Development Permit. Variance
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21.45.010 Intent and Purpose. The intent and purpose of
the Planned Development regulations are to:
(1) ensure that projects develop in accordance with the general plan and all applicable specific and master plans;
(2) allow flexibility in project design while providing for
essential development standards;
(3) encourage creatively designed projects using the concepts contained in the city's adopted design policy as contained in the Design Guidelines Manual.
(4) encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and
maintains and enhances significant natural resources;
(5) provide for projects which are compatible with surrounding developments; (6) ensure that the project's circulation system is
designed to be efficient and well integrated with the overall
city circulation system and which does not dominate the project;
(7) provide a method to approve separate ownership of units
within multiple-unit buildings or upon a parcel of land containing more than one unit;
(8) provide for a method to approve separate ownership of Planned Unit Development lots as defined herein;
(9) regulate the design and location of buildings in condo- minium subdivisions to insure that the quality of development is
reasonably consistent with other forms of development intended
for separate ownership;
condominiums provided such conversion meets the intent of this chapter and standards which apply to units constructed as condo- miniums.
(10) provide for conversion of existing developments to
21.45.020 Planned Development permit. A Planned
Development Permit shall apply to residential projects only. The City Council, Planning Commission or Planning Director, as provided in this chapter may approve a permit for a Planned Development in any residential zone or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. When approved, a Planned
Development permit shall become a part of the zoning regulations
applicable to the subject property.
The application for a Planned Development shall state whether the applicant intends to develop the project as a Planned Unit Development, Condominium Project, Stock Cooperative Project, or Community Apartment Project. For purposes of this chapter, a Planned Unit Development is defined by Section 11003 of the Business and Professions Code of the state, a condominium project is defined by Section 1350 of the Civil Code of the state, a stock cooperative project is defined by Section 1103.2 of the Business and Professions Code of the state and a community
apartment project is defined by Section 11004 of the Business and
Professions Code of the state.
21.45.030 Permitted uses. Any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted in a Planned Development. In addition, the Planning Commission or City Council may permit
attached multi-family units as part of a Planned Development in
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and single-fimily zone if they find that the units are developed
in a manner that is compatible with surrounding land uses, will not create a disruptive or adverse impact to the neighborhood and are consistent with the purpose and intent of the underlying zone.
21.45.040 Application. Application for a permit for a
Planned Development shall be made in accordance with the
procedures set- forth in this section:
(1) An application for a Planned Development permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application
shall be filed with the Planning Director upon forms provided by
him. The application shall state fully the reasons a Planned 9
Development is a proper method to develop the property and shall
be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Planning
Director;
(2) At the time of filing the application the applicant
shall pay a processing fee in an amount specified by City Council resolution; (3) The application shall be accompanied by a tentative map
which shall be filed with the Planning Director in accordance
with procedures set forth in Chapter 20.12 of this code. If the
project contains four or less lots or units, the application
shall be accompanied by a tentative parcel map which shall be
filed with the City Engineer in accordance with procedures set
forth in Chapter 20.24 of this code.
(4) If the applicant contemplates the construction of a
Planned Development in phases, the application shall so state and
shall include a proposed phasing schedule;
(5) If the applicant proposes to convert existing buildings
to a Planned Development, the plans shall reflect the existing
buildings and show all proposed changes and additions.
21.45.050 Transmittal to the Planning Commission. The Planning Director shall transinit the application for a Planned
Development, together with his recommendation thereon, to the Planning Commission for public hearing when all necessary reports
and processing have been completed. An application may be con- sidered by the Planning Commission concurrent with their consid- eration of any related discretionary permit.
21.45.060 Planning Commission action. The Planning Commission shall h old a public hearing on all Planned Development
permits. For all Planned Development permits with 50 or fewer
units or lots, the Planning Commission shall approve, conditionally approve or disapprove the permit. For all Planned Development permits with more than 50 units or lots, the Planning Commission shall prepare a report and recommendation for the City Council . The report shall include findings and recommendations on the matters set out in this chapter and shall be forwarded to the City Clerk who shall set the matter or public hearing before the City Council.
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21.45.070 City Council action. The City Council shall hold
a public hearing on a Planned Development permit for which the
Planning Commission has filed a report with the City Clerk. At tl
public hearing, the City Council shall review the Planning Commission's report, shall consider the matter and shall approve, conditionally approve or disapprove the permit.
21.45.071 Public Hearings. Whenever a public hearing is
required by this chapter, notice of the hearing shall be given as
provided in Chapters 21.52 and 21.54 of this code. When the hearing on a Planned Development permit is consolidated with the hearing on a tentative map under the provisions of Section
21.45.050 notice shall satisfy the requirements of both this chapter and Title 20 of this code.
21.45.072 Required Findings. (a) The Planning Commission or City Council shall approve or
(1) The granting of this permit will not adversely
conditionally approve a Planned Development permit only if it
finds that all of the following facts exist:
affect and will be consistent with this code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies.
(2) The proposed use at the particular location is nec-
essary and desirable to provide a service or facility which will
contribute to the general well-being of the neighborhood and the community;
safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the
vicinity;
minimum development standards set forth in Section 21.45.090;
(5) The proposed Planned Development meets all of the design criteria set forth in Section 21.45.080 and has been designed in accordance with the concepts contained in the Design
Guidelines Manual;
and blend in with the natural topography of the site;
nificant natural resources on the site;
development and does not create a disharmonious or disruptive element to the neighborhood;
designed to be efficient and well. integrated with the project and does not dominate the project.
Commission or City Council may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. Any development standards of the
underlying zone in which the property is situated including, yards, parking , coverage, signs, fences, and walls, may be modified by the Planning Commission or City Council as necessary to accomplish the purposes of this chapter.
(3) Such use will not be detrimental to the health,
(4) The proposed Planned Development meets all of the
(6) The proposed project is designed to be sensitive to
(7) The proposed project maintains and enhances sig-
(8) The proposed project is compatible with surrounding
(9) The proposed project's circulation system is
(b) In granting a Planned Development permit, the Planning
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21.45.073 Appeal of Planning Commission Decision. (a) The applicant, any resident of the subject property, in
the case of a proposed conversion of residential real property to
a Planned Development project, or any other interested person may
appeal, from any action of the Planning Commission, or from any
action of the Planning Director on projects processed in accordance with Section 21.45.140 with respect to a Planned Development permit, to the City Council.
Any such appeal shall be filed with the City Clerk within ten days after the action of the Planning Commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days
following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. (b) The decision of the City Council shall be consistent with the provisions of this chapter and shall be supported by
appropriate findings.
(c) If the City Council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied.
21.45.075 Design Guidelines Manual. The City Council shall
by resolution adopt a Desiqn Guidelines Manual. Said manual
shall contain diagrams and-text to establish basic design
elements which shall be incorporated into the project. These
design elements can be expanded and modified to fit the
particular needs of a site. The design guidelines shall also
demonstrate the flexibility which can be achieved by developing under the Planned Development Ordinance. No project which is
inconsistent with the design guidelines shall be approved.
21.45.080 Design Criteria. The Planned Development shall
(1) The overall plan shall be comprehensive, imaginative observe the following design criteria:
and innovative embracing land, buildings, landscaping and their
relationships as indicated in the Design Guidelines Manual, and
shall conform to adopted plans of all governmental agencies for the area in which the proposed development is located;
lation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the
parcel shall be well-integrated, orientated and related to the topographic and natural landscape features of the site, as indicated in the Design Guidelines Manual;
existing and planned surrounding land uses and with circulation
patterns on adjoining properties. It shall not constitute a
disruptive element to the neighborhood or community;
(4) The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a
disruptive influence on the activity and function of any common areas and facilities as indicated in the Design Guidelines Manual ;
(2) The plan shall provide for adequate open space, circu-
(3) The proposed development shall be compatible with
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21.45.090 Development Standards. In addition to the general
provisions of this title, the requirements of the underlying zones
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(5) Common areas and recreational facilities shall be located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided, as indicated in the Design Guidelines Manual;
the neighborhood and community shall be obtained so far as practicable.
(6) Architectural harmony within the development and within
and this chapter, a Planned Development shall comply with the following standards : (a) Density. The number of dwelling units in a Planned Development shall not exceed the density permitted by the underlying zone. The density regulations of the underlying zone
may be applied to the total area of the Planned Development
rather than separately to individual lots. In no cases shall the density be inconsistent with the General Plan. In cases where two or more General Plan land use designations fall within the boundaries of a Planned Development, the density may not be transferred from one General Plan designation to another.
(b) Setbacks.
(1) Front yard - the front yard setback shall be 20
feet, however, setbacks may be varied to a 15 foot average with a 10 foot minimum. Garages with entries that face directly onto a public or private street shall maintain a minimum setback of 20 feet. The front yard setback from a private driveway, as defined in subsection (h) may be reduced to five feet. Garages facing directly onto a private drivewy that have less than a 20 foot
setback shall be equipped with an automatic garage door opener.
of-way line in the case of a public street and from the edge of
the driveway, curb or sidewalk, whichever is closer, in the case of a private street or private driveway.
It is the intent of this section to provide substantial setback variation from a private or public street as shown in the
design manual and shall not be construed to allow a uniform 15
foot setback. The modifications in setback shall not be allowed where there is the potential for adverse traffic or visual impacts.
(2) Corner Lots - corner lots shall have a ten foot side yard setback from the side street; (3) All setbacks shall be measured from the property line, or in the case where individual property lines are not present, at the edge of the street curb or sidewalk, whichever
is closest to the structure subject to the setback requirement;
(4) The distance between structures shall not be less
than ten feet. Fireplace structures, cornices, eaves, belt courses, sills, buttresses and other similar architectural
features projecting from a building may intrude up to two feet
into this ten foot distance. Open balconies and eaves extending
from floors above the first floor may intrude into the setback
from driveways provided that such balconies do not extend over
the driveway. Intrusions into the required setback shall not be allowed if such intrusions inhibit traffic circulation, provision of safety, sanitary or other services, or are not compatible with
the design of the project.
The front yard setback shall be measured from the right-
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(c) Resident Parking. All units must have at least two full-sized residential parking spaces, one of which must be covered, except for studio units which shall be provided with a ratio of 1..5 parking spaces per unit, for which one space per
unit shall be covered. In cases where afractional parking space is required, the required number of spaces shall be rounded to
the nearest highest whole number. (d) Visitor Parking. (1) Visitor parking shall be provided as follows:
No. of Units Amount of Visitor Parking
10 dwelling units or less 1 space for each 2 dwelling units or fraction thereof.
Greater than 10 dwelling 5 spaces for the first 10 units. units, plus 1 space for each 4 dwelling units above 10 or fraction thereof .
Twenty percent of the visitor parking spaces may be provided as
tandem parking if the garages are setback at least 20 feet from tl front property line, or in the case where no individual property lines are present, then at least 20 feet from the edge of the strt
pavement or sidewalk, whichever is closest to the structure;
(2) Up to 40 percent of the visitor parking may be
provided as compact spaces (8 feet x 15 feet). This ratio shall t
increased to 45 percent on January 1, 1983, to 50 percent on January 1, 1984 and to 55 percent on January 1, 1985.
less than five feet.
consisting of five or more spaces shall be screened from adjacent
residences and public right-of-ways by either a view obscuring wall or landscaping subject to the approval of the Planning Director.
(e) Building setbacks from open parking areas shall not be
(f) Screening of Parking Areas. All open parking areas
(9) Usable Recreational Space. (1) Open space areas designed for recreational use shall he provided for all residential developments based on the
standards of either subsection (a) or (b) as follows:
(A) 200 square feet per unit or;
(B) Recreational space based on the following table:
Total Recreation Active Recreation
No. of Units Space per Unit Space per Unit
30 or less
31 to 50
51 to 100
100 or more
150 sq.ft. 150 sq.ft. 125 sq.ft. 125 sq.ft.
75 sq.ft.
50 sq.ft. 50 sq.ft. 25 sq.ft.
The active recreation space requirement shall be included in the total recreation space requirement.
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Active recreational facilities include, but are not limited to
the following: (i) SPR
(ii) Sauna (iii) Cabana (including restroom facilities)
(iv) Swimming Pool
(VI Tennis Court (vi) Shuffleboard Court
(vii) Racquetball Court
(viii) Recreation Room or Building with any two of
the following items: (aa) Card Room (bb) TV Room
(cc) Weight lifting/exercise room
(ad) Restrooms (ee) Lounging area (ff) Ping pong table (gg) Pool table (hh) Kitchen facilities
(ii) Wet bar
Other uses may be considered to be active facilities if approved by the Planning Commission.
The following items are considered passive recreational
facilities, but may be counted towards meeting one half the
active recreation facilities requirement if the Planning Commission finds that they are secondary to and adjacent to the active facilities. It is the intent of this section that such
passive facilities are an integral and compatible part of the
active facilities:
(i) Benches (ii) Barbeques (iii) Restrooms (iv) Sun decks (excluding lawn areas)
(VI Childrens play area (vi) Horse shoe pits
(2) The minimum lineal dimension of a usable open/recreational space shall be at least ten feet, except
balconies used for open recreation may qualify provided its
minimum lineal dimension is six feet.
(3) To count towards satisfying recreation requirements, private yards shall have a minimum dimension of 15 feet with a slope not greater than 15 percent.
(4) Credit for common indoor recreation facilities
shall not exceed SO percent of the required recreation area. (5) Credit for recreation requirements may be given on
an equal ratio up to 50 percent of the requirement for the preservation of areas, or other features deemed worthy of preservation by the Planning Commission or City Council.
any re uired front yard, unless the Planning Commission,or Cit Counc;? f+nds it to be an integrated feature of the project an8 that it will not create a disruptive element to the neighborhood.
(6) Required recreation areas shall not be situated in
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(7) Specifically excluded from meeting the usable open/recreational space requirement are driveways, parking areas, pedestrian walkways, landscaped areas within five feet of a
dwelling unit, storage area, fenced areas which are inaccessible
to residents, and any other areas deemed not to be primarily used for open/recreational purposes by the Planning Commission or City Council. (h) Streets.
(1) Private streets may be permitted within a planned
unit development provided their width and geometric design are
related to the function, topography and needs of the development,
and their structural design, pavement and construction comply with the requirement of the city's street improvement standards. The Planning Commission and City Council, shall determine the width of private streets which shall in no event be less than the
minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following:
Type of Street Minimum Width
2 lanes, no parking 26 feet 2 lanes, parking on one side 32 feet 2 lanes, parking on both sides 36 feet
(2) A private driveway is a private street serving 20 or less dwelling units. Private driveways may have a curb to curl width of 24 feet, however, no parking is allowed o,n the driveway.
vehicular sa'fety and sufficient to minimize security problems shall be provided.
each unit.
(i) Lighting. Lighting adequate for pedestrian and
(j) Utilities. There shall be separate utility systems for
(k) Recreational Vehicle Storage.
(1) Storage space to accommodate storage of recreationa: vehicles (e.g., trailers), may be provided by the developer. If the storage space is provided, it shall be located in specificall!
designated areas and made available for the exclusive use of the residents of the project. The storage shall be screened from vie\
by a view-obscuring fence, wall and/or landscaping as required by the Planning Commission;
prohibited in the front yard setback, on any public or private streets, or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project.
(3) Except for planned developments which are condo-
minium projects, stock cooperatives and community apartment projects, space to store campers, trailers, boats, etc., shall
be provided for planned developments containing five or more residential dwelling units. The storage space shall be located
in specifically designated areas and be made available for the
exclusive use of the residents of the development. These designated areas may serve more than one planned development provided there is sufficient space to meet minimum requirements for each planned development.
(2) The storage of recreational vehicles shall be
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The area provided for this storage space, exclusive of driveways and approaches, shall be at least equal to twenty square feet for each dwelling unit in the planned development.
The storage space shall be screened from view by a view-
obscuring fence, wall or landscaping.
The storage space may be offsite of the planned development provided the property to be used as storage is part of the application for the planned development permit and that no other development may occur on this property without an amendment to
such permit. The PlanningCommission or City Council must find
evidence that such offsite storage is suitable and not
detrimental to the surrounding properties of such storage area.
The storage requirement may be waived if the Planning Commission or City Council finds that the planned development provides that each lot will have satisfactory storage on the lot and such storage is compatible with the area. Such storage shall
be a minimum of two hundred square feet in area for each lot and
shall have access for vehicles. (1) Storage Space. Separate storage space of at least 480 cubic feet in area shall be provided for each unit. If all of the storage is provided in one area this requirement may be
reduced to 392 cubic feet. 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. (m) Refuse Areas. Centralized refuse pickup areas may be required for residential development with five or more dwelling units and for nonresidential development if deemed to be necessary by the Planning Commission or City Council.
(n) Antennas. No individual antennas shall be permitted. Each project shall have a master antenna or a cable television hookup.
(0) Planned Unit Development Lots. For Planned Unit Developments as defined herein, lots that do not meet the requirements of Title 20 of the underlying zone may be approved.
There are no size nor configuration standards for such lots
beyond those imposed as a part of the permit, but they shall be
reasonable as to intended use and relation to the project and the
surrounding area and shall meet the intent and purpose of this ordinance as stated herein.
21.45.100 Conversion of existina buildinas to Planned
Developments.
be processed in the same manner and meet all the standards
prescribed in this chapter for Planned Development. In addition,
the structure to be converted must meet present city building
regulations.
(b) An application for conversion of an existing structure to a Planned Development shall include building p!.ans indicating
how the building relates to present building and zoning regulations and where modifications will be required. Also, the
(a) Conversion of existing buildings to condominiums shall
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21.45.110 Notice to tenants of existing buildings being
converted to Planned Developments. In addition to all other required findings for a subdivision, the City Council shall find
that:
(1) Each of the tenants of the proposed condominum, planned
development, community apartment or stock cooperative project has
been or will be given one hundred eighty days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or ogligations
of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the
Civil Code; (2) Each of the tenants of the proposed condominium,
planned development, community apartment or stock cooperative
project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days fro9 the date of issuance of the subdivision public report pursuant to
Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right.
21.45.120 Tenant relocation expenses. The subdivider shall provide relocation assistance equal to one month's rent to any
residential tenant who relocates from the building to be
converted after receipt from the subdivider of the notification
required by Section 21.45, except when the tenant has given
notice of his intent to vacate prior to receipt of the notification from the subdivider. Relocation assistance shall be provided no later than fifteen days following the subdivider's receipt of notification from the tenant of the tenant's intent to
vacate unless other arrangements are made in writing between the
tenant and the subdivider.
21.45.130 Expiration, extension, revisions. The
expiration, extension or revision of a Planned Development of
five or more lots or units shall be governed by the provisions of Section 20.12.100, 20.12.100 and 20.12.120 of this code regardj.ng the expiration, extension or revision of a tentative map. The
expiration, extension or revision of a Planned Development or
four or less lots or units shall be governed by the provision of
Section 20.24.160, 20.24.180 and 20.24.080 of this code.
21.45.140 Approval of projects of four units or less by
Planning Director.
(a) Planned Developments with four or less units shall be approved in accordance with the provisions of this section.
(b) A site plan and elevations for such projects which'
include all design criteria and development standards as contained in this chapter shall be submitted to the Planning Director who may approve, conditionally approve or dlsapprove the
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permit. The Planning Director shall approve or conditionally
approve a permit if he makes all of the findings specified in Section 21.45.072. The Planning Director's decision may be appealed in accordance with the procedures of Section 21.45.073 of this chapter.
an application for a minor subdivision which shall be processed in accordance with the procedures of Chapter 20.24 of the code.
Approval of both site plan and a minor subdivision is required in
order to proceed with development of a Planned Development of four or less units.
(d) The Planning Director shall make a monthly report to the City Council of all planned development permits issued pursuant to this section.
(c) An application for a site plan shall be accompanied by
21.45.150 Cancellation of a Planned Development permit. A Planned Development permit may be cancelled at any time prior to
the commencement of construction. Cancellation may be initiated by the owner of the property covered by the permit by means of a written communication, signed by all interested parties, directed
to the Planning Director in the office of the Planning
Department. Said correspondence shall also include a request to
cancel the tentative map affecting the property. The Planning
Director shall inform the City Council of all such
communications. The permit shall become void one hundred twenty days after receipt of the communication in the office of the
Planning Department.
21.45.160 Amendments.
(a) Amendments to a Planned Development permit may be initiated by the property owner or authorized agent as follows:
the Planning Department in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment. When necessary the amendment shall be accompanied by an amendment to
the corresponding tentative map or tentative parcel map;
minor in nature, the additional graphics, statement or other information may be approved by the Planning Commission resolut.ion and made part of the original City Council approval without the necessity of a public hearing;
(3) A minor amendment shall nct change the densities or
the boundaries of the subject property, or involve an addition of
a new use or group of uses not shown on the original permit or the rearrangement of uses within the development, or changes of greater than ten percent in approved yards, coverage, height,
open space or landscaping, provided no changes shall be less than required by this chapter. If the Planning Commission determines that the amendment is not minor or that a hearing is otherwise
necessary, it shall set the matter for public hearing;
shall submit a completed application with graphics, statements, or other information as may be required to support the proposed
modification;
(1) A request for an amendment shall be submitted to
(2) If the Planning Commission considers the amendment
(4) If a public hearing is required, the applicant
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(5) A fee as specified by City Council resolution is
(6) An application for an amendment of a Planned
required for all property within the portion of the Planned Development to be amended.
Development permit for which a hearing is required shall be pro- cessed, heard and determined in accordance with the provisions of this chapter applicable to the adoption of a Planned Development
permit; (b) The City Council may by motion initiate an amendment to a Planned Development permit. Such amendment shall be processed,
heard and determined in accordance with the terms of this chapter
applicable to the adoption of a Planned Development permit.
21.45.170 ,Final Map. Building permits for construction wit1 the proposed Planned Development shall not be issued until a fina: subdivision map has been recorded for the project. A final map
which deviates from the conditions imposed by the permit shall no{ be approved. A maximum of six model home units may be constructec
in a complex if approved as a part of the Planned Development per1 prior to recordation of the final map provided that adequate provisions acceptable to the Planning Director and City Attorney i
made guaranteeing removal of such complex if the final map is not
recorded .
21.45.180 Final Planned Development plan. (a) Building permits for construction within the proposed Planned Development shall not be issued until the applicant has filed and secured approval of a final Planned Development plan; (b) The final Planned Development plan shall be submitted to the Planning Director prior to the expiration of the tentative map or tentative parcel map including within the period of time
of any extensions on the map. The plan shall reflect all required revisions and refinements. The final Planned Development plan shall include:
sewerage and drainage systems, walkways, fire hydrants, parking
areas and storage areas. The plan shall include any offsite work
necessary for proper access, or for the proper operation of water, sewerage or drainage system;
(1) Improvement plans for private streets, water,
(2) A final grading plan; (3) Final elevation plans;
(4) A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system
plans showing location, dimensions and types; and
(c) Where a Planned Development contains any land or
improvements proposed to be held in common ownership, the
applicant shall submit a declaration of cmenants, conditions and
restrictions with the final Planned Development plan. Such
declaration shall set forth provisions for maintenance of all
common areas, payment of taxes and all other privileges and
responsibilities of the common ownership and shall be reviewed by
and subject to approval by the Planning Director and City
Attorney.
(d) A final Planned Development plan may be submitted for a portion of the development provided the City Council approved the construction phases as part of the permit and subdivision map
(5) A plan for lighting of streets, driveway, parking
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approval. The plan for the first portion must be submitted
within the time limits of this section. Subsequent units may be
submitted at later dates in accord with the approved phasing schedule. (e) The Planning Director shall review the plan for conformity to the requirements of this chapter and the Planned Development permit. If he finds the plan to be in substantial
conformance with all such requirements, he shall approve the
plan.
21.45.190 Certification of occupancy. A certification of occupancy shall not be issued for any structure in a Planned
Development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, Planning Director and the Director of Building and Housing.
21.45.200 Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening,
sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and
maintenance of all such improvements prior to the issuance of building permits.
21.45.210 Failure to maintain. (a) All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and
a public nuisance endangering the health, safety and general
welfare of the public and a detriment to the surrounding community;
abatement, removal and enjoinment of such public nuisance, the City Engineer may, after giving notice, cause the necessary work of maintenance or repair to be done. The costs thereof shall be assessed against the owner or owners of the project; (c) The notice shall be in writing and mailed to all
persons whose names appear on the last equalized assessment roll
as owners of real property within the project at the address shown on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The City Engineer shall also cause at least one copy of such notice to be posted in a
conspicuous place on the premises. No assessment shall be held
invalid for failure to post or mail or correctly address any
notice;
to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the city shall cause such work to be done, in which case the cost and expense of
such work, including incidental expenses incurred by the city,
will be assessed against the property or against each separate lot and become a lien upon such property;
(b) In addition to any other remedy provided by law for the
(a) The notice shall particularly specify the work required
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(e) If upon the expiration of the five-day period provided
for in subsection (a), the work has not been done, or having been commenced, is not being performed with diligence, the City Engineer shall. proceed to do such work or cause such work to be done. Upon- completion of such work, the City Engineer shall file
a written report with the City Council setting forth the fact
that the work has been completed and the cost thereof, together with a legal description of the property against, which cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against which the cost is to be
assessed. The City Council shall thereupon fix a time and place
for hearing protests against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the
Council, shall thereafter give notice in writing to the owners of
the project in the manner provided in subsection (c) of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed
assessment;
(f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there by any, and then proceed to
confirm, modify or reject the assessments;
Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall cause to be filed in
the Office of the County Recorder of the County a notice of lien,
substantially in the following form:
(9) A list of assessments as finally confirmed by the City
"NOTICE OF LIEN
"Pursuant to Chapter 21.45, Title 21, of the Carlsbad Municipal Code (Ordinance No. ), the city of Carlsbad did
on the
and report work to be done in the Planned Development project known as which was constructed
under Planned DevD , for the
purpose of abating a public nuisance and en€orcing compliance with the terms of said permit, and the Council of the City of Carlsbad did on the day of I 19- , by its
Resolution No. assess the cost or portion of the cost
thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the city of Carlsbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this
instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the city of Carlsbad, County of San Diego, State of California, County of San
Diego, State of California, particularly described as follows:
day of r 19 , cause maintenance -
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(Description of property)
“Dated this day of I 19 .
City Clerk, City of n
Carlsbad.
(H) From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on
the property against which the assessment is made, and such
assessment shall bear interest at the maximum rate allowed by law
until paid in full. The lien shall continue until the amount of
the assessment and all interest thereon has been paid. The lien
shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but
shall have priority over all contractual liens and all fixed
special assessment liens which may thereafter be created against
the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereof.
21.45.220 Restriction on reapplication for a Planned
Development permit. No application for a Planned Development permit on the same property or essentially the same property for
which a permit has been denied by the City Council shall be
accepted within twelve months of such denial. This provision may be waived by the affirmative vote of a majority of the City
Council.
21.45.230 Variance. When, because of unique conditions
existlng on particular property, application of the development
standards contained in this chapter to such property would be
infeasible and would prevent development of an otherwise
acceptable project, the applicant may request a variance from the standard or standards. Such request shall be processed according to the provisions of Chapter 21.50 of this code, provided, however, that if the planned development permit is required to be finally approved by the City Council, the City Council shall also finally decide on the variance.
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 is‘
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of ?
1982, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of 8 1982, by the
following vote, to wit:
AYES:
' NOES:
ABSENT :
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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STAFF REPORT
DATE : June 29, 1982
TO : City Council
FROM: Planning Department &
SUJ3JECT: PLANNED DEVELOPMENT ORDINANCE - ZCA-132
The City Council, at its June 1, 1982 meeting, considered the Planned Development Ordinance and directed the City Attorney to prepare documents approving ZCA-132. The Council made three changes to the staff recommendation: 1) provided a variance procedure for properties having unique conditions; 2) provided a
mandatory requirement for recreational vehicle parking, and 3)
modified the front setback requirement.
A variance section has been added to the ordinance under Section
21.45.230 which implements the first Council directive. Also, Section 21.45.090(k)(3) (Recreational Vehicle Storage) has been modified and requires 20 square feet of recreational vehicle space per unit for projects containing five or more dwelling units. Staff believes that this requirement will satisfactorily meet the needs for recreational vehicle parking in planned developments.
The final change made by the Council was the modification of the
frontyard setback requirement. The Council stated that a variable front yard setback could be allowed down to a 10' minimum if a 15' average is maintained and if all garages which front onto public or private streets maintain a 20' minimum setback. In working with the City Attorney's Office to prepare approval documents, the Planning staff realized that,during their
discussion, the Council made no distinction between project types when considering the 20' setback for front entry garages. Staff believes that a 20' garage setback indiscriminately applied to smaller projects and multi-family type condominium projects may create some design problems. Specifically, design problems would be created for condominium projects which normally provide a 5' setback off a 24' wide private driveway. This setback has been accepted by the City Council for condominiums in the past and no problems have resulted. Similar design problems could be created for smaller planned unit development projects as well.
Staff would recommend that Section 21.45.090 regarding front setbacks be modified to allow a 5' setback for structures and garages that front onto a private driveway.* This would allow a
5' setback from a private driveway that serves 20 units or less. Staff would recommend that this standard apply to all planned
development projects.
Staff is fully aware of the Council's concern with allowing a 5'
garage setback for garages on highly traveled streets and for single family detached projects. Staff believes that the Ordinance, along with the Design Guidelines Manual, contains adequate safeguards to ensure that garage setbacks of 5' would not be approved unless it was found that no adverse traffic or visual impacts would be created.
At the City Council meeting, staff will graphically present various situations where this requirement would apply.
* A private driveway is defined in Section 21.45.090(h)(2) as being a private street serving 20 or less dwelling units.
BH:ar
6/23/82
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