HomeMy WebLinkAbout1982-07-06; City Council; 7034-2; Planned Development Ordinanced
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AB# 7034-2
MTG. 7/6/82
CA DEPT.
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TITLE:
PLANNED DEVEIOPMENT ORDlIWKZ ZCA-132
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CII 9- )F CARLSBAD - AGENDI. JILL
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CITY MGR..%
RECOMMENDED ACTION:
Introduce Ordinance No. y&d\ .
ITEM EXPLANATION:
The City Council, at your meeting of June 29, 1982, directed the
City Attorney to prepare the necessary documents approving ZCA-132, an amendment of the Municipal Code to provide for Planned
Developments.
The document is attached, and if the City Council concurs your
action is to introduce Ordinance No. 9b3/ .
EXHIBIT:
Ordinance No. 963/ , granting ZCA-132.
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ORDINANCE NO. 9631
I_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE
CARLSBAD MUNICIPAL CODE BY THE ANENDMENT OF CHAPTER
21.45 ANI) THE DELETION OF CI-IAPTER 21.47 TO REVISE
THE PROVISIONS FOR PLAPJNED UNIT DEVELOPMENTS AND
CONDOMINIUMS AND CONDOMiNIUM CONVERSIONS.
The City Council of the ciky of Carlshad, California,
does ordain as follows:
SECT1014 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:
"ChaDter 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
25 -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
2 1.45.200
21.45.210
21.45.220
2 1 . 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 to Planned Developments. Notice to Tenants of Existing Buildings 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. Amendrne n t s . Final Map.
Final Planned Development Permit. Certificate of Occupancy. Maintenance. Failure to Maintain. Restriction on Reapplication for a Planned
Development Permit.
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21.45.01 0 Intent and Purpose. The intent and purpose of
the Planned Development regulations are to:
(1) ensure that projects develop in accordance with the
(2) allow flexibility in project design while providing for
(3) encourage creatively designed projects using the
general plan and all applicable specific and master plans;
essential development standards;
concepts contained in the city's adopted design policy as
contained in the Design Guidelines Manual.
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 he 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 consis tent with other forms of devel.opment intended for separate ownership;
condominiums provided such conversion meets the intent of this chapter and standards which apply to units constructed as condo-
miniums.
(4) encourage development which is sensitive to the natural
(10) provide for conversion of existing developments to
21.45.020 Planned Development permit. A Planned Develrpmeizt 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 def'ined 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 &onditional- use permitted in the underlying zone is permitted in a Planned Development. In addition, the Planning Commission or City Council may permit
attached multi-finmily 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:
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 1 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.
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.
(1) An application for a Planned Development permit may be
(4) If the applicant contemplates the construction of a
21.45.050 Transmittal to the Planninq Commission. The
Plann?ng Director shall transmit 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 nay 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 th
public hearing, the City Council shall review the Planning Commission's report, shzll consider the matter and shall approve, conditionally approve or disapprove the permit.
21 A5.071 Public Hearinqs. Whenever a public hearing is required by this chapter, not15e 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.
21.45.032 Required Findings. --_c__ Ta) The Planning Conrnission or City Coiincil 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 wesfare oE 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 Flanned 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; (6) The proposed project is designed to be sensitive to and blend in with the natural topography of the site;
(7) The proposed project maintains and enhances sig-
nificant natural resources on the site;
(8) The proposed project is compatible with surrounding 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 riot dominate the project.
Cornmission or City Council may modify the plan or impose such
conditiuns 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, nay 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
(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.
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.
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.
Any such appeal shall be filed with the City Clerk within
(b) The decision of the City Council shall be consistent
21.45.075 Design Guidelines Manual. The City Council shall --5--- - by resolution adopt a Design 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 projzct 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 €or adequate open space, circu-
(3) The proposed development shall be compatible with
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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
21.45.090 Development Standards. In addition to the genera:
provisions of miFle, the requirements of the underlying zone$ 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 inconristent 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 driveway 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 a fractional parking spa
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
10 dwelling units or less
Greater than 10 dwelling
units.
- Amount of Visitor Parkincj
1 space for each 2 dwelling
units or fraction thereof.
5 spaces for the first 10
units, plus 1 space for each
4 dwelling units above 10 or fraction thereof.
Twenty percent of the visitor p rking spaces may be provided as tafidem parking if the garages are setback at least 2n feet from tl
front property line, or in the case where no individua: property
lines are present, then at least 20 feet from the edyc f the strc paveinent 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 I 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 be 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.
125 sq.ft.
150 sq.ft.
125 sq.ft.
75 sq.ft.
50 sq.ft.
50 sq.ft.
25 sy.ft.
The active recreation space requirement shall be included in the
totcll recreation space requirement.
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Active recreational facilities include, but
the following:
(i) Spa (ii) Sauna
are not limited to
(iii) Cabana (including res,room facilities)
(iv) Swimming Pool (v) 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 he considered to be active facilities if approved
by the Planning Commission.
The following items are considered passive recreational
facilities, but may he 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) Bench e s
( i i ) Barbeques (iii) Restrooms (iv) Sun decks (excluding lawn areas)
(VI Childrens play area
(vi) Norse 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.
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 50 percent of the required recreation area.
(5) Credit for recreation requirements may be given on i equal ratio up to SO percent of the requirement for the preserva-
tion of significant natural areas, or other features deemed worth1 of preservation by the Planning Commission or City Council.
any required front yard, unless the Planning Commission or Cit Council finds it to be an integrated feature of the project 813 that It will not create a disruptive element to the neighborhood.
(3) To count towards satisfying recreation
(6) Required recreation areas shall not be situated in
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(7) Specifica1l.y 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.
individual lots with a minimum lot area of 7,500 square feet
shall not be required to provide common recreational facilities.
(1) Private streets may be permitted within a planned
(8) Projects which have residential units located on
(h) Streets.
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:
Minimum Width Type of Street - I
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 curt width of 24 feet, however, no parking is allowed on the driveway.
vehicular safety and sufficient to minimize security problems
shall be provided.
each unit.
(i) Liqhtiny. Lighting adequate for pedestrian and
(j) Utilities. There shall be separate utility systems for
(k) Recreationel. Vehicle Storage,
(1) Except for planned developments which are condo-
minium projects, stock cooperatives and community apartinent
projects, space to store campers, trailers, boats, etc., may be required by the Cityfor 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,
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. However, not less than 200 square feet shall be provided.
The storage space shall be screened from view by a view-
obscuring fence, wall or landscaping.
The storaqe 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
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development may occur on this property without an amendment to
such permit. The PlanningComrnission or City Council. must find
evidence that such offsite storage is suitable and not
detrimental to the surrounding properties of such storage area.
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.
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.
Storage shall not be required if the Planning Commission or
(2) The storage of recreational vehicles shall be ’
(1) Storage Space. Separate storage space of at least 480 cubic feetmrTa-- be provided fcr each unit. If all of thc
storage for each unit is pro;ided in one area this requirement mal
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 psrt 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.
Each project shall have a master antenna or a cable television hookup.
(0) Planned Unit Development Lots. For Planned Unit Development-s as decined 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.
(n) Antennas. No individual antennas shall be permitted.
_I-
21.45.100 Conversion of existing buildings to Planned I - Developments. (a) Conversion of existing buildings to a planned
development which is a condominium, community apartment or stock cooperative shall 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 plans indicating how the building relates to present building and zoning
regulations and where modifications will be required. Also, the
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application shall include i? letter from San Dieqo Gas and Electric explaining that the plans to connect the gas and electric system to separate systems is acceptable.
stock cooperative shall be approved, conditionally approved or disapproved within one hundred twenty days following receipt of
a completed application.
(c) An zpplication to convert an existing building to a
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21.45.110 Notice to tenants of existing buildings being
converted to Planned Dcvelopments. In addition to all other required EindTngs 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 tenit cy due to the conversion or proposed conversion. The provision., 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;
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 OK terms more favorable to the tenant. The
right shall run for a period of not less than ninety days from
the date of issuance of the subdivision public report pursuant to
Section 11 01 8.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to
exercise the right.
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(2) Each of the tenants of the proposed condominium,
21.45,120 Tenant relocation expenses. The subdivider shall
II(_ provi%e 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 frGm 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 tenznt and the subdivider.
21.45.130 Expiration, extension, revisions. Th.e
expirxion, 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 regarding 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 -- - Planninq Director.
-Developments with four or less units shall b~ approved in accordance with the provisions of this section.
(b) A site plan arid 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 disapproire the
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permit. The Planning Director shall approve or conditionally approve a permit if he malees all of the findings specified in
Section 21.45.072. The Planning Director’s decision may he
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
PlannGd Devgiopment pernit 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 Depnrtnient .
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21.45.160 Pmendments.
(a) Afnlendments to a Planned Development permit may be w__y”
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 resolution and made part of the original City Council approval without the necessity of a public hearing;
(3) A minor amendment shall not 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
mod if icat ion;
(1) A request for an amendment shall be submitted to
(2) If the Planning Commission considers the amendment
(4) If a publ.ic 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 p’roboscd 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 noi
be approved. A maximum of six model home units may be constructcc
in a complex if approved as a part of the Planned Development perr
prior to recordation of tb.e 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.
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21.45.180 Final Planned Development p3.an.
(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 tG the expiration of the tentative niap 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, walltways, fire hydrants, parking areas arid 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
improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, 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
At toriiey .
(d) A final Planned Development plan may be submitted for a portion of the development provided the City Council approved the construction phnscs as part of the permit and subdivision map
(5) A plan for lighting of streets, driveway, parking (c) Where a Planned Development contains any land or
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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 occupXncy shall not be issued for any structure in a Planned
Development until all improvements required by the permit have been completed to the sati.sfaction 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 common1.y owned larid, 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 dili-gently 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 OK against each separate lot and become a lien upon such property;
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(b) In addition to ar,y other remedy provided by law for the
(d) 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 (d), the work has not been done, or having been comwnced, 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 asscssxlent 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 assessmnt ;
the City Cotincil shall hear and consider the City Engineer's report and all protests, if there by any, and then proceed to conzirm, 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:
(f) Upon the date and hour set for the hearing of protests,
/g) A list of assessments as finally confirmed by the City
"NOTICE 02' LTEN
"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 '&e Planned Development project known as
under Planned Development Permit 240. , 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 GE portior. 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 khereon 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 rea3 property hcreinbefoce 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 Dicgo, State of California, particularly described as follows:
day of I 19 , cause maintenance --
which was constructed -.
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(Description of property)
“Dated this day of I 19 *
City Clerk, City of I?
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 assessnient items previously imposed upon the same prop‘rty, but shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against
the property. Fr0rt-1 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 reaplication €or a Planned
___I_ Devel=Eent ocrmit. No axmlycation fcr a FTanned Develooment LL A. permit on the sane property or essentially the same property €or which a permit has been denied by the City Council shall be
accepted within twelve months of such deniai. 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
existing 011 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.
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EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoptj.on 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
I Ca-rlsbad City Council held on the 6th day of JAY -
1982, and thereafter
PASSED
Council helc
AND ADOPTED at a regular meeting of
on the 20th day of July -4 P
said City
982, by the
following vote, to wit:
AYES : Counci1. b-ers Cask, Lewis, Kulchin and Chick
NOES: Council tkaber Anear
ABSENT: None
- MARY E. .CASLER, Mayor
ATTEST :
(SEAL)
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c NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY GIVEN that the Planning Commission of the city of
Carl-sbad will hold a public hearing at the City Counci.1 Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M. on Wednesday, March 11, 1981, to consider approval of zone code amendments to the
Planned Unit Development Ordinance and Condominium Ordinance.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591.
CASE FILE: ZCA-132
APPLICANT: CITY OF CARLSBAD
PUBLISH : FEBRUARY 28, 1981
CITY OF CARLSBAD PLANNING COMMISSION
PUNN I NC CONSULTANTS ENGINEERING COMPANY 1 AND CIVIL ENGINEERS
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREACODE714 729-4987
June 29, 1982
Carlsbad City Council City of Carlsbad
Carlsbad, California 92008
RE: PLANNED DEVELOPMENT ORDINANCE AGENDA ITEM NO. 13
Dear Council Members:
Tonight you will be considering adopting the Planned Develop-
ment Ordinance as presented to you by the staff and Planning
Commission. At your last public hearing, on June I, 1982, the Council directed the staff to look at a number of changes. These changes involved a proposed variance procedure, mandatory requirements for recreational vehicle parking and modified front setback requirements.
I would like you to reconsider your thinking on the recreational
vehicle parking and the setback requirements. First the RV parking.
I think the Committee's feelings were really not expressed in
detail at the previous public hearing. I think the Committee's
feelings came across as trying to discourage or eliminate RV park-
ing. The Committee felt there was a need for RV parking, but
did not feel it needed to be a mandatory requirement. They were
very specific, though, that RVs could not be parked in public
streets or in areas easily visible from the development. I
would like to request that you reconsider deleting the requirement
for RV parking and make it an optional item. I would further
like to request that RV parking be specifically not allowed in any front or side yard building setbacks. I think this area needs to be kept clear for emergency and safety provisions.
The second item I would like your reconsideration on would he
modifications to frontyard setbacks. I would agree with the staff's position in tonights staff report.
Thank you for your consideration on these items.
Sincerely,
RCL : ps Robert C. Ladwig
RONALD E. NULL
ATTORNEY AT LAW
2124 EL CAmmo REAL
STE. 100 LAW OFFICES OCEANSIDE, CA 92054
HIQQS. FI,T(TCHER AND MACK I’ELRPAONE (714) 439-4710