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HomeMy WebLinkAbout1983-05-03; City Council; 7370; Create Non-residential planned development\B# 73 70 ZONE CODE AMENDMENT TO CREATE THE ATG. 5/3/83 NON-RESIDENTIAL PLANNED DEVELOPMENT ORDINANCE EPT. PLN ZCA-162 - CITY OF CARLSBAD ITEM EXPLANATION: cl~y CllYMG% % This item is an amendment to the Zoning Ordinance creating the Non-Residential Planned Development Ordinance. This ordinance would provide a mechanism .to permit non-residential condominiums, condominium conversions, stock cooperatives and planned unit developments. These development types would be permitted in all commercial, professional and industrial zones. This ordinance is proposed in response to requests from developers to build office and commercial condominiums. The development standards of the underlying zone would apply to all non-residential planned developments. Two exceptions to this are: 1) the minimum lot size may be reduced to allow planned unit development lots, and 2) the approving authority (Land Use Planning Manager, Planning Commission or City Council) may modify a plan or impose additional conditions to protect the public health, safety and general welfare. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated March 28, 1983, which was approved by the Planning Commission on April 13, 1983. FISCAL IMPACTS: Approval of this Zone Code Amendment will not create any fiscal impacts to the city. EXHIBITS: c 1. 2. Planning Commission Resolution No. 2102 3. Staff Report, dated April 13, 1983 City Council Ordinance No. .96gS- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" March 15, 1983 ZCA-162 ORDINANCE NO. 9685 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.47 TO PROVIDE FOR NON- RESIDENTIAL PLANNED DEVELOPMENTS. The City Council of the City of Carlsbad, California does xdain as follows: SECTION 1: That Title 21, of the Carlsbad Municipal Code is amended by the addition of Chapter 21.47. Chapter 21.47 Non-Residential Planned Developments Sections: 21 -47.010 21.47.020 21.47.030 21.47.040 21.47.050 21.47.060 21.47.070 21.. 47 . 071 21.47.072 21.47.073 21.47.080 21.47.090 21.47.100 21.47.110 21 .47.120 21.47.130 21.47.140 21.47.150 21.47.160 21 . 47.170 Intent and Purpose Non-Residential Planned Development Permit Permitted Uses App 1 i cat ion Transmittal to Planning Commission Planning Cornmission Action City Council Action Public Hearings Required Findings Appeal of Planning Commission Decision Development Standards Conversion of Existing Buildings to Non- Residential Planned Developments Expiration, Extension, Revisions Approval of Projects of Four Units or Less Land Use Planning Manager Cancellation of a Non-Residential planned development Permit Amendments Final Map Certification of Occupancy Maintenance Restriction on Reapplication for a Non- Residential Planned Development Permit 21.47.010 Intent and Purpose. The intent and purpose of :he non-residential planned development regulations are to: . (1) Ensure that non-residential projects develop in 3ccordance with the general plan and all applicable specific and Raster plans; (2) Provide for non-residential projects which are 2ompatible with surrounding developments: (3) Provide a method to approve separate ownership of inits within multiple-unit buildings or upon a parcel of land iontaining more than one unit; 2 1 2 z 4 F CI E 7 E s 1c 11 12 12 14 1E 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) Provide for a method to approve separate ownership of Planned Unit Development lots defined herein; (5) Provide for conversion of existing developments to condominiums provided such conversion meets the intent of this chapter and comply with the requirements of the underlying zone. 21.47.020 Non-Residential - ----___ Planned Development Permit. Th -- - City Council. Planning Commission or Land Use Planning Manager, as provided in this chapter may approve a permit for a non- residentia planned development in any industrial, commercial or office zone or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter. The application for a non-residential planned development shall state whether the applicant intends to develop the project as a Planned Unit Development, Condominium Project or Stock Cooperative Project. For purposes of this chapter, a Planned Unit Development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 1350 of the Civil Code of the state. 21.47.030 Permitted I---- Uses. ' Any principle use, accessory use, transitional use or conditional use permitted in the underlyin zone is permitted in a non-residential planned development. -- 21.47.040 --- 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 non-residential planned developmen 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 Land Use Planning Manager upon forms provided by him- The application shall state fully the reasons a non-residential planned 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 Land Use Planning Manager; (2) At the time of filing the application the applicant shall pay a processing fee in an amount specified by City Council resolution; The application shall 'be accompanied by a tentative map which shall be filed with the Land Use Planning Manager 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. If the applicant contemplates the constructioz? of a non-residential planned development in phases, the application shal so state and shall include a proposed phasing schedule buildings to a non-residential planned development, the plans shall reflect the existing buildings and show all proposed changes and addit ions. (3) (4-) (5) If the applicant proposes to convert existing 3 1 2 3 4 *5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.47-050 Transmittal to the Planning Commission. The --.__~_------ Land Use Planning Manager shall transmit the application Tor a non- residential 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 considered by the Planning Commission concurrent with their consideration of any related discretionary permit. I_- 21.47-060 Planning Commission action. The Planning Commission shall hold a public hearing on all non-residential planned development permits. For all non-residential planned development permits with 50 or fewer units or lots, the Planning Commission shall approve, conditionally approve or disapprove the permit. For all non-residential 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. -I__ 21.47.070 City Council action. The City Council shall hold a public hearing on a non-residential planned development permit for which the Planning Commission has filed a report with thc City Clerk. At the 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. 21.47.071 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 hearins on non-residential planned development permit is consolidated with the hearing on a tentative map under the provisions of Section 21.47.050 notice shall satisfy the requirements of both this chaptex and Title 20 of this code. 21.47.072 -. - Required Findings. (a) The Planning Commission or City Council shall approve or conditionally approve a non-residential planned development permit only if it finds that all of the following facts exist:' (1) The granting of this permit will not adversely affect and will be consistent with the 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 necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood'and the commu ni t y safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; (4) The proposed non-residential planned development meets all of minimum devlopment standards of the underlying zone, except for lot area; (3) Such use will not be detrimental to the health, .3 i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) In granting a non-residential planned developmeni permit, the City Council, Planning Commission or Land Use Planning Manager may modify the plan or impose such conditions as it deems necessary to protect the public health,-%afety'and general welfare. 21.47.073 Appeal of Planning Commission Decision. (a) The applicant or any other interested person may appeal, from any action of the Planning Commission, or from any action of the Land Use Planning Manager on projects processed in accordance with Section 21.47.130 with respect to a non-residential 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 thirt: days after the date of filing the appeal. Within ten days followin! 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) 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 If the City Council fails to act on an appeal within 21.47.080 Development -- Standards. All non-residential planned developments shall comply with all requirements and development standards of the underlying zone and all requirements ol Title' 20 (Subdivision Ordinance), with the following exception: non-residential Planned.Unit Developments as defined herein may create lots that do not meet the requirements of Title 20 of the underlying zone. 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. 21.47.090 Conversion of existing -- buildings to Non- (a) Conversion of existing buildings to a non-residential Residential Planned Developments. planned development which is a condominium, planned unit developmenl or stock cooperative shall be processed in the same manner and meet all the standards prescribed in this chapter for a non-residential planned development. In addition, the structure to be converted must meet present city building regulations. to a non-residential planned development shall include building ?lans indicating how the building relates to present building and zoning regulations and where modifications will be required. Also, the application shall include a letter from San Diego Gas and Electric explaining that the plans to connect the gas and electric system to separate systems is acceptable. (b) An application for conversion of an existing structurf 04 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.47.100 Expiration, extension, revisions. The expiration, extension or revision of a non-residential planned ,development of five or more lots or units shall be governed by the provisions of Section 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentativ map. The expiration, extension or revision of a non-residential planned development or four or less lots or units shall be governe by the provisions of Section 20.24.160, 20.24.180 and 20.24.080 of this code. 21.47.110 Approval of projects of four units or less by (a) Non-residential planned developments located on (b) A site plan and elevations for such projects which Land Use Planning Manager. property less than 1 acre in area with four or less units shall be approved in accordance with the provisions of this section. include all design criteria and development standards as contained in this chapter shall be submitted to the Land Use Planning Manage who may approve, conditionally approve or disapprove the permit T Land Use Planning Manager shall approve or conditionally approve a permit if he makes all of the findings specified in Section 21.47.072. The Land Use Planning Manager's decision may be appeal in accordance with the procedures of Section 21.47.073 of tis chapter . (c) An application for a site plan shall be accompanied 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 non-residential planned development of four or less units. report to the City Council of all non-residential planned development permits issued pursuant to this section. (d) The Land Use Planning Manager shall make a monthly 21.47.120 Cancellation of a Non-Residential Planned Development permit. A non-residential 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 Land Use Plannin Manager in the office of the Land Use Planning Office. Said correspondence shall also include a request to cancel the tentativ map affecting the property. The Land Use Planning Manager shall inform the City Council of all such communications. The permit shall become void one hundred twenty days after receipt of the communication by the Land Use Planning Office. 21.47.130 Amendments. ('a) Amendments to a non-residential planned development permit may be initiated by the property owner or authorized agent follows: (1) A request for an amendment shall be submitted tl the Land Use Planning Offie in written form and shall be 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment. When necessary the amendment shall be accompan.ied by an amendment t the corresponding tentative map or tentative parcel map. amendment 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 c a new use or group of uses not shown on the original permit or the rearrangement of uses within the development. 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; (5) A fee as specified by City Council resolution is required for all property within the portion of the non-residential planned development to be amended, (6) An application for an amendment of a non- residential planned development permit for which a hearing is required shall be processed, heard and determined in accordance wit the provisions of this chapter applicable to the adoption of a non-residential planned development permit; to a 'non-residential planned development permit. shall be processed, hea.rd and determined in accordance with the terms of this chapter applicable to the adoption of a non- residential planned development permit. (2) If the Planning Commission considers the (4) If a public hearing is required, the applicant (b) The City Council.may by motion initiate an amendment Such amendment 21.47.140 Final Map. Building permits for construction within the proposed non-resiTential planned development shall not b issued until a final subdivision map has been recorded for the project. A final map which deviates from the conditions imposed by the permit shall not be approved. 21-47.150 Certification of occupancy. A certification of occupancy shall not be issued for any structure in a non-residentia planned development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, Land, Use Planning Manager and the Director of Building and Planning. 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. 21.47.160 Maintenance. All private streets, walkways, .6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *. -__ 21.47.170 Restriction on reapplication for a Non- Residential Planned Development permit. - residential 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. No application for a non- EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 3rd day of my , 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 17th day of May , 1983 by the following vote, to wit: AYES: Council Members Casler, Lewis, Chick and Prescott NOES: "3 ABSENT: Council Mmbr Kulchin ATTEST : /Kd?!k- ALETHA L. RAUTENKRANZ, City Cler(c (SEAL) I. %d&L?AL MARY H. CJSLER, Mayor 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- PLANNING COMMISSION RESOLUTION NO. 2102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, BY THE ADDITION OF CHAPTER 21.47 TO THE CARLSBAD MUNICIPAL CODE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-162 WHEREAS, the Planning Commission did, on the 13th day of April, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons 3esiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Zommission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-162, according to Exhibit "A", dated March 15, 1983, attached hereto and made a part hereof, based on the following findings: Find ing s : The Non-Residential Planned Development Ordinance implements the City Council and Planning Commission's desire to permit industrial, office and commercial condominiums and planned unil developments. The Non-Residential Planned Development Ordinance provides for condominium conversions and condominium subdivisions pursuant to the City's Subdivision Ordinance and Subdivision Map Act. The Non-Residential Planned Development Ordinance allows for greater flexibility in lot size and ownership then the existing ordinances, but still establishes minimum development standards. The Non-Residential Planned Development Ordinance is consistent with the Subdivision Map Act, the Carlsbad Zoning Ordinance and the Carlsbad General Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 28, 1983 and approved by the Planning Commission on April 13, 1983. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 13th day of April, 1983, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN : ATTEST: CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2102 .2 . STAFF REPORT -- DATE : TO: FROM : SUBJECT : I. April 13, 1983 Planning Commission Land Use Planning Office ZCA-162 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to create the Non-Residential Planned Development Ordinance. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2102 recommending APPROVAL of ZCA-162 to the City Council based on the findings contained therein. I1 . PROJECT DESCRIPTION AND BACKGROUND The proposed zone code amendment would adopt the Non-Residential Planned Development Ordinance. This ordinance would provide for non-residential condominiums, condominium conversions, stock cooperatives and planned unit developments in all commercial, industrial, and office zones. Non-residential condominiums and planned unit developments were allowed under the old Planned Unit Development Ordinance and Condominium Ordinance. The new Planned Development Ordinance which superceded both of these ordinances, however, did not make provision for non-residential condominiums or planned unit developments. Staff felt that the design criteria and development standards of the Planned Development Ordinance were not applicable to non-residential condominiums and planned unit developments. Since the approval of the Planned Development Ordinance in April, 1982, the City has been approached by a number of developers interested in creating industrial and commercial condominiums and planned unit developments. This ordinance would create a mechanism to allow such developments. Discuss ion As proposed, the non-residential planned development ordinance will allow for condominium and planned unit development projects, but still assure compliance with the minimum development standards of the underlying zone. Non-residential planned developments will be processed in the same manner that residential planned developments are processed. The main difference between the existing Planned Development Ordinance and the proposed Non-Residential Planned Development Ordinance is that the latter will not include design criteria nor . development standards but instead will require that the underlying zoning standards be met. There are two exceptions to this: 1) the mininun lot size may be reduced to allow planned unit development and condominium lots; and 2) the approving body may modify a plan or impose additional conditions to protect the public health, safety and general welfare. Staff feels that the proposed Non-Residential Planned Development Ordinance, will allow for the development and conversion of non-residential planned developments that: comply with the basic development criteria of the underlying zone, therefore, staff recommends approval of ZCA-162. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on March 28, 1983. ATTACHMENTS 1. Planning Commission Resolution No. 2102 2. Exhibit "A", dated March 15, 1983 3. Environmental Documents MH : bw 4/5/83 -2- Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING ZCA-162 NOTICE IS HEREBY GIVEN that the City CounciloftheCity ofCarls- .bad w~ll hold a dblic hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad, California. at 6 00 P M on Tuesday. May 3,1983. to consider an appflicafion for a zone code amendmept to allow non resideatial condsminiums, condominium cbnversions and planned unit developments CJ W320 April 20. 1983 ................... AP.Til. 2.0 .... 19 83. . Applicant City of Carlsbad ................................. 19 .... CARLSBAD CITY COUNCIL ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carls ad yd{K of Sari Diego, State of Californja on day of APrll 1987 n( c* p C$’LiQJ 1 Y Clerk of the Printer 2M-4/82 c NOTICE OF PUBLIC HEARING ZCA-162 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, May 3, 1983, to consider an application for a zone code amendment to allow non-residential condo- miniums, condominium conversions and planned unit developments. APPLICANT: City of Carlsbad PUBLISH : April 20, 1983 CARLSBAD CITY COUNCIL WICE IS HEREBY G?Y!L~ ;:;at the Planning Commission of the City of Carlsbad will hold a public hearing at th? City r’minc11 Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednrday, h$il 13, 1983, to consider approval of a cznc de amendment to allow non-residentiai cx-rlominiums, condominium conver- sioris ct.d slmxd unit developments. Those persons wishing to speak on this proposal are cordiai!.y invited to attend the public hearing. Office at 438-5591. If you have any questions please call tihe imd Use Planning CFSE FILE: ZCA- 1 6 2 APPLICANT : CITY OF CARLSBAD PUBLISH : April 2, 1983 CITY OF CAEUSRAD PLANNING COMMISSION !