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:
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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-
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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;
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(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
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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,
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(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
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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
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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,
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-__ 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
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--
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.
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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
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