HomeMy WebLinkAbout1986-11-18; City Council; 8817; Revision to Planned Development Ordinance5 a
/!+ @ cif OF CARLSBAD - AGENU-BILL &
ORDINANCE - ZCA-195
MTG. CITY OF CARLSBAD
DEPT. PLN
RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City
Council introduce Ordinance No. 982.3 rp APPROVING ZCA-195.
This zone code amendment proposes to revise the City's Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal
Code. During the past year members of the Planning Commission
have questioned some of the standards of the Planned Development
Ordinance which was drafted in 1982. Some of these standards
have been difficult to apply to many of the small lot, 3,000 - 5,000 square foot single family projects that have recently been submitted for City approval. This product type was not being proposed when the Planned Development Ordinance was drafted.
Staff worked with members of a Planning Commission subcommittee for several months to revise the Planned Development Ordinance. The review of the Ordinance mainly focused on Section 21.45.090 - Development Standards. Other than a few minor changes, the subcommittee and staff believed that the other sections of the
ordinance did not need to be revised.
The main revisions to the Planned Development Ordinance were as f 0 1 lows :
1) Special justification was required for planned
2)
3) Minimum lot size and width requirements were established
4) Credit for tandem guest parking was eliminated.
5) Setbacks from arterial streets were established.
6) Recreation requirements were revised.
7) Two covered parking spaces were required for all except
developments in single family areas.
Private driveway and street widths were increased.
for single family lots.
studio units.
8) Building separation requirements were revised.
9) Recreational vehicle parking was required for all projects with 10 units or more.
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Page 2 of Agenda Bill No. 88/ 7
In conclusion staff and the Commission believe the proposed
revisions will not significantly alter the existing Planned
Development Ordinance. They will strengthen and clarify the existing development standards yet still allow adequate flexability for innovative projects. For more details of the proposed revisions see the attached staff report.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
cause any significant environmental impacts and, therefore, has
issued a Negative Declaration, dated June 7, 1986, which was recommended for approval by the Planning Commission on October 1,
1966. A copy of the environmental documents is on file in the Planning Department.
FISCAL IMPACT
No direct fiscal impacts are anticipated.
EXHIBITS
1. Ordinance No. 9'673 2. Planning Commission Resolution No. 2568 3. Staff Report to the Planning Commission dated, October 1, 1 9 8 6 w/ attachment s
ORDINANCE NO. 9823
-. - P& ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMMENDING TITLE 21, CHAPTER
VARIOUS PROVISIONS OF THE PLANNED DEVELOPMENT
REGULATIONS.
21.45 OF THE CARLSBAD MUNICIPAL CODE TO AMEND
The City Council of the City of Carlsbad does ordain as
follows :
SECTION 1: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of the first sentence
of Section 21.45.020(b) to read as follows:
"(b) 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, community apartment project, or a combinat ion thereof. I'
SECTION 2: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the addition of Section 21.45.040(6)
to read as follows:
"( 6) Applications for Planned Developments on propertier
designated or zoned for single family development shall be
accompanied by a preliminary tentative map. This map shall
illustrate how many standard lots conforming to applicable zoning and subdivision standards served by 'public streets could fit on
the site. The design of this preliminary tentative map shall comply with all applicable City ordinances and standards except for the design standards of this chapter. The applicant shall
also submit maps, diagrams, plans and a report showing that the
proposed planned development will result in superior residential
development consistent with the purpose and intent of this
chapter. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. "
Section 3: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of Sections
21.45.072(2) and 21.45.072(8) to read as follows:
" (2) The proposed use at the particular location is
necessary and desirable to provide a service or facility which
will contribute to the long term general well-being of the
neighborhood and the community;"
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"(8) The proposed project's design and density of the
developed -portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood:"
Section 4: That Title 21, Chapter 21.45 of the Carlsbac
Municipal Code is amended by the amendment of Sections
21.45.080(2) and 21.45.080(3) to read as follows:
"(2) The plan shall provide for adequate usable open space, circulation, off-street parking, recreational facilities and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well-integrated, orientated an(
related to the topographic and natural landscape features of the site, as indicated in the design guidelines manual:" "(3) The proposed development shall be compatible with
existing and planned surrounding land uses and with circulation patterns and open space on adjoining properties. It shall not constitute a disruptive element to the neighborhood or community: "
SE'CTION 5: That Title 21, Chapter 21.45 of the Carlsbac
Municipal Code is amended by the amendment of Section 21.45.090
to read as follows:
"21.45.090 Development standards. In addition to the general provisions of this title, the requirements of the underlying zones and this chapter, a planned development shall comply with the following standards: (a) Density. The number of dwelling units in a plannec development shall not exceed the density permitted by the underlying zone. The density regulations of the underlying zone may be applied to the total developable area of the planned development rather than separately to individual lots. In no cases shall the density be inconsistent with the general plan. The density on the developed portion of the site shall be compatible with surrounding development. 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 designtion to another.
(b) Setbacks.
(1) Arterials. All units adjacent to any road shown on the Circulation Element of the General Plan shall maintain as a minimum the following setbacks from the right-of-
way :
Prime Arterial 50 ' Major Arterial 40 ' Secondary Arterial 30 '
This setback shall be mounded and landscaped to
buffer residential units from traffic on the adjacent arterials.
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(2) Front Yard. The front yard setback for single
family dwellings shall be twenty feet; however, setbacks may be
varied to a fifteen-foot average with a ten-foot minimum.
Garages-wi-th entries that face directly onto a public or private street shall maintain a minimum setback of twenty feet. The
front yard setback from a private driveway, as defined in
subsection (h), may be reduced to five feet provided that guest
parking is dispersed along the entire driveway or that the width
of the driveway is adequate to accommodate parking on one side.
Garages facing directly onto a private driveway that have less
than a twenty-foot setback shall be equipped with an automatic
garage door opener.
All multifamily units fronting on a public or
private street shall maintain a minimum of a 20' front yard
setback. Garages that face onto a private driveway servinq an
attached multifamily project may have a five foot setback
provided that quest parking is dispersed along the entire
driveway or that the width of the driveway is adequate to
accommodate parking on one side. In this case all garages shall
be equipped with automatic garage door openers.
The front yard setback shall be measured from
the riqht-of-way line in the case of a public street and from the
edge of the driveway, curb or sidewalk, whichever is closer to
the structure subject to the setback, 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 fifteen-foot setback. The modifications in setback shall
not be allowed where there is the potential for adverse traffic or visual impacts. At least 40% of the frontyard setback of
detached single family residences shall consist of landscaping.
foot side yard setback from the street, unless the garage faces
onto the street side yard, in this instance a twenty foot setback
shall be maintained to the garage.
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.
(5) The distance between single story structures
shall not be less than ten feet. When more than ten structures
in a row front or back on a street, the distance between two and
three story structures shall not be less than twenty feet and the
distance between two story and one story structures shall not be less than fifteen 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 the required distance between buildings. Second and third
story open balconies or eave projections over driveways are
allowed if such intrusions do not inhibit traffic circulation,
provision of safety, sanitary or other services or are not
compatible with the design of the project.
full-sized covered residential parking spaces, 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
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(3) Corner Lots. Corner lots shall have a ten-
(4) All setbacks shall be measured from the
(c) Resident Parking. All units must have at least two
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cases where a fractional parking space is required, the required number ~f spaces shall be rounded to the nearest highest whole
number. --
(d) Visitor Parking
(1) Visitor parking shall be provided as follows:
No. of Units Amount of Visitor Parkinq
10 dwelling units or less 1 space for each 2
dwelling units or fraction thereof.
Greater than 10 dwelling 5 spaces for the 10 units, units plus 1 space for each 4
dwelling units above 10 or
fraction thereof.
(2) Up to forty-five percent of the visitor parking may be provided as compact spaces (eight feet by fifteen
feet). No guest parking credit shall be given for tandem parking
in front of garages except for existing duplex lots. These
existing lots may provide their required guest parking space as a
tandem parking space in front of the garage if the garage is
setback a minimum of twenty feet from the front property line.
(3) Credit for visitor parking may be given for
frontage on adjacent local streets for detached single-family or
duplex projects subject to the approval of the Planning
Commission; not less than twenty-four feet lineal feet per space
exclusive of driveway entrances and driveway aprons shall be
provided for each parking space, except where parallel parking
spaces are located immediately adjacent to driveway aprons, then
twenty lineal feet may be provided. Streets used for on street
visitor parking must meet or exceed the city’s minimum width
requirements.
(e) Building setbacks from open parking areas shall not be less than five feet.
(f) Screening of Parking Areas. All open parking areas shall be screened from adjacent residences and public rights-of-
way by either a view-obscuring wall or landscaping subject to the
approval of the Planning Director. (9) Recreational Space.
(1) Open Space areas designated for recreational use shall be provided for all residential developments at a ratio of
200 square feet per unit. All projects except for those in which
all dwelling units are on lots with a minimum size of seven
thousand five hundred (7,500) square feet, shall provide both common and private recreational facilities.
the minimum density allowed by their general plan designation shall provide common active, as well as private passive
recreational facilities.
are not limited to the following:
[F]
(2) Multi-family projects requesting approval above
(3) Active common recreational facilities include, but
(A) Spa, Sauna, Cabana (including restroom facilities) ,
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(D) SWimming pool,
(E) Tennis Court,
(F) Shuffleboard court,
(G) Racquetball court,
(€3) Volleyball court,
(I) Recreation rooms or buildings with any two of
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the following items:
(i) Cardroom,
(ii) TV room,
(iv) Restrooms,
(v) Lounging area,
(vi) Ping pong table,
(viii) Kitchen facilities,
(iii) Weight-lifting/exercise room,
(vii) Pool table,
(ix) Wet bar.
(4) Passive common recreational facilities include but
are not limited to the following:
(A) Benches,
(B) Barbeques,
(C) Restrooms,
(D) Sun decks (excluding lawn areas),
(E) Children's play areas,
(F) Horseshoe pits,
(G) Flat grassy playareas with a slope of less
than 15%.
open/recreational space shall be at least ten feet.
ordinance shall provide either a balcony with a minimum dimensior
of six feet or a patio with a minimum dimension of ten feet for
each dwelling unit.
(7) To count towards satisfying recreation
requirements, private yards shall have a minimum dimension of fifteen feet with a slope not greater than fifteen percent.
(8) Credit for common indoor recreation facilities
shall not exceed fifty percent of the required recreation area. (9) Required recreation areas shall not be situated ir
any required front yard, unless the Planning Commission or City Council finds it to be an integrated feature of the project and that it will not create a disruptive element to the
neighborhood.
open/recreat ional space requirement are driveways, parking areas,
pedestrian walkways, storage areas, fenced areas which are inaccessible to residents, areas with slopes of 15% or greater, and any other areas deemed not to be primarily used for
open/recreational purposes by the Planning Commission or City Council.
(5) The minimum lineal dimension of an
(6) All multifamily projects developed under this
(10) Specifically excluded from meeting the usable
(h) Streets.
(1) Private streets may be permitted within a planned unit development, provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construct ion comply with the requirement of the city's street
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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:
Single
Type of Street Minimum Width
2 lanes, parking on both sides
2 lanes, parking on one side 2 lanes, no parking, serving
twelve units or less with off
street guest parking bays
Multifamily Attached
Type of Street
36 feet
32 feet
30 feet
Minimum Width
Private driveways 30 feet
No parking shall be permitted on private driveways.
(i) Lighting. Lighting adequate for pedestrian and
vehicular safety and sufficient to minimize security problems
shall be provided.
for each unit.
(j) Utilities. There shall be separate utility systems
(k) Recreational Vehicle Storage.
All projects containing ten units or mre shall provide
space to store campers, trailers, boats, etc. 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. Developments
located in areas covered by a Master Plan may have this
requirement satisfied by the common recreational vehicle storage
area provided by the Master Plan.
driveways and approaches, shall be at least equal to twenty
square feet for each dwelling unit in the planned development.
However, not less than two hundred square feet shall be
provided. The storage space shall be screened from view by a
view-obscuring fence, wall or landscaping.
The storage space may be offsite of the planned
development, provided the property to be used as storage is part
of the application for the planned development permit and that nc
other development may occur on this property without an amendment
to such permit. The Planning Commission or City Council must
find evidence that such off-site storage is suitable and not
detrimental to the surrounding properties of such storage area.
or City Council finds that the planned development provides that
The area provided for this storage space, exclusive of
Storage shall not be required if the Planning Commissior
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each lot will have satisfactory storage on the lot and such
storas i-s 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.
four hundred eighty cubic feet in area shall be provided for eack unit. If all of the storage for each unit is provided in one
area, this requirement may be reduced to three hundred ninety-twc 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 a:
an enlargement of the required covered parking structure, provided it does not extend into the area of the required parkin? stall. This requirement is in addition to closets and other
indoor storage areas that are normally part of a residential dwelling unit.
be required for residential development with five or mre dwelling un'its and for nonresidential development if deemed to bc necessary by the Planning Commission or City Council. (n) Antennas. No individual antennas shall be
permitted. Each project shall have a master antenna or a cable
television hookup.
developments as defined herein, lots that do not meet the
requirements of Title 20 of the underlying zone may be approved.
However, lots with single family detached homes shall comply wit1 the following criteria: (1) Minimum lot size: 3500 sq. ft.
(2) Minimum street frontage on linear or semi-
(3) Minimum frontage on sharply curved streets or
(4) Frontage on cul-de-sac bulbs may be reduced tc
(2) The storage of recreational vehicles shall be
(1) Storage Space. Separate storage space of at least
(m) Refuse Areas. Centralized refuse-pickup areas may
(0) Planned unit development lots. For planned unit
linear streets: 40 feet.
cul-de-sacs: 35 feet, with an average of forty feet.
a minimum of 25' if guest parking (that does not directly back
out onto street) is provided near the end of the cul-de-sac.
Also, lots with frontages less than 30' must reach a width of 35'
at some point near the middle of the lot.
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SECTION 6: That Title 21, Chapter 21.45 of the Carlsbal
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Municipal-Code is amended by the deletion of Section 21.45.230.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 22nd day of December 0
1986 and thereafter,
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 6th day of January 1987
by the foliowing vote to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
w A. d* ALETHA L. RAUTENKRANZ, City Clekk
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ORDINANCE NO. 9827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF TITLE 20, CHAPTER 12, SUBSECTION 091(B)(12) AND THE ADDITION OF TITLE 20, CHAPTER 16, SUBSECTION OlO(13) TO REQUIRE TENTATIVE MAPS TO COMPLY
WITH THE REQUIREMENTS OF THE CITY'S HILLSIDE DEVELOPMENT
REGULATIONS
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 20, Chapter 12 is amended by the
addition of Subsection 091(12) to read as follows:
20.12.091 (b) (12). That the proposed tentative map complies with all requirements of the Hillside Development Regulations, Chapter 21.95 of the Carlsbad Municipal Code.
SECTION 2: That Title 20, Chapter 20.16 of the Carlsbad
Municipal Code is amended by the addition of Section 20.16.010(13)
to read as follows:
2O.16.010(13). with the provisions of Chapter 21.95 of this code relating to Hillside Development. Areas which are determined to be
undevelopable pursuant to the applicable provisions of Chapter 21.95 of this code shall be preserved as open space areas.
The design of the subdivision shall be consistent
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption,
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 10th day of February ,
1987, and thereafter
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 10th day of February ,
1987, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of February , 1987, by
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None
APPROVED AS TO F0,RM AND LEGALITY
ATTEST :
. RAUTENKRANZ, City\Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2570
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CODE AMENDMENT BY THE REVISION OF TITLE 21, CHAPTER 53, SUBSECTION 120 BY THE ADDITION OF SUBSECTION (D) AND BY
THE ADDITION TO TITLE 21 OF CHAPTER 21 -95 TO ESTABLISH HILLSIDE DEVELOPMENT REGULATIONS FOR THE CITY OF CARLSBAD APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-194
WHEREAS, the Planning Commission did, on the 15th day of
October, the 19th day of November, and the 17th day of December,
1966, hold duly noticed public hearings 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
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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-194, according to Exhibit "A", dated December 17, 1986, attached hereto and
made a part hereof, based on the following findings:
Findings:
1) The proposed amendment will preserve the integrity of
Carlsbad's hillsides by assuring that development density and
intensity relates to the slope of the land.
2) The proposed amendment will promote proper design and grading
3) The proposed amendment will assure that hillside conditions
techniques for hillside developments.
are properly identified and incorporated into the planning process.
are sensitive to the existing topography. 4) The proposed amendment will assure that proposed developments
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5) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on June 7, 1986 and recommended for APPROVAL by the Planning Commission on December 17, 1986.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 17th day of December, 1986, by the following vote, to
wit:
AYES : Chairman Schlehuber, Commissioners: Hall,
NOES : None.
Schramm, Marcus & McFadden.
ABSENT: Commissioners: Holmes & McBane.
ABSTAIN : None.
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
ATTEST :
MICHAEL J. HOLZMILLER
PLANNING DIRECTOK
PC KESO NO. 2570 -2 -
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-- EXHIBIT "A"
December 17, 1986 .-I
ORDINANCE NO.
AN ORDI NCE OF THE CITY COUNCIL OF THE CITY OF CARLSB--D, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL
CODE BY THE REVISION OF TITLE 21, CHAPTER 53, SECTION 120
BY THE ADDITION OF SUBSECTION (D) AND BY THE ADDITION TO
TITLE 21 OF CHAPTER 21.95 TO ESTABLISH HILLSIDE DEVELOPMENT REGULATIONS FOR THE CITY OF CARLSBAD.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.53 of the Carlsbad
Municipal code is amended by the addition of Section 21.53.120 (d)
to read as follows:
21.53.12C)(d). No more than 50% of the portion of a site
containing 25 to 40% (percent) slopes may be utilized for
calculating allowable residential density. Residential development
on slopes with an inclination of 25 to 40% (percent) inclusive
shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the Coastal Zone, the grading provisions of the Carlsbad Local Coastal Program shall
apply
SECTION 2: That Title 21 of the Carlsbad Municipal Code
is amended by the addition of Chapter 21.95 to read as follows:
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Sections :
21.95.010
21.95.020
21.95.030 21.95.040 21.95.050 21.95 .O60 21.95.070
21.95.080 21.95.090
Chapter 21.95
,SIDE DEVELOPMENT REGUL. .TIONS
Purpose and Intent
Hillside Mapping Procedures
General Restrictions Residential Density Calculations Subdivision of Hillside Lands Development and Design Standards Modification to Development and Design Standards
Non-Residential Development Exclusions
21.95.010 Purpose and Intent. The purpose and intent of
A) Assure hillside alteration will not result in
B)
C)
D)
the Hillside Development Regulations are to:
substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas;
assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation.
landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides;
pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable and reflects the City's cultural and environmental values;
E) Assure hillside conditions are properly identified and incorporated into the planning process. F) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. G) Prevent erosion and protect the lagoons from excessive
s il tat ion.
H) Encourage creatively designed hillside development requiring a minimal amount of grading. I) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography.
Preserve the natural appearance of hillsides by
Assure proper design is utilized in grading,
Preserve and enhance a healthful and aesthetically
21.95.020 Hillside Mapping Procedures. A slope analysis and slope protiles shall b e illustrated on a constraints map, and shall accompany all development submittals for properties that have
any slopes in excess of 15% and an elevation differential greater than 15 feet.
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A) Slope analysis. Slope analysis shall identify the acreage and percentage of each of the following slope categories for each General Plan land use designation and zone of the site:
1) 0 - less than 15% slopes
2) 15 - less than 25% slopes 3) 25 - less than 40% slopes 4) 40% or greater slopes
a) Percentage of slope is determined by:
Vertical Distance
x 100 = X Slope (Contour Interval) Horizon t a1 D is t anc e (Distance between Contour Intervals)
B) Slope profiles. A minimum of three slope profiles
(slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall:
the constraints map, grading or preliminary grading plan and project site map;
Show both existing and proposed topography, structures and infrastructures. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line. 3) Include the slope profile for at least100 feet from the project site boundary.
4) s ite where :
topography is proposed,
proposed, and
uses.
parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a 45% angle to the other slope profiles and existing contour lines. Assurance of accruate hillside mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section.
1) Be drawn at the same scale and indexed or keyed to
2)
Be drawn along those locations of the project
a)
b) the most intense or bulky development is
c) the site is most visable from surrounding land
the greatest alteration of the existing
5) Two of the slope profiles shall be roughly
C)
21.95.030 General Restrictions. No property with a
slope of 15% or more and an elevation differential greater than 15 feet shall be developed unless a hillside development permit has been issued. An application for a hillside development permit shall be processed and approved concurrently with any other
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development permits required by Titles 11, 18, 20, or 21 of this code. The same decision making body or official which has the authority to approve the other development permits required for the
project shall have the authority to approve a hillside development
permit. If no permits other than a building or grading permit are required for the project then the Planning Director shall have the authority to approve or deny hillside development permits subject to appeal to the Planning Commission. Such appeal shall be made within ten days after the Planning Director's decision.
development permit shall be approved only if all of the following
findings can be made.
1) identified.
2) properly identified.
3) That the development proposal and all applicable
development approvals and permits are consistent with the purpose, intent and requirements of this chapter. 4) That no development or grading will occur in those portions of the property which are undevelopable pursuant to the
provisions of Section 21.53.120 of this code.
5) That the project design and lot configuration minimizes disturbance of hillside lands.
6) That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development
Guidelines manual.
A hillside
That hillside conditions have been properly
That undevelopable areas of the project have been
21.95.040 Residential Density Calculation. A) Areas of a site in slopes greater than 40% shall be excluded from residential density calculations consistent with Section 21.53.120 of the Carlsbad Municipal Code.
25 -40% slopes may be utilized for calculating allowable
residential density consistent with Section 21.53.120 of the
Carlsbad Municipal Code.
B) No more that 50% of the portion of a site containing
21.95.050 Minimum development of hillside lands. The
provisions oi this chapter shall b e applied so as to
1) which was legally existing on the date of the ordinance adopting
this chapter. 2) Not preclude the efficient and safe provision of
public facilities or services to any parcel identified in subsection (1) and 3) Allow development of at least one single family
dwelling unit per parcel described in subsection (1).
Not preclude a reasonable use of a hillside parcel
21.95.060 Hillside Development and Design Standards.
A)
B) Contour grading. Contour grading techniques shall be
All development on slopes of 25% or greater within the Coastal Zone shall comply with the requirements of the Coastal Overlay Zone.
used to provide a variety of both slope percentage and slope direction in a three dimensional undulating pattern similar to existing, adjacent natural terrain. The lines established by the 4.
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toe and top of the graded slope shall also undulate in this fashion. Contour grading shall undulate so that, in no case shall a straight, flat, cut or filled slope face greater than 30
feet in height or 200 feet in length be created. C) Area or extent of grading. Grading of the
developable portions of the site shall be kept to a minimum. To
define the area or extent of grading, the area in acres, of both cut excavation and fill areas shall be calculated. This
calculation shall be noted on the particular cut or fill area.
The total areas of cut and fill shall be noted on the grading and
preliminary grading plan. Additionally, the areas of cut and
fill as a percentage of the total site area shall be noted in the
grading and preliminary grading plan. The areas of cut and fill offsite yet physically attached to onsite cut and fill areas shall also be included in the calculations of cut/fill areas.
percent slopes requiring grading in excess of the grading
necessary to provide roadways, utilities, building foundations,
parking areas or recreational areas in conformance with this chapter, shall submit for review specific written findings justifying the reasons for the excess grading, subject to the approval of the decision making body.
to the extent possible, be screened from view behind or under buildings, by landscaping, or by natural topographic features. All manmade slopes shall be landscaped to the satisfaction of the
Planning Director prior to occupancy of any structures.
units are stepped down the hillside all parts of structures proposed for development on hilltops and on pads created on
hillsides shall be sufficiently setback from the adjoining downhill slopes so that the visual impact on the surrounding area is eliminated or significantly reduced by the slope. Where
public safety can be assured the setback area shall be used for
public, common or private open space. Small irregular berming
shall be used within the ground level setback to create visual
and site interest. Setbacks shall be sufficient to eliminate or significantly reduce any jutting vertical mass which would be visually incompatible with natural hillside landforms.
roads, roadways shall not greatly alter the physical and visual character of a hillside, by creating large "notches" in ridgelines or by defining wide, straight alignments. Roadways shall follow the natural contour of the land and be modulated by sufficient berming, contour grading and landscaping, to create visually interesting and pleasing roadways.
shall generally decrease with an increase in the percent of hillside slope. Multi-level or terraced foundations which fit a structure into the natural slope and form of the hillside shall
be the preferred structural design on the uphill side of the street. Hillside architecture shall incorporate appropriate structure modulation along with floor and roof level transitions
Applications which propose development on 25 - 40
D) Screening graded slopes. Cut or fill slopes shall,
E) View preservation and enhancement. Except where
F) Roadway design. Except for Circulation Element
G) Hillside architecture. The volume of structures
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to fit a structure and roofline into the natural contours, features and background of the hillside. The length of a structure shall orient parallel with the contour of the hillside. The greater the hillside slope, the longer the structure length to width ratio shall be required. Bulky, rigid, excessively angular, vertical or other obtrusive geometric architecture
accessory structures or fences which are not in the same pattern, proportion or scale with the hillside landform shall be discouraged. The dominate roof slope shall follow the dominate slope of the hillside. Exterior, materials and colors shall be harmonious in tone and texture with the hillside and surrounding vegetation. Hose bibs and electrical outlets shall be
constructed on the downhill side of all hillside structures.
architecture standards, hilltop architecture should extend and enhance the major features of hilltops, not dominate them.
Significant downslope setbacks, small modulated berms, and
sensitive landscaping shall be used to appropriately maintain the
appearance of a hilltop ridgeline from surrounding viewpoints.
Examples of the desired hillside and hilltop architecture can be
found in the City of Carlsbad's Design Guidelines Manual and Architectural Review Guidelines.
feasible, maintain all natural drainage patterns and courses. Roofwater collection and drainage dispersal systems shall be
provided for all dwelling units that do not drain directly onto a paved surface. If drainage benches are required on a slope their width shall be varied to accommodate landscaping for additional visual screening.
feet in height.
yards shall be calculated. The cut or fill volumes shall be noted on the particular cut or fill. The total volume of cut and fill shall be noted on the grading and preliminary grading plan. 3) Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following:
H) Hilltop architecture. In addition to the hillside
I) Hillside drainage shall to the maximum extent
J) Slope height and volume of grading cut or fill. 1) Cut or fill slopes shall not be greater than 30
2) The volumes of both the cut and fill in cubic
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Cubic Yards
of cut or fill grading per acre of cut & fill
area (in acres)
Relative Sensitivity of hillside grading volume
0 - 7,999 cubic yds/acre Acceptable
11 I1 II Potentially Acceptable
I1 II I1 Unacceptable 8,000 - 10,000 > 10,000
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4) Applications proposing grading volumes which are potentially acceptable (8,000 - 10,000 cu. yds./acre of cut or fill) shall on the preliminary grading plan submit for review
specific written findings justifying the reasons for the amount of grading subject to the approval of the Planning Director and City Engineer.
unacceptable (>10,000 cu. yds./acre of cut or fill) shall be
allowed only if they comply with all of the requirements of
Section 21.95.070.
the standards of this section unless a modification to these standards can be justified to the decision making body per the requirements of Section 21.95.070.
5) Applications proposing grading volumes which are
K) All development on hillside areas shall comply with
21.95.070 Modifications to the Development and Design Standards. A) Th e decision making body may approve a modification to the Hillside Development and Design Standards of Section 21.95.060 if the proposed development complies with the intent of the Hillside Ordinance and one or more of the following findings can be made: 1) The site has unusual geotechnical or soil conditions that necessitate corrective work that may require s igni f ican t amounts of grading.
2) The site requires extensive grading to accommodate a Circulation Element roadway. 3) The proposed modification will result in
significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.90.060. 4) The site is impacted by unusual geotechnical or
soils conditions that necessitate corrective work or a
Circulation Element Roadway.
and Design Standards of the Hillside Ordinance shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence
to the requirements of Section 21.90.060. The second set shall
illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decision making body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts.
excess of 10,000 cu. yds./acre of cut or fill or a manufactured slope in excess of 30 feet in height, the applicant shall submit a detailed mitigation and landscaping plan prior to approval of the project. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. This plan shall also state the estimated cost of the proposed mitigation and landscaping for the portions of the site
requesting a modification to the Development and Design
Standards. Prior to issuance of a grading permit, the applicant shall deposit, at a financial institution subject to regulation by the state or federal government, a certificate of deposit or
B) Any request for a modification to the Development
C) If a modification is granted to allow grading in
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letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation
and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the Planning Director may authorize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant.
21.95.080 Non-Residential Development. Development on land desimated for non-residential develoDment shall comDlv with all requirements of this chapter except Subsection 21.95.b6b J. Any non-residential project proposing grading in excess of 10,000
cubic yards per acre or creating slopes in excess of 30 feet in
height shall provide both written and graphic exhibits to justify
the proposed grading to the satisfaction of the decision making
body.
a final discretionary approval, building permit or grading permit prior to effective date of the ordinance adopting this chapter shall be exempt from the provisions of this chapter provided that such permits or approvals have not expired or are not otherwise revoked. B) The following areas must be fully identified, but may be excluded from the requirements of this Chapter by the
decision making body. 1) Areas previously disturbed by authorized grading, 2) Areas where Circulation Element Roadways must be placed and no feasible alternative consistent with this chapter is available; 3) Areas of topographic change less than 15 feet in height and less than 4,000 square feet in area, which are not a part of the surrounding generalized slope. 4) Small isolated ravines where there is no substantial evidence that the project will have a significant
effect on the environment as determined by the Planning
Director.
City Policy ordinance or standard, the most restrictive policy, ordinance or standard shall apply.
21.95.090 Exclusions. A) Any project that has received
Where any part of this chapter conflicts with any other
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.
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C rlsb
INTRODUCED AND FIRST READ at a regular meeting of the
d City Council held on the day of 9
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1986, by
the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2636
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT TO THE CARLSBAD SUBDIVISION ORDINANCE BY THE REVISION OF TITLE 20, CHAPTER 12, SUBSECTION 091(B) BY THE ADDITION OF SUBSECTION (11) AND THE REVISION OF TITLE 20, CHAPTER 16, SUBSECTION 010 BY THE ADDITION OF SUBSECTION (13) TO REQUIRE TENTATIVE MAPS TO COMPLY WITH THE REQUIREMENTS OF THE CITY'S HILLSIDE DEVELOPMENT REGULATIONS
WHEREAS, the Planning Commission did, on the 15th day of
October, the 19th day of November, and the 17th day of December,
1986, hold duly noticed public hearings 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
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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 an amendment to the subdivision Ordinance, according to Exhibit "Bl', dated December 17, 1986, attached hereto and made a part hereof, based on the following findings:
F ind ing s :
1) The proposed amendment will ensure that proposed tentative
maps comply withh all requirements of the Hillside
Development Regulations, Chapter 21.95 of the Carlsbad
. Municipal Code.
2) The proposed amendment will ensure that design of subdivisions are consistent with the provisions of Chapter 21.95 in regards to open space areas.
The project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on June 7, 1986 and recommended for APPROVAL
by the Planning Commission on December 17, 1986.
3)
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 17th day of December, 1986, by the following vote, to
wit:
ATTEST:
AYES : Chairman Schlehuber, Commissioners: Hall,
NOES : None.
ABSENT: Commissioners: Holmes tit McBane.
ABSTAIN : None.
Schramm, Marcus 6r McFadden.
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
MICHAEL J. HOLZMILLER PLANNING DIRECTOR
PC RES0 NO. 2636 -2-
EXHIBIT " B"
December 17, - 1986
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C__RLSB_-D,
CALIFOKNIA, AMENDING TITLE 20, OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF TITLE 20, CHAPTER 12, SUBSECTION
O91(6) (11) AND THE ADDITION OF TITLE 20, CHAPTER 16,
SUBSECTION OlO(13) TO REQUIRE TENTATIVE MAPS TO COMPLY
WITH THE REQUIREMENTS OF THE CITY ' S HILLSIDE DEVELOPMENT
REGULATIONS
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 20, Chapter 12 is amended by the
addition of Subsection 091(11) to read as follows:
20.12.091 (b) (11). That the proposed tentative map complies with all requirements of the Hillside Development Regulations, Chapter 21.95 of the Carlsbad Municipal Code.
SECTION 2: That Title 20, Chapter 20.16 of the Carlsbad
Municipal Code is amended by the addition of Section 20.16.010(13)
to read as follows:
21.16.01O(13). The design of the subdivision shall be consistent
with the provisions of Chapter 21.95 of this code relating to Hillside Development. Areas which are determined to be
undevelopable pursuant to the applicable provisions of Chapter 21.95 of this code shall be preserved as open space areas.
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 day of 9
1986, and thereafter
Ill/
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1987, by
the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
2.
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2E
PLANNING COMMISSION RESOLUTION NO. 2568
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT, AMENDING TITLE 21, CHAPTER 45, OF THE CARLSBAD MUNICIPAL CODE, TO MAD AS SHOWN ON EXHIBIT "A" APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-195
WHEREAS, the Planning Commisson did, on the 1st day of
October 1986, 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
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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-195, according to Exhibit "A", dated October 1, 1986, attached hereto and made a part hereof, based on the following findings:
Findings :
1. The proposed amendment will clarify confusing portions of the
2. The proposed amendment will ensure that projects developed
Planned Development Ordinance.
with the Planned Development Ordinance will be compatible with adjacent developments.
3. The proposed amendment will establish high quality development
' standards for the Planned Development Ordinance.
4. The proposed project will not cause any significant environmental impacts and a Negative Declaration has been
issued by the Planning Director on June 7, 1986 and recommended
for APPROVAL by the Planning Commission on October 1, 1986.
/I//
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 1st of October, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: McBane,
NOES : None.
ABSENT: Commissioner Holmes.
ABSTAIN: None.
harcus , McFadden, Schramm and Hall.
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER PLANNING DIRECTOK
PC RESO NO. 2568 -2-
STAFF REPORT
DATE :
TO:
FROM:
SUBJECT:
OCTOBER 1, 1986
PLANNING COMMISSION
PLANNING DEPARTMENT
ZCA-195 - CITY OF CARLSBAD - An amendment to the zoning
ordinance to revise Chapter 2 1.4 5, the Planned
Development Ordinance.
I.
That the
RECOMMENDATION
Planning Commission recommend APPROVAL of the Negative
Declaration issued by the Planning Director and ADOPT Resolution
No. 2568 recommending APPROVAL of ZCA-195.
11. PROJECT DESCRIPTION AND BACKGROUND
This zone code amendment proposes to revise the City's Planned
Development Ordinance, Chapter 21.45 of the Carlsbad Zoning
Ordinance. The existing Planned Development Ordinance was
approved in April 1982 and has been used since that time for the
vast majority of the residential projects approved in Carlsbad.
Recently, the Planning Commission has expressed concern about
some of the development standards in the Planned Development
Ordinance. Much of this concern has arisen due to the large
number of small lot, 3500 - 5000 square foot, single family
subdivisions that have recently been submitted for City approval.
This product type was not being proposed when the Planned
Development Ordinance was drafted. The standards of the existing
Planned Development Ordinance are sometimes difficult to apply to
this type of project. The Planning Commission established a
subcommittee to work with staff to review the Planned Development
Ordinance. This subcommittee and staff has met several times to
review and revise the ordinance. This review has mainly focused
on Section 21.45.090 - Development Standards. Other than a few
minor changes, the subcommittee and staff believes the other
sections of the ordinance do not need to be revised.
The attached Exhibit "A" shows the proposed revisions to the
Planned Development Ordinance. Portions of the ordinance that
are recommended for deletion are lined out, while new additions
are underlined. The following items were of particular concern
to the Planning Commission:
1. Incompatible densities caused by clustering of
2. Private street widths
3. Minimum sized single family lots
4. Guest Parking
5. Setbacks from arterial streets
6. Recreation requirements
development on the buildable portions of a site
13
Members of the Planning Commission sub-committee were especially
concerned about the use of the Planned Development Ordinance in
areas designated or zoned for single family development. There
was concern about the compatibility of clustered or attached
units adjacent to single family residences. An additional
requirement has been added to the Application section, 2 1.45.040
to address this concern.
This subsection requires that all applications for Planned
Developments on properties designated or zoned for single family
development shall be accompanied by a preliminary tentative map.
This map shall illustrate how may standard lots served by public
streets could fit on the site. The design of this preliminary
tentative map shall comply with all applicable City ordinances
and standards. It is then the applicant's responsibility to show
both graphically and in writing why the use of a Planned
Development Permit would result in a superior development. In
addition, if a Planned Development is used to develop the site
the density on the developed portion of the site must be
compatible with surrounding development.
This proposed revision will still allow for the use of Planned
Developments in single family areas. However it will:
1. Make it difficult to over develop a constrainted lot.
2. Require the project applicant to justify the use of the
Planned Development process.
3. Ensure that the proposed development was compatible with
surrounding single family development.
The Commission also expressed concern about narrow private
streets serving planned developments. The proposed revision has
divided streets serving single family residences from those
serving multi-family developments. Twenty-six foot wide private
streets will only be permitted when they serve twelve or less
single family residences. This proposed revision will also
increase the minimum width requirements of driveways serving more
than twenty multi-family dwelling units.
Development standards have also been established for small lot
single family detached subdivisions. The City has recently
received many applications for this type of project. The
proposed revision establishes a minimum size of 3,500 square feet
and a minimum width of 40 feet except for lots on curves and cul-
de-sac bulbs.
The proposed revision also eliminates credit for tandem guest
parking behind garages that have a 20 foot setback from the back
of sidewalk. The existing ordinance allowed for up to 20 percent
of guest parking to be provided as tandem parking. The only
exception to this prohibition will be for existing duplex lots.
-2-
The revised Planned Development Ordinance has established setback
requirements for future planned developments adjacent to
Circulation Element roadways; prime arterials, major arterials
and secondary arterials. Depending on the size of the arterial
either a SO', 40' or 30' setback from the right-of-way will be
required. Developers will be required to mound and landscape
this area to buffer units from noise generated by traffic on the
adjacent arterials.
The recreation requirements of the Planned Development Ordinance
has been revised and clarified. All small lot single family
subdivisions have been required to provide common as well as
private recreational facilities. Staff and the subcommittee felt
this was necessary since most small lot subdivisions only provide
minimal sized rearyards. All multi-family projects are required
to provide either a balcony with a minimum dimension of six feet or a patio with a minimum dimension of ten feet for each unit.
Multi-family projects have been required to provide common
active as well as private passive recreation areas.
The minimum separation between buildings has been modified. The
existing ordinance requires a minimum of ten feet between
buildings. The proposed revision would keep this standard for
the separation between two one-story buildings. However, a 15-
foot separation would be required between a one and two-story
building and a 20-foot separation would be required between two
or three-story buildings. This will help to alleviate some of
the crowded appearance characteristic of many small lot
subdivisions and multi-family developments.
The parking requirements for projects developed under this
ordinance have been revised to require all units except for
studio units, to provide two covered parking spaces. The old
ordinance required two spaces but only required one of them to
be covered. Staff and the subcommittee believed that ownership
units should have two covered parking spaces to help
differentiate them from apartment projects, most of which provide
at least one covered parking space per unit.
Recreational vehicle storage has been required for all projects
containing 10 units or more. This requirement was added, since
even small projects generate a need for RV storage.
The last section of the Planned Development Ordinance 21.45.230
has been eliminated. This section basically states that if an
applicant cannot comply with a section of the Planned Development
Ordinance due to unusual circumstances, they can apply for a
variance. This section is superfluous and has never been used.
If a site has unusual circumstances they can apply for a variance
under Chapter 21.50 which deals with variances.
-3-
,
In conclusion, the proposed revisions will not significantly
alter the existing Planned Development Ordinance. They will
basically strengthen and clarify the existing development
standards to:
1. Ensure compatible development with existing residences
and underlying zoning.
2. Modify the ordinance to deal with new and changing
product types.
3. Provide for high quality residential development with
adequate setbacks from arterial streets.
4. Provide development standards that will allow for
flexibility yet still ensure adequate access, parking
and recreational facilities are provided for all
Planned Developments.
Therefore, staff recommends approval of ZCA-195.
111. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
have significant impact on the environment and, therefore, has
issued a Negative Declaration on June 7 , 1986.
ATTACHMENTS
1. Planning Commission Resolution No. 2568
2. Exhibits "A", dated October 1 , 1986
3. Environmental Documents
MH : dm
9/12/86
-4-
Chapter 21.45
PLANNED DEVELOPMENT*
Sections:
21.45.010
21.45.020
21.45.030
21.45.040
21.45.050
21.45.060
21.45.070
21.45.071
21.45.072
21.45.073
21.45.074
21.45.080
21.45.090
21.45.100
21.45.110
21.45.120
21.45.130
21.45.140
21.45.150
21.45.160
21.45.170
21.45.180
21.45.190
21.45.200
21.45.210
21.45.220
21.45.230
Intent and purpose.
Planned development permit.
Permitted uses.
Application.
Transmittal to the Planning Commission.
Planning Commission action
City Council action.
Pub1 ic hearings
Required findings.
Appeal of Planning Commission decision.
Design guidelines manual.
Design criteria.
D ev e 1 opmen t s t and a r d s .
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.
Amendments.
Final map.
Final planned development plan.
Certification of occupancy.
Maintenance.
Failure to maintain.
Restriction on reapplication for a planned
development permit.
Variance.
21.45.010 Intent and purpose. The intent and purpose of
(1) Ensure that projects develop in accordance with the
(2 1 Allow flexibility in project design while providing
(3) Encourage creatively designed projects using the
the planned development regulations are to:
general plan and all applicable specific and master plans;
for essential development standards;
concepts contained in the city's adopted design policy as
contained in the design guidelines manual;
natural topography of the site, minimizes alterations to the land,
and maintains and enhances significant natural resources;
(4) Encourage development which is sensitive to the
* Prior ordinance history: Ords. 9459, 9493, 9535, 9568
and 9603.
Exhibit A
October 1, 1986
(5) Provide for projects which are compatible with
(6) Ensure that the project's circulation system is
surrounding developments;
designed to be efficient and well integrated with the overall
city circulation system and which does not dominate the project;
(7) Provide a method to approve separate ownership of
units within multiple-unit buildings or upon a parcel of land
containing more than one unit;
of planned unit development lots as defined in this title;
condominium subdivisions to insure that the quality of development
is reasonably consistent with other forms of development intended
for separate ownership;
( 10) Provide for conversion of existing developments to
condominiums, provided such conversion meets the intent of this
chapter and standards which apply to units constructed as
condominiums. (Ord. 9631 S2 (part), 1982).
(8) Provide for a method to approve separate ownership
(9) Regulate the design and location of buildings in
21 .45.020 Planned development permit. (a) A planned
development permit shall apply to residential projects only. The
City Council, Planning Commission or Planning Director, as
provided in this chapter may approve a permit for a planned
development in any residential zone or combination of zones
subject to the requirements thereof except as they may be modified
in accordance with this chapter. When approved, a planned
development permit shall become a part of the zoning regulations
applicable to the subject property.
state whether the applicant intends to to develop the project as a
planned unit development, condominium project, stock cooperative
project, community apartment project, or a combination thereof.
For purposes of this chapter, a planned unit development is
defined by Section 1103 of the Business and Professions Code of
the State, a condominium project is defined by Section 1350 of the
civil Code of the State, a stock cooperative project is defined by
Section 1103.2 of the Business and Professions Code of the State
and a community apartment project is defined by Section 11004 of
the Business and Professionas Code of the state. (Ord. 1256
§7(part), 1982; (3rd. 9631 §2(part), 1982).
(b) The application for a planned development shall
21.45.030 Permitted uses. Any princpal use, accessory
use, transitional use or conditional use permitted in the
underlying zone is permitted in a planned development. In
addition, the Planning Commission or City Council may permit
attached multi-family units as part of a planned development in
any single-family 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. (Ord. 9631 52(part), 1982).
_- A
21.45.040 Application. Applicaton for a permit for a
planned development shall be made in accordance with the proced-
ures set forth in this section:
be made by the record owner or owners of the property affected or
the authorized agent of the 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 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;
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;
buildings to a planned development, the plans shall reflect the
existing buildings and show all proposed changes and additions.
(Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982).
designated or zoned for single family development shall be
accompanied by a preliminary tentative map. This map shall
illustrate how many standard lots conforming to applicable zoning
and subdivision standards served by public streets could fit on
the site. The design of this preliminary tentative map shall
comply with all applicable City ordinances and standards except
for the design standards of this chapter. The applicant shall
also submit maps, diagrams, plans and a report showing that the
proposed planned development will result in superior residential
development consistent with the purpose and intent of this
chapter. The density on the developed portion of the planned
development site shall be similar to and compatible with
surrounding development.
(1) An application for a planned development permit may
(3) The application shall be accompanied by a tentative
(4) If the applicant contemplates the construction of a
(5) If the applicant proposes to convert existing
(6) Applications for Planned Developments on properties
21.45.050 Transmittal to the Planning Commission. The
Planning 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 may be
considered by the Planning Commission concurrent with their
consideration of any related discretionary permit. (Ord. 1256
§7(part), 1982; Ord. 9631 §2(part), 1982).
21.45.060, Planning Commission action. The Planning
Commisssion shall hold a public hearing on all planned development
permits. For all planned development permits with fifty or fewer
units or lots, the Planning Commission shall approve,
conditionally approve or disapprove the permit. For all planned
development permits with more than fifty 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. (Ord. 9631 §2(part), 1982).
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 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. (Ord. 9631
§2(part), 1982).
21.45.071 Public hearins. Whenever a public hearing is
required by this chapter, notice of the hearing shall be given as
provided in Chapters 21.52 and 21.54 of this code. When the
hearing on a planned development permit is consolidated with the
hearing on a tentative map under the provisions of Section
21.45.050, notice shall satisfy the requirements of both this
chapter and Title 20 of this code. (Ord. 9631 SZ(part1, 1982).
21.45.072 Required findings. (a) The Planning
Commission or City Council shall approve or conditionally approve
a 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 this code, the general plan,
applicable specific plans, master plans, and all adopted plans of
the city and other governmental agencies;
necessary and desirable to provide a service or facility which
will contribute to the long term general well-being of the
neighborhood and the community;
safety or general welfare of persons residing or working in the
vicinity, or injurious to property or improvements in the
vicinity;
the minimum development standards set forth in Section 21.45.090:
the design criteria set forth in Section 21.45.080 and has been
designed in accordance with the concepts contained in the design
guide 1 ines manual ;
to and blend in with the natural topography of the site;
significant natural resources on the site;
(2) The proposed use at the particular location is
(3) Such use will not be detrimental to the health,
(4) The proposed planned development meets all of
(5) The proposed planned development meets all of
(6) The proposed project is designed to be sensitive
(7) The proposed project maintains and enhances
(8) The proposed project's design and density of the
developed portion of the site is compatible with surrounding
development and does not create a disharmonious or disruptive
element to the neighborhood;
(9) The proposed project's circulation system is
designed to be efficient and well integrated with the project and
does not dominate the project.
(b) In granting a planned development permit, the
Planning Commission or City Council may modify the plan or impose
such conditions as it deems necessary to protect the public
health, safety and general welfare. Any development standards of
the underlying zone in which the property is situated, including
yards, parking, coverage, signs, fences and walls, may be modified
by the Planning Commission or City Council as necessary to
accomplish the purposes of this chapter. (Ord. 9631 §2(part),
1982).
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 2 1.45.140 with respect to a planned development permit, to
the City Council.
within ten days after the action of the Planning Commission from
which the appeal is being taken.
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.
consistent with the provisions of this chapter and shall be
supported by appropriate findings.
the time limits specified in this section, the appeal shall be
deemed denied. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part),
1982).
Any such appeal shall be filed with the City Clerk
Upon the filing of an appeal, the City Clerk shall set
(b) The decision of the City Council shall be
(c) If the City Council fails to act on an appeal within
21.45.074 Design guidelines manual. The City Council
shall 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 project which is
inconsistent with the design guidelines shall be approved.
(Ord. 9631 §Z(part) , 1982).
21.45.080 Design criteria. The planned development
shall observe the following design criteria:
(1) The overall plan shall be comprehensive,
imaginative 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;
space, circulation, 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;
(3) The proposed development shall be compatible with
existing and planned surrounding land uses and with circulation
patterns and open space on adjoining properties. It shall not
constitute a disruptive element to the neighborhood or community;
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 activitiy and function of any common
areas and facilities as indicated in the design guidelines
manual;
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;
(6 1 Architectural harmony within the development and
within the neighborhood and community shall be obtained so far as
practicable. (Ord. 9631 §2(part) , 1982).
(2) The plan shall provide for adequate usable open
(4) The internal street system shall not be a dominant
(5) Common areas and recreational facilities shall be
21.45.090 Development standards. In addition to the
general provisions of this title, the requirements of the
underlying zones and this chapter , a planned development shall
comply with the following standards:
development shall not exceed the density permitted by the
underlying zone. The density regulations of the underlying zone
may be applied to the total developable area of the planned
development rather than separately to individual lots. In no
cases shall the density be inconsistent with the general plan.
The density on the developed portion of the site shall be
compatible with surrounding development. 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 designtion to another.
(a) Density. The number of dwelling units in a planned
(b) Setbacks.
(1) Arterials. All units adjacent to any road
shown on the Circulation Element of the General Plan shall
maintain as a minimum the following setbacks from the right-of-
way:
Prime Arterial 50
Major Arterial 40 Secondary Arterial 30'
This setback shall be mounded and landscaped to
(2) Front Yard. The front yard setback for single
buffer residential units from traffic on the adjacent arterials.
family dwellings shall be twenty feet; however, setbacks may be
varied to a fifteen-foot average with a ten-foot minimum. Garages
with entries that face directly onto a public or private street
shall maintain a minimum setback of twenty feet. The front yard
setback from a private driveway, as defined in subsection (h), may
be reduced to five feet provided that guest parking is dispersed
along the entire driveway or that the width of the driveway is
adequate to accommodate parking on one side. Garages facing
directly onto a private driveway that have less than a twenty-foot
setback shall be equipped with an automatic garage door opener.
All multifamily units fronting on a public or private street shall
maintain a minimum of a 20' front yard setback. Garages that face
onto a private driveway serving an attached multifamily project
may have a five foot setback provided that guest parking is
dispersed along the entire driveway or that the width of the
driveway is adequate to accommodate parking on one side. In this
case all garaqes shall be equipped with automatic garage door
oDeners.
The front yard setback shall be measured from
the right-of-way line in the case of a public street and from the
edge of the driveway, curb or sidewalk, whichever is closer to the
structure subject to the setback, in the case of a private street
or private driveway.
substantial setback variation from a private or public street as
shown in the design manual and shall not be construed to allow a
uniform fifteen-foot setback. The modifications in setback shall
not be allowed where there is the potential for adverse traffic or
visual impacts. At least 40% of the frontyard setback of detached
single family residences shall consist of landscaping.
(3) Corner Lots. Corner lots shall have a ten-foot
side yard setback from the street, unless the garage faces onto
the street side yard, in this instance a twenty foot setback shall
be maintained to the garage.
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.
(5) The distance between single story structures
shall not be less than ten feet. The distance between two and
three story structures shall not be less than twenty feet. The
distance between two story and one story structures shall not be
less than fifteen 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 Mfz :=,, feet this area, the reuuired setback
between buildings. 43pssbi2~ -27 f.-~o.m f1-as-s
It is the intent of this section to provide
(4) All setbacks shall be measured from the
eF +h-. Second and third story open balconies or eave
23
projections over driveways are allowed if such intrusions do not
inhibit traffic circulation, provision of safety, sanitary or
other services or are not compatible with the design of the
project.
full-sized covered residential parking spaces, BR~ sf &&&+w-&
Be-, 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 space is
required, the required number of spaces shall be rounded to the
nearest highest whole number.
(d) Visitor Parking
(c) Resident Parking. All units must have at least two
(1 ) Visitor parking shall be provided as follows:
No. of Units Amount of Visitor Parkin9
10 dwelling units or less 1 space for each 2
dwelling units or fraction
thereof.
Greater than 10 dwelling 5 spaces for the 10 units,
units plus 1 space for each 4
dwelling units above 10 or
fraction thereof.
(2) Up to forty-five percent of the visitor parking
may be provided as compact spaces (eight feet by fifteen feet).
No guest parking credit shall be given for tandem parking in front
of garages except for existing duplex lots. These existing lots
may provide their required guest parking space as a tandem parking
space in front of the garage if the garage is setback a minimum of
twenty feet from the front property line.
frontage on adjacent local streets for detached single-family or
duplex projects subject to the approval of the Planning
Commission; not less than twenty-four feet lineal feet per space
exclusive of driveway entrances and driveway aprons shall be
provided for each parking space, except where parallel parking
spaces are located immediately adjacent to driveway aprons , then
twenty lineal feet may be provided. Streets used for on street
visitor parking must meet or exceed the city's minimum width
(3) Credit for visitor parking may be given for
requirements.
(e) Building setbacks from open parking areas shall not
be less than five feet.
(f) Screening of Parking Areas. All open parking areas
*C C. "L LI shall be screened from adjacent
residences and public rights-of-way by either a view-obscuring
wall or landscaping subject to the approval of the Planning
Director.
a4
(a) RecreLlional mace.
(1) Open Space areas designated for recreational use shall be
provided for all residential developments at a ratio of 200 square feet per
unit.
with a minimum size of seven thousand five hundred (7,500) square feet, shall
provide both common and private recreational facilities.
density allowed by their general plan designation shall provide common active,
~ll projects except for those in which all dwelling units are on lots
(2) Multi-family projects requesting approval above the minimum
as well as private passive recreational facilities.
(3) Active common recreational facilities include, but are not
limited to the followina:
(A) Spa,
(B) Sauna,
(C) Cabana (including restroom facilities),
(D) Swimmina -01,
(E) Tennis Court,
(F) Shuffleboard court,
(GI Racquetball court,
(HI Vollevball court. .. * (1) Recreation rooms or buildinas with anv two of the followina
items:
(i) Cardroom,
(ii) TV room,
(iv) Restrooms.
(iii) Weight-lifting/exercise room,
(VI Lounging area,
(vi) Ping pong table,
(viii) Kitchen facilities,
(vii) Pool table,
(ix) Wet bar.
(4) Passive common recreational facilities include but are not .. ~
limited to the following:
(A) Benches,
(B) Barbeuues,
(C) Restrooms,
(D) Sun decks (excluding lawn areas),
(E) Children's Dlav areas.
(FI Horseshoe Dits.
(GI Flat grassy playareas with a slope of less than 15%.
(5) The minimum lineal dimension of an open/recreational space shall
(6) All multifamilv Droiects develoDed under this ordinance shall
be at least ten feet.
provide either a balcony with a minimum dimension of six feet or a patio with a
minimum dimension of ten feet for each dwelling unit.
(7) To count towards satisfvins recreation reauirements. Private
yards shall have a minimum dimension of fifteen feet with a slope not greater
than fifteen percent.
(8) Credit for common indoor recreation facilities shall not exceed
fifty percent of the required recreation area.
(9) Required recreation areas shall not be situated in any required
front yard, unless the Planning Commission or City Council finds it to be an
integrated feature of the project and that it will not create a disruptive
element to the neighborhood.
(10) SDecificallv excluded from meetina the usable oDen/recreational
space requirement are driveways, parking areas, pedestrian walkways, storage
areas, fenced areas which are inaccessible to residents, slopes over 15%, and
any other areas deemed not to be primarily used for open/recreational purposes
bv the Plannina Commission or Citv Council.
(h) Streets.
(1) Private streets may be permitted within a
planned unit development, provided their width and geometric
design are related to the function, topography and needs of the
development, and their structural design, pavement and
construction comply with the requirement of the city's street
improvement standards. The Planning Commission and City Council
shall determine the width of private streets which shall in no
event be less than the minimum standards of this section.
Pavement widths between curbs of private streets shall be not
less than the following:
Type of Street
2 lanes, parking on both sides
2 lanes, parking on one side
2 lanes. no Darkinu. servina
twelve units or less with off
street guest parking bays
Multifamilv Attached
Type of Street
Minimum Width
36 feet
32 feet
30 feet
Minimum Width
NO DarkinU shall be Dermitted on Private drivewavs.
.- Cart L .-Ub.-, kew-+-+-
-A:: i= =.ll* (i) Lighting. Lighting adequate for pedestrian and
vehicular safety and sufficient to minimize security problems
shall be provided.
for each unit.
(j) Utilities. There shall be separate utility systems
(kl Recreational Vehicle Storage.
(nY----"-C---+-b-~~pmefte4-w~ -Pe
2d
(h) Streets.
(1) Private streets may be permitted within a
planned unit development, provided their width and geometric
design are related to the function, topography and needs of the
development, and their structural design, pavement and
construction comply with the requirement of the city's street
improvement standards. The Planning Commission and City Council
shall determine the width of private streets which shall in no
event be less than the minimum standards of this section.
Pavement widths between curbs of private streets shall be not
less than the following:
Single Family or Duplex
Type of Street Minimum width
2 lanes, parking on both sides
2 lanes, parking on one side
2 lanes, no parking, serving
twelve units or less with off
street guest parking bays
36 feet
32 feet
26 feet
Multifamily Attached
Type of Street Minimum Width
Private driveways serving
forty units or more
Private driveways serving
twenty unit to forty units
Private driveway serving
nineteen units or less
30 feet
26 feet
24 feet
No parking shall be permitted on private driveways.
42? ?. ',-,rkatc ikcrew-;." ir = yi-?a+-
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(i) Lighting. Lighting adequate for pedestrian and
vehicular safety and sufficient to minimize security problems
shall be provided.
for each unit.
(j) Utilities. There shall be separate utility systems
(k) Recreational Vehicle Storage.
(L! s3teep-t fcx ;'.-at= Wki-h ==a
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I
-1 111 u* I&& -. All projects containing ten r+q+bs&4 H- citt
units or more shall provide space to store campers, trailers,
boats, etc. 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. Developments located in areas covered by a Master
Plan may have this requirement satisfied by the common
recreational vehicle storage area provided by the Master Plan.
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 two hundred square feet shall be provided.
The storage space shall be screened from view by a view-obscuring
fence, wall or landscaping.
The storage space may be offsite of the planned
development, provided the property to be used as storage is part
of the application for the planned development permit and that no
other development may occur on this property without an amendment
to such permit. The Planning Commission or City Council must
find evidence that such off-site storage is suitable and not
detrimental to the surrounding properties of such storage area.
or city council finds that the planned development provides that
each lot will have satisfactory storage on the lot and such
storage is compatible with the area. Such storage shall be a
minimum of two hundred square feet in area for each lot and shall
have access for vehicles.
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
(2) The storage of recreational vehicles shall be
(1) Storage Space. Separate storage space of at least
four hundred eighty cubic feet in area shall be provided for each
unit. If all of the storage for each unit is provided in one
area, this requirement may be reduced to three hundred ninety-two
cubic feet. This space shall be separately enclosed for each
unit, meet building code requirements, and be conveniently
accessible to the outdoors. The storage space may be designed as
an enlargement of the required covered parking structure, provided
it does not extend into the area of the required parking stall.
This requirement is in addition to closets and other indoor
storage areas that are normally part of a residential dwelling
unit.
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.
(m) Refuse Areas. Centralized refuse-pickup areas may
(n) Antennas. No individual antennas shall be
permitted. Each project shall have a master antenna or a cable
television hookup.
ii-eW?~~-k the
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L\ 4n Ll, Id (01 Planned unit development lots. For planned unit
developments as defined herein, lots that do not meet the
requirements of Title 20 of the underlying zone may be approved.
However, lots with single family detached homes shall comply with
the following criteria:
(1) Minimum lot size: 3500 sq. ft.
(2) Minimum street frontage on linear or semi-
(3) Minimum frontage on sharply curved streets or
(4) Frontage on cul-de-sac bulbs may be reduced to
linear streets: 40 feet.
cul-de-sacs: 35 feet, with an average of forty feet.
a minimum of 25' if guest parking (that does not directly back out
onto street) is provided near the end of the cul-de-sac. Also, lots with frontaaes less than 30' must reach a width of 35' at
some point near the middle of the lot.
21.45.100 Conversion of existing buildings to planned
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.
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
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.
(c) An application to convert an existing building to a
stock cooperative shall be approved, conditionally approved or
disapproved within one hundred twenty days following receipt of a
completed application. (Ord. 9631 §2(part), 1982).
(b) An application for conversion of an existing
21.45.110 Notice to tenants of existing buildings beinq
converted to planned developments. In addition to all other
required findings for a subdivision, the City Council shall find
that:
planned development, community apartment or stock cooperative
project has been or will be given one hundred eighty days' written
(1 1 Each of the tenants of the proposed condominium,
' ,\ i
notice of intention to convert prior to termination of tenancy due
to the conversion or proposed conversion. The provisions of this
subdivision shall not alter or abridge the rights or obligations
of the parties in performance of their covenants, including, but
not limited to the provisions of services, payment of rent or the
obligations imposed by Sections 1941, 1941.1 and 1941.2 of the
Civil Code;
(2) Each of the tenants of the proposed condominium,
planned development, community apartment or stock cooperative
project has been or will be given notice of an exclusive right to
contract for the purchase of their respective units upon the same
terms and conditions that such units will be initially offered to
the general public or terms more favorable to the tenant. The
right shall run for a period of not less than ninety days from the
date of issuance of the subdivision public report pursuant to
Section 11018.2 of the Business and Professions Code, unless the
tenant gives prior written notice of his intention not to exercise
the right, (Ord. 9631 SZ(part1, 1982).
shall provide relocation assistance equal to one month's rent to
any residential tenant who relocates from the building to be
converted after receipt from the subdivider of the notification
required by this chapter, except when the tenant has given notice
of his intent to vacate prior to receipt of the notification from
the subdivider. Relocation assistance shall be provided no later
than fifteen days following the subdivider's receipt of
notification from the tenant of the tenant's intent to vacate
unless other arrangements are made in writing between the tenant
and the subdivider. (Ord. 9631 52(part), 1982).
21.45.120 Tenant relocation expenses. The subdivider
21.45.130 Expiration, extension, revisions. The
expiration, extension or revision of a planned development of
five or more lots or units shall be governed by the provisions of
Sections 20.12.100, 20.12.110 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 of four or less lots or units shall be governed by
the provision of Sections 20.24.160, 20.24.180 and 20.24.080 of
this code. ((3rd. 9631 52(part), 1982: Ord. 9603 §8(part), 1981;
Ord. 9510 51, 1978; Ord. 9459 52(part), 1976).
21.45.140 Approval of projects of four units or less by
Planning Director. (a) Planned developments with four or less
units shall be approved in accordance with the provisions of this
section.
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 disapprove the
permit. The Planning Director shall approve or conditionally
approve a permit if he makes all of the findings specified in
Section 21.45.072. The Planning Director's decision may be
appealed in accordance with the procedures of Section 21.45.073
of this chapter.
(b) A site plan and elevations for such projects which
32
(c) An application for a site plan shall be accompanied
by 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.
the City Council of all planned development permits issued
pursuant to this section. (Ord. 1256 §7(part), 1982; Ord. 9631
S2(part), 1982: Ord. 9603 S9, 1981, Ord. 9459 §2(part), 1976).
(d) The Planning Director shall make a monthly report to
21.45.150 Cancellation of a planned development permit.
A planned development permit may be cancelled at any time prior to
the commencement of construction. Cancellation may be initiated
by the owner of the property covered by the permit by means of a
written communication, signed by all interested parties, directed
to the Planning Director in the office of the Planning Department.
Said correspondence shall also include a request to cancel the
tentative map affecting the property. The Planning Director shall
inform the City Council of all such communications. The permit
shall become void one hundred twenty days after receipt of the
communication in the office of the Planning Department. (Ord.
1256 SS7(part) and 13(part), 1982: Ord. 9631 §2(part), 1982:
(3rd. 9459 §2(part), 1976).
21.45.160 Amendments. (a) Amendments to a planned
development permit may be initiated by the property owner or
authorized agent as follows:
to 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;
amendment minor in nature, the additional gaphics, 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;
(1) A request for an amendment shall be submitted
(2) If the Planning Commission considers the
(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 Cornmission
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;
(4) If a public hearing is required, the applicant
33
(5) A fee as specified by City Council resolution
is required for all property within the portion of the planned
development to be amended;
development permit for which a hearing is required shall be
processed , heard and determined in accordance with the provisions
of this chapter applicable to the adoption of a planned
development permit.
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. (Ord. 1256 S13(part), 1982; Ord. 9631
§2(part) , 1982).
(6) An application for an amendment of a planned
(b) The City Council may by motion initiate an
21.45.170 Final map. Building permits for construction
within the proposed planned development shall not be 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. A maximum of six model-home units
may be constructed in a complex if approved as a part of the
planned development permit prior to recordation of the final map,
provided that adequate provisions acceptable to the Planning
Director and City Attorney are made guaranteeing removal of such
complex if the final map is not recorded. (Ord. 1256 §7(part),
1982; Ord. 9631 SZ(part1, 1982).
21.45.180 Final planned development plan. (a)
Building permits for construction within the proposed planned
development shall not be issued until the applicant has filed and
secured approval of a final planned development plan;
submitted to the Planning Director prior to the expiration of the
tentative map or tentative parcel map including within the period
of time of any extensions on the map. The plan shall reflect all
required revisions and refinements. The final planned development
plan shall include:
sewerage and drainage systems , walkways, fire hydrants , parking
areas and storage areas. The plan shall include any off-site
work necessary for proper access, or for the proper operation of
water, sewerage or drainage system;
(b) The final planned development plan shall be
( 1 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
(5) A plan for lighting of streets, driveways,
parking areas and common recreation areas.
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
(c) Where a planned development contains any land or
declaration shall set forth provisions for maintenance of all
common areas, payment of taxes and all other privileges and
responsibilities of the common ownership, and shall be reviewed
by and subject to approval by the Planning Director and City
Attorney.
for a portion of the development, provided the City Council
approved the construction phases as part of the permit and
subdivision map 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.
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. (Ord. 1256 §7(part), 1982; Ord. 9631 §2(part), 1982).
(d) A final planned development plan may be submitted
(e) The Planning Director shall review the plan for
21.45.190 Certification of occupancy. A certification
of occupancy shall not be issued for any structure in a planned
development until all improvements required by the permit have
been completed to the satisfaction of the City Engineer, Planning
Director and Director of Building and Housing. (Ord. 1256 §4,
1982: Ord. 9631 §2(part), 19821.
21 .45,200 Maintenance. All private streets, walkways,
parking areas, landscaped 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.
(Ord. 9632 §2(part) , 1982).
21,45.210 Failure to maintain. (a) All commonly owned
land, improvements and facilities shall be preserved and
maintained in a safe condition and in a state of good repair. Any
failure to so maintain is unlawful and a public nuisance
endangering the health, safety and general welfare of the public
and a detriment to the surrounding community.
the abatement, removal and enjoinrnent 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,
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
(b) In addition to any other remedy provided by law for
(c) The notice shall be in writing and mailed to all
. ,\ '
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.
(d) The notice shall particularly specify the work
required to be done and shall state that if the work is not
commenced within five days after receipt of such notice and
diligently and without interruption prosecuted to completion, the
City shall cause such work to be done, in which case the cost and
expense of such work, including incidental expenses incurred by
the City, will be assessed against the property or against each
separate lot and become a lien upon such property.
provided for in subsection (a), the work has not been done, or
having been commenced, is not being performed with diligence, the
City Engineer shall proceed to do such work or cause such work to
be done. Upon completion of such work, the City Engineer shall
file a written report with the City Council setting forth the fact
that the work has been completed and the cost thereof, together
with a legal description of the property against, which cost is
to be assessed. The City Council shall thereupon fix a time a
place for hearing protests against which the cost is to be
assessed. The City Council shall thereupon fix a time and place
for hearing protest against the assessment of the cost of such
work. The City Engineer or the City Clerk, if so directed by the
Council, shall thereafter give notice in writing to the owners of
the project in the manner provided in subsection (c) of the hour
and place that the City Council will pass upon the City
Engineer's report and will hear protests against the assessments.
Such notice shall also set forth the amount of the proposed
assessment.
(f) Upon the date and hour set for the hearing of
protests, the City Council shall hear and consider the City
Engineer's report and all protests, if there are any, and then
proceed to confirm, modify or reject the assessments.
City 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:
(e) If upon the expiration of the five-day period
(g) A list of assessments as finally confirmed by the
NOTICE OF LIEN
Pursuant to Chapter 21.45, Title 21, of the Carlsbad
Municipal Code (Ordinance No. 1, the City of Carlsbad
did on the day of I 19- , cause maintenance
and report work to be done in the Planned Development
project known as which was
constructed under Planned Development Permit No. , for
the purpose of abating a public nuisance and enforcing
compliance with the terms of said permit, and the Council of
the City of Carlsbad did on the day of
assess , 19 , by its Resolution No. the cost or portion of the cost thereof upon the real
property hereinafter described, and the same has not been
paid nor any part thereof, and the City of Carlsbad does
hereby claim a lien upon said real property until the same
sum with interest thereon at the maximum rate allowed by law
from the date of the recordation of this instrument has been
paid in full and discharged of record. The real property
hereinbefore mentioned and upon which a lien is hereby
claimed is that certain parcel of land in the City of
Carlsbad, County of San Diego, State of California, County
of San Diego, State of California, particularly described as
follows:
(Description of property)
Dated this day of I 19
City Clerk, City of Carlsbad.
(h) From and after the date of recordation of such
notice of lien, the amount of the unpaid assessment shall be a
lien on the property against which the assessment is made, and
such assessment shall bear interest at the maximum rate allowed
by law until paid in full. The lien shall continue until the
amount of the assessment and all interest thereon has been paid.
The lien shall be subordinate to tax liens and all fixed special
assessment items previously imposed upon the same property, but
shall have priority over all contractual liens and all fixed
special-assessment liens which may thereafter be created against
the property. From and after the date of recordation of such
notice of lien, all persons shall be deemed to have notice of the
contents thereof. (Ord. 9631 §2(part), 1982).
21.45.220 Restriction on reapplication for a planned
development permit. No application for a planned development
permit on the same property or essentially the same property for
which a permit has been denied by the City Council shall be
accepted within twelve months of such denial. This provision may
be waived by the affirmative vote of a majority of the
City Council. (Ord. 9631 §2(part), 1982).
I '7
I. *
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFlCE
1200 ELM AVENUE CARLSBAD, CA 92008-1989
(619) 438-5591
Citp of 4Csrlsbab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad.
PROJECT DESCRIPTION:
tne Planned Development Ordinance.
Zone code amendment to revise Chapter 21.45,
The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of tne California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not
nave a significant impact on tne environment) is hereby issued for the subject project. Justification for tnis action is on file in the P1 anning Department.
A copy of tne Negative Declaration witn supportive documents is on
file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad,
CA., 92008. Comments from tne public are invited. Please submit comments in writing to the Planning Department witnin ten (10) days of date of issuance.
DATED: June 11, 1986
CASE NO: ZCU-195
APPLICANT: City of Carl sbad
PUBLISH WTE: June 11, 1986
P1 anning Director
ND4 11/85
Agenda Bill, Page 23
Revise Section 21.45.090( b) (5) to read as follows (new wording
underlined) :
(5) The distance between single story structures shall not be less than ten feet. When more than ten structures
in a row front or back on a street, the distance between two and three story structures shall not be less than twenty feet and the distance between two story and one
story structures shall not be less than fifteen feet.
NOTICE OF PUBLIC HEARING
ZCA-19 5
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, November 18, 1986, to consider an amendment to the Zoning
Ordinance to revise Chapter 21.45, the Planned Development Ordinance.
If you have any questions, please call the Planning Department at 438-1161.
If you challenge the Zone Code Amendment is court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Carlsbad at or prior
to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH : November 8, 1986 CARLSBAD CITY COUNCIL
I, * NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission 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 Wednesday, October 1, 1986, to consider approval of
an mendment to the Zoning Ordinance to revise Chapter 21.45, the Planned
Development 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 438-1 161.
If you challenge the Zone Code Amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Carlsbad at
or prior to the public hearing.
CASE FILE: ZCA-195
APPLICANT: CITY OF CARLSBAD
PUBLISH: September 20, 1986
CITY OF CARLSBAD PLANNING OOMMISSION
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345
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
newsoaoer and not in anv suodement thereof on NOTICE OF PUBLIC HEARING ZCA-195
NOTICE IS HEREBY GIVEN that the City Council of the City ofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue. Carlsbad. California. at 600 P.M., on Tuesday, November 18,1988, to consider an amentlnient to the Zoning Ordinance to mvim Chapter 2f4S, the Pianned De- velovment Omlina'nce.'j * if iou have any questions, please Cali the Planning Department at 438-1161. *' If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues y6u or someone else raid at the public hearing described in this notice. or in fritten correapon- dence delivered to the City ofCarls- bad at or prior to the public baring Applioont: City of Carlsbad -BAD CITY COUNCIL CJ 4391: November 8.1986
I, , 1. the following dates, to-wit:
November 8, 86 ................................. 19 ....
................................. 19 ....
................................. 19 ....
................................. 19 ....
.......................... ... 19
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego, State of California on the 8th
day of Nnxr~mb~r 1986