HomeMy WebLinkAbout1991-07-15; City Council; 791-7; Northeast Quadrant park ImpactsPA*KS & RECREATION COMMISSION - AGENDA BILL
DEPT.
TITLE: NORTHEAST QUADRANT PARK
IMPACTS (ACTION)
RECOMMENDED ACTION:
Direct staff to contact the Planning Department and recommend the encouragement for
types of recreational amenities within future Planned Unit Developments (PUD's)
surrounding Calavera Hills Community Park which would help reduce the impact of
similar facilities currently provided for at the park site. In addition, direct staff to further
evaluate potential opportunities for park enhancement in the northeast quadrant with the
Planning Department, the Financial Manager, the Growth Management Division and
Engineering Department.
ITEM EXPLANATION:
Commissioner Finilla requested the issue of future recreational impacts at Calavera Hills
Park due to further growth surrounding the park site be discussed by the Commission.
Although Calavera Hills Community Park is not currently at an excessive demand level for
recreational use, at certain peak use times, the park and its amenities is highly impacted
by recreational users. Future development within close proximity to the park site is
anticipated to create in excess of 1,000 additional dwelling units (Exhibit 1). The
population created by this development will, in all likelihood, have a negative impact on
the park site in terms of high recreational use. However, a majority of the dwelling units
will be created as part of a Planned Unit Development (PUD). One of the requirements
of a PUD is the inclusion of recreational amenities by the developer (Exhibit 2).
In staffs opinion, the types of amenities which would have the highest impact of use at the
park site from an increased population would be:
Barbecue and picnic facilities
Outdoor basketball courts
Tennis courts
Open play areas
• Tot lot
Meeting and class rooms
Parking
The aforementioned recreational amenities, with the exclusion of parking, are typically the
types of facilities which developers could provide within their PUD's to meet the
recreation space requirements (Exhibit 2). Typically, in dialogue with the Planning
Department, developers rely upon staff to provide information relative to the types of
recreation amenities which would best meet the needs of the community. If. this
information is passed along to the Planning Department, their recommendations for
inclusion of these facilities within future PUD's would ease future impacts from population
growth on Calavera Hills community park.
o 3
PAGE 2, AB #.
In terms of the City's ability to require additional park acreage from developers in an
effort to increase the existing and/or future park acreage within the northeast quadrant,
staff would recommend that this issue would need to be further evaluated with the Growth
Management division, Planning and Engineering Departments, as well as the Financial
Manager.
FISCAL IMPACT;
None at this time.
EXHIBITS;
1. Calavera Hills Master Plan Land Use/Development Standards
2. Municipal Code Chapter 21.45 Planned Development (Refer to page 714)
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- 21.45.010
Chapter 21.45
PLANNED DEVELOPMENT*
Sections:
21.45.010 Intent and purpose.
21.45.020 Planned development permit.
21.45.030 Permitted uses.
21.45.040 Application.
21.45.050 Transmittal to the planning
commission.
21.45.060 Planning commission action.
21.45.070 Cry council action.
21.45.071 Public hearings.
21.45.072 Required findings.
21.45.073 Appeal of planning commission
decision.
21.45.075 Design guidelines manual.
21.45.080 Design criteria.
21.45.090 Development standards.
21.45.100 Conversion of existing
buildings to planned
developments.
21.45.110 Notice to tenants of existing
buildings being converted to
planned developments.
21.45.120 Tenant relocation expenses.
21.45.130 Expiration, extension,
revisions.
21.45.140 Approval of projects of four
units or less by land use
planning manager.
21.45.150 Cancellation of a planned
development permit.
21.45.160 Amendments.
21.45.170 Final map.
21.45.180 Final planned development
plan.
21.45.190 Certification of occupancy.
21.45.200 Maintenance.
21.45.210 Failure to maintain.
21.45.220 Restriction on reapplication for
a planned development permit.
•Pnor ordinance history: Ords. 9459. 9493. 9535 9563 and 9603.
21.45.010 Intent and purpose.
The intent and purpose of the planned devel-
opment regulations are to:
(1) Ensure that projects develop in accord-
ance with the general plan and all applicable
specific and master plans:
(2) Allow flexibility in project design while
providing for essential development standards:
(3) Encourage creatively designed projects
using the concepts contained in the city's
adopted design policy as contained in the design
guidelines manual;
(4) Encourage development which is sensitive
to the natural topography of the site, minimizes
alterations to the land, and maintains and
enhances significant natural resources:
(5) Provide for projects which are compatible
with surrounding developments:
(6) Ensure that the project's circulation sys-
tem is designed to be efficient and well integrated
with the overall city circulation system and
which does not dominate the project:
(7) Provide a method to approve separate
ownership of units within multiple-unit build-
ings or upon a parcel of land containing more
than one unit:
(8) Provide for a method to approve separate
ownership of planned unit development lots as
defined in this title:
(9) Regulate the design and location of build-
ings in condominium subdivisions to insure that
the quality of development is reasonably consis-
tent with other forms of development intended
for separate ownership:
(10) Provide for conversion of existing devel-
opments to condominiums, provided such con-
version meets the intent of this chapter and
standards which apply to units constructed as
condominiums. (Ord. 9631 § 2 (pan), 1982)
21.45.020 Planned development permit.
(a) A planned development permit shall
apply to residential projects only. The city coun-
cil, planning commission or land use planning
709
EXHIBIT 2
21.45.020
manager, as provided in this chapter may
approve a permit for a planned development in
any residential zone or combination of zones
subject to the requirements thereof except as
they may be modified in accord with this chapter.
When approved, a planned development permit
shall become a part of the zoning regulations
applicable to the subject property.
(b) The application for a planned develop-
ment shall state whether the applicant intends to
develop the project as a planned unit develop-
ment, condominium project, stock cooperative
project, community apartment project, or a
combination thereof. For purposes of this chap-
ter, a planned unit development is defined by
Section 11003 of the Business and Professions
Code of the state, a condominium project is
defined by Section 1350 of the Civil Code of the
state, a stock cooperative project is defined by
Section 1103.2 of the Business and Professions
Code of the state and a community apartment
project is defined by Section 11004 of the Busi-
ness and Professions Code of the state. (Ord.
9823 § I, 1987; Ord. 1256 § 7 (part), 1982; Ord.
9631 §2 (part), 1982)
21.45.030 Permitted uses.
Any principal use, accessory use, transitional
use or conditional use permitted in the underly-
ing zone is permitted in a planned development.
In addition, the planning commission or city
council may permit attached multifamily units
as part of a planned development in any single-
family zone if they find that the units are devel-
oped in a manner that is compatible with sur-
rounding land uses, will not create a disruptive or
adverse impact to the neighborhood and are con-
sistent with the purpose and intent of the under-
lying zone. (Ord. 9631 § 2 (part), 1982)
21.45.040 Application.
Application for a permit for a planned devel-
opment shall be made in accordance with the
procedures set forth in this section:
(1) An application for a planned development
permit may be made by the record owner or
owners of the property affected or the authorized
agent of the owner or owners. The application
shall be filed with the land use planning manager
upon forms provided by him. The application
shall state fully the reasons a planned develop-
ment is a proper method to develop the property
and shall be accompanied by adequate plans
which allow for detailed review pursuant to this
chapter, a legal description of the property and all
other materials and information specified by the
land use planning manager,
(2) At the time of filing the application the
applicant shall pay a processing fee in an amount
specified by city council resolution;
(3) The application shall be accompanied by a
tentative map which shall be filed with the land
use planning manager in accordance with pro-
cedures set forth in Chapter 20.12 of this code. If
the project contains four or less lots or units, the
application shall be accompanied by a tentative
parcel map which shall be filed with the city
engineer in accordance with procedures set forth
in Chapter 20.24 of this code.
(4) If the applicant contemplates the
construction of a planned development in
phases, the application shall so state and shall
include a.proposed phasing schedule;
(5) If the applicant proposes to convert exist-
ing buildings to a planned development, the
plans shall reflect the existing buildings and show
all proposed changes and additions.
(6) Applications for planned developments
on properties designated or zoned for single-fam-
ily development shall be accompanied by a pre-
liminary tentative map. This map shall illustrate
how many standard lots conforming to applica-
ble zoning and subdivision standards set ved 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
710
21.45.040
planned development will result in superior resi-
dential 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 sur-
rounding development. (Ord. 9823 § 2, 1987;
Ord. 1256 § 7 (pan), 1982; Ord. 9631 § 2 (part),
1982)
21.45.050 Transmittal to the planning
commission.
The land use planning manager 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 consid-
ered by the planning commission concurrent
with their consideration of any related discre-
tionary permit. (Ord. 1256 § 7 (part), 1982; Ord.
9631 §2 (part), 1982)
21.45.060 Planning commission action.
The planning commission 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 disap-
prove 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 mat-
ter or public hearing before the city council.
(Ord. 9631 §2 (part), 1982)
21.45.070 Gty 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, con-
ditionally approve or disapprove the permit.
(Ord. 9631 § 2 (part), 1982)
21.45.071 Public hearings.
Whenever a public hearing is required by this
chapter, notice of the hearing shall be given as
provided in Section 21.54.060(1) of this code.
When the hearing on a planned development
permit is consolidated with the hearing on a ten-
tative 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. 9758 § 10.1985; Ord. 9631 § 2 (pan), 1982)
21.45.072 Required findings.
(a) The planning commission or city council
shaii 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;
(2) The proposed use at the particular loca-
tion is necessary and desirable to provide a serv-
ice or facility which will contribute to the long-
term general well-being of the neighborhood and
the community:
(3) Such use will not be detrimental to the
health, safety or general welfare of persons resid-
ing or working in the vicinity, or injurious to
property or improvements in the vicinity;
(4) The proposed planned development
meets all of the minimum development stan-
dards set forth in Section 21.45.090:
(5) The proposed planned development
meets all of the design criteria set forth in Section
21.45.080 and has been designed in accordance
with the concepts contained in the design guide-
lines manual;
(6) The proposed project is designed to be
sensitive to and blend in with the natural
topography of the site:
711
37
21.45.072
(7) The proposed project maintains and
enhances significant natural resources on the
site:
(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 per-
mit, 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 modi-
fied by the planning commission or city council
as necessary to accomplish the purposes of this
chapter. (Ord. 9823 § 3, 1987; 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 develop-
ment project, or any other interested person may
appeal, from any action of the planning commis-
sion, or from any action of the land use planning
manager on projects processed in accordance
with Section 21.42.140 with respect to a planned
development permit, to the city council.
Any such appeal shall be filed with the city
clerk within ten days after the action of the plan-
ning commission from which the appeal is being
taken.
Upon the filing of an appeal, the city clerk
shall set the matter for public hearing. Such hear-
ing shall be held within thirty days after the date
of filing the appeal. Within ten days following the
conclusion of the hearing, the city council shall
render its decision on the appeal. The decision of
the city council is final.
(b) The decision of the city council shall be
consistent with the provisions of this chapter and
shall be supported by appropriate findings.
(c) If the city council fails to act on an appeal
within the time limits specified in this section.
the appeal shall be deemed denied. (Ord. 1256 § 7
(part), 1982: Ord. 9631 § 2 (part), 1982)
21.45.075 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 demon-
strate 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 §2 (pan), 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 governmen-
tal agencies for the area in which the proposed
development is located:
(2) The plan shall provide for adequate usable
open space, circulation, off-street parking, recre-
ational facilities and other pertinent amenities.
Buildings, structures and facilities in the parcel
shall be well-integrated, oriented 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 com-
patible with existing and planned surrounding
712
land uses and with circulation patterns and open
space on adjoining properties. It shall not con-
stitute a disruptive element to the neighborhood
or community;
(4) The internal street system shall not be a
dominant feature in the overall design, rather it
should be designed for the efficient and safe flow
of vehicles without creating a disruptive influ-
ence on the activity and function of any common
areas and facilities as indicated in the design
guidelines manual;
(5) Common areas and recreational facilities
shall be located so as to be readily accessible to
the occupants of the dwelling units and shall be
well-related to any common open spaces pro-
vided, as indicated in the design guidelines man-
ual:
(6) Architectural harmony within the devel-
opment and within the neighborhood and com-
munity shall be obtained so far as practicable.
(Ord. 9823 § 4, 1987; Ord 9631 § 2 (part), 1982)
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
planned development shall not exceed the den-
sity permitted by the underlying zone. The den-
sity 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 case 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
Ases where two or more general plan land use
designations fall within the boundaries of a
planned development the density may not be
transferred from one general plan designation to
another.
(b) Setbacks.
(1) Arterials. All units adjacent to any road
shown on the circulation element of the general
21.45.080
plan shall maintain as a minimum the following
setbacks from the right-of-way: Prime Artenal
Major Arterial 40*
Secondary Arterial 30*
This setback shall be mounded and land-
scaped to buffer residential units from traffic on
the adjacent arterials.
(2) Front Yard.
(A) 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 with entries that face
directly onto a public or private street shall main-
tain a minimum setback of twenty feet. The front
yard setback from a private driveway, as defined
in subsection (h) of this section, may be reduced
to five feet provided that guest parking is dis-
persed 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.
(B) All multifamily units fronting on a public
or private street shall maintain a minimum of a
twenty-foot front yard setback. Garages that face
onto a private driveway serving an attached mul-
tifamily 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 garages shall be equipped
with automatic garage door openers.
(C) 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 sub-
ject to the setback, in the case of a private street or
private driveway.
(D) 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
713
38
21.45.090
not be allowed where there is the potential for
adverse traffic or visual impacts. At least forty
percent of the front yard setback of detached
single-family residences shall consist of land-
scaping.
(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 main-
tained to the garage.
(4) All setbacks shall be measured from the
property line, or in the case where individual
property lines are not present, at the edge of the
street curb or sidewalk, whichever is closest to the
structure subject to the setback.
(5) The distance between single-story struc-
tures 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. Fire-
place structures, cornices, eaves, belt courses,
sills, buttresses, and other similar architectural
features projecing 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.
(c) Resident Parking. All units must have at
least two 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 cov-
ered. 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.
(1) Visitor parking shall be provided as fol-
lows:
Amount of Visitor
No. of Units Parking
10 dwelling units or less 1 space for each 2
dwelling units or frac-
tion thereof
Greater than 10 dwell-
ing units 5 spaces for the 10
units, plus 1 space for
each 4 dwelling units
above 10 or fraction
thereof.
(2) Up to forty-five percent of the visitor park-
ing 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 set back 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 park-
ing areas shall be screened from adjacent resi-
dences and public rights-of-way by either a vjyw-
obscuring wall or landscaping subject to the
approval of the planning director.
. (f) Recreational Space.
(1) Open space areas designated for recrea-
tional use shall be provided for all residential
developments at a ratio of two hundred square
feet per unit All projects except for those in
714
which all dwelling units are on lots with a mini-
mum size of seven thousand five hundred square
feet, shall provide both common and private
recreational facilities.
(2) Multi-family projects requesting approval
above the minimum density allowed by their
general plan designation shall provide common
active, as well as private passive recreational
facilities.
(3) Active common recreational facilities
include, but are not limited to, the following:
(A) Spa:
(B) Sauna:
(C) Cabana (including restroom facilities);
(D) Swimming pool;
(E) Tennis Court:
(F) Shuffleboard court;
(G) Racquetball court;
(H) Volleyball court;
(I) Recreation rooms or buildings with any
two of the following items:
(i) Cardroom,
(ii) TV room,
(iii) Weight-lifting/exercise room,
(iv) Restrooms,
(v) Lounging area,
(vi) Ping-pong table,
(vii) Pool table,
(viii) Kitchen facilities,
(ix) Wet bar.
(4) Passive common recreational facilities
include but are not limited to the following:
(A) Benches;
(B) Barbeques;
(Q Restrooms;
(D) Sun decks (excluding lawn areas);
(E) Children's play areas;
(F) Horseshoe pits;
(G) Rat grassy play areas with a slope of less
than fifteen percent.
(5) The minimum lineal dimension of an
open/ recreational space shall be at least ten feet.
(6) All multifamily projects developed under
this section shall provide either a balcony with a
21.45.090
minimum dimension of six feet or a patio with a
minimum dimension of ten feet for each dwell-
ing unit:
(7) To count towards satisfying recreation
requirements, private yards shall have a mini-
mum 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 sit-
uated in any required front yard, unless the plan-
ning 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 neigh-
borhood.
(10) Specifically excluded from meeting the
usable open/recreational space requirement are
driveways, parking areas, pedestrian walkways.
storage areas, fenced areas which are in accessible
to residents, areas with slopes of fifteen percent
or greater, and any other areas deemed not to be
primarily used for open/recreational purposes by
the planning commission or city council.
(h) Streets.
(1) Private streets may be permitted within a
planned unit development, provided their width
and geometric design are related to the function.
topography and needs of the development, and
their structural design, pavement and
construction comply with the requirement of the
city's street improvement standards. The plan-
ning commission and city council shall deter-
mine 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
2 lanes, parking on both
sides
2 lanes, parking on one
side
Minimum Width
36 feet
32 feet
715
39
21.45.090
2 lanes, no parking,
serving twelve units or
less with off-street guest
parking bays 30 feet
MULTI-FAMILY ATTACHED
Type of Street
Private driveways
Minimum Width
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.
(j) Utilities. There shall be separate utility sys-
tems for each unit
(k) Recreational Vehicle Storage.
(1) Ail projects containing ten 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 avail-
able 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 mas-
ter plan may have this requirement satisfied by
the common recreational vehicle storage area
provided by the master plan.
(2) The area provided for this storage space,
exclusive of the driveways and approaches, shall
be at least equal to twenty square feet for each
dwelling unit in the planned development. How-
ever, 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.
(3) The storage space may be off-site of the
planned development provided the property to
be used as storage is pan of the application for the
planned development permit and that no other
development may occur on this property with-
out an amendment to such permit The planning
commission or city council must find evidence
that such off-site storage is suitable and not detri-
mental to the surrounding properties of such
storage are.
(4) Storage shall not be required if the plan-
ning commission or city council finds that the
planned development provides that each lot will
have satisfactory storage on the lot and such
storage is compatible with the area. Such storage
shall be a minimum of two hundred square feet
in area for each lot and shall have access for
vehicles.
(5) The storage of recreational vehicles shall
be 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.
(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 require-
ment 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 park-
ing structure, provided it does not extend into the
area of the required parking stall. This require-
ment is in addition to closets and other indoor
storage areas that are normally part of a residen-
tial dwelling unit
(m) Refuse Areas. Centralized refuse-pickup
areas may be required for residential develop-
ment with five or more dwelling units and for
nonresidential development if deemed to be nec-
essary by the planning commission or city coun-
cil.
(n) Antennas. No individual antennas shall
be permitted. Each project shall have a master
antenna or a cable television hookup.
(o) Planned Unit Development Lots. For
planned unit developments, as defined herein.
lots that do not meet the requirements of Title 20
716
of the underlying zone may be approved. How-
ever, lots with single-family detached homes
shall comply with the following criteria:
(1) Minimum lot size: three thousand five
hundred square feet;
(2) Minimum street frontage on linear or
semi-linear streets: forty feet;
(3) Minimum frontage on sharply curved
streets or cul-de-sacs: thirty-five feet, with an
average of forty feet;
(4) Frontage on cul-de-sac bulbs may be
reduced to a minimum of twenty-five feet 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 thirty feet must
reach a width of thirty-five feet at some point
near the middle of the lot (Ord. 9823 § 5, 1987:
Ord. 9804 § 8, 1986; Ord. 9727 § I, 1984; Ord.
1261 § 49, 1983; Ord. 9631 § 2 (part), 1982)
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
convened must meet present city building reg-
ulations.
(b) An application for conversion of an exist-
ing structure to a planned development shall
include building plans indicating how the build-
ing relates to present building and zoning regula-
tions 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 disap-
proved within one hundred twenty days follow-
ing receipt of a completed application. (Ord.
9631 § 2 (pan), 1982)
21.45.090
21.45.110 Notice to tenants of existing
buildings being converted to
planned developments.
In addition to all other required findings for a
subdivision, the city council shall find that:
(1) Each of the tenants of the proposed condo-
minium, planned development, community
apartment or stock cooperative project has been
or will be given one hundred eighty days' written
notice of intention to convert prior to termina-
tion of tenancy due to the conversion or pro-
posed 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 co ndo
minium, 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 pub-
lic report pursuant to Section 11018.2 of the Busi-
ness and Professions Code, unless the tenant
gives prior written notice of his intention not to
exercise the right. (Ord. 9631 § 2 (part). 1982)
21.45.120 Tenant relocation expenses.
The subdivider shall provide relocation
assistance equal to one month's rent to any resi-
dential 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
subdivided receipt of notification from the ten-
ant of the tenant's intent to vacate unless other
717
40
21.45.120
arrangements are made in writing between the
tenant and the subdivider. (Ord. 9631 § 2 (part),
1982)
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 Sec-
tions 20.12.100, 20.12.110 and 20.12.120 of this
code regarding the expiration, extension or revi-
sion of a tentative map. The expiration, exten-
sion 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. (Ord. 9631 § 2 (part),
1982: Ord. 9603 § 8 (part), 1981; Ord. 9510 § I,
1978: Ord. 9459 § 2 (pan), 1976)
21.45.140 Approval of projects of four units
or less by land use planning
manager.
(a) Planned developments with four or less
units shall be approved in accordance with the
provisions of this section.
(b) A site plan and elevations for such projects
which include all design criteria and develop-
ment standards as contained in this chapter shall
be submitted to the land use planning manager
who may approve, conditionally approve or dis-
approve the permit The land use planning man-
ager shall approve or conditionally approve a
permit if he makes all of the findings specified in
Section 21.45.072. The land use planning man-
ager's decision may be appealed in accordance
with the procedures of Section 21.45.073 of this
chapter.
(c) An application for a site plan shall be
accompanied by an application for a minor sub-
division which shall be processed in accordance
with the procedures of Chapter 20.24 of the code.
Approval of both site plan and a minor subdivi-
sion is required in order to proceed with develop-
ment of a planned development of four or less
units.
(d) The land use planning manager shall
make a monthly report to the city council of ail
planned development permits issued pursuant to
this section. (Ord. 1256 § 7 (pan), 1982: Ord.
9631 § 2 (pan), 1982: Ord. 9603 § 9. 1981: Ord.
9459 § 2 (pan), 1976)
21.45.150 Cancellation of a planned
development permit.
A planned development permit may be can-
celled at any time prior to the commencement of
construction. Cancellation may be initiated by
the owner of the property covered by the permit
by means of a written communication, signed by
all interested parties, directed to the land use
planning manager in the office of the land use
planning office. Said correspondence shall also
include a request to cancel the tentative map
affecting the property. The land use planning
manager shall inform the city council of all such
communications. The permit shall become void
one hundred twenty days after receipt of the
communication in the office of the land use plan-
ning office. (Ord. 1256 §§ 7 (pan) and 13 (pan).
1982; Ord. 9631 § 2 (pan), 1982: Ord. 9459 § 2
(pan), 1976)
21.45.160 Amendments.
(a) Amendments to a planned development
permit may be initiated by the property owner or
authorized agent as follows:
(1) A request for an amendment shall be sub-
mined to the land use planning office in written
form and shall be accompanied by such addi-
tional 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;
(2) If the planning commission considers the
amendment minor in nature, the additional
graphics, statement or other information may be
718
21.45.160
approved by the planning commission resolu-
tion and made part of the original city council
approval without the necessity of a public hear-
ing;
(3) A minor amendment shall not change the
densities or the boundaries of the subject prop-
erty, or involve an addition of a new use or group
of uses not shown on the original permit, or the
rearrangement of uses within the development,
or changes of greater than ten percent in
approved yards, coverage, height, open space or
landscaping, provided no changes shall be less
than required by this chapter. If the planning
commission determines that the amendment is
not minor or that a hearing is otherwise neces-
sary, it shall set the matter for public hearing;
(4) If a public hearing is required, the appli-
cant shall submit a completed application with
graphics, statements, or other information as
may be required to support the proposed modifi-
cation;
(5) A fee as specified by city council resolu-
tion is required for all property within the por-
tion of the planned development to be amended;
(6) An application for an amendment of a
planned development permit for which a hearing
is required shall be processed, heard and deter-
mined in accordance with the provisions of this
chapter applicable to the adoption of a planned
development permit.
(b) The city council may by motion initiate
an amendment to a planned development per-
mit. 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 § 13
(pan), 1982; Ord, 9631 § 2 (part), 1982)
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 devi-
ates 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 pan of the planned development
permit prior to recordation of the final map.
provided that adequate provisions acceptable to
the land use planning manager and city attorney
are made guaranteeing removal of such complex
if the final map is not recorded. (Ord. 1256 § 7
(part), 1982; Ord. 9631 § 2 (pan), 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;
(b) The final planned development plan shall
be submitted to the land use planning manager
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 refine-
ments. The final planned development plan shall
include:
(1) Improvement plans for private streets.
water, sewerage and drainage systems, walkways.
fire hydrants, parking areas and storage areas.
The plan shall include any off-site work neces-
sary for proper access, or for the proper operation
of water, sewerage or drainage system:
(2) A final grading plan:
(3) Final elevation plans:
(4) A final landscaping plan including meth-
ods of soil preparation, plant types, sizes and
location: irrigation system plans showing loca-
tion, dimensions and types: and
(5) A plan for lighting of streets, driveways,
parking areas and common recreation areas.
(c) Where a planned development contains
any land or improvements proposed to be held in
common ownership, the applicant shall submit a
declaration of covenants, conditions and
restrictions with the final planned development
plan. Such declaration shall set forth provisions
for maintenance of all common areas, payment
719
21.45.180
of taxes and all other privileges and respon-
sibilities of the common ownership, and shall be
reviewed by and subject to approval by the land
use planning manager and city attorney.
(d) A final planned development plan may be
submitted for a portion of the development, pro-
vided 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.
(e) The land use planning manager shall
review the plan for conformity to the require-
ments of this chapter and the planned develop-
ment permit. If he finds the plan to be in
substantial conformance with all such require-
ments, he shall approve the plan. (Ord. 1256 § 7
(part), 1982; Ord. 9631 § 2 (pan,) 1982)
21.45.190 Certification of occupancy.
A certification of occupancy shall not be
issued for any structure in a planned develop-
ment until all improvements required by the
permit have been completed to the satisfaction of
the city engineer, land use planning manager and
the director of building and housing. (Ord. 1256 §
4, 1982: Ord. 9631 § 2 (part), 1982)
21.45.200 Maintenance.
All private streets, walkways, parking areas,
landscaped areas, storage areas, screening,
sewers, drainage facilities, utilities, open space,
recreation facilities and other improvements not
dedicated to public use shall be maintained by
the property owners. Provisions acceptable to the
city shall be made for the preservation and main-
tenance of all such improvements prior to the
issuance of building permits. (Ord. 9631 § 2
(pan), 1982)
21.45.210 Failure to maintain.
(a) All commonly owned land, improve-
ments 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.
(b) In addition to any other remedy prodded
by law for the abatement, removal and enjom-
ment of such public nuisance, the city engineer
may, after giving notice, cause the necessary
work of maintenance or repair to be done. The
costs thereof shall be assessed against the owner
or owners of the project.
(c) The notice shall be in writing and mailed
to all persons whose names appear on the last
equalized assessment roll as owners of real prop-
erty within the project at the address shown on
the assessment roll. Notice shall also be sent to
any person known to the city engineer to be
responsible for the maintenance or repair of the
common areas and facilities of the project under
an indenture or agreement. The city engineer
shall also cause at least one copy of such notice to
be posted in a conspicuous place on the premises.
No assessment shall be held invalid for failure to
post or mail or correctly address any notice.
(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 sep-
arate lot and become a lien upon such property.
(e) If upon the expiration of the five-day
period provided for in subsection (d), 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
720
July 15, 1991
TO: JILL PRICHARD, RECREATION SPECIALIST
FROM: Parks and Recreation Director
1991 CARLSBAD TRIATHLON
Congratulations to you, your staff, and all the volunteers for planning, organizing and
conducting the 1991 Carlsbad Triathlon. Thanks to your dedication and hard work the
triathlon was a "huge" success! The tremendous turn out reflects the quality of your efforts.
Your enthusiasm, professional attitude and ability to work as a team allowed the City to
provide the best and safest event ever.
On behalf of the department, I would like to thank you for your tireless work and tell you
that I am personally very proud that you are a part of the Carlsbad team.
Once again, I commend you for your efforts; it couldn't be done without you.
DAVID BRADSTREET
pa
c: City Manager
Assistant City Manager
Recreation Superintendent
Parks and Recreation Commission
Personnel File