Carlsbad City Zoning Code
CHAPTER 21
38 P-C PLANNED COMMUNITY ZONE
§ 21.38.010 Intent and purpose.
The intent and purpose of the P-C, planned community zone, is to:
A.
Provide a method for and to encourage the orderly implementation of the general plan and any applicable specific plans by the comprehensive planning and development of large tracts of land under unified ownership or developmental control so that the entire tract will be developed in accord with an adopted master plan to provide an environment of stable and desirable character;
B.
Provide a flexible regulatory procedure to encourage creative and imaginative planning of coordinated communities involving a mixture of residential densities and housing types, open space, community facilities, both public and private and, where appropriate, commercial and industrial areas;
C.
Allow for the coordination of planning efforts between developer and city to provide for the orderly development of all necessary public facilities to insure their availability concurrent with need;
D.
Provide a framework for the phased development of an approved master planned area to provide some assurance to the developer that later development will be acceptable to the city; provided such plans are in accordance with the approved planned community master plan; and
(Ord. 9458 § 1, 1976; Ord. NS-579 § 2, 2001)
§ 21.38.020 Permitted uses and structures.
In the P-C, planned community, zone the permitted uses and structures shall be established by a master plan of development approved in accordance with this chapter which may include any use found to be necessary and desirable for a community planned in accordance with the purposes of this chapter, provided that such permitted uses and structures shall be consistent with the general plan and applicable specific plans. Prior to approval of a master plan, the property may be used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. After approval of a master plan, such agricultural uses may be continued if the master plan so provides.
(Ord. 9458 § 1, 1976; Ord. NS-409 § 19, 1997; Ord. NS-579 § 3, 2001)
§ 21.38.021 Community facilities sites required.
All new master plans shall include graphic plans and text to reserve a site within the master plan area for community facilities uses pursuant to Chapter 21.25 of this code.
(Ord. NS-579 § 4, 2001)
§ 21.38.025 Accessory dwelling units.
Accessory dwelling units or junior accessory dwelling units are permitted according to the provisions of Section 21.10.030.
(Ord. NS-283 § 6, 1994; Ord. NS-663 § 11, 2003; Ord. NS-718 § 16, 2004; Ord. CS-324 § 2, 2017; Ord. CS-384 § 22, 2020; Ord. CS-449, 6/6/2023)
§ 21.38.030 General provisions.
A.
The P-C zone may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter. No P-C zone shall include less than one hundred acres of contiguous land.
(Ord. 9458 § 1, 1976; Ord. CS-102 § LXXXVI, 2010)
§ 21.38.040 Master plan required.
Prior to the approval for any permits for development on property zoned P-C, planned community, a master plan of development must be approved by the City Council in accord with the provisions of this chapter. A master plan when approved by ordinance shall establish the regulations for the development of the planned community within the P-C zone, and the regulations shall become a part thereof.
(Ord. 9458 § 1, 1976)
§ 21.38.050 Application and fees.
A.
Prefiling Procedure.
1.
Prior to filing an application for a master plan, an applicant may prefile the proposal with the City Planner for review.
2.
The City Planner shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This procedure may involve a review of the general outline of the proposal.
3.
After review, the City Planner shall provide the applicant with written comments, including recommendations as appropriate to inform and assist the applicant prior to the applicant's formal application.
B.
Master Plan Application.
1.
An application for a master plan and all related amendments may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
a.
Be made in writing on a form provided by the City Planner;
b.
State fully the circumstances and conditions relied upon as grounds for the application; and
c.
Be accompanied by a preliminary master plan graphic and text, open area plan and sign program, a legal description of the property involved and all other materials as specified by the City Planner.
C.
At the time of filing a preliminary application or a master plan application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
(Ord. 9458 § 1, 1976; Ord. 9568 § 3, 1980; Ord. 1256 § 13, 1982; Ord. 1261 § 44, 1983; Ord. NS-675 §§ 76, 81, 2003; Ord. CS-164 §§ 10, 11, 2011; Ord. CS-178 § LV, 2012)
§ 21.38.060 Contents of master plan.
A master plan for the development of a planned community shall consist of the following:
A.
Graphic plans of the proposed development that include the following:
1.
A map and legal description of the property with a north point scale not less than one inch equals two hundred feet, showing the date of preparation and the name and address of the plan's preparer, be it company or person, is required.
2.
Location of the various land uses shall be indicated by the use of zone designations of development zones and overlay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part of the master plan approval. All master plans shall allow a maximum building height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided for single-family and duplex projects on lots with a lot area less than twenty thousand square feet in size. Lots with a lot area of twenty thousand square feet or greater and zoned R-1 and specifying a -20 or greater area zoning symbol by the master plan may have a building height limit of thirty-five feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may impose a lower building height limit than those stated in this section in its development standards. Neighborhood commercial uses within a master plan shall conform to Section 21.26.030 of the C-1 zone. Tourist-oriented commercial uses within a master plan shall conform to Section 21.29.060 of the C-T zone. All other commercial uses within a master plan shall conform to the building height regulations contained in Section 21.28.030 of the C-2 zone. All industrial uses within a master plan shall conform to the building height regulations as contained in Section 21.34.070.A of the P-M zone. Office uses shall conform to Section 21.27.050.A.3 of the O zone.
3.
An integrated open space program that is at least fifteen percent of the total master planned area is required, except that the City Council may reduce this amount if the proposed open space is found to be adequate and is integrated with a proportional amount of off-site open space. This open space program shall address four separate categories of open space including:
a.
Open space for the preservation of natural resources;
b.
Open space for the managed production of resources;
c.
Open space for outdoor recreation; and
d.
Open space for public health and safety.
Land uses considered as open space for purposes of this chapter are properties that are publicly or commonly owned for the benefit and use of the public or residents of the community such as parks, recreation facilities, greenbelts that are at least twenty feet wide, natural areas that are at least ten thousand square feet in area, bikeways and pedestrian paths. These areas are to be indicated in the master plan and not used for any other purpose. |
4.
Specific development provisions to be applied such as a planned unit development permit or a conditional use permit shall be indicated. Development of property within areas so indicated shall be in accord with the terms of the permit and the provisions of this title applicable to such permits.
5.
The location of public and quasi-public facilities such as schools, fire stations, transmission lines and booster stations shall be indicated.
6.
The locations of major circulation systems and collector streets and their relationship to the circulation element shall be indicated. Bikeways, pedestrian paths, interconnecting open space areas and other special access means shall also be shown.
7.
Facilities for water supply and sewerage disposal, including sewer and water trunk lines, fire station sites, storm drainage and flood control structures and any other public facility needed to properly service the proposed community shall be indicated.
8.
Phasing of development shall be indicated. Adequate public facilities, open space, recreation areas and street systems shall be provided for each phase.
9.
A map showing topographical contours at no less than 25-foot intervals. Existing trees and other natural features shall be indicated on such map.
10.
Proposed development shall be consistent with the topography to reduce the amount of grading. The graphic is to indicate where significant grading is anticipated and for what reasons it is necessary.
B.
A text shall accompany the graphic and shall include in the order as listed below:
1.
A description of each type of land use by acre and area indicating the number and type of anticipated dwelling units in each of the residential areas, anticipated uses in the commercial, industrial zones and the land area for parks, schools, common open area and other public facilities and community services. For each of the open space categories identified in subsection A.3, the master plan text shall also include a description of the resource type/environmental constraint being preserved or avoided or the types of recreational facilities proposed within recreational open space areas, and a program for preserving and/or maintaining the open space areas,
2.
Land use and public facility economic impact report that contains the following:
a.
Justification for the proportions of the various land uses based on the projected population and acceptable marketing or planning techniques,
b.
Projected fiscal impacts the development will have on the ability of the city and other governmental or quasi-public agencies to provide necessary services. This report shall include the approximate cost of dwelling units, anticipated land and sales taxes to the city and costs of necessary public services. The report shall be prepared by an economic consultant independent of the applicant but at the applicant's expense,
3.
Special development regulations, including any modifications of zone designation regulations,
4.
A program to meet the needs for parks, schools and other public facilities based on the anticipated population of the community and the timing of its development,
5.
Method to be employed for the maintenance of commonly held private land such as open space, recreation areas, street and parking areas. Some possible methods, depending on the circumstances, are maintenance by developer, homeowners' association, maintenance district, or city,
6.
Phasing schedule indicating the timing for each section of the development, what public facilities, open space, recreation facilities or amenities will be provided with each phase,
7.
Special requirements as requested by the applicant or required by the City Council which may include, but are not limited to, any of the matters which may be regulated by specific plan pursuant to Section 65451 of the Government Code,
8.
Measures to be used to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project;
C.
A landscape open area plan that includes all open spaces as required by this chapter and all other such areas proposed for the development. This plan shall include a graphic indicating areas to be landscaped, left natural, used as recreation, open space and bike or pedestrian ways. In addition, the plan shall include the proposed ownership, and indicate who shall have the responsibility for the maintenance of the various types of open areas;
D.
A community identification sign program that, in addition to signs otherwise permitted, the master plan area will show community entrance signs, directional signs and temporary informational signs. The program may include the following:
1.
Graphic representation of design motif,
2.
Location of permanent community entrance, directional and informational signs,
3.
Type, number and dimensions of temporary informational and directional signs that will be used during development only,
4.
Special sign program for the commercial and industrial portion of the community including standards for development based on sign area footage per lineal foot, face of building and sign height maximums. A community identification sign program is in addition to those signs permitted in Chapter 21.41, but in no case may the sign program exceed that allowed for community identity signs in Chapter 21.41. If no community identification sign program is desired, the master plan text shall so indicate;
E.
Park land dedications may be required as a condition of all master plans. All park land required shall be dedicated up front, concurrent with the approval of the first final map within the master plan area. Prior to dedicating park land over to the city, the master plan applicant shall be required to submit the following information to the city:
1.
The master plan shall identify the location and acreage of the park site on the land use map and shall also include a discussion of the park in the master plan text. Prior to final adoption of the master plan the applicant shall enter into a recordable agreement with the city, and agreeable to the city, which generally depicts the location of the park site on a map and also contains provision whereby the developer agrees to dedicate the described park area when required under this section,
2.
This park area shall be dedicated to the city prior to the adoption of the first final map within the master plan area,
3.
The master plan shall include the location of the park, biological and soils analysis of the site along with a cultural resources inventory and any other environmental reports as may be required by the City Planner, and a conceptual development plan of the park to the satisfaction of the Community Services Director,
(Ord. 9458 § 1, 1976; Ord. 9838 §§ 1—3, 1987; Ord. NS-180 § 24, 1991; Ord. NS-204 § 10, 1992; Ord. NS-286 § 6, 1994; Ord. CS-164 § 10, 2011; Ord. CS-178 § LVI, 2012)
§ 21.38.070 Notices and hearings.
Notice of an application for a master plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. 9458 § 1, 1976; Ord. CS-178 § LVII, 2012)
§ 21.38.080 Decision-making authority.
An application for a master plan may, by ordinance, be approved, conditionally approved or denied by the City Council.
A.
Before the City Council decision, the Planning Commission shall hear and consider the application for a master plan and shall prepare a recommendation and findings for the City Council, including all matters set out in Section 21.38.090 of this chapter. The action of the Planning Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant.
B.
The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may by ordinance approve or conditionally approve the master plan if, from the evidence presented at the hearing, all of the findings of fact in Section 21.38.090 of this chapter are found to exist.
C.
The City Council may make substantial modifications to the Planning Commission's recommendation on a proposed master plan, including modifications not previously considered by the Planning Commission. The City Council, in its discretion, may refer said modifications back to the Planning Commission for recommendation.
(Ord. 9458 § 1, 1976; Ord. 1256 § 7, 1982; Ord. NS-675 §§ 76, 77, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LVII, 2012)
§ 21.38.090 Findings of fact.
The City Council shall not approve or conditionally approve a master plan unless all of the following facts exist:
A.
The proposed development as described by the master plan is consistent with the provisions of the general plan and any applicable specific plans.
B.
All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property.
C.
The residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof.
D.
The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title.
E.
In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development.
F.
The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon.
G.
Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed.
H.
The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development.
I.
Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project.
(Ord. 9458 § 1, 1976; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LVII, 2012)
§ 21.38.100 Effective date and appeals.
The decision of the City Council is final, conclusive and shall be effective upon the date specified in the announcement of decision.
(Ord. 9458 § 1, 1976; Ord. CS-178 § LVII, 2012)
§ 21.38.120 Amendment of master plan.
An approved master plan may be amended pursuant to the following:
A.
An application to amend a master plan shall be submitted in accordance with Section 21.38.050 of this chapter, or may be initiated by City Council motion.
B.
Minor Master Plan Amendments. Master plan amendments, which are determined by the City Planner to be minor in nature, may be approved, conditionally approved or denied by the Planning Commission at a public hearing noticed in accordance with Chapter 21.54 of this title. A minor amendment shall not change the densities or boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original master plan, or the rearrangement of uses within the master plan.
(Ord. 9458 § 1, 1976; Ord. 9568 § 3, 1980; Ord. 1261 § 44, 1983; Ord. NS-675 § 76, 2003; Ord. CS-178 § LVII, 2012)
§ 21.38.130 Implementation of master plan.
(a)
To insure that the provisions and requirements of the approved master plan are fulfilled, the following procedures shall be used:
(1)
Upon final approval of a master plan, the City Planner shall affix the master plan designation number on the official zone map.
(2)
Subdivision of land in the master plan area shall meet all requirements of Titles 20 and 21 of this code and the approved master plan.
(3)
Development of property within a master plan pursuant to a special process such as site development plan, planned unit development permit or conditional use permit shall meet all requirements of the permit, the approved master plan, and the provisions of this title applicable to such permit.
(4)
Ministerial permits such as building permits, business licenses, and home occupations shall meet all requirements of this code and the approved master plan.
(b)
The planned community master plan process is part of the ongoing city planning effort. It is anticipated that amendments to the master plan may be necessary prior to completion of the planned community. Approval and construction of a sectional part of a master plan shall not vest rights in the remainder of the plan. The plan is intended rather as a planning framework to insure that the parts of the plan as constituted are properly integrated into the city's planning process.
(Ord. 9458 § 1, 1976; Ord. 1261 § 44, 1983; Ord. NS-675 § 76, 2003)
§ 21.38.140 Additional standards.
The City Council may by resolution adopt additional standards of development for master plans. Master plans approved or amended after the effective date of such regulations shall comply therewith. For amended master plans that are partially constructed, the new standards shall apply to the undeveloped portions only.
(Ord. 945 § 1, 1976)
§ 21.38.141 Additional standards-Rancho La Costa, Batiquitos Lagoon Watershed. [1]
The contents of the master plan as described in Section 21.38.060 shall include the following additional information required below and be approved in accordance with the following additional development standards:
(a)
Permits—Required. Developments as defined in Section 21.04.107, (including, but not limited to, land divisions) require a coastal development permit subject to the requirement of this zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. Prior to or simultaneously with the approval of any division of land or any other development, a master plan of development for the property called Rancho La Costa shall be approved in accordance with the provisions of this chapter.
(b)
Maximum Density of Development. The master plan shall be approved subject to a maximum density of development as follows:
(1)
Agricultural land (with soils rated at I through IV under the Land Use Capability Classification System of the Soil Conservation Service) shall result in an allowable intensity of development of one residential dwelling unit per ten acres;
(2)
All slopes greater than twenty-five percent shall result in an allowable development intensity of one dwelling unit per ten acres;
(3)
All slopes greater than twenty percent but less than twenty-five percent shall result in a development intensity of one dwelling unit per five acres;
(4)
All slopes greater than fifteen percent but less than twenty percent shall result in a development intensity of one dwelling unit per acre;
(5)
All slopes greater than ten percent but less than fifteen percent shall result in a development intensity of two dwelling units per acre;
(6)
All areas with a slope of less than ten percent shall result in a development intensity of six units per acre.
The master plan shall include a topographic map at a scale sufficient to determine the above but no less than one inch equals one hundred feet having a contour interval of five feet with overlays delineating areas of greater than ten, fifteen, twenty and twenty-five percent slopes. A map showing the type of soil erodibility, and class based on the Land Use Capability Classification System of the Soil Conservation Service shall be submitted in the same scale as the slopes. The master plan shall show the computation of the densities and acreage of soils of the various classes and erodibility. |
The plan required as a part of the master plan shall be certified as accurate by a registered engineer or other qualified professional to be true and accurate containing reasonably accurate estimates of the amount of cut and fill. The plan shall show the existing and the finished topography of the ground to be graded and filled, including a site plan of the proposed residential or commercial development in the same scale so that it can be superimposed upon the topographic map. |
(c)
Drainage and Erosion Control. Any development proposal that affects steep slopes (twenty-five percent inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Toups maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit.
(1)
For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language would apply:
(A)
Slopes of twenty-five percent grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed ten percent of the steep slope area over twenty-five percent grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over twenty-five percent grade, encroachment shall be limited so that at no time is more than twenty percent of the entire parcel (including areas under twenty-five percent slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the city's circulation element or the development of utility systems. Use of slopes over twenty-five percent may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available.
(B)
No further subdivisions of land or utilization of planned unit developments shall occur on lots that have their total area in excess of twenty-five percent slope unless a planned unit development is proposed which limits grading and development to not more than ten percent of the total site area.
(C)
Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community.
(2)
For all other steep slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made:
(A)
A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least seventy-five years, or life of structure.
(B)
Grading of the slope is essential to the development intent and design.
(C)
Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas.
(D)
If the area proposed to be disturbed is predominated by steep slopes and is in excess of ten acres, no more than one third of the total steep slope area shall be subject to major grade changes.
(E)
If the area proposed to be disturbed is predominated by steep slopes and is less than ten acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs.
(F)
Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation.
(3)
Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken onsite and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas.
(4)
The appropriate measures shall be installed prior to onsite grading.
(5)
Modification of these standards and criteria may be granted to portions of properties where strict application of the standards and criteria would, even after application of clustering and other innovative development techniques, result in less than one-half of the development potential that would be attainable under the maximum density of development specified in subsection (b) of this section.
Such modification shall be limited to the standards and criteria expressed in subsection (c)(1)(A) of this section, and shall not exceed that necessary to the attainment of said one-half of the development potential.
Where such modification must involve grading or other disruption of lands of twenty percent slope or greater, such grading or disruption shall be limited to not more than one-fourth of the land area of the property which is of twenty percent slope or greater.
In selecting areas within the property of twenty percent slope or greater which will be subject to modification of standards and criteria, lands with the following characteristics shall receive preference.
(A)
Land with the lowest relative degree of environmental sensitivity.
(B)
Land with the relatively gentler slopes.
(C)
Land which will require the least amount of cut and fill, and upon which runoff and erosion can be most effectively controlled.
(D)
Land with the least amount of visual impact when viewed from a circulation element road or public vista point.
(E)
Land which, when graded and developed, would have the least environmental and visual impact on the steep-sloped land form upon which such grading or development is to take place.
(6)
A site specific technical report shall be required addressing the cumulative effects of developing each subwatershed and recommending measures to mitigate both increased runoff and sedimentation. It shall be reviewed and prepared according to the City of Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the additions and changes adopted herein, such that a natural drainage system is generally preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those western portions of the watershed which have already been incrementally developed.
(7)
Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria:
(A)
Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a ten-year frequency storm. Runoff control shall be accomplished by a variety of measures, including, but not limited to, onsite catchment basins, detention basins, siltation traps and energy dissipators and shall not be concentrated in one area or a few locations.
(B)
Detailed maintenance arrangements and various alternatives for providing the ongoing repair and maintenance of any approved drainage and erosion control facilities. If the offsite or onsite improvements are not to be accepted or maintained by a public agency, detailed maintenance agreements shall be secured prior to issuance of a permit.
(C)
All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any onsite grading activities.
(D)
All grading activities shall be prohibited within the period from October 1st to March 31st of each year.
(E)
All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscaped architect and shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percent coverage within ninety days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles.
(d)
Buffers/Open Space. The master plan shall include buffers and open space to separate agriculture use from residential development.
Adequate buffer areas, generally of at least one hundred feet, between agricultural operations and new development shall be established and protected through conservation easements. The buffer area shall include natural vegetation, natural grade separations, and other natural features. In addition, roads shall be designed as much as possible to function as buffers between agriculture and residences. Residential uses shall be sited and designed to provide an open space area away from use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to provide a natural buffer. The P-C zone requirement of open space can be used in conjunction with this requirement. Lands to be preserved in open space shall be dedicated to coastal conservancy through the use of open space easements in perpetuity free of prior liens prior to issuance of a permit. Land subject to open space easements may remain in private ownership with the appropriate easements, use restrictions and maintenance arrangements to be secured from the developer prior to issuance of a permit. The city shall require the developer or a homeowner's association to maintain the open space area or it can alternatively require payment of fees if the coastal conservancy certifies that the maintenance fee is adequate. If a homeowner association is to maintain the open space, appropriate provision for fees and maintenance shall be required as a condition of approval of the permit.
(e)
Siting/Parking. Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated in the master plan to minimize the paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site.
(Ord. NS-365 § 3, 1996; Ord. CS-005 § 1, 2008)
[1]
Note: Applies only to Rancho La Costa, Hunt Properties, covered by the Mello I LCP Segment.
§ 21.38.150 Undeveloped areas of existing planned communities.
Undeveloped portions of properties zoned P-C on the effective date of this chapter shall be regulated by this section as follows:
(1)
Properties of less than one hundred acres shall be considered lawfully nonconforming. The development of such property shall require a planned unit development permit or a condominium permit issued in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. If no master plan has been approved for the property, the land use shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall be consistent with the general plan. If a master plan has been approved, the density and other provisions of such plan shall constitute the underlying zone for purposes of the planned unit development or condominium permit.
(2)
Properties of more than one hundred acres for which no master plan has been approved shall comply fully with the provisions of this chapter.
(3)
Properties of more than one hundred acres, with an approved master plan, shall require either a planned unit development or permits which shall be accomplished in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. The density and other provisions of such plan shall constitute the underlying zone for the purposes of the planned unit development or condominium permits. The City Council, by motion, or the property owner, by application, may initiate an amendment to the master plan to bring it into accord with the provisions of this chapter. If such amendment is approved, the development of such property shall be in accordance with this chapter.
(4)
Notwithstanding the provisions of this section, property with an approved specific plan adopted pursuant to P-C zone regulations in effect prior to the effective date of this chapter can be developed in accord with such specific plan without further processing as required in this chapter.
(Ord. 9458 § 1, 1976; Ord. 9535 § 1, 1979)