Carlsbad City Zoning Code
CHAPTER 21
47 NONRESIDENTIAL PLANNED DEVELOPMENTS
§ 21.47.010 Intent and purpose.
The intent and purpose of the nonresidential planned development regulations are to:
(1)
Ensure that nonresidential projects develop in accordance with the general plan and all applicable specific and master plans;
(2)
Provide for nonresidential projects which are compatible with surrounding developments;
(3)
Provide a method to approve separate ownership of units within multiple-unit buildings or upon a parcel of land containing more than one unit;
(4)
Provide for a method to approve separate ownership of planned unit development lots defined herein;
(5)
Provide for conversion of existing developments to condominiums provided such conversion meets the intent of this chapter and comply with the requirements of the underlying zone.
(Ord. 9685 § 1, 1983)
§ 21.47.020 Nonresidential planned development permit.
The City Council, Planning Commission or City Planner, as provided in this chapter, may approve a permit for a nonresidential planned development in any industrial, commercial or office zone, or combination of zones subject to the requirements thereof except as they may be modified in accord with this chapter.
The application for a nonresidential planned development shall state whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project. For purposes of this chapter, a planned unit development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 4100 of the California Civil Code.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-102 § XCIII, 2010; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXV, 2012; Ord. CS-242 § 2, 2014)
§ 21.47.030 Permitted uses.
Any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted in a nonresidential planned development.
(Ord. 9685 § 1, 1983)
§ 21.47.040 Application and fee.
A.
An application for a nonresidential planned development permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1.
Be made in writing on a form provided by the City Planner;
2.
State fully the circumstances and conditions relied upon as grounds for the application;
3.
State whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project;
4.
Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the City Planner;
5.
Be accompanied by a tentative map or tentative parcel map, as applicable, in accordance with Title 20 of this code;
6.
If the applicant contemplates the construction of a nonresidential planned development in phases, the application shall so state and shall include a proposed phasing schedule;
7.
If the applicant proposes to convert existing buildings to a nonresidential planned development, the plans shall reflect the existing buildings and show all proposed changes and additions.
B.
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXVI, 2012)
§ 21.47.050 Notices and hearings.
A.
Notice of an application for a nonresidential planned development permit for less than five units or lots shall be given pursuant to the provisions of Section 21.54.060.B and 21.54.061.
B.
Notice of an application for a nonresidential planned development permit for five or more units or lots shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-178 § LXXXVI, 2012)
§ 21.47.060 Decision-making authority.
A.
Applications for nonresidential planned development permits shall be acted upon in accordance with the following:
1.
Nonresidential Planned Development Permit for Less Than Five Units or Lots.
a.
An application for a nonresidential planned development permit for less than five units or lots may be approved, conditionally approved or denied by the City Planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
2.
Nonresidential Planned Development Permit for Five or More Units or Lots.
a.
An application for a nonresidential planned development permit for five or more units or lots may be approved, conditionally approved or denied by the Planning Commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXVI, 2012)
§ 21.47.070 Findings of fact.
A.
The decision-making authority shall approve or conditionally approve a nonresidential planned development permit only if it finds that all of the following facts exist:
1.
The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies;
2.
The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community;
3.
Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
4.
The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone, except for lot area;
5.
In granting a nonresidential planned development permit, the decision-making authority may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXVI, 2012)
§ 21.47.073 Announcement of decision and findings of fact.
When a decision on a nonresidential planned development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. 9685 § 1, 1983; Ord. NS-176 §§ 6, 18, 1991; Ord. NS-352 § 3, 1996; Ord. NS-506 § 4, 1999; Ord. NS-675 § 43, 2003; Ord. CS-178 § LXXXVIII, 2012)
§ 21.47.075 Effective date and appeals.
§ 21.47.080 Development standards.
All nonresidential planned developments shall comply with all requirements and development standards of the underlying zone and all requirements of Title 20 (Subdivision Ordinance), with the following exception: nonresidential planned unit developments as defined herein may create lots that do not meet the requirements of Title 20 of the underlying zone. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reasonable as to intended use and relation to the project and the surrounding area and shall meet the intent and purpose of this chapter as stated herein.
(Ord. 9685 § 1, 1983)
§ 21.47.090 Conversion of existing buildings to nonresidential planned developments.
(a)
Conversion of existing buildings to a nonresidential planned development which is a condominium, planned unit development or stock cooperative shall be processed in the same manner and meet all the standards prescribed in this chapter for a nonresidential planned development. In addition, the structure to be converted must meet present city building regulations.
(b)
An application for conversion of an existing structure to a nonresidential 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.
(Ord. 9685 § 1, 1983)
§ 21.47.100 Expiration, extensions, and amendments.
A.
The expiration period for an approved nonresidential planned development permit shall be as specified in Section 21.58.030 of this title.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXIX, 2012)
§ 21.47.140 Final map.
Building permits for construction within the proposed nonresidential 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.
(Ord. 9685 § 1, 1983)
§ 21.47.150 Certification of occupancy.
A certification of occupancy shall not be issued for any structure in a nonresidential planned development until all improvements required by the permit have been completed to the satisfaction of the City Engineer, City Planner and the Community and Economic Development Director.
(Ord. 9685 § 1, 1983; Ord. NS-675 §§ 76, 79, 2003; Ord. CS-164 §§ 10, 14, 2011)
§ 21.47.160 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 maintenance of all such improvements prior to the issuance of building permits.
(Ord. 9685 § 1, 1983)