Note: Prior ordinance history: Ord. Nos. 9060, 9218, 9262,
and 9338.
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)
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)
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)
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)
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)
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)
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)
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.
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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.
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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,
4.
The
applicant shall also provide, in writing, a statement as to whether
or not the park site has ever been used for the disposal or storage
of toxic wastes pursuant to Section 25300 et seq., of the Health and
Safety Code.
(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)
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)
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)
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)
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)
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)
(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)
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)
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.
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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.
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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.
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(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.
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)
