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HomeMy WebLinkAbout1987-05-20; Planning Commission; Resolution 2627% I/ e rn 1 2 3 4 5 6 7 a 9 10 11. 12 13 14 15 1 6 17 1% 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2627 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE: AMENDMENT, AMENDING TITLE 21, CHAPTER 28, SECTION 060, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION TO SUBSECTIONS ONE AND TWO AND THE ADDITION OF SUBSECTION 5 TO PROVIDE NEW PROVISIONS REGARDING MASTER PLAN COMMUNITY PARKS REQUIREMENTS AND TIMING AND TO INCLUDE PROVISIONS THAT ALL MASTER PLANS ADDRESS FOUR SEPARATE CATEGORIES OF OPEN SPACE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-198 WHEREAS, the Planning Commission did, on the 20th day of May, 1987, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-198, according to Exhibit rrA1r, dated March 18, 1987 attached hereto and made a part hereof, based on the following findings: Findings: I 1) The proposed amendments would: a) Ensure that park land would be available to the City for b) Allow the City to make a more informed decision on whethel development as the need arises, or not to accept the proposed dedicated land based upon the required constraints analysis, and c) Allow the City the opportunity to conceptually identify the viability and potential opportunities of the site for a park prior to acquiring it based upon the requirement c a conceptual park site development plan. ///I 1/11 0 1 2 3 4 2) The proposed amendment would help to ensure that all open space categories are adequately considered and provided for in Master Plan developments. 3) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March 14, 1987 and recommended for approval by the Planning Commission on May 20, 1987. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the ' 7 Planning Commission of the City of Carlsbad, held on the 20th day of May, 1987, by the following vote, to wit: 8 9 AYES: Chairman Marcus, Commissioners McBane, McFadden, Holmes, Hall, Schlehuber & Schramm. 10: 11 NOES: None. ABSENT: None. 12 13 14 If' ATTEST: ABSTAIN: None. rny*B. 2d-J I, CUS , Chairman PLANNING COMMISSION 16 17 18 1 PLANNING DIRECTOR 19 I I 2c) !! 2 1. 2 2 23 2 4: 25 ' 26 27 28 PC RES0 NO. 2627 -2- - , . . . - - - . . . 0 0 MARCH 18, 1987 3. I1 ORDINANCE NO. 2 3 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 38, SECTION 060, OF THE CARLSBAD MUNICIPAL CODE BY ADDING TO SUBSECTIONS 1 and 2 AND ADDING SECTION 5 TO PROVIDE NEW PROVISIONS REGARDING MASTER PLAN COMMUNITY PARKS REQUIREMENTS AND TIMING AND TO INCLUDE PROVISIONS THAT ALL MASTER PLANS ADDRESS FOUR SEPARATE CATEGORIES OF OPEN SPACE. The City Council of the City of Carlsbad, California, does I I I ! 7 Municipal Code is amended by the addition of the following sentence 9 SECTION 1: That Title 21, Chapter 38, of the Carlsbad 8 ordain as follows: 10 as underlined to Subsection 060(1)(C) to read as follows: I 11 21.38.060(1)(C). An integrated open space program that is at least fifteen percent of the total master planned area is 12 the proposed open space is found to be adequate and is integrated required, except that the City Council may reduce this amount if 13 with a proportional amount of offsite open space. This open space program shall address four separate categories of open space including: l4 I 15 (ii) Open space for the managed production of resources, ______ 16 (i) Open space for the preservation of natural 17 - resources, 18 (iii) Open space for outdoor recreation, and (iv) Open space for public health and safety. I Land uses considered as open space for purposes of this 19 22 in area, bikeways and pedestrian paths. These areas are to be 21 parks, recreation facilities, greenbelts that are at least twenty- 20 lchapter are properties that are publicly or commonly owned for the purpose. benefit and use of the public or residents of the community such as feet wide, natural areas that are at least ten thousand square feet indicated in the master plan and not used for any other 23 as underlined to Subsection 060(2)(A) to read as follows: 25 Municipal Code is amended by the addition of the following sentence 24 SECTION 2: That Title 21, Chapter 38, of the Carlsbad 21.36.060(2)(A). A description of each type of land use 26 1 dwellinq units in each of the residential areas, anticipated uses 27 (by acre and area indicating the number and type of anticipated 28 in the commercial, industrial zones and the land area for parks, (I 0 0 ~ It schools, common open area and other public facilities and community '* preserving and/or maintaining the open space areas. 4 Pproposed within recreational open space areas, and a program for 3 reserved or avoided or the types of recreational facilities a description of the resource type/environrnental constraint being 2? services. For each of the open space categories identified in Subsection 21.38.060(1)(C), the Master Plan text shall also include 5 6 '7 a condition of all Master Plans. All park land required shall be ' Prior to dedicating park land over to the City, the Master Plan SECTION 3: That Title 21, Chapter 38, of the Carlsbad I Municipal Code is amended by the addition of Subsection 21.38.060(5) to read as follows: 21.38.060(5). Park land dedications may be required as a dedicated upfront, concurrent with the approval of the Master Plan. applicant shall be required to submit the following information to lo also contains provision whereby the developer agrees to dedicate 14 recordable agreement with the City, and agreeable to the City, la 12 acreage of .the park site on the land use map and shall also include I' the City: 15 16 17 cultural resources inventory and any other environmental reports as 18 development plan of the park to the satisfaction of the Parks and I' 'statement as to whether or not the park site has ever been used for 20 the disposal or storage of toxic wastes pursuant to Section 25300 21 A) The Master Plan shall identify the location and a discussion of the park in the Master Plan text. Prior to final adoption of the Master Plan the applicant shall enter into a which generally depicts the location of the park site on a map and the described park area when required under this section. B) This park area shall be dedicated to the City prior to the adoption of the first final map within the master plan area. C) The master plan shall include the location of the park, a biological and soils analysis of the site along with a may be required by the Planning Director, and a conceptual Recreation Director. D) The applicant shall also provide, in writing, a et. seq. of the Health and Safety Code. EFFECTIVE DATE: This ordinance shall be effective thirty 221idays after its adoption, and the City Clerk shall certify to the 23/ladoption of this ordinance and cause it to be published at least 241/once in the Carlsbad 3ournal within fifteen days after its I 25 //adoption. I 26 27 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 9 28 11 1987, and thereafter 2. 6. n 2 3 4 5 6 ‘7 8 9 10 1:1 12 13 0 e PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1987, by the following vote, to wit: AYES : NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: VINCENT F. BIONDO, 3R., City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 14 15 (SEAL) 16 17 18 I.9 I! 20 21 22 ’ 23 24 25 26 27 28 3.