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HomeMy WebLinkAbout1982-03-16; City Council; 9611; Rancho Carrillo Master Plan approved1 2 3 4 5 6 7 8 9 IC 11 12 12 14 15 1E 17 If 1s 2c 21 22 2: 24 2E 26 27 2E ORDINANCE NO. 9611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE .RANCHO CARRILLO MASTER PLAN (MP 139-A). WHEREAS, the Planning Commission of the City of Carlsbad did hold a duly noticed public hearing on December 9, 1981 to consider a request to approve a revised Rancho Carrillo Master Plan (MP 139-A); and WHEREAS, at the conclusion of said hearing the Planning Commission adopted Resolution No. 1897 recommending approval of Master Plan No. MP 139-A based on certain findings and subject to certain conditions contained in that resolution; and WHEREAS, an Environmental Impact Report was certified by the City Council on November 17, 1981 and the mitigation measures identified in the report have been incorporated into the revised Master Plan or otherwise addressed by the revised Master Plan; and WHEREAS, the City Council of the City of Carlsbad did hold a duly noticed public hearing on January 5, 1982 and after hearing and considering the testimony and arguments of all persons desiring to be heard, made the following findings: 1. That the findings made by the Planning Commission in Resolution No. 1897 shall constitute the findings of the City Council. 2. That this Master Plan is consistent with provisions of Chapter 21.38 of the Carlsbad Municipal Code. 3. That in order to satisfy the General Plan requirement that public facilities be available concurrent with 12 n 6 f 0 18 19 20 21 22 23 24 25 26 27 28 need, it will be necessary, as a condition of this zoning approval, for the developer to provide public facilities according to the approved Master Plan. NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad as follows: SECTION 1: That the revised Rancho Carrillo Master Plan (MP 139-A) marked Exhibit A, dated January 5, 1981, on file with the City Clerk, and incorporated herein by this reference, is approved subject to the following conditions: 1. For purpose of this section all owners of property within the master plan area shall be considered "developers". Each owner, or future owner, shall use and develop their respective property in accordance with this plan, including the provision of public facilities. To ensure unified development control as required by Section 21.38.030 of the Carlsbad Municipal Code, individual property owners shall cooperate with one another in order to accomplish the orderly development of the property in accordance with this Master Plan. The individual property owners shall enter into an agreement among themselves which provides for the financing, right of way dedication and construction of the public improvements required by the Master Plan. This agreement must be satisfactory to the City of Carlsbad and must be approved by the City Council prior to approval of the first tentative subdivision map for a development within the Master Plan area. This section shall be added to Section V G of the Master Plan. 2. Water shall be obtained from the City of Carlsbad unless some other arrangement satisfactory to the City is I 1( 1: 1; 0 1Z 2( 21 2: 2: 24 25 26 27 28 approved by the City Council SECTION 2: This ordinance supersedes Ordinances No. 9332 and No. 9365 which adopted and amended a Master Plan for Rancho Carrillo. shall be effective only for that area described as Carlsbad Tract CT 73-29. CT 73-29 is also subject to the provisions on Specific Plan SP-132. The Master Plan established by those ordinances SECTION 3: That the provisions of Section 20.44.110 of the Carlsbad Municipal Code are specifically invoked. The provisions of the Rancho Carrillo Parks Agreement, dated February 15, 1977, shall apply insofar as it determines the credits to be given for park land which has been dedicated to the city pursuant to that agreement. SECTION 4: Approval of Master Plan MP 139-A is based upon the availability of public facilities at the time of approval. If it becomes apparent that public facilities will not be available to provide for the needs of the community in the future, City Council may preclude further development under the Master Plan until facilities are available or impose other conditions to ensure that public facilities will be available concurrent with need. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. /// /// -3- . , '. 1 2 3 4 5 6 7 8 9 10 11 12 0 a 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 2nd day of Wch , 1982, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 16th day of laarch , 1982 by the following vote, to wit: AYES : NOES: None Council Menhers Packard, Casler , hear, Lewis and Kulchin ABSENT: None I" RONALD C. PACKARD, Mayor ATTEST: -4-