Loading...
HomeMy WebLinkAbout1987-11-03; City Council; 9838; CMC 21.38.060 add/amend - MP community parks rqmts & open space.I 3, I( 1: 1; 1: 11 11 It 1'; It 1: 2( 21 22 2: 24 25 26 27 28 e ORDINANCE NO. 9838 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 ordain as follows: SECTION 1: That Title 21, Chapter 38, of the Carlsbad Municipal Code is amended by the addition of the following sentence as underlined to Subsection 060(1)(C) to read as follows: 21.38.060(1)(C). 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 offsite open space. This open space program shall address four separate categories of open space i nc 1 ud i ng: (i) Open space for the preservation of natural resources, resources. (ii) Open space for the managed production of (iii) Open space for outdoor recreation, and (iv) 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 a: 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. SECTION 2: That Title 21, Chapter 38, of the Carlsbad Municipal Code is amended by the addition of the following sentence as underlined to Subsection 060(2)(A) to read as follows: 21.38.060(2)(A). 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, *. 1 1, 1t 1: 14 11 3.1 1' It 1: 2( 21 22 2: 24 25 26 27 28 21.38.060(5). Park land dedications may be required as a condition of all Master Plans. All park land required shall be dedicated upfront, 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: 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. 8) This park area shall be dedicated to the City prior ti 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 cultural resources inventory and any other environmental reports a: may be required by the Planning Director, and a conceptual development plan of the park to the satisfaction of the Parks and Recreation Director. statement as to whether or not the park site has ever been used fo the disposal or storage of toxic wastes pursuant to Sec+:on 25300 et. seq. of the Health and Safety Code. A) The Master Plan shall identify the location and D) The applicant shall also provide, in writing, a 0 schools, common open area and other public facilities and community services. For each of the oDen sDace cateaories identified in Subsection 21.38.060(1) (C), the Mister Plai 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. SECTION 3: That Title 21, Chapter 38, of the Carlsbad Municipal Code is amended by the addition of Subsection 21.38.060(5) to read as follows: 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 3ournal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 27th day of Oet-&er 9 1987, and thereafter 2. 4 9. 1 2 3 4 5 6 7 E 9 IC 11 12 3.3 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 * a PASSED AND ADOPTED at a regular meeting of said City , 1987, by the Council held on the 3rd day of November following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettfne, Mamaux and Larson NOES: None ABSENT: None ATTEST: -lerk / (SEAL) 3.