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HomeMy WebLinkAbout1994-01-18; City Council; NS-266; Poinsettia Shores MP amendment...z 1 2 3 4 5 6 7 8 9 10 11 0 SAj Y1 KC& Q08 "ug 3LU 2044 Irtga: >iZ 9 "OB I Qi S&$Q OZAO ""50 pa <8Y >z5 50 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE POINSETTIA SHORES MASTER PLAN AMENDMENT LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 9 CASE NAME: POINSETTIA SHORES CASE NO: MP 175tD) WHEREAS, the City Council of the City of Carlsbac California has reviewed and considered a Master Plan Amendmer for future development of the site; and WHEREAS, after procedures in accordance with tl requirements of law, the City Council has determined that tl public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City ( Carlsbad does ordain as follows: SECTION I: That the Poinsettia Shores Master P1 Amendment, MP 175(D), dated October 20, 1993, on file in t: Planning Department and incorporated by reference herein, approved. The Master Plan Amendment shall constitute the zoni for this property and all development of the property sha conform to the plan. SECTION 11: That the findings and conditions of t: Planning Commission in Planning Commission Resolution No. 35 shall also constitute the findings and conditions of the Ci Council. SECTION 111: Prior to the approval of any final ma or the issuance of any permits within the Poinsettia Shor Master Plan, the applicant for the final map or permit sha submit evidence to the City that impacts to school faciliti have been mitigated in conformance with the City's Grow I1 e. 90, caw? &e& an8 Ow8 iLLa soaa Crk'.E >55! 9 OnL I ai St;%< oz-lo K(T20 EO >.lq m> Fsi aoJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I 0 a Management Plan to the extent permitted by applicable state lz for legislative acts. If the mitigation involves a financi1 scheme such as a Mello-Roos Community Facilities District whic is inconsistent with the City's Growth Management Plan includil City Council Policy Statement No. 38, the developer shall subm: disclosure documents for approval by the City Manager and Cil Attorney which shall disclose to future owners in the projeci to the maximum extent possible, the existence of the tax ai that the school district is the taxing agency responsible fc the financing district. At a minimum, the project CC&R1s sha: require maximum disclosure and signed statements for disclosurc upon transfer of residential property. SECTION IV: On the bottom of page 66 and top of pat 67 under Master Tentative Map Requirements, a third specii condition shall be added which involves affordable housil implementation. It will read as follows: utPrior to or concurrent with recordation of the Mast1 Final Map, the applicant shall deed restrict Planning Area It: for affordable housing development unless and until Affordable Housing Agreement for an offsite or combined site entered into that satisfies the master plan's obligations f providing affordable housing units. All subsequent Planni Area Final Maps shall record a notice disclosing the intent a designation of Planning Area *ID1' to satisfy affordable housi requirements. U SECTION V: On page 84 a new bullet item will be add under Design Criteria to read as follows: "Certain accessory uses may be allowed within the re portion of the residential lots associated with the private op space of the blufftop structural setback area (as shown Exhibit 10). Allowable accessory uses shall be identified wi the tentative map/planned unit development approval for th area. VI i SECTION VI: On page 88 (Exhibit 37), a special no addressing private recreation areas will be added to read 2 .. 0 e 1 2 3 4 5 6 7 8 9 10 11 am &Em ao8 0Lug 3035 Ed: zwms KC56 SW? m> iU, e-> Q>m 0Z-l 5"; E:$ - E-"% <OJ 00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: "Note: See Design Criteria for provisions of prival recreation areas. Minimum lineal dimension shall be 10 feet, SECTION VII: On pages 90 and 94 the bullet item undt Design Criteria that reads, IRA minimum 15 foot by 15 foc outdoor private use area shall be provided for each unit" wi: be changed to read as follows: "The minimum lineal dimension of outdoor private u3 areas shall be 10 feet provided that the private use area sha: not be less than 300 square feet and this area shall not I counted toward satisfying recreational area requirement: However, a minimum 15 foot by 15 foot outdoor private use art may be provided for each unit to be counted toward satisfyil recreation area requirements pursuant to section 21.45.090 { the Planned Development Ordinance. SECTION VIII: On page 81: the first bullet itt under Design Criteria will be eliminated; the second bullet itt under Design Criteria will be removed and will'replace tl second bullet item under Environmental Mitigation Conditions ( the bottom of page 81. SECTION IX: On page 82 the second bullet item undl Other Special Conditions will be eliminated. SECTION X: Under Environmental Mitigation Conditio] for Planning Areas 11A-411 and I1B-lg1 on 'pages 85 and 91, tl bullet item requiring sound walls and/or berms to mitigate noi: impacts will have the words, I). . . and the railroad" added to t: end of the first sentence. SECTION XI: On page 96 the last bullet item und, Setbacks deals with a garage setback and currently real "Garage: 3 1 from edge of 24 1 wide motor court driveway" and wi l be changed to read as follows: "Garage: 5' minimum from edge of 24 1 wide motor cou: driveway. @I I I 3 II .I 0.33 Yr KKh am8 uugj iUU 2055 ~'58 9 OOLL 8 ai 02-10 ""50 Ez5 SUE >JZ atma zwo E:? aod 00 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SECTION XII: On page 96 the following will be add to the end of the Private Street Width section: #@A private street width of 24' may be allowed f motor courts, or private streets serving 10 units or less, part of the discretionary review and approval process requir for this planning area. All private streets serving 10 units more shall have a minimum width of 3O1,I1 SECTION XIII: On page 98, Exhibit 40, the wording the exhibit which describes Private Street Dimensions will changed to read as follows: "See provisions outlined under Private Street Width p. 96". SECTION XIV: On page 115, the last sentence und Land Use Allocation currently reads, IIConsistent with the Zc 9 LFMP, a desilting basin may be constructed in the northwe portion of Open Space Area l", and will have the followi language added: It... subject to the review and approval of t City of Carlsbad and any affected resource agencies includi the State Lands Commission". SECTION XV: The trail system adjacent to the homes the blufftop within Planning Area A-4 shall be constructed pri to the issuance of any building permits for those homes, SECTION XVI: Access roads for Planning Areas A-2 a A-3 shall be reviewed at the tentative map stage and shall designed to allow the flexibility for ingress and egrE considering potential traffic volumes. If the City Counc elects to require both ingress and egress for these roads, the the Master Plan shall be amended to permit this. SECTION XVII: The building height provisions f Planning Areas G and H that have commercial-tourist (C- allowed uses and corresponding development standards, shall ~ 4 4 1 2 3 4 5 6 7 8 9 10 11 9a mu? &e& an8 uwg m> dU, 2::s aksg 9 (‘nu t a- sLz< ““90 >2% 60 QzJ? E:; UOJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a required to conform to the building height regulatic consistent with the C-T zone. In addition, Planning Areas G i H shall incorporate a trail system into project design. EFFECTIVE DATE: This ordinance shall be effect: thirty days after its adoption, and the City Clerk shall cert. to the adoption of this ordinance and cause it to be publisl at least once in the Carlsbad Sun within fifteen days after . adoption. INTRODUCED AND FIRST READ at a regular meeting of 1 Carlsbad City Council on the 4th day of JANUARY 1994, and thereafter PASSED AND ADOPTED at a regular meeting of the C: Council of the City of Carlsbad on the 18th day of JANUA , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ABSTAIN : None n 7b~b9~m&?h! - ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 5