HomeMy WebLinkAbout1994-01-18; City Council; NS-266; Poinsettia Shores MP amendment...z
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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
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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
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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
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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
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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
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- ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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