HomeMy WebLinkAbout2009-09-15; City Council; CS-051; La Costa Town Square...1
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ORDINANCE NO. CS -051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO THE LA COSTA MASTER PLAN TO
CHANGE THE LAND USE AND UNDERLYING ZONING
FROM LOCAL SHOPPING CENTER AND OFFICE TO
RESIDENTIAL MEDIUM AND OPEN SPACE ON 9.96
ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE
USE REQUIRED, REDISTRIBUTE LOCAL SHOPPING
CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM LAND,
AND OPEN SPACE USES AND DESIGNATIONS TO
REFLECT THE PROJECT DESIGN, MAKE ASSOCIATED
TEXT CHANGES, AND AMEND BUILDING HEIGHT AND
SIGN PROVISIONS TO THE LA COSTA MASTER PLAN
GENERALLY LOCATED NORTHERLY AND EASTERLY
OF THE LA COSTA AVENUE AND RANCHO SANTA FE
ROAD INTERSECTION IN THE SOUTHEAST
QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: MP 149(R)
WHEREAS, the City Council of the City of Carlsbad, California, has
reviewed and considered a Master Plan to guide the development of Commercial, Office
15 and Residential development for properties located within the La Costa Master Plan area
so that these uses will be regulated by the proposed Master Plan revision 149(R), and
WHEREAS, the City Council did hold hearings on August 11, 2009 and
18 August 18, 2009, which were duly noticed public hearings as prescribed by law to
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consider this request; and
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WHEREAS, said application constitutes a request for a Master Plan
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Amendment pursuant to Chapter 21.38 of the Carlsbad Municipal Code as shown on
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Exhibit "MP 149(R)," which is incorporated herein by reference.
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NOW, THEREFORE, the City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I: That Master Plan MP 149(R), on file in the Planning
Department, and incorporated herein by reference, is adopted. The La Costa Master
Plan (MP 149(R)) shall constitute the development plan for the property and all
development within the plan area shall conform to the plan. Notwithstanding anything in
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the plan or in the findings of the Planning Commission to the contrary, to the extent
permitted by all applicable laws, owner shall include in its conditions, covenants and
restrictions (CC&R's) (a) a prohibition on entering into a lease with any tenant which
4 requires more than 100,000 square feet, allocates more than 10% of the floor space to
5 non-taxable items and offers more than 30,000 separate stock-keeping units or such
6 other lesser amount as typically offered by big-box retailers; and (b) prior to the execution
of any such lease described above, the matter shall be returned to the City Council for
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consideration of an amendment to this condition. In addition the portion of the parcel
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designated RM (the area bounded by the abandoned Rancho Santa Fe Road to the
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west, the existing residential development designated RLM to the east, the existing
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Rancho Santa Fe Road to the south) shall be limited to single family detached homes.
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SECTION II: Except as provided above, the findings and conditions of the
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Planning Commission in Planning Commission Resolution No. 6579 shall also constitute
. the findings and conditions of the City Council.
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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 a publication of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 18th day of August 2009, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 15th day of September 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
LEWIS, /vfayor
ATTEST: