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HomeMy WebLinkAbout1980-03-04; City Council; 6094-3; La Costa Land Co ZC-206 Amendment of Master PlanCITY OF CARLSBAD AGENDA BILL NO. 6094 and 6095 - Snpplpmgn-H jp Initial; Dept.Hd, DATE: March 4. 1980 . DEPARTMENT; City Attorney _ ___ C- M9r Sub 3 ect: CHANGE OF 20^ FpQM p^ TO RayI_Q (zc-2Q6) , and AMENDMENT TO THE LA COSTA MASTER PLAN DELETING CERTAIN AREAS (MP 149 (D) . APPLICANT: LA COSTA Statement of the Matter The City Council, at your February 19, 1980 meeting, directed the City Attorney to prepare documents rezoning approximately 134 acres in the northeastern area of La Costa from P-C to RDM-Q and to delete a portion of said area from the existing La Costa Master Plan. The ordinance which will make these changes subject to certain conditions is attached. Exhibit Ordinance No Recommendation If the City Council concurs, your action is to introduce Ordinance No. Council Action: 3-4-80 Council introduced Ordinance 9546, granting a change of zone and amending the La Costa Master Plan, as amended. 3-18-80 Council adopted Ordinance 9546, with clarifying wording added. ^ o < i: o 1 2 3 4 5 6 7 8 9 10 11 12 3 | 13 DC CM< O) "-! 14 15j, - -.., —» -..' -'•* l.~; ^ u> c x- 16gz S§ -1-0 U K •" CDIE 2 17< < 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-206) FROM P-C TO RDM-Q ON APPROXIMATELY 134 ACRES OF LAND GENERALLY LOCATED IN THE NORTHEASTERN AREA OF LA COSTA AND AMENDING THE LA COSTA MASTER PLAN AS ADOPTED BY ORDINANCE NO. 9322, AS AMENDED BY ORDINANCE NO. 9469, TO DELETE A PORTION OF THE AREA BEING REZONED FROM THE MASTER PLAN. CASE NOS. ZC-206 AND MP 149(D). WHEREAS, the findings of the Planning Commission in Resolutions No. 1565 and No. 1567 constitute the findings of the City Council in this matter except as follows: 1. The requirements of the environmental protection ordinance of the City of Carlsbad and of Ordinance 9469 have been satisfied not only by prior compliance (EIR 307) but by the approval of a Negative Declaration. 2. The Public Facilities Element of the General Plan requires the finding that all the necessary facilities will be available concurrent with need before approving developments. In addition, the Planned Community Zone requires approval of a plan to assure that all necessary school facilities will be available before new development may proceed. A school district servicing the area has indicated that dedication of a school site as shown on the General Plan and Master Plan may be required in order to service the area. The City Council is not satisfied that adequate school facilities will be available concurrent with need; however, they are prepared to allow the zone change and master plan amendment to proceed subject to certain conditions which will insure that satisfactory arrangements will have 2 3 4 5 6 7 8 9 10 11 12 | § 13 : C£ CM• ^ O5 ! " «r -i >i o o> Si 145gfe^S 15 1 5 -1 "•jtiS £|8dSi-gHO e/3 >t 5! 16 17 18 19 20 21 22 23 24 25 26 27 28 been made to provide school facilities before tentative map or site plan approval for the property is given. Said condition is also necessary to insure that school facilities will be available and thereby justify eliminating the constraints of the P-C Zone and preparation of a school plan prior to development, The condition is also necessary to satisfy the school's require- ments of previously approved developments in the area and the General Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-206) form P-C to RDM-Q on property as shown on map marked ZC-206, Exhibit B, attached hereto and made a part hereof. SECTION 2: The La Costa Master Plan as adopted by Ordinance No. 9322 and amended by Ordinance No. 9469 is amended by deleting from the Master Plan marked Exhibit B, MP 149(D), dated September 27, 1976, on file in the office of the City Clerk, and incorporated by reference herein, a portion of the property as shown on the map marked Exhibit A, MP 149(D), dated October 2, 1979, attached hereto and made a part hereof. SECTION 3: That the rezoning and master plan amendment accom- plished by this ordinance is subject to the following conditions: 1. This zone change and master plan amendment is approved upon the express condition that the City Council finds it is reasonable to expect that sewer will be available concurrent with need as required by Section 21.49.020(1) as amended and that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities 2. CO ._ 2 §** 5 loll o>>£ 5<uj O NT F.Y -CEiRN1200BAD,> t- o 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 are not available, building permits will not be issued. 2. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated February 19, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 3. The applicant shall reach agreement with the San Marcos Unified School District and the Carlsbad Unified School District to insure that the necessary school sites will be provided. Said agreement must be approved by the City Council prior to the approval of the final map or site development plan if there is no subdivision for the project area. 4. The applicant shall submit reproducible copies of the amended master plan prior to acceptance of any requests for development. 5. The proposed Alga Road and Melrose extension are to be maintained in the original Master Plan MP 149, and any modifications or revisions thereof shall include development of the extension as a required offsite improvement for any future project. 6. These conditions shall be noted on the official Zoning Map. Development of the property other than public improvements shall not proceed until the conditions are satisfied. 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. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 4th day of March _/ 1980 and thereafter 3. 1 2 3 4 5 6 7 8 9 10 11 o 12 | § 13 d"^i 14 •-- :J 15 '-' V2o 5 | s Q 16U) g CM <]•in i?> s S 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a meeting of said City Council held on the 18th day of March / 1980 by the following vote, to wit: AYES: Council men Packard, Anear and Council woman Casler NOES: Councilman Skotnicki and Lewis ABSENT: Mone /^ ^^2 /""""P ? ^.J<Z^^L.^tf£j^^.^^^^RONALD C. PACKARD, Mayor ATTEST : . XI (A^^U\. /A. / \ ft juJjL'dQAsGsv^ ALETHA L. RAUTENKRANZ, City Clerk) (T (SEAL) • • 4. Ci'ty of Carlsbad Planning Commission 710 BE Q DELETED FROM LA COSTA MASTER PLAN L.U I I ti II li . I i i \>t •EXHIBIT B TO ORDANCE NO. 954 Nov., eyHie>ire> COMPILED FP»DH £1=^1 ClAl.