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Home My WebLink About1994-01-18; City Council; 12554; Poinsettia Shores Master PlanrTY OF CARLSBAD - AGL-IDA BILL !$& @ AB I# /+a 3??+ TITLE. .APPROVAL OF THE POINSETTIA SHORES MTG. J-/8- 74 MASTER PLAN MP-175(D), GPA 91-05, DEPT. PA LCPA 91-02, AND LFMP 87-09(A) DEPT. HD. RECOMMENDED ACTION: Adopt Ordinance No. #S-266 and Resolution No vd-ar. ITEM EXPLANATION At its meeting of Tuesday, January 4, 1994, the City Council approved the Poinsettia Shores Master Plan and related actions as amended. Those amendments included conditions on the construction of the trail system, the possibility of allowing two-way traffic into Planning Areas A-2 and A-3, clarifying the building height for Planning Areas G and H and adopting the changes included in the Errata sheets presented to the Planning Commission. Those changes have been made to the Ordinance approving the Master Plan which is attached for adoption. The Council should satisfy itself that these amendments accurately reflect your intentions in this regard. PISCAIG IMPACT No additional fiscal impact not disclosed in the discussion in Agenda Bill 12525. EXEI:BITS Resolution No. P+-ATapp roving the Poinsettia Shores Master Plan and related actions. Ordinance No. NS-266. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-2 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, APPLICATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT AND LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT CASE NAME: POINSETTIA SHORES MASTER PLAN CASE NO: GPA 91-05/MP-175(Dj/LCPA 91-02/LFMP 87-09(A) WHEREAS, the Planning Commission did on October 20, 1993, and November 3, 1993, hold a duly noticed public hearing as prescribed by law to consider the amendment to General Plan 91- 85, Master Plan 175(D), Local Coastal Plan Amendment 91-02 and Local Facilities Management Plan 87-09(A) be approved; and WHEREAS, the City Council of the City of Carlsbad, did on January 4, 1994 hold a duly advertised public hearing to consider said amendments and at that time heard all persons interested in or opposed to General Plan Amendment 91-05, Master Plan 175(D), Local Coastal Plan Amendment 91-02 and Local Facilities Management Plan 87-09(A) ; and . WHEREAS, the Planning Commission has determined that GPA 91-05, MP-175(D), LCPA 91-02 and LFMP 87-09(A) will not have a significant impact on the environment and the City Council has concurred and a Mitigated Negative Declaration was issued and approved in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act; and WHEREAS, the City Council, after considering all proposed changes, directed the City Attorney to return with appropriate documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1 0 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning /I Commission in Resolution Nos. 3551, 3552, 3553, 3554, and 3555 constitute the findings of the City Council in this matter. 3. That the Mitigated Negative Declaration is approved as II shown in Planning Commission Resolution No. 3551 on file with the City Clerk and incorporated herein by reference. 4. That the application for Master Plan Amendment (MP- 175(D) is amended as shown in Planning Commission Resolution No. II 3552 on file with the City Clerk and incorporated herein by reference. 5. That the General Plan Amendment (GPA 91-05) is amended as shown in Planning Commission Resolution No. 3553 on file with the City Clerk and incorporated herein by reference. 6. That the Local Coastal Plan Amendment (LCPA 91-02) is amended as shown in Planning Commission Resolution No. 3554 including changes as shown on Errata Sheet No. 1 shown as Item No.5 and Errata Sheet No. 2 shown as Item No. 1 all on file with the City Clerk and incorporated herein by reference. 7. That the Local Facilities Management Plan (LFMP 87- 09(A)) for Zone 9 is amended as shown in Planning Commission Resolution No. 3555 on file with the City Clerk and incorporated herein by reference. 8. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: .a 1 2 3 4 5 6 7 8 9 10 11 12 16 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" ?The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed inthe appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of _ JANUARY # 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ATTEST: 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. - ORDINANCE NO. NS-266 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 c . : WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Master Plan Amendment for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined'that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the Poinsettia Shores Master Plan Amendment, MP 175(D), dated October 20, 1993, on file in the Planning Department and incorporated by reference herein, is approved. The Master Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 3552 shall also constitute the findings and conditions of the City Council. SECTION III: Prior to the approval of any final map or the issuance of any permits within the Poinsettia Shores Master Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City's Growth 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 Management Plan to the extent permitted by applicable state law for legislative acts. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. At a minimum, the project CC&R's shall require maximum disclosure and signed statements for disclosures upon transfer of residential property. SECTION IV: On the bottom of page 66 and top of page 67 under. Master Tentative Map Requirements, a third special condition shall be added which involves affordable housing implementation. It will read as follows: "Prior to or concurrent with recordation of the Master Final Map, the applicant shall deed restrict Planning Area rcDW for affordable housing development unless and until an Affordable Housing Agreement for an offsite or combined site is entered into that satisfies the master plan's obligations for providing affordable housing units. All subsequent Planning Area Final Maps shall record a notice disclosing the intent and designation of Planning Area "D@* to satisfy affordable housing requirements." SECTION V: On page 84 a new bullet item will be added under Design Criteria to read as follows: "Certain accessory uses may be allowed within the rear portion of the residential lots associated with the private open space of the blufftop structural setback area (as shown on Exhibit 10). Allowable accessory uses shall be identified with the tentative map/planned unit development approval for this area.m SECTION VI: On page 88 (Exhibit 37), a special note addressing private recreation areas will be added to read as 2 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 20 I follows: "Note : See Design Criteria for provisions of private recreation areas. Minimum lineal dimension shall be 10 feet." SECTION VII: On pages 90 and 94 the bullet item under Design Criteria that reads, "A minimum 15 foot by 15 foot outdoor private use area shall be provided for each unit" will be changed to read as follows: "The minimum lineal dimension of outdoor private use areas shall be 10 feet provided that the private use area shall not be less than 300 square feet and this area shall not be counted toward satisfying recreational area requirements. However, a minimum 15 foot by 15 foot outdoor private use area may be provided for each unit to be counted toward satisfying recreation area requirements pursuant to section 21.45.090 of the Planned Development Ordinance. SECTION vIII: On page 81: the first bullet item under Design Criteria will be eliminated; the second bullet item under Design Criteria will be removed and will'replace the second bullet item under Environmental Mitigation Conditions at the bottom of page 81. SECTION IX: On page 82 the second bullet item under Other Special Conditions will be eliminated. SECTION X: Under Environmental Mitigation Conditions for Planning Areas "A-4" and "B-1" on pages 85 and 91, the bullet item requiring sound walls and/or berms to mitigate noise impacts will have the words, "... and the railroad" added to the end of the first sentence. SECTION XI: On page 96 the last bullet item under Setbacks deals with a garage setback and currently reads "Garage: 3' from edge of 24' wide motor court driveway" and will be changed to read as follows: "Garage: 5' minimum from edge of 24' wide motor court driveway." 3 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 - SECTION XII: On page 96 the following will be added to the end of the Private Street Width section: "A private street width of 24' may be allowed for motor courts, or private streets serving 10 units or less, as part of the discretionary review and approval process required for this planning area. All private streets serving 10 units or more shall have a minimum width of 30'." SECTION XIII: On page 98, Exhibit 40, the wording on I the exhibit which describes Private Street Dimensions will be changed to read as follows: "See provisions outlined under Private Street Width on p. 96". SECTION XIV: On page 115, the last sentence under Land Use Allocation currently reads, "Consistent with the Zone 9 LFMP, a desilting basin may be constructed in the northwest portion of Open Space Area In, and will have the following language added: "... subject to the review and approval of the City of Carlsbad and any affected resource agencies including the State Lands Commission". SECTION XV: The trail system adjacent to the homes on the blufftop within Planning Area A-4 shall be constructed prior to the issuance of any building permits for those homes. SECTION XVI: Access roads for Planning Areas A-2 and A-3 shall be reviewed at the tentative map stage and shall be designed to allow the flexibility for ingress and egress considering potential traffic volumes. If the City Council elects to require both ingress and egress for these roads, then, the Master Plan shall be amended to permit this. SECTION XVII: The building height provisions for Planning Areas G and H that have commercial-tourist (C-T) allowed uses and corresponding development standards, shall be 4 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 required to conform to the building height regulations consistent with the C-T zone. In addition, Planning Areas G and H shall incorporate a trail system into project design. 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 Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 4th day of JANUARY I 1994, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 18th day of JANUARY I 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council Member Kulchin ABSTAIN: None ATTEST: . ALETHAL. RAUTENKRAN Z, City Clerk (SE=)