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Home My WebLink About2002-03-05; City Council; 16668; Carlsbad PromenadeCITY OF CARLSBAD -AGENDA BILL \A AB# lL,hh;r m: DEPT. HD. CARLSBAD PROMENADE ZC 00-061LCPA 00-081CT 00-191CDP 00-531HDP CITY ATTY. 00-10 " RECOMMENDED ACTION: I AdoDt Ordinance No. NS-620 amroving ZC 00-06 and adopt Resolution No. 2002-060 adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and approving Zone Change ZC 00-16, Local Coastal Plan Amendment LCPA 00-08, Tentative Tract Map CT 00-19, Coastal Development Permit CDP 00-53 and Hillside Development Permit HDP 00-10 ITEM EXPLANATION: I At its meeting of February 19,2002, the City Council approved the Carlsbad Promenade subdivision in concept and directed the City Attorney to prepare documents memorializing I those approvals. The Council expressed its concern for the safety of the future residents of the subdivision in the event of emergencies, disasters, or other sudden events requiring evacuation. The Council also expressed its desire to shield the adjacent subdivision from vehicle lights and noise near the entrance off Aviara Parkway. Therefore, the Council imposed two additional conditions: 1. The subdivider shall be required to acquire and improve a secondary emergency access from the terminus of the proposed CUI de sac to the existing Poinsettia Lane to the satisfaction of the City Engineer pursuant to Carlsbad Municipal Code section 20.16.095 and Government Code section 66462.5. In the event the subdivider is unable to obtain the necessary property interests in order to implement this condition he shall report that fact to the City Council and either agree to improve the emergency access when the necessary property rights are obtained by the City or provide alternative emergency access through the subject property to Poinsettia Lane as required by the Council in its sole discretion. The agreement to improve the off-site emergency access shall be secured by security in an amount determined by the City Engineer and approved as to form by the City Attorney. The subdivider shall pay all costs for acquiring and improving the off-site real property interests required for such emergency access. subdivision at Aviara Parkway in order to shield the adjacent subdivision from vehicular noise and lights to the satisfaction of the City Engineer and the Planning Director. The City Council should satisfy itself that the attached documents reflect its intentions for approval of the project. FISCAL IMPACT: All required improvements needed to serve this project would be funded by the subdivider. The Facility Financing Section of the Zone 20 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 20. 2. The subdivider shall provide a low profile wall along the entryway to the Agenda Bill No. IL I bbr Page 2 ENVIRONMENTAL REVIEW The Planning Commission has determined that this project could have a significant effect on the environment, however, there would not be a significant impact in this case since the mitigation measures described in Planning Commission Resolution No. 5134 have been added as a condition of approval for the project. On November 2, 2001, the Planning Director issued a Mitigated Negative Declaration for the proposed project. EXHIBITS: 1. Ordinance No. NS-620 2. Resolution No. 2002-060 ORDINANCE NO. NS-620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-06, FROM R-1-10,000-Q AND L-C TO R- 1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POlNSElTlA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO: ZC 00-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That section 21.050.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 00-06” attached hereto and made a part hereof. SECTION 2: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5135 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper 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 19th day of February ,2002, and thereafter Ill Ordinance No. NS-620 1 of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 5th day of MARCH , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY RONALD 61-r R. BALL, City Attorney 3.9. 3002. ATTEST: Ordinance No. NS-620 2 of 2 PROPERTY ZONE CHANGE ZC: 00-06 Project Name: CARLSBAD PROMENADE I Related Case File No(s): Leaal DescriDtion(s): The northwest Quarter of the LCPA 00-081 CT 00-19/ CDP 00-531 HDP 00-10 I - ., southwest quarter of the southwest qu-arter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thcrenf. Zone Change R-1-0 Limited Control A. 215-070-13-00 Property: Approvals From: To: Council Approval Date: Ordinance No: B. 215-070-36-00 Limited Control Effective Date: R-1-Q C. 214-550-01-00 Signature: R-1-Q R-1-10.000-Q I Attach additional pages if necessary I I RESOLUTION NO. 2002-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM AND APPROVING A ZONE CHANGE, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP, COASTAL DEVELOPMENT PERMIT, AND HILLSIDE DEVELOPMENT PERMIT TO REZONE, GRADE AND SUBDIVIDE 30.9 ACRES INTO 37 LOTS ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO: ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on January 16, 2002. hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, Zone Change 00-06, Local Coastal Program Amendment 00-08, according to Exhibit "LCPA 00-08" attached hereto, Tentative Tract Map 00-19. Coastal Development Permit 00-53, and Hillside Development Permit 00-10 to rezone 30.9 acres of land from Residential One-Family, 10,000 square foot minimum lot size, Qualified Development Overlay (R-1-10,000-Q) and Limited Control to Residential One-Family 7,500 square foot minimum lot size, Qualified Development Overlay (R-1-7,500-Q) and adopted Planning Commission Resolutions No. 5134, 5135, 5136, 5137, 5138 and 5139 recommending to the City Council that they be approved; and WHEREAS, the City Council did on the 19" day of February, 2002 hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, Zone 1 2 3 4 5 6 7 0 9 10 11 18 19 20 21 22 23 24 25 26 27 28 Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit and Hillside Development Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5134, 5135, 5136, 5137, 5138 and 5139 constitute the findings of the City Council except as modified below: "a. The subdivider shall be required to acquire and improve a secondary emergency access from the terminus of the proposed CUI de sac to the existing Poinsettia Lane to the satisfaction of the City Engineer pursuant to Carlsbad Municipal Code section 20.16.095 and Government Code section 66462.5. In the event the subdivider is unable to obtain the necessary property interests in order to implement this condition he shall report that fact to the City Council and either agree to improve the emergency access when the necessary property rights are obtained by the City or provide alternative emergency access through the subject property to Poinsettia Lane as required by the Council in its sole discretion. The agreement to improve the off-site emergency access shall be secured by security in an amount determined by the City Engineer and approved as to form by the City Attorney. The subdivider shall pay all costs for acquiring and improving the off-site real property interests required for such emergency access. "b. The subdivider shall provide a low profile wall along the entryway to' the subdivision at Aviara Parkway in order to shield the adjacent subdivision from vehicular noise and lights to the satisfaction of the City Engineer and the Planning Director." PASSED, APPROVED AND ADOPTED at a regular meetng of the City Council of the City of Carlsbad held on the 5th day of MARCH 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None hm LwR$INE M. WOOD, City Clerk (SEAL) LOCAL COASTAL PROGRAM LCPA: 00-08 a(S1 ti- Project Name: LARLSBAD PROMENADE I Related Case File No(s): PropertylLeqal Description(s): The northwest quarter of the ZC 00461 CT 00-191 CDP 00-531 HDP 00-10 I southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter Bernardino Meridian, in the County of San Diego, State of both of Section 22, Township 12 south, Range 4 west, San California, according to the official plat thereof. " LCPA Map Designation Change Property From: D. Signature: R-1-Q R-1-10.000-Q C. 214-550-01-00 Effective Date: R-1-Q Limited Control B. 215-070-36-00 Resolution No: R-1-Q Limited Control A. 215-070-13-00 Council Approval Date: To: Approvals Attach additional pages if.nkcessary