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HomeMy WebLinkAboutMP 139A; Rancho Carrillo Master Plan; Master Plan (MP) (15)March 20, 1981 Summary of City Attorney's Comments (2/24/81) on Rancho Carrillo Master Plan 1) Master Plan does not comply with requirements of Carlsbad Planned Community Zone nor the provisions, of the State Government Code regulating specific plans. 2) Master Plan must comply with all city General Plan Elements. 3) General Provisions should be added to front section of Master Plan (similar to La Costa Master Plan) including non- vesting of rights, amendments, public service availability, public facilities agreement for entire master plan area. 4) Definitions (pg. 3-7) are incorrect. Specific issues include: Apartment house; attached; berm'^building; building height; commercial coach; community facilities; CUP; condo; density; development standard; dwelling unit; family; General Plan; gross area; housing element; incentive; master plan; open space; permitted; recreational vehicle; revision; setback; specific plan; structure; temporary; transit. These definitions are incorrect, and do not comply with the requirements of the law. 5) Design Manual. If the design manual is intended to fulfill PC requirements, it must be adopted concurrent with, and be incorporated into, the Master Plan text. "It is an explicit development scheme for the entire Rancho Carrillo project... it cannot be adopted later." 6) Site Plan Review. To assure individual areas developed consistent with development standards contained in plan ... plan doesn't contain any development standards ... totally unacceptable. 7) Development Standards are unacceptable, there aren't any. 8) Planning area modification (pg. 13) procedure establishes no standards for determining which method to use. 9) Condominiums and PUD (pg. 13) provisions cannot be waived unless specific standards are set in Master Plan which are consistent with the general city code requirements. If no standards are set in plan, then city zone provisions must prevail. 10) Building Height must "be measured in feet . 11) Off-street Parking significant concerns that two-car garages are not required. 12) .-Building Setbacks to be established in site plan review is not acceptable since no standards for making determination are given. 13.) Standards (pg. 16 to 22) lack clarity. -Permitted uses are vague; "difficult to view the development standards... as a serious attempt to meet the requirements of Chapter 21 .38 (PC code) . 14) Site Plan Review (pg. 24 to 37(a). Totally inappropriate without development standards. "Standards must be spelled out and the limit to the decision makers discretion must be established." Reasons listed for site plan review are "for the use of ... and not for the establishment of a mechanism." 15) Procedures establishes no procedure for review of plans. Section must clearly specify how plan is to be reviewed; against what standards,; noticing; public. hearing; when review will occur (reference: Chapter 21 .47, condo permit) . Fifty day review is not sufficient; no provisions for extensions or not meeting deadline. 16) (Pg. 25) include clear statement that if there is no site plan review, there is no tentative map. Eighteen month time period is appropriate, but there is no reason to suspend time limits for reason beyond the control of the city. 1.7) Revisions plan must include standards for decision of "minor" amendment; decision should rest with Planning Director with appeal to Planning Commission (no reason for City Manager) . Page 2 18) Final Site Plan Review (pg. 26) revise to establish that . Planning Director may approve only if consistent with the preliminary site plan and all conditions of approval. 19) Site Plan Review standards for review are vague; need more concrete development standards; suggest including La Costa zoning alternative, standards and criteria. 20) Affordable Housing applies only to moderate income; too many bonuses proposed ("windfall for developer); inconsistent with Housing Element." Must put limit on height increase for affordable. 21) Public Facilities (pg. 43+) ..." wholly inadequate to protect the needs of the community." Plan must spell out obligation of developer to provide necessary public improvements. Provisions for public facilities without phasing (pg. 43) must include streets, signals and other necessary improvements. 22) Assessment District if this is proposed, plan must indicate how assessment districts will be processed. 23) Public Facilities plan fails to discuss provision of schools, fire stations, government facilities, etc. (Suggest reference La Costa Master Plan). Fails to establish program for meeting public facility needs (parks, schools, etc.). 24) Planning Area Adjustments "How can a deviation of up to 20$ be considered minor?" 25) Phasing no adequate phasing schedule for public facilities improvements. Page 3 PT:ar