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HomeMy WebLinkAbout1983-05-25; Planning Commission; Resolution 21251 ,I I) 0 I /I PLANNING CONMISSION RESOLUTION NO. 2125 I 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CAR.LSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZON AFiENDMEET, AMENDING TITLE 21, CHAPTER 34, OF THE CAR PIUNICIPAL CODE REVISING TEiE P-M (PLANNED INDUSTRIAL) APPLICANT: CITY OF CARLSEAD CASE NO.: ZCA-166 WHEREAS, the Planning Commission did, on the 25th da 6 Iji_' 1983, hold a duly noticed public hearing as prescribed b o consider said request: and 8 WHEREAS, at said public hearing, upon hearing and gk onsidering all testimony and arguments, if any, of all persc esiring to be heard, said. Commission considered all factors 10 "/kelating to the Zone Code Amendment. I.2 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin l3 Lommission as follows: :::L That the above recitations are true and correct. That based on the evidence presented at the public heari the Commission recommends APPROVAL of ZCA-166, accordins Exhibit "A", dated May 25, 1983, attached hereto and mad 17 indings: 18 part hereof, based on the following findings: ) The revised P-M zoning ordinance will ensure that indust 19 development within the City of Carlsbad will be well des circulation systems. 20 comprehensively planned and integrated with existing use 21 2) The revised P-M zoning ordinance will encourage high quc 22 light and clean industrial uses in the City. 23 ///I 24 3) All provisions of the P-M zoning ordinance are consister the Land Use and Housing Elements of the General Plan. 25 il//// 26 ill// 27 il/// 28 /// 1 ,I e 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 the 25th of May, 1983, by the following vote, to wit: 3 Planning Commission of the City of Carlsbad, California, held 4 5 AYES: ma- Schlehuber, Corrunissioners Marcus, Farrow, NOES : None. Friestedt, Jose and Jose. 6 il ABSENT : Conmissioner Ronibotis. 7 8 ABSTAIN : None. 10 " 9 ITTEST: CLARENCE SCHLEHUBEX, Chairn CARSLBAD PLANNING COMMISSIC II 12 13 LAND USE PLANNING MANAGER /I 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 PC RES0 NO. 2125 2. I I ' .I . e * E&hibit "A" zCA-166 - May 25, 1983 1 I1 ORDINANCE EO. 2 3 4 AN ORDI~ANCE OF THE CITY COUNCIL OF THE CITY OF CAR: CALIFORNIA, AMENDING TITLE 21, CHAPTER 34 OF THE CA ~~J~JIcI~AL CODE BY REVISING THE P-M (PLANNED INDUSTR ZONE I me city Council of the city of Carlsbad, Californi "i rdain as follows: 6 SECTION 1: That Title 21, Chapter 34, of the Carls 7 11 lunicipal Code is amended to read as follows: €3 9 10 11 12 13 14 15 16 17 l8 1. 19 20 21 CHAPTER 21.34 P-M PLANNED INDUSTRIAL ZONE Sections: 21.34.010 Intent and Purpose 21.34.020 Permitted Uses 21.34.030 Conditional Uses 21.34.040 Uses Permitted by Specific Plal 21.34.050 Planned Industriai Permit 21.34.060 Industrial Condominiums 21.34.070 Development Standards 21.34.080 Design Criteria 21.34.090 Performance Standards 21.34.100 Cancellation of Planned Indust Permit 21.34.110 Amendments 21.34.120 Final Map 21.34.130 Final Planned Industrial 21.34.140 Certification of Occupancy 21.34.150 Maintenance 21.34.160 Failure to Maintain Development Plan ' 22i 2l.34.010 Intent and Purpose (a) Allow the location of business and light industric 23 engaged primarily in research and/or testing, compatible li anufacturing, business and professional offices when engas 24 ctivities associated with corporate offices or in activitj hose primary purpose is not to cater directly to the gene] 25 ublic, and certain commercial uses which cater to and are 26 (b) Promote an attractive and high quality design in 27 and identi'ty. ancillary to the uses allowed in this zone. evelopments which upgrades the City's natural environment 28 I * ,I , 0 0 1 (c) Provide for the phasing of development which is coordinated with the development of public improvements and (dl Encourage reduced energy consumption by building d development which provides housing for employees of this zo employees of this zone by a combination of bus facilities, 2 services. 3 and by allowing, in certain cases, compatible residential 4 (e) Provide for alternative transportation modes for 5 share programs, and pedestrian and bicycle circulation syst 6 7 8 21.34.020 Permitted Uses. The following uses are permi in the P-E4 zone without the granting of a conditional use F (a) Research and testing facilities; (b) Manufacturing and processing facilities; (c) Storage, wholesale and distribution facilities (d) Administrative offices associated with and accessc g a permitted use;. (e) On-site recreational facilities intended for the 1 (f) Business and professional offices which are not r< 10 in nature, do not cater to the general public, and do not 11 employees of the Planned Industrial Zone; generate walk-in or drive-by traffic as follows: 12 (1 1 Accountants (2) Administrative Offices (4) Advertising - Direct Mail (5) Airlines Offices, General Offices (8) Answering Bureaus 13 15 (5) Agricultural Consultants 14 (3) Advertising Agencies (7) Air Courier Service 16 (9) Appraisers 17 (11) Architect Design & Planners 18 (13) Attorney (No Legal Clinics) . -. .- (10) Arbitrators (12) Attorney Services (14) Audio-visual Services (16) Blueprinters (18) Building Designers (20) Burglar Alarm Systens organizations 19 (17) Bookkeeping Service 20 (15) Billing Service (21) Business offices for professional and labor 22 (19) Building Inspection Service 21 23 27 (28) Computer Programmers 26 (26) Commodity Brokers 25 (24) Collection Agencies 24 (22) Business Consultants (23) Civil Engineers (25) Commercial Artists (27) Communications Consultants (29) Computer Service (Time-sharing) 28 2. ,'II 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 @ 1) (30) Computer Systems (31) Construction Nanager (32) Corporate Headquarters Office (33) Corporate Travel Agencies & Bureaus (34) Credit Rating Service (35) Data Comunication Service (36) Data Processing Service (37) Data Systems Consultants (38) Diamond & Gold Brokers (39) Display Designers (40) Display Services (41) Drafting Services (42) Economics Research (43) Educational Consultants (44) Educational Research (45) Electric Contractors (Sales & Administrative Off ices Only) (46) Electronics Consultants (47) Energy Management Consultants (48) Engineering Offices (49) Environmental Services (50) Escrow Service (51) Estimators (52) Executive Recruiting Consultants (53) Executive Search Office (54) Executive Training Consultants (55) Export Consultants (56) Financial Planners & Consultants (57) Fire Protection Consultants (58) Foreclosure Assistance (59) Foundation-Educational Research (60) Franchise Services (61) Fund Raising Counselors (62) Gemologists (63) General Contractors (No Equipment Storage Permitted) (64) Geophysicists (65) Government Contract Consultants (66) Governmental Agencies (General & Administrat (67) Graphics Designers (68) Human Factors Research & Development (69) Human Services Organization (Administrative (70) Importers (71) Industrial Medical (Workmen's Comp.) (72) Incorporating Agency (73) Information Bureaus (74) Insurance Companies (Administrative Offices (75) Interior Decorators & Designers (No Merchanl Storage Permitted) (76) Investigators (77) Investment Advisory 3. .. - I' . Offices Only) Offices Only) ,* . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 I m 0 (78) (79) (80) (81) (82) (83) (84 1 (85) (86) (87 1 (88) (89) (90) (91 1 (92) (93 1 (94 1 (95) (96) (97) (98) (99 1 (100) (101) (102) (103) (104) (105) (106) (107) (108) (109) (110) (111) (112) (113) (114) (115) (116) (117) (118) (119) Investment Securities Labor Relations Consultants Leasing Services Lecture Bureaus Literary Agents Magazine Subscription Agents Mailing List Service Management Consultants Manufacturers Agents Marketing Research & Analysis Message Receiving Service Mutual Funds Patent Searchers Pension & Profit Sharing Plans Personal Service Bureau Photographic (Industrial & Commercial Only) Printing Services Product Development & Marketing Public Relations Services Public Utility Companies Publicity Services Publishers Representatives Radio Communications Real Estate Brokers (Commercial & Industrial Real Estate Developers Recording Service Relocation Service Repossessing Service Research Labs Retirement Planning Consultants Safety Consultants Sales Training & Counseling Searchers of Records Securities Systems Security Firms Sound System Consultants Space Planning Consultants Space Xesearch & Developments Stock & Bond Brokers Surveyors Tax Service & Consultants (No consumer orienl Telephone Cable Companies Only) .._ Uses) (120) Telephone Systems (121) Title Companies. (122) Tour Operators (123) Trade Mark Consultants (124) Translators & Interpreters (125) Trust Companies (126) Uses substantially similar to those identifi above if approved by the Land Use Planning Manager. 4. . . ,I I) 0 1 3 incidental to a permitted use. 2 (f) Government facilities and offices; (b) Hotels and motels 5 (a) Eating and drinking establishments in the P-PI zone upon the granting of a conditional use permi 4 21.34.030 Conditional Uses. "he following uses are pern (e) Health and athletic clubs (d) Day-care centers 6 (c) Automobile service stations (9) Accessory uses and structures where related and (h) Signs subject to the provisions of Chapter 21.41. 7 (f) Retail uses limited to the sales of goods and servj required for the convenience of the occupants of this zone. 8 9 following residential uses are permitted in the P-E4 zone upc 21.34.040 Residential Uses Permitted by Specific Plan. granting of a specific plan: zornbination thereof which serve to house the employees of t7 11 zone. Prior to the approval of a specific plan, the City Cc shall make the following findings: the City Council. an industrial park or large, industrial use. 10 (a) Single family, multiple family residential uses or 12 (1) A Planned Development Permit has been approve( 13 (2) The residential development is an integral pa: (3) The residential development is designed- to be i: _j ompatible with the industrial use it serves by means of 15 16 andscaping, open space separations, etc. rom the residential development. 17 esidential development shall provide for convenient and (4) The industrial development served by the fficient vehicular, bicycle or pedestrian transportation tc (5) The maxinum allowable density for the residen evelopment shall be established by the City Council but in ase shall it exceed 40 dwelling units per acre. l8F 19 21.34.050 Planned Industrial Permit. (a) Land Use Manager Approval. All new industrial deve ents, industrial subdivisions, residential developments, a 21 23 n his review of a Planned Industrial Development, the Land lanned Industrial Permit with the Land Use Planning Manage 22 uilding valuation of the existing development shall file f uilding modifications in excess of twenty-five percent of (b) Application. Application for a Planned Industrial ogether with the findings and reasons for such action. isapprove or give notice of referral to the.Planning Commi 24 roposed development and shall approve, conditionally appro lanning Manager shall ascertain all facts pertinent to the ermit shall be made in accordance with the procedures set 25 i 26 'n this section: 27 I1 5. 28 , . ,I 8 e (1) An application for a Planned Industrial Permit ' plans which allow for detailed review pursuant to this chapt provided him. The application shall be accompanied by adequ 3 shall be filed with the Land Use Planning Manager upon forms the authorized agent of the owner or owners. The applicatio 2 b, made by the record owner or owners of the property affect applicant shall pay a processing fee in an amount specified information specified by the Land Use Planning Manager. legal description of the property and all other materials an 4 5 (2) At the time of filing the application, the 6 zity Council resolution; Planned Industrial Development in phases, the application sh 7 (3) If the applicant contemplates the construction so state and shall include a proposed phasing schedule; (c) Findings of the Land- Use Planning Manager. In appr 81!a Planned Industrial 'Permit, the Land Use Planning Manager s e the following findings: (1) The site indicated by the Planned Industrial E adequate in size and shape to accomodate the proposed USE 11 yards spaces, walls, fences, parking, loading, landscapi (2) The improvements indicated on the Planned Indc other features required by this chapter; a1 Permit are located in such a manner to be related to xisting and proposed streets and highways; (3) The improvements as shown on the Planned Indus ermit are consistent with the int-ent and purpose of this zc all adopted development; design and performance s,tandarc et forth in this chapter. (d) Notification. The Land Use Planning Manager shall fy the applicant in writing of any decision made on a P: (e) Appeal of Land Use Planning Manager Decision. (1) The applicant or any other interested person r al, from any action of the Land Use Planning Manager wil ustrial Permit. pect to a Planned Industrial Permit, to the Planning omission. Any such appeal shall be filed with the Land 1 lanning Office within ten days of written notification of . d Use Planning Manager's decision. Upon the filing of a. al, the Land Use Planning Xanager shall set the matter nning Commission hearing. Such hearing shall be held wi, rty days after the date of filing the appeal. Within te lowing the conclusion of the hearing, the Planning Commi hall render its decision on the appeal. (2) At the time of filing for such appeal, the plicant shall pay a processing fee in an amount specified ty Council Resolution. (3) The decision of the Planning Commission shall sistent with the provisions of this chapter and shall be (4) If the Planning Commission fails to act on an peal within the time limits specified in this section, th peal shall be deerned denied. orted by appropriate findings. 28 I 6. , . ,. /I 0 e 1 (9) Appeal of Planning Commission Decision. (1) The applicant or any other interested person m 2 ppeal, from any action of the Planning Commission with resp Any such appeal shall be filed with the City C o a Planned Industrial Permit, to the City Council. - ithin ten days after the action of the Planning Commission 4 hich the appeal is being taken. 6 hirty days after the date of filing the appeal. Within ten set the matter for hearing. Such hearing shall be held with 5 Upon the filing of an appeal, the City Clerk s applicant shall pay a processing fee in an amount specified 8 Zouncil is final. 7 render its decision on the appeal. The decision of the City following the conclusion of the hearing, the City Council sh j_ (2) At the time of filing for such appeal, the City Council Resolution. consistent with the provisions of this chapter and shall be (4) If the City Council fails to act on an appeal 9 (3) The decision of the City Council shall be 10 within the time limits specified in this section, the appeal 11 supported by appropriate findings. 12 21.34.060 Industrial Condominiums and Planned Unit 13 Developments. Industrial condominium and planned unit shall be deerned denied. evelopment subdivisions and industrial condominium conversi ay be permitted in the P-M zone if the subdivision(s)'. meets ther requirements of this chapter and all requirements of-T 15 0 (Subdivision Ordinance). All condominiurn and planned uni evelopment subdivision applications shall be accompanied by 16 lanned Industrial Permit pursuant to Section 21.34.050 ~ith xception that said permit shall be approved by the same dec 17 aking body which approves the subdivision. 21.34.070 Development Standards. All industrial project l8 roviding for a higher maximum has been adopted. 20 I (a) Building Height. No building in the P-M zone shall 19 bhall comply with the following development standards: I r' 25 E iL rivate street by a mixture of mounding and landscaping to t xceed a height of thirty-five feet unless a specific plan (b) Setbacks 21 (1) Front Yard and Side Street Yard on Prime, Majc ,and Secondary Streets. Every lot in the P-M zone that has a econdary street shall have a minimum setback of fifty feet. is setback shall be measured from the right-of-way line. etback shall be entirely landscaped and irrigated; however, 24 lpon approval of the Land Use Planning Manager, the landscag ortion off the setback may be reduced to thirty-five feet t ccomodate a driveway along the portion of the setback furt? from the right-of-way or private street. Any driveway withi 22 /front yard or side street yard facing on a prime, major or 23 1 26 Gatisfaction of the Land Use Planning Manager. 27 he front yard setback shall be screened from the public or I 28 11 7. I1 li , . .I I1 0 e I1 (3) Side Yard - Interior. All interior side yards A wall ,or fence located in any required front setbc ide street setback area shall not exceed thirty-six inches (6) Landscaping in Parking Areas. A minimum of t< minimum lot area of one acre, The Land use Planning Manas ot coverage. (9) Private Streets. Private streets may be pernj ithin a Planned Industrial Development provided their widtf eometric design are related to the function, topography anc eeds of the development, and their structural design, paver 22$nd construction comply with the requirement of the City's L .-mprovement standards, The Planning Commission and City Cor 23 :;hall determine the width of private streets which shall in event be less than the minimum standards of this section. 24:?avement widths between curbs of private streets shall be nc :Less than the following: 25 26 27 28 211! Type of Street Minimum Width (Curb to Curl 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52 feet 8. , I .I I/ 0 0 1 1 21.34.080 Design Criteria. All industrial projects shal omply with the following design criteria: (1) The overall plan shall be comprehensive, imaginativ nnovative embracing land, buildings, landscaping and their lationships, and shall conform to adopted plans of all gov ental agencies for the area in which the proposed developme (2) Th.e plan shall provide for adequate open space, cir f-street parking and other pertinent amenities. ed,. orientated and related to the topographic and na ructures and facilities in the parcel shall be tures of the site. roposed development shall be compatible with planned surrounding land uses and with circulat on adjoining properties. It shall not constitute e isruptive element to the community; (4) The internal street system shall not be a dominant eature in the overall design, rather it should be designed cient and safe flow of vehicles without creating a fluence on the activity and function of the del (5) The design of buildings and surrounding environment architecturally integrated and compatible with eac? ning walls for storage spaces, loading areas 2 11 be architecturally integrated with the surrc . .. ding design. ... (7) Building placement shall be designed. to create ities €or plazas or other landscaped open spaces wit 21.34.090 Performance Standards. All industrial uses sk (a) Noise. The maximum allowable exterior noise level the following performance standards: 1 not exceed sixty-five Ldn as mea,sured at the se level shall not be in excess of 45 Ldn as hin the interior space of the neighboring t. Noise caused by motor vehicles traveling to . Where a structure is occupied by more than c are exempt from this standard. All uses shall be operated so as not to emit g unpleasant odors which are perceptible to the on while within or beyond the lot containing SUC (c) Vibration. All uses shall be so operated as not tc enerate vibration discernible without instruments by the a\ on or beyond the lot upon which the source is ocated or wit'nin an adjoining enclosed space if more than c t occupies a structure. Vibration caused by mot ehicles, trains and temporary construction is exempted fron dity, Heat and Glare. All uses shall be operat oduce humidity, heat, glare or high-intensity il ch is perceptible without instruments by the avc on or beyond the lot containing the use. I1 9. '. . .I II e 1) 1 (e) Particulate Matter and Air Contaminants. All uses neet the air quality stand.ards of the San Diego County Air 2 .enclosed building. treating operations shall be conducted entirely within an 5 bling, compounding, fabrication, packaging, processing and person while on the lot containing such uses. which are readily detectable without instruments by the avel 3 operated so as not to emit particulate matter or air contami 2uality Control Board (AQCB). In addition, all uses shall I: jndustrially zoned properties. to the approval of the Land Use Planning Manager. walls or landscaping used for screening purposes shall be SI 10 not possible, trees and other plant materials shall be used streets. If complete visual screening of stored materials : Q the view of industrially zoned adjoining properties and pub: mildings on the site and shall screen the stored materials 8 such wall shall be architecturally compatible with the main concrete or masonry wall not less than six feet in height. 7 equipment, shall be completely enclosed by a solid decoratiT (9) Outdoor Storage- All outdoor storage, including 6 4 (f) Manufacturing Operations. .All manufacturing, assen 11 Outdoor storage shall not be allowed adjacent to non- (h) industrial^^ Waste Discharge. All discharge of indu: "/ly,ste shall be in conformity with the provisions or' Chapter ~ - 13 f this code, as amended. 14 1 21.34.110 Amendments. " ... L (a) Amendments to a Planned Industrial Permit may be 15 nitiated by the property owner or authorized agent as follc (1) A request for an amendment shall be submitted 16 he Land Use Planning Manager in written form and shall be ccompanied by such additional graphics, statements, or 0th 17 'nformation as may be required to support the proposed amen4 men necessary, the amendment shall be accompanied by an 18 mendment to any corresponding tentative map or tentative p, (2) If the Land Use Planning Manager considers th mendment minor in nature, the additional graphics, stateme. anager and made part of the original approval. (3) A minor amendment shall not change the bounda f the subject property, or involve an addition of a new bu 22 r group of buildings not shown on the original permit of g han ten percent in approved yards, coverage, height, open 23 r landscaping, provided no changes shall be less than requ y this chapter. If the Land Use Planning Manager determin 24 hat the amendment is not minor, a new Planned Industrial P shall be filed. 25 (4) If a new Planned Industrial Permit is require applicant shall submit a completed application with graphic 26 statements, or other information as may be required to supp the proposed modification. 27 28 10. I Lap : 19 I 20 ther information may be approved by the Land Use Planning 211 r . . .* , // a 0 (5) A fee, as specified by City Council resolution ed for an amendment to a Planned Industrial (6) An application for an amendment of a Planned ndustrial Permit shall be processed and determined in accor e provisions of this chapter applicable to the adopti ed Industrial Permit; 21.34.120 Final Map. Building permits for construction ithin any Planned Industrial Development shall not be issue ntil a final subdivision map has been recorded for the proj f said map has been processed concurrently with a Planned ial Permit. A final mag which deviates from the onditions imposed Sy the permit shall not be approved, The e Planning Manager and City Engineer may approve minc final map if such changes do not deviate fror: ons imposed by the permit and is in substantial onformance with Yne Planned Industrial Permit, 21.34.130 Final Planned Industrial Development Plan, (a) For applications that have filed a parcel map or entative map concurrent with a Planned Industrial Permit, 2 lanned Industrial Development Plan shall be submitted the Land Use Planning Manager prior to the tion df the final map. plications that have not filed a parcel mag c ve map concurrent with a Planned Industrial Permit, 2 inal Planned Industrial Development Plan shall be submittec roved by the Land Use Planning Manager prior to the ssuance of any building permits. (c) The final Planned Industrial Development Plan shall eflect all required revisions and refinements. The final Industrial Development Plan shall include: (1) Improvement plans for private streets, water, e and drainage systems, walkways, fire hydrants, par? nd storage areas. The plan shall include any off si1 cessary for proper access, or for the proper operatic sewerage or drainage system; (2) A final grading plan; (3) Final elevation plans; (4) A final landscaping plan including methods of ant types, sizes and location; irrigation sy: (5) A plan for lighting of streets, driveways and a Planned Industrial Development contains an: s proposed to be held in common ownership, th plicant shall submit a declaration of covenants, conditio, ith the final Planned Industrial Development ; on shall set forth provisions for maintenance 26 11 common areas, payment of taxes and all other privileges esponsibilities of the common ownership and shall be revie 27 nd subject to approval by the Land Use Planning Manager an ttorney. 28 -7 howing location, dimensions and types; and p: I1 II. 11 *. . .* . ll m e (a) A final Planned Industrial Development plan may be ubmitted for a portion of the development, provided the La1 nning Manager approves the construction phases as part 01 ermit. The plan for the first portion must be submitted w: time limits of this section, Subsequent units may be ubmitted at later dates in accord with the approved phasinc (e) The Land Use Planning Manager shall review the plai y to the requirements of this chapter and the Plan] ndustrial Development permit. If he finds the plan to be : pprove the plan. al conformance with all such requirements, he shal 21.34.140 Certification of Occupancy. A certification I shall not be issued for any structure in a Plannec ndustrial Development until all improvements required by tl ndustrial Permit have been completed to the satisfq f the City Engineer, Land Use Planning Manager and the Dir ng and Planning, 21.34.150 Maintenance. All private streets, walkways, ; ng areas, landscaped areas, storage areas, screening, sewe facilities, utilities, open space and other improv d to public use shall be maintained by the prop as otherwise approved by the City Council. Provi; o the City shall be made for the preservation a: ce of all such iRprovements prior to the issuance t uilding permits. 21.34.160 Failure to Maintain, (a) All commonly owned land, improvements and faciliti hall be preserved and maintained in a safe condition and i good repair. Any failure to so maintain is unlawf sance endangering the health, safety and genera f the public and a detriment to the surrounding (b) In addition to any other remedy provided by law fo emoval and enjoinment of such public nuisance, eer may, after giving notice, cause the necessary ance or repair to be done. The costs thereof sha gainst the owner or owners of the project; (c) The notice shall be in writing and mailed to all- p s appear on the last equalized assessment roll as a1 property within the project at the address s essment roll. Notice shall also be sent to any p nown to the City Engineer to be responsible for the mainte of the common areas and facilities of the project or agreement, The City Engineer shall also ca copy of such notice to be posted in a conspicuous ises. No assessment shall be held invalid for f mail or correctly address any notice; 27 28 12. . . .. , e 0 1 (d) The notice shall particularly specify the work req to be done and shall state that if the work is not commence 2 within five days after receipt of such notice and diligent1 will be.assessed against the property or against each separ 4 such work, including incidental expenses incurred by the Ci cause such work to be done, in which ,case the cost and expe 3 without interruption prosecuted to completion, the City sha lot and become a lien upon such property; for in Subsection (a), the work has not been done, or havin Engineer shall proceed to do such work or caus.e such work t ~7 done. Upon completion of such work, the City Engineer shal a written report with the City Council setting forth the fa 8 the work has been completed and the cost thereof, together legal description of the property, against which cost is to g assessed. The City Council shall thereupon fix a time and for hearing protests against which the cost is to be assess 10 against the assessment of the cost of such work, The City Engineer or the City Clerk, if so directed by the Council, 11 thereafter give notice in writing to the owners of the proj the manner provided in Subsection (c) of the hour and place 12 the City Council will pass upon the City Engineer's report will hear protests against the assessments. Such notice sh 13 also set forth the amount of the proposed assessment; (f) Upon the date and hour set for the hearing of prot 14 the City Council shall hear and consider Yne City Engineer' 15 confirm, modify or reject the assessments; 16 Council shall be sent to the City Treasurer for collection. any assessment is not paid within ten days after its confir 17 by the City Council, the City Clerk shall cause to be filed the Office of the County Recorder of the County a notice of 18 substantially in the following form: 5 (e) If upon the expiration of the five-day period prov 6 commenced, is not being performed with diligence, the City report and all protests, if there be any, and then proceed (9) A list of assessments as finally confirmed by the 19 ! 20 21 22 23 24 25 26 27 28 13. I. . ... I 0 0 I I/ "EOTICE OF LIEN 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 t ~ Pursuant to Chapter 21.45, Title 21, of the Carlsbad Hunicipal Code (Ordinance No. 1, the City of Carlsbal on the - day of , 19 , cause maintenance I report work to be done in the Planned Industrial DeveloDmen, - & project known as which was constructed under the Planned Industrial DeveloDment Permit I for the purpose of abating a public nuisance.ind enforcinl compliance with the terns of said permit, and the Council o City of Carlsbad did on the day of , by its Resolution No. assess the cost or portion o cost thereof upon the rear property hereinafter described, the same has not been paid nor any part thereof, and the Ci Carlsbad does hereby claim a lien upon said real property u the same sum with interest thereon at the maximum rate all0 law from the date of the recordation of this instrument has paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby clai: that certain parcel of land in the City of Carlsbad, County San Diego, State of California, particularly described as follows: - (Description of Property) 1 Dated this day of , 19 . - , City Clerk, 1 of Carlsbad. " (h) From and after the date of record.ation of such not lien, the amount of the unpaid assessment shall be a lien o property against which the assessment is made, and such ass ment shall bear interest at the maximum rate allowed by law /paid in full. The lien shall continue until the amount of assessment and all interest thereon has been paid. The lie shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, shall have priority over all contractual liens and all fixe' special assessment liens which may thereafter be created ag the property. From arid after the date of recordation of su notice of lien, all persons shall be deemed to have notice contents thereof. 23 24 25 26 27 28 14. '. . * _. I/ a 0 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective days after its adoption, and the City Clerk shall certify tl adoption of this ordinance. and cause it to be published at once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting to Carlsbad City Council held on the day of 1983, by the following vote, to wit: AYES : NOES : ABSENT : ATTEST : MARY CASLER, May0.r ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 15.