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HomeMy WebLinkAbout1970-01-06; City Council; 9245; NW, SW & SE I-5 & Poinsettia Ln. SP9 and free of all liens and encumbrances. C. All land and/or easements required by this ordinance shal be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. xx E 1( 1: 1: 1: 1 1 1 1 1 3 2 2 2 2 3 3 3 0. @. ORDINANCE NO. 9245 AN ORDINANCE OF THE OF CARLSBAD, ADOPT1 TO ANNEXATION OF PR CARLSBAD, ON THREE NORTHWEST, SOUTHWES OF INTERSTATE #5 AN CITY COUNCIL OF THE CITY NG SPECIFIC PLANS SUBJECT OPERTY TO THE CITY OF PARCELS OF LAND ON THE T, AND SOUTHEAST QUADRANTS D POINSETTIA LANE. The City Council of the City of Carlsbad, California, DOES IRDAIN that a Specific Plan for the hereinafter described real pro- ierty be adopted in the llowing particulars: SECTION 1. PROPERTY DESCRIPTION. Those portions of Section 28 and Fractional Section 29, Township 12 South, Range 4 West, in the County of San Diego, State of California, being Portions of Parcels 24 and 30, Book 214, Page 170; and Parcel 5, Book 214, Page 150 of the Assessor's Map of San Diego County. SECTION 2. GENERAL CONDITIONS. The Specific Plans, marked A-1, A-2, A-3 and A-4, attached hereto, entitled "Specific Plans for H.B. Development Company, are subject to the following condi- tions and restrictions: A. The development of the property described in Section 1 hereof shall be subject to the restrictions and limitations set forth herein which are in addition to all of the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force for the purpose of preservinq the residential charactc istics of adjacent properties. B. All public improvements shall be made in conformity with the Subdivision Ordinance and other City standards to the satisfa 1 2 3 4 5 6 7 8 9 10 11 SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following conditions shall apply with respect to those areas reclassified to C-2 (General Commercial) and shall be developed in conformance with their respective Specific Plans, as follows: A. That details of all work in the public right-of-way, including but not limited to driveway locations, shall be I 12 13 14 subject to the approval of the City Engineer; C. Offstreet parking shall be in conformance with Ordinance No. 9060, Article 15, Section 1511, designating numbers of parking spaces; B. All areas shown as GREEN areas on the Specific Plans shall be landscaped in conformance with City Ordinance No. 9181, and shall be the responsibility of the applicant to assure maintenance of said areas; 15 16 17 18 19 20 D. Six-foot (6 ft.) high, masonry walls shall be required on the North boundary line of Specific Plan A-3 and on the South line of Specific Plan A-2; Signing shall be in conformance with the City of Carlsbad Sign Ordinance No. 9224, with the following interpretation pertaining to Specific Plans A-1 "Since said cluster utilizes the concepts of both a free- E. and A-2: way service facility and general commercial zone, one (1) pole sign shall be permitted for each use and one (1) freeway sign shall be permitted, provided it is utilized only for those uses normally recognized as being a part of a freeway service facility." F. That development plans be subject to review by the Plannin Department, prior to issuance of any building permit, to insure conformance with the Specific Plans A-1, A-2, A-3, I I ! I( 1: 1; 1; 14 1: 1G 17 1E 1s 2c 21 22 23 24 25 26 27 28 29 30 31 32 I 0. G. That a concept of architecture be adopted for the project and that all elevations for the project be subject to re- view and approval by the Planning Department; H. That a Record of Survey be filed, covering the entire area to be annexed, prior to issuance of any permits for grading or building; I. That all street improvements be completed adjacent to im- proved property prior to the Building Department's issu- ance of an authorization to occupy said improved property except that, Poinsettia Lane Westerly of Avenida Encinas may be deferred until the Planned Community Zoning West of the railroad is developed or until, in the opinion of the City Engineer, traffic warrants construction. J. That all improvements be constructed as required by the Subdivision Ordinance and the City Engineer; K. That ve cular access rights 0 Poinsettia Lane be dedi- cated to the City, except at street intersections and at driveways, shown on Specific P L. That prior to issuance of permits for grading or building a report prepared by a consulting traffic engineer and showing projected ultimate traffic volumes on streets within the annexed areas, shall be submitted to the City; M. That sewer service be provided by the City of Carlsbad and that all trunk lines be constructed to ultimate size by the developer; N. That the City and the developer shall enter into a Reim- bursement Agreement, covering construction of the trunk line from the Encina Water Pollution Control Facility to Poinsettia Lane. The developer shall be reimbursed as * >.* *r .* 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 28 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4 I' a. Water Pollution Control Facility to Northerly boundary -- 100 percent; Northerly boundary to Poinsettia Lane -- Difference between cost and cost to construct a ent size to serve the total development (based on City Engineer's estimate.) b. e of suffici- il 0. That the developer be relieved on any requirement to con- struct the sewer trunk line between Poinsettia Lane and the Southerly boundary and, that the developer's total reimbursement be reduced by the estimated cost to construc-: an eight-inch (8 in.) sewer line in that area; That water service shall be provided by the Carlsbad Municipal Water District; That all streets shown on the Project Site Plan be dedi- cated to the City, according to a schedule approved by the City Engineer; That details concerning responsibility for construction of a grade separation across the A.T. & S.F. railroad at Poinsettia Lane, be arrived at between the developer and the City staff, for approval by the City Council, prior to annexation. That the developer fund 25 percent (equivalent to one leg) of the cost of a traffic signal on Poinsettia Lane at Carlsbad Boulevard; construction to take place at such time as traffic warrants; Fire hydrants and water mains to supply them shall constructed as follows and any deviation therefrom shall be approved by the Fire Chief and City Engineer: (1) P. Q. R. S. T. be The standard minimum size of mains used for hydrant supply: xx xx -4- 1 2 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a. For residential districts (the mobile home park to be considered as a high density, residential district) - 8-inch; 6-inch to be used only where it completes a good gridiron and in no case in blocks 600 feet or more in length; b. For mercantile districts, 8-inch and 12-inch; the former to be used only in sections where it completes a good gridiron, and the latter for long lines not cross-connected; (2) Hydrants - as per specifications on file with City Engineer and the Water Department: a. Residential area, one to each 120,000 square feet, not to exceed 450 feet apart; b. Mercantile areas, one to each 80,000 square fee not to exceed 350 feet a c. On-site as well as off-site hydrants within the annexed area, will be required. The location o all hydrants shall be approved by the Fire De- partment. U. Road widths for those areas zoned Planned Community, shal be considered at the time their respective Specific Plan and Tentative Maps are reviewed. Street widths for those other streets are as follows: a. Poinsettia Lane, from Carlsbad Boulevard to Batiquito Road, will be a major arterial highway, 102 feet wide with an l8-foot wide median divider; b. Avenida Encinas, from the North boundary to the South boundary, will be a modified collector street, 100 feet wide, with a minimum l6-foot median divider through a majority of the property; c. The median dividers on both streets shall be land- scaped by the developer in conformance with a plan approved by the City Planning and Engineering De- partments. SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE OF BUILDING PERMIT. The following shall be granted to the City of -l Carlsbad before any building permit will be issued for the develop- ment of the property described in Section 1 hereof: A. All street improvements including water, sewer, under- ground power and telephone, street tree planting, street light, storm drain and any other improvements deemed necessary by the City Engineer shall be installed in conformance with City Standards and indicated on an approved improvement plan prior to the issuance of a building permit. B. All lands necessary for street widening shall be dedicated to the City of Carlsbad pri,or to approval of said improvement plan. C. A grading plan shall be submitted prior to the issuance of a building permit. SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Building Department shall not approve any building >for occupancy until the Planning Director has certified that all the conditions of this ordinance have been satisfied. The Planning irector of the City of Carlsbad is designated Za 25 26 veloped and improved. However, the owners of the subject property 27 may appeal to the City Council any decision of the P1 nning Direc- 28 tor relative to this Specific Plan. Such appeal shall be in 29 as the enforcing officer of this Specific Plan. His decision shall be final as to whether the subject property has been property de- writing and filed with the City Clerk within 10 days the receipt of the decision of the Planning Director. The City 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective 30 days after its adoption. The City Clerk of the City of Carlsbad shall certify to the adoption of this Ordinance and cause it to be published once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of December, 1969, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council on the 6th , day ofJanuary , 1970, by the following vote, to wit: AYES: Councilmen Dunne, Neiswender and McComas