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HomeMy WebLinkAbout1971-10-19; City Council; 9281; SE/Highland Dr. & Magnolia Ave. SP1 AN ORDINANCE OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HIGHLAND DRIVE AND MAGNOLIA AVENUE. The City Council of the City of Carlsbad, Californis, DOES ORDINANCE NO. 9281 I '1 I ORDAIN that a Specific Plan for the hereinafter described real property be adopted in the following particulars: 9 28 11 I 12 I' 31 32 13 1;s: be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. SECTION 1. PROPERTY DESCRIPTION. All that portion of Tract 246 of Thum Lands according to map thereof No. 1681 filed in the office of the County Recorder of San Diego, December 9, 1917; also being known as Assessor's Parcel 30, Book 205, Page 022, in the City of Carlsbad, County of San Diego, State of California; more particularly described in application on file in the office of 15ii the City Clerk. 16 /I I SECTION 2. GENERAL CONDITIONS. The Specific Plan, entitled " Exhibit "A", attached hereto, is subject to the following condition 17 ll I( and restrictions: 18 19 li 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 requirements, limitations 20 21 and restrictions of all municipal ordinances and State and Federal 22 11 /I statutes now in force, or which hereafter may be in force for the 23 j I( purpose of preserving the residential characteristics of adjacent 2.4 I 25 /j properties. B. All public improvements shall be made in conformity with I I 1 2 3 4 5 6 7 I 8 9 10 1111 with Exhibit "A". Applicant shall enter into a park or "fee-in- D. No other use shall be allowed upon said property until Specific Plans for it have been submitted and approved by the City Planning Commission and the City Council. SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following conditions shall apply with respect to any development after the effective date of this ordinance of the property described in Section 1 hereof. 1. Densities will not exceed the densities specified in the General Plan. 2. A concept of development shall be adopted in conformance 12 13 14 15 17 18 2o 21 22 23 24 251/ 29// public sewer. lieu of dedication" with the City. 3. All utilities shall be placed underground and no overhead poles or lines shall be permitted. 4. Applicant shall install City Fire Department approved type fire hydrants at the Northeast and Southwest corners of the property. 5. Prior to the issuance of any building permits, applicant shall clear his plans with the fire department with regards to locations of fire extinguishers within or around the structures, provisions of handling combustible rubbish, and the possibility of providing a "hammerhead" or other satisfactory means of turning a fire truck around on at least one access road shown. 6. Applicant shall install complete 1/2 street improvements on Highland Drive and Magnolia Street frontages of this property including the following: (curb, gutter, sidewalk, pavement on 8. A future improvement agreement for storm drain along 30 /I 1 adequate base, ornamental street lights approved by the City Engin- eer, and street trees as required by Parks and Recreation Director.) 7. Sewer system shall be constructed to tie into nearest 31il easterly boundary shall be entered into with the City Engineer. 32 9. A subdivision map shall be recorded for this parcel of I property in accordance with the State Map Act. ll -2- II I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 l6 17 l8 19 2o 21 22 23 24 25 26/i -3- 10. That an architectural theme for the proposed development shall be adopted in conformance with Exhibit IIB". I 11. That carports shall be designed to have garage doors. 12. That provisions for the future maintenance of common I areas and exteriors shall be subject to the Etpproval of the City Council. SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE OF BUILDING PERMIT. The following shall be granted to the City of Carlsbad before any building permit will be issued for the development of the property described in Section 1 hereof: A. All street improvements including water, sewer, underground power and telephone, street tree planting, street light, storm drain and any other improvements deemed necessary by the City Engin- eer shall be installed in conformance with City Standards and indicated on an approved improvement plan prior to the issuance of a biilding permit. B. All lands necessary for street widening shall be dedicated to the City of Carlsbad prior 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. I The Planning Director of the City of Carlsbad is designated as the enforcing officer of this Specific Plan. His decision shall li i be final as to whether the subject property has been properly .27 28 I developed and improved. However, the owners of the subject 29 30 Director relative to this Specific Plan. Such appeal shall be in 31 32 property may appeal to the City Council any decision of the Planning writing and filed with the City Clerk within 10 days followlng the receipt of the decision of the Planning Director. The City L 2 3 4 5 6 7 8 9 1c 11 12 12 14 1: le 1: 1E 1: 2( 2: 2: 2: 21 2i 21 .2' 2 2 3 3 3 :ouncil's decision shall be final. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effec- tive 30 days after its adoption. The City Clerk of the City nf :arlsbad shall certify to the adoption of this Ordinance and :ause 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 Eouncil of the City of Carlsbad, California, held on the 5th day of September, 1971, and thereafter PASSED AND ADOPTED at a regular neeting of said City Council on the 19th day of October, 1971, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Jardi ne , Cas tro and Leni s. NOES : None. ABSENT : None. City of Carlsbad, California ATTEST: (SEAL)