HomeMy WebLinkAbout1971-11-16; City Council; 9283; Thum Lands tract 231 (N/Tamarack & E/AT&SF ROW) SP1
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ORDINANCE No. 9283
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AN ORDINANCE OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED NORTHERLY OF TAMARACK AVENUE AND EASTERLY OF THE A.T. & S.F. RAILROAD RIGHT-OF-WAY.
The City Council of the City of Carlsbad, California, DOES
ORDAIN that a Specific Plan for the hereinafter described real
property be adopted in the following particulars:
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SECTION 1. PROPERTY DESCRIPTION. A portion of Tract 231
of Thum Lands in the City of Carlsbad, County of San Diego, State
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of California, according to map thereof No. 1681 filed in the
office of the County Recorder on December 9, 1915; also known as
Assessor's Parcels 9, 11, 12, 13, 24, 25, Page 28, Book 204, and
more particularly described in application on file in the office
of the City Clerk.
SECTION 2. GENERAL CONDITIONS. The Specific Plan, entitled
Exhibit "A", attached hereto, is subject to the following condition
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 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 preserving the residential characteristics of adjacent
properties.
8. All public improvements shall be made in conformity with
the subdivision ordinance and other City standards to the satisfac-
tion of the City Engineer, without cost to the City of Carlsbad,
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.
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D. No other use shall be allowed upon said property until
Specific Plans for it have been submitted and approved by the
2ity Planning Commission and the City Council.
SECTION 3. PRIVATE DEVELOPMEHT CONDITIONS. The following
Zonditions shall apply with respect to any development after the
2ffective date of this ordinance of the property described in
Section 1 hereof.
1. That the City be given the option of purchasing the 4.2
2cres of property now a portion of Phase I1 of the development.
This property would be utilized for park purposes and the option
shall be exercised by the end of April 30, 1972, and will be subjec
to an extention of 45 days if deemed necessary.
2. Lot shall be graded to drain to Tamarack Avenue. A
drainage inlet and pipe connecting to main storm drain in the
railroad right-of-way shall be constructed.
3. Additional right-of-way shall be dedicated to the City an
jtreet improvements in accordance with subdivision ordinance shall
se constructed on Tamarack Avenue and Jefferson Street. If con-
struction is impractical , the City Engineer may defer improvements
subject to execution of future improvement agreement.
4. That a continuous six-foot high wall be constructed
around the entire development.
5. That a 48-foot turn around or hammerhead be provided if
emergency access is more than 200 feet in length.
6. That fire access be provided within 150 feet of any
structure by way of service lane or an emergency fire lane.
7. That the fire chief spot all necessary fire hydrants.
8. That a landscape and sprinkler plan be submitted for
approval by the P1 anni ng Department.
9. That the architectural theme be in general conformity
with the theme shown in Exhibit B.
10. That the Specific Plan of development be adopted in
conformance with Exhibit A.
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dedication agreement with the City of Carlsbad.
12. That Phase I1 be resubmitted at a later date for
Specific Plan approval.
SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE
OF BUILDING PERMIT. The following shall be granted to the City I
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of Carlsbad before any building permit will be issued for the
development of the property described in Section 1 hereof: i 1 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
Engineer shall be installed in conformance with City Standards and
indicated on an approved improvement plan prior to the issuance
of a building permit.
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1 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 Director of the City of Carlsbad is designated
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as the enforcing officer of this Specific Plan.
be final as to whether the subject property has been properly
developed and improved.
His decision shall
However, the owners of the subject property
lmay appeal to the City Council any decision of the Planning Directo
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relative to this Specific Plan. Such appeal shall be in writing
and filed with the City Clerk within 10 days following the receipt
iof the decision of the Planning Director. The City Council's
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SECTION 6. EFFECTIVE DATE. This ordinance shall be
ffective 30 days after its adoption. The City Clerk of the
ity of Carlsbad shall certify to the adoption of this ordinance
net cause it to be published once in the Carlsbad Journal within
ifteen (15) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
ouncil of the City of Carlsbad, California, held on the 2nd day
f November, 1971, and thereafter PASSED AND ADOPTED at a regular
eeting of said City Council on the 16th day of November, 1971,
y the following vote, to wit:
AYES: Councilmen Dunne, McComas and Lewis.
NOES: [\lone
ABSENT: Councilman Castro
ABSTAINED: Councilman Jardine
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City of Carlsbad, California
TTEST:
SEAL)
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