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HomeMy WebLinkAbout1971-11-16; City Council; 9283; Thum Lands tract 231 (N/Tamarack & E/AT&SF ROW) SP1 2 3 4 5 6 7i 8l 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE No. 9283 ~ j I I 11 I 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: .27 28 29 30 31 32 SECTION 1. PROPERTY DESCRIPTION. A portion of Tract 231 of Thum Lands in the City of Carlsbad, County of San Diego, State I 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. 1 2 3 4 5 6 7 8 9 10 11 32 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 29 30 31. 32 '. 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. -2- 2 3 4 5 6 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 71 8 9 10 11 12 13 14 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. I 15 16 17 18 19 20 21 22 23 24 25 26 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 i 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 I 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 1 2 9 L 4 f E 'i E s 1c 11 3: 1: lf It li 1' I( l! 2( 2: 2; 2 2, 2 2 -2 2 2 3 3 ;3 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 c City of Carlsbad, California TTEST: SEAL) -4-