HomeMy WebLinkAbout1972-04-18; City Council; 9300; Mabee - Daisey's Restaurant (850 Tamarack Ave.) SP* .- 3
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ORDINANCE NO. 9300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED AT 850 TAMARACK AVENUE. (Mabee - Daisey's Restaurant)
The City Council of the City of Carlsbad, 'California, DOES
IRDAIN that a Specific Plan for the hereinafter described real
iroperty be adopted in the foll owing parti cul ars :
SECTION 1. PROPERTY DESCRIPTION. Lot 2, Tamarack Plaza Map
io. 5944; Also known as Assessor's Book 204, Page 032, Parcel 37,
in the City of Carlsbad, County of San Diego, State of California,
nore particularly described in application and map on file in the
Iffice of the City Clerk.
SECTION 2. GENERAL CONDITIONS: The Specific Plan, entitled
ixhibit "A", attached hereto, is subject to the following condition1
ind restrictions:
A. The development of the property described in Section 1
iereof shall be subject to the restrictions and limitations set
Forth herein which are in addition to all requirements, limitation
ind restrictions of all municipal ordinances and State and Federal
statutes now in force, or which hereinafter may be in force for the
lurpose of preserving the residential characteristics of adjacent
iroperties.
B. 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,
ind free of all liens and encumbrances.
C. All land and/or easements required by this ordinance shall
ie granted to the City of Carlsbad without cost to the City and
free of all liens and encumbrances.
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I 1 D. No other use shall be allowed upon said property until I
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
1 effective date of this ordinance of the property described in
Section 1 hereof.
1. That the development of subject property shall conform 1 to all ordinances of the City of Carlsbad unless the Specific Plan
Exhibit "A" and/or the following conditions are more restrictive.
2. A complete landscape plan shall be submitted to the Plann-
ing Department and Parks and Recreation Director prior to the
issuance of any building permit.
I 3. Freeway service signs shall be limited to one (1) free-
I I standing pole sign to be used by both the service station and the
restaurant facilities, and shall comply with the City of Carlsbad
sign ordinance.
4. A grading plan showing drainage provisions shall be
approved by the City Engineer prior to construction.
5. The parcel shall be monumented by a registered engineer
or land surveyor.
6. Vehicular access to this parcel shall be limited to
Tamarack Avenue. The existing driveway approach shall be utilized
for access to the property.
7. A five foot pedestrian walk shall be provided on Sandra
Place for emergency fire access.
8. That sixty (60) parking spaces be provided as shown on
Exhibit "A".
SECTION 4. REQUJRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE OF
BUILDING PERNIT, The following shall be grqnted to the City of
Carlsbad before any building permit will be issued for the developn
ment of the property described in Section 1 hereof:
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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
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51 and indicated on an approved improvement plan prior to the issuance
6 of a building permit.
7 SECTION 5. AMINISTRATION AND ENFORCEMENT. The Building
8 Department shall not approve any building for occupancy until the
g Planning Director has certified that all the conditions of this
10 ordinance have been satisfied.
11 The Planning Director of the City of Carlsbad is designated
12 as the enforcing officer of this Specific Plan. His decision shall
13 be final as to whether the subject property has been properly
14 developed and improved. However, the owners of the subject propertj'
15 may appeal to the City Council any decision of the Planning Director
16 relative to this Specific Plan. Such appeal shall be in writing
17 and filed with the City Clerk within 10 days following the receipt
18 of the decision of the Planning Director. The City Council's
19 decision shall be final.
20 SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective
21 30 days after its adoption. The City Clerk of the City of Carlsbad
22 shall certify to the adoption of this ordinance and cause it to be
23 published once in the Carlsbad Journal within fifteen (15) days
24 after its adoption.
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INTRODUCED and FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 4th day
of April, 1972, and thereafter PASSED and ADOPTED at a regular
meeting of said City Council on the 18th day of April, 1972, by
the following vote, to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro.
(SEAL)
NOES: Cmn. Lewis.
ABSENT: None.
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%i? Z&&-QL. DAVID M. DUMNE, Mayor of the City of Carlsbad, California
ATTEST:
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