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HomeMy WebLinkAbout1972-04-18; City Council; 9300; Mabee - Daisey's Restaurant (850 Tamarack Ave.) SP* .- 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2@ 29 3c 31 3; 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. KX xx xx xx 1 2 3 4 5 6 7 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -2- 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: I -- I 2, 31 4 32 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 xx xx 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. I -3- 25 26 27 28 29 30 XX xx xx xx xx xx 1 2 3 4 5 6 1511 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. 10 11 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 %i? Z&&-QL. DAVID M. DUMNE, Mayor of the City of Carlsbad, California ATTEST: -4-