HomeMy WebLinkAbout1972-05-16; City Council; 9304; Ord 9294 amend - Carlsbad Investment Co. (Pio Pico Dr. & Oak Ave.) SP*
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ORDINANCE NO. 9304
AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9294, ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED BETWEEN PI0 PIC0 DRIVE AND OAK AVENUE. (Carlsbad Investment Co.)
The City Council of the City of Carlsbad, Cali 3rn 3, DOES
IRDAIN that Ordinance No. 9294 be amended, adopting a Specific Plan
For the hereinafter described real property:
SECTION 1. PROPERTY DESCRIPTION. All that portion of Tract
I15 of the Town of Carlsbad, in the County of San Diego, State of
Zalifornia, according to amended map of the Town of Carlsbad, being
lap No. 775, filed in the Office of the County Recorder of San
liego County, February 15, 1894, more particularly described in
ipplication on file in the Office of the City Clerk.
SECTION 2. GENERAL CONDITIONS. The Speci fi c P1 an, marked
Exhibit "A" , attached hereto, entitled "Restaurant & Cocktail Loung
for Carlsbad Investment Co.", 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 of the 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.
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,
and free of all liens and encumbrances.
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C. All land and/or easements requi+red by this Ordinance
shall be granted to the City of Carlsbad without cost to the City
and free of all liens and encumbrances.
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:
A. Landscape and sprinkler plans including specifications fo
their construction shall be submitted to the Parks and Recreation
1 Director for approval prior to their installlation and prior to the
issuance of an occupancy permit.
B. Schedules for maintenance, designating individual respon-
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Parks and Recreation Director prior to the issuance of an occupancy
1 permit. 1 C. That the concept presented to the Specific Plan, Exhibit
"A" shall be adopted. Any deviation from the Specific Plan shall
be subject to the review and approval of the Planning Department.
D. That a 10' landscaped area shall be developed on the Oak
Avenue frontage, the 10' landscaped area may be developed within
the public right-of-way.
E. A future improvement agreement to improve Oak Avenue to
City standards shall be entered into by owner. Access rights to
Oak Avenue shall be dedicated to the City.
F. Existing water mains in Pi0 Pic0 Drive and Oak Avenue
are adequate for this development. Laterals for domestic water
service and public fire hydrants shall be installed per City Specif
cations. Fire hydrant locations will be determined by the Fire
Chief.
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point of ingress and egress to the Development, additionally the
acquired parcel will be subject to the conditions of approval of the
G. There is no sewer available in Pi0 Pic0 Avenue. Sewer is
available in Oak Avenue and is adequate to serve this development.
An industrial waste permit will be required due to the proposed use.
H. This parcel shall be graded to drain to Pi0 Pic0 through
the driveway.
I. A parcel map shall be filed in accordance to the State
Map Act.
J. The building shall be provided with an underground utility
service.
K. In the event a State owned parcel to the North is acquired
1 by the applicant, Parcel "A", the applicant shall provide a second
1411 adopted specific plan City Council Resolution No. 1956 and any I
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ment of the property described in Section 1 hereof:
A. All street improvements including water, sewer, under-
amendments as approved.
L. All parking requirements of the City of Carlsbad shall be
subject to the approval of the Planning Department.
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 develop-
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ground 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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B. All lands necessary for street widening shall be dedicate(
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.
The Planning Director of the City of Carlsbad is designated
as the enforcing officer of this Specific Plan. His decision shall
be final as to whether the subject property has been properly devel
and improved. However, the owners of the subject property may appe
to the City Council any decision of the Planning Director relative
to this Specific Plan. Such appeal shall be in writing and filed
with the City Clerk within 10 days following the receipt of the
decision of the Planning Director. The City Council's decision sha
be final.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be
effective 30 days after its adoption. The City Clerk of the City
of Carlsbad shall certify to the adoption of this Ordinance and
cause it to be published once in the Carlsbad Journal within fiftee
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 2nd day
of May, 1972, and thereafter PASSED AND ADOPTED at a regular meet-
ing of said City Council on the 16th day of May, 1972, by the follo
ing vote, to wit:
AYES : Cmn. Dunne, IdcComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
ATTEST: City of Carlsbad, California
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