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HomeMy WebLinkAbout1972-05-16; City Council; 9306; Beach Colony (W/Old Coast Hwy 101 & S/Carlsbad State Campground) SPORDINANCE NO. 9306 imitations and restrictions of all municipal ordinances and State nd Federal statutes now in force, or which hereafter may be in orce for the purpose of preserving the residential characteristics AN ORDINANCE OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED WEST OF OLD COAST HIGHWAY 101 AND SOUTHERLY OF THE SOUTH CARLSBAD (Beach Colony) STATE CAMPGROUND. CARLSBAD TRACT 72-4 f adjacent properties. 2. All public improvements shall be made in conformity wit he Subdivision Ordinance and other City standards to the satisfac- The City Council of the City of Carlsbad, California DOES ion of the City Engineer, without cost to the City of Carlsbad, an ree of all liens and encumbrances. 3. All land and/or easements required by this Ordinance st- {DAIN that a Specific Plan for the hereinafter described real *operty be adopted in the following particulars: SECTION 1. PROPERTY DESCRIPTION. Certain portions of .actional Section 32, Section 33, Township 12 South, Range 4 West, in Bernardino Base and Meridian in the City of Carlsbad, County f San Diego, State of California; more particularly described in ]plication and map on file in the City Planning Office. SECTION 2. GENERAL CONDITIONS. The Specific Plan, marked xhibit "A" attached hereto, entitled "Specific Plan for Carlsbad ract 72-4 (Beach Colony), is subject to the following conditions nd restrictions: 1. The development of the property described in Section 1 ereof shall be subject to the restrictions and limitations set orth herein which are in addition to all of the requirements, 1 2 3 4 5 6 7 16 The satisfactory arrangement of the Parks in Lieu fees shall be li conditions shall apply with respect to any development after the effective date of this Ordinance of the property described in Section 1 hereof: 1. Detailed landscape and irrigation system plans of the first phase of development shall be submitted to the Parks & Rec- reation Department for approval prior to installation and prior to I 8 9 3.0 11 12 13 14 the issuance of an occupancy permit. I 2. Maintenance schedules delineating responsibilities for the maintenance of said landscaping shall be incorporated and sub- ject to the approval by the Parks & Recreation Director as an item within the Property Owners' Association Documents. 3. That the project shall be subject to the payment of Parks in Lieu fees. The developer, by dedicating lots 2 and 4, fulfills his obligation to the public for providing beach access. 18 19 20 8. Any exterior wood materials used shall be treated with -2- 1 Director. 4. Those documents concerning the maintenance of common areas and building exteriors shall be submitted subject to the 211 221 Planning Department approval prior to issuance of an occupancy permit. 24 25 I 5. That Exhibit "A" shall be adopted as the specific plan, any deviation therefrom shall be subject to the approval of the P1 anni ng Department. 27 28 29 30 31, shall be complied with; any deviation shall be subject to the approval of the Planning Department. 7. That the location and type of all fire hydrants or other fire fighting devices shall be subject to the approval of the City of Carlsbad Fire Chief. t a fire retardant material as specified by the uniform fire code or 1 2 3 4 5 6 1 I 9 lo 11 a2 13 14 15 16 17 l8 19 '* 22 23 24 25 26 27 28 29 30 31 '' as approved by the City of Carlsbad Fire Chief. 9. Sewer service shall be provided by the Leucadia County Water District by agreement between City of Carlsbad and LCWD. LCWD standards and specifications will be complied with. 10. Water service shall be provided by the Carlsbad Mun- icipal Water District on an interim basis pending resolution of City/District service area boundaries. 11. All utilities within the development shall be placed underground and no overhead poles or lines shall be permitted. 12. A subdivision map shall be recorded for this parcel in accordance with the State Subdivision Map act. 13. All land and/or easements necessary for the imple- mentation of this tentative map shall be dedicated to the City of Carlsbad without cost to the City and free of all liens and en- cumberances. 14. A grading plan and soils report shall be submitted prior to the issuance of a grading permit. 15. Applicant shall install public street improvements along U.S. 101 frontage including C & G, sidewalks, underground utilities, street trees, lights, base and asphalt paving to match existing and any other improvements deemed necessary by the City Engineer in conformance with the Subdivision Ordinance and other City standards without cost to the City of CArlsbad and free of all liens and encumberances. 16. The proposed relocation of the State of California Beach & Park access road through subject property shall be subject to the official approval of the State. 17. An easement for public beach access shall be dedicated to the City of Carlsbad. 18. An emergency 12' access road shall be provided between the north end of the proposed cul-de-sac and U.S. 101. I1 -3- 1 2 3 4 5 E 7 E s IC 11 12 I.: 14 1: It 1: 11 P! 2( 2: 2: 2: 24 21 21 2' 2 2 3 3 3 19. The cul-de-sac street shown between Carlsbad Boulevard and the development may be a (private) street constructed in accor- dance with City standards and vacation of public right-of-way necessary for construction of private street shall be contingent upon dedication to the public of an equivalent area of beach front- age in addition to that shown on the tentative map. If a public street is to be constructed, the street shall be built to conform to City standards. 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 developmer of the property described in Section 1 hereof: 1. All street improvements including water, sewer, under- 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. 2. All lands necessary for street widening shall be dedicated to the City of Carlsbad prior to approval of said im- provement plan. 3. 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 de- veloped and improved. However, the owners of the subject property may appeal to the City Council any decision of the Planning Director -4- 1 2 311 of the decision of the Planning [lirector. The City Council's relative to this Specific Plan. and filed with the City Clerk within 10 days following the receipt Such appeal shall be in writing I, decision shall be final. SECTION 6. EFFECTIVE DATE. This Ordinance shall be 7 8 9 611 effective 30 days after its adoption. The City Clerk of the City 1 of Carlsbad shall certify to the adoption of this Ordinance and cause it to be published once in the Carlsbad Journal within fifteen (15) days after its adoption. I INTRODUCED AND FIRST READ at a regular meeting of the City I 12 11// Council of the City of Carlsbad, California, held on the 2nd day of i May, 1972, and thereafter PASSED AND ADOPTED at a regular meeting 131 I of said City Council on the 16th of May , 1972, by the following -5- 16 17 NOES: None. ABSENT: None.