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HomeMy WebLinkAbout1972-06-07; City Council; 9308; Financial Scene (E/I-5 & S/PAR & N/Poinsettia Ln.) SPh .-> 1 2 3 4 5 6 7 E 9 1C 11 12 1: 14 1: 1C 1: 1t 1: 2( 2: 2: 2: 2r 21 21 2' 21 2' 31 3 3 ORDINANCE NO. 9308 AN ORDINANCE OF THE CITY COUNCIL OF CARLSBAD, ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED EAST OF INTERSTATE 5, SOUTH OF PALOMAR AI-RPORT ROAD AND NORTHERLY OF POINSETTIA LANE. (Financial Scene) 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: SECTION 1. PROPERTY DESCRIPTION. A portion of La Costa Downs Unit No. 7, according to Map thereof No. 2013, filed in the office of the County Recorder of San Diego County, April 6, 1927 and that portion of Sections 20 and 21 in Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United States Government Survey, approved October 25, 1875, and more particularly described 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 conditions and restrictions: 1. 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. 2. 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. 3. 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 - 1 2 3 4 5 E 7 € s 1( 11 1: 1: Id I.! 14 1' 1 1 2 2 2 2 2 2 2 2 2 2 1 c 2 1 t. 4. No other use shall be allowed upon said property until Specific Plans for it have been submitted and approved by the :ity Planning Commission and the City Council. SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following Zonditions shall apply with respect to any development after the 2ffective date of this ordinance of the property described in Section 7 hereof: 1. The change of zone to P-C shall be an amendment to the commercial portion only, of the approved master plan, Ord. 9260. 2. All conditions as stated in Ord. 9260 shall be applied to the parcels 1 & 2 (3.05 acres). 3. That portion requested to be reclassified to M (Industrial parcel 3 (.062 acres) shall be incorporated as a part of a specific plan for all the M (Industrial) zone. 4. The following criteria shall be included as a part of the specific plan for all M (Industrial) zoned properties. All potential uses shall comply with the following conditions: a. No noise beyond the boundaries of the site of a sound level in excess of forth-five decibels, measured by an instrument conforming to the American Standard for Sound Level Meters, A 24.3, and responsc curve "A"; b. No vibration, heat, glare, or electrical disturbance beyond the boundaries of the site; c. No air pollution or odor detectable by the human senses without the aid of instruments, beyond the boundaries of the site; d. No emissions which endanger human health, can cause damage to animals, vegetation or property, or which can cause soill'ng at any point beyond the boundaries of the site; -2- c 1 2 3 4 5 6 7 E E 1c 11 1: 1: ld If 14 1' 1 1 2 2 2 2 2 2 2 2 E 2 2 1 1 c m e. 21.34.020 Conditional U-ses. The following uses are permitted upon the granting of a conditional use permit therefor; Restaurants, and other retail use limited to sales of goods and services required for the convenience of occupants of the subject zone. f. Parking and Loading. All required yard areas in the M zone, except for approved ways of ingress and egres parking and loading, shall: (1) Be permanently landscaped with a combination of lawn, shrubs, trees and flowers according to a plan approved by the city planner; (2) Be served by a water irrigation system and be supplied with bubblers and sprinklers; (3) Contain no walls or fences over four feet in height. g. All manufacturing, assembling, compounding, fab- rication, packaging, processing and treating operations shall be conducted entirely within an enclosed building. h. All outdoor storage, including equipment, shall be completely enclosed by a solid concrete or masonry wall not less than six feet in height, which said wall shall screen the stored materials from the view of the adjoining properties, streets, or high- ways, if possible considering site conditions, and if due to site conditions complete visual screening of stored materials is not possible, trees and other plant materials shall be used, upon approval of the city planner, in addition to the wall to obtain maximum visual screening. i. 21.34.120 Industrial Waste Discharge. All discharge of industrial waste shall be in conformity with the -3- w .- Code as amended. 3 SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE 4 OF BUILDING PERMIT. The following shall be granted to the City of 5 6 ment of the property described in Section 1 hereof: 7 A. All street improvements including water, sewer, under- Carlsbad before any building permit will be issued for the develop- ground power and telephone, street tree planting, street light, storn drain and any other improvements deemed necessary by the City lo Engineer shall be installed in conformance with City Standards and l1 indicated on an approved improvement plan, or bond posted in lieu l2 of improvements, prior to the issuance of a building permit. l3 I 14(1to the City of Carlsbad prior to approval of said improvement plan. 6. All lands necessary for street widening shall be dedicated C. A grading plan shall be submitted prior to the issuance I of a building permit. SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Building 17 l8 l9 /Planning Director has certified that all the conditions of this 2o /ordinance have been satisfied. 21 I 22 23 24 developed and improved. Department shall not approve any building for occupancy until the The Planning Director of the City of Carlsbad is designated as the enforcing officer of this Specific Plan. be final as to whether the subject property has been properly His decision shall However, the owners of the subject property may appeal to the City Council any decision of the Planning Director I 25 I 26! relative to this Specific Plan, Such appeal shall be in writing 27 28 29 decision shall be final. and filed with the City Clerk within 10 days following the receipt of the decision of the Planning Director. The City Council’s -4- 30 31 XX xx . +r 1 2 3 4 e E 7 E 5 1( 11 1: 1: 11 l! 11 1' 1 1 2 2 2 2 2 2 2 2 2 2 3 ? CI 1 & a m INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of May, 1972, and thereafter PASSED AND ADOPTED at an adjourned regular meeting of said City Council on the 7th day of June, 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. City of Carlsbad, California ATTEST : i/ (SEAL) -5-