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Home My WebLink About1974-09-17; City Council; 9404; Hester Dev. Co. (NW/Lowder Ln. & Poinsettia Ln.) 190-unit condo SPORDINANCE NO. 9404 30 31 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A SPECIFIC PLAN 57 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LOWDER LANE POINSETTIA LANE TO ALLOW THE DEVELOPMENT OF A 190-UNIT CONDOMINIUM PROJECT. APPLICANT: HESTER DEVELOPMENT COMPANY (SP-135) FOR APPROXIMATELY (SCHUYLER RANCH ROAD) AND 1. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facil- ities or features shall be located substantially as shown on the plot plan labeled Exhibit A, revised The City Council of the City of Carlsbad, California loes ordain as follows: SECTION 1: A Specific Plan (SP-135) is hereby adopted !or approximately 57 acres of land generally located at the north- :ast corner of the intersection of Lowder Lane (Schuyler Ranch ioad) and Poinsettia Lane and more particularly described as: A portion of the east half of the Northwest quarter of Section 28, T-12-S, R-4-W, S.B.B.& M. in the County of San Diego, State of California, said plan to consist of a plot plan marked Exhibit A revised October 15, 1973, and an application with attachments on file in the office of the City Planning Department and incorporated by reference herein, subject to all terms and conditions of this ordinance. SECTION 2: Findings. The findings and decision on Specific Plan (SP-135) contained in Planning Commission Resolution No. 995 and said resolution are incorporated by reference herein. 22 I 23 24 SECTION 3: Development Conditions. The Specific Plan (SP-135) is approved subject to the following conditions and 25 26 27 28 29 restrictions and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limitations and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1 2 3 4 5 e 7 € 5 1c 11 1; 1: 12. Construction of the project shall be accomplished in two phases. Phase one will consist of building approxi- 2: 2, 2: 2# 2 2 2 2 2 3 3 3 October 15, 1973, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date of approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by eke Planning Commission. 4. All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad and any other governmental entity shall be complied with. 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefor have been approved by the City of Carlsbad. 6. All areas shown as parking areas shall be sur- faced with asphaltic concrete and shall be visibly marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. All garage floors shall be a minimum of Portland Concrete Cement. 7. Prior to obtaining a building permit and within 30 days hereof the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director. 9. A detailed landscape and sprinkler plan prepared by a landscape architect shall be submitted to the Planning Director for consideration and approval. Said plans shall include detailed plans for all recreation areas and all proposed fences. 10. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 11. Prior to any construction the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development for its approval of the location, type and adequacy of water lines, and to this Fire Department for approval of the location of fire hydrants. 2. .*I 1 2 a 4 E CI E r 1 E 5 1( 1: 1; 1 e mately 50% of the total units in the area adjacent to Poinsettia Lane and shall include the recreation area. SECTION 4: Administration and Enforcement. I- The Building epartment shall not approve any building for occupancy until the lanning Director has certified that all the conditions of this rdinance have been satisfied. EFFECTIVE DATE: This ordinance shall be effective thirty ays after its adoption,and the City Clerk shall certify to the doption of this ordinance and cause it to be published at least nce in the Carlsbad Journal within fifteen days after its adoptiox INTRODUCED AND FIRST READ at a regular meeting of the arlsbad City Council held on the 3rd day of September, 1974, nd thereafter PASSED AND ADOPTED at a regular meeting of said Council leld on the 17th day of September , 1974, by the following ?ate, to wit: AYES: Councilmen Chase, McComas, Lewis and Skotnicki NOES: None ABSENT: Councilman Frazee iTTEST: (SEAL) 3.