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HomeMy WebLinkAbout1976-12-07; City Council; 9470; Ord 9433 amend - Larwin-Southern CA Tiburon dev. SP0 E 0 1E 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9433 BY THE ADOPTION OF AN AMENDED SPECIFIC PLAN (SP-104B) FOR THE TIBURON DEVELOPMENT, GENERALLY LOCATED EAST OF EL CAMINO REAL BETWEEN MARRON ROAD AND THE: ELM AVENUE EXTENSION. APPLICANT: LARWIN-SOUTHERN CALIFORNIA. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the findings of the Planning Commission, contained in Resolution No. 1272, constitute the findings of the City Council. Said resolution is on file in the Planning Depart- ment and is incorporated by reference herein. SECTION 2: That Section 3, of Ordinance No. 9433, is amended as follows: 1. Condition No. 1 is amended to read: "The approval of this Specific Plan (SP-1Q4B) is granted for the land described in the application and any attachments thereto, and as shown on the plot plan labeled Exhibit A, dated August 11, 1976. The location of all buildings, roadways, open spaces, recreation area parking areas and other facilities shall be located substantially as shown on the plot plan labeled Exhibit A except as otherwise indicated herein." 2. Condition No. 4 is amended to read: "The Elm Avenue right-of-way as shown in Exhibit E, dated June 19, 1975, shall be dedicated to the City of Carlsbad, together with construction slope easements, upon the recordation of the final map for the second phase of the development . Elm Avenue shall be improved so as to provide for improvements within a 42 foot right-of-way between the intersection of Avenida de Anita and Elm Avenue easterly along the center line of Elm Avenue to Sta. 13+60 as shown on Exhibit E, Resolution No.3706, dated June 19, 1975, and from Sta. 18+55 to the east- erly boundary of the Specific Plan as amended (SP-104B) and as shown on Exhibit A, dated August 11, 1976. Elm Avenue shall be improved so as to provide for improvements within the full 84 foot right-of-way 28 3. 4. 5. 6. between Sta. 13+60 and Sta. 18+55 as shown on Exhibit E, dated June 19, 1975. The applicant shall fulfill the intent of this condition regardless of when property over which proposed Elm Avenue crosses is dedicated to the City for park, open space, and recreation purposes." Condition No. 5 is amended to read: "Appian Way right-of-way and slope easements shall be dedicated and improved in the same manner described for Elm Avenue in Condition No. 4 above, based on a 60 foot full width within the tentative map boundary and improved based on a 28 foot minimum street section south of the tentative map boundary to a point where it conforms with the existing alignment and grade of Appian Flay, as approved by the City Engineer." Condition No. 8 is amended to read: "Street improve- ments as required by Ordinance shall be constructed in accordance with City standards, subject to the approval of the City Engineer on all streets within the development and on Elm Avenue and Marron Road as shown in the Master Plan (MP-5(A)) and this Specific Plan. 'I Condition No. 9 is amended to read: "a) Phase I: Alleys shall be a minimum of 24 feet. There shall be a minimum 4 foot building setback from the property line for those parcels abutting an alleyway or street. In addition, there shall be no physical encroachments upon or over the setback. b) Phase 11: Alleys shall be a minimum of 28 feet. There shall be a minimum 2 foot building setback from the property line for those parcels abutting an alleyway or street. In addition, there shall be no physical encroachments upon or over the setback. I' Condition No. 13 is amended to read: "Parking shall be a) b) provided as follows: Within the boundaries of Phase I of SP-l04B, a ratio of 2.75 spaces per dwelling unit shall be provided. be in private garages. be located on-street, provided that the length of Avenida de Anita bordering the Garden Apart- mentsiteshall not be counted in computing on- street parking. Two of these parking spaces shall The remaining spaces may Within the boundaries of Phase I1 of SP-l04(A), 2. . L * 1 2 3 4 5 6 7 E s 1c 11 l! 2( 2: 2: 2: 2.1 21 21 2' 2; 7. 8. 9. 10. 11. 12. EFFE a ratio of 3.00 spaces per dwelling unit shall be provided. be in private garages, and at least 25% of the remaining required spaces shall be provided as off-street guest parking. Two of these parking spaces shall Condition No. 14 is amended to read: "A separate screened, accessible recreation vehicle storage area shall be provided in a location approved by the Planning Director prior to the occupancy of any units in Phase I1 of SP-104B." Condition No. 18 is deleted. Condition No. 25 is amended to read: "Construction of any model structures other than those existing structures indicated on Exhibit A as '(Exist) Model Site & Rec. Area' shall require the approval of the Planning Commission. I' Condition No. 27 is deleted. Condition No. 36 is added as follows: "Prior to the issuance of building permits following adoption of this ordinance, the applicant shall submit for the Planning Director's approval a revised plot plan whicl: includes: (1) the adopted alignment of Elm Avenue; (2) necessary to accommodate the adopted alignment of Elm, (3) the proposed use of that area labeled 'Area B' on Exhibit A, dated August 11, 1976." Condition No. 37 is added as follows: "Emergency access shall be maintained between lots 331-338 and 335-339 as shown on Exhibit A, dated August 11, 1976. This ordinance shall be effective thirty the relocation and/or removal of any dwellings TIVE DATE: days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of November I 1976, and thereafter 3. PASSED AND ADOPTED at a regular meeting of said Council eld on the 7th day of December , 1976, by the following ote, to wit: AYES : Councilmen Frazee, Packard, Skotnicki and NOES : None ABSENT: Councilman Lewis Councilwoman Casler iTTEST : (SEAL) -4-