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HomeMy WebLinkAbout1976-12-07; City Council; 9471; Ord 9315 amend - Larwin-Southern CA Tiburon Dev. MP1 2 3 4 5 6 7 a 9 10 11 12 a a 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9315 TO ADOPT AN AMENDED MASTER PLAN (MP-5 (A) ) FOR THE TIBURON DEVELOPMENT GENERALLY LOCATED EAST OF EL CAMIN0 REAL BETWEEN MARRON ROAD AND THE ELE aYEBUE: 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. 1271, constitute the findings of the City Council. Said resolution is on file in the Planning Departmen and is incorporated by reference herein. SECTION 2: That Section 2, of Ordinance No. 9315, is amended as follows: 1. Condition No. 1 is amended to read: "Approval of this Master Plan is granted for land described in the application and attachments thereto, and as shown on the plot plan labeled Exhibit A, dated August 11, 1976 The location of all roads, open spaces, landscaping, and other features, other than buildings, shall be located substantially as shown on the plot plan labeled Exhibit A. All development shall be processed in accordance with, and shall meet the requirements of Exhibit A, Section 21.38.150 of the Carlsbad Municipal Code regarding undeveloped areas of exist- ing planned communities and this ordinance." 2. Condition No. 2 is amended to read: "The total numbel of dwelling units permitted in the areas shown for townhouses use on Exhibit A, dated August 11, 1976, shall not exceed 486. The total number of dwelling units permitted in the area shown for garden apart- ments on Exhibit A shall not exceed 225 units, which shall include a density bonus of 35 units in consid- eration of the dedication of a portion of Lot 495 for park purposes (Condition No. 5) ." 3. Condition No. 3 is deleted. 4. Condition No. 4 is deleted. 5. Condition No. 5 is renumbered No. 3 and amended to read: "The portion of the park site shown as P-1 on 6. 7. 8. Exhibit A, dated August 11, 1976, shall be dedicated to the City of Carlsbad in fee for park purposes prior to final Council approval of this ordinance. Addition. a1 land within the area shown as 'Park Site' on Exhibit A shall be dedicated in fee to the City of Carlsbad for park purposes with each additional discretionary approval for a Tentative Map, Planned Unit Development, Specific Plan Amendment or Master Plan Amendment, until the entire 'Park Site' has been so dedicated. The area of each such site shall be equal to one acre for each 40 dwelling units given approval. In no event, however, shall the area dedicated be less than 2.5 acres in area for each such discretionary approval. The order of dedications shall correspond to order shown on Exhibit 'A'. The precise boundaries of the areas to be dedicated shall be determined by the City Council at the time of dis- cretionary approval. Condition No. 6 is deleted. Condition No. 7 is renumbered No. 4 and amended to read: "The southerly half of Marron Road shall be dedicated and improved to extend to the southeasterly boundary of the garden apartment parcel on the basis of a 42 foot half street section, according to the City of Carlsbad standards, prior to issuance of a building permit for the garden apartments." Condition No. 5 is added as follows: "Elm Avenue right-of-way as shown in Exhibit E to Resolution No. 3706, dated June 19, 1975, together with con- struction slope easements, shall be offered for dedication prior to the issuance of building permits for any development within the Master Plan area following adoption of this ordinance. The Elm Avenue right-of-way as shown in Exhibit E shall be dedicated to the City of Carlsbad, together with construction slope easements, upon the recorda- tion of the final map for the second phase of the development. Elm Avenue shall be improved upon the recordation' of the final map for the second phase of the develop- ment 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 and from Sta. 18+55 to the easterly boundary of the Master Plan as amended (MP-5(A)) and 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 between Sta. 13+60 and Sta. 18+55 as shown on Exhibit E, dated June 19, 1975. 2. 3 f 7 b 4 F E 'i E s 1c 19 2c 21 22 23 24 25 26 27 28 The applicant shall fulfill the intent of this con- dition regardless of when property over which proposed Elm Avenue crosses is dedicated to the City for park, open space, and recreation purposes.'' 9. Condition No. 6 is added as follows: "A realigned perpendicular intersection shall be constructed at Appian Way and Elm Avenue. Appian Way right-of-way and slope easements shall be dedicated and improved in the same manner described for Elm Avenue in Condition No. 5 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 Way, as approved by the City Engineer." 10. Condition No. 7 is added as follows: "The applicant shall pay Parks-in-lieu fees at a rate of $45.00 per dwelling unit prior to approval of each Final Sub- division Map, or Final Planned Unit Development Plan in the case of the Garden Apartment area." EFFECTIVE DATE: This ordinance shall be effective thirty 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 16thday of November, 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 7thday of December, 1976, by the following vote, to wit: AYES : Councilmen Frazee, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT: Councilman Lewis ATTEST : (SEAL) 3.