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HomeMy WebLinkAbout1983-09-06; City Council; 9693; CMC 21.34 amends - P-M zone revised1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a ORDINANCE NO. 9693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AMENDING TITLE 21, CHAPTER 34 OF THE CARLSBAD MUNICIPAL CODE BY REVISING THE P-M (PLANNED INDUSTRIAL) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 34, of the Carlsbad Municipal Code is amended to read as follows: CHAPTER 21.34 P-M PLANNED INDUSTRIAL ZONE Sections: 21.34.010 21.34.020 21 -34.030 21.34.040 21.34.050 21.34.060 21.34.070 21.34.080 21.34.090 21.34.100 21.34.110 21.34.120 21 . 34.130 21.34.140 21.34.150 21 . 34.160 Intent and Purpose Permitted Uses Conditional Uses Uses Permitted by Specific Plan Planned Industrial Permit Industrial Condominiums Development Standards Design Criteria Performance Standards Cancellation of Planned Industrial Permit Amendments Final Map Final Planned Industrial Certification of Occupancy Maintenance Failure to Maintain Development Plan 21.34.010 Intent and Purpose. The intent and purpose of this chapter is to accomplish the following: (1) Allow the location of business and light industries engaged primarily in research and/or testing, compatible light manufacturing, business and professional off ices when engaged in activities associated with corporate off ices or in activities whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone. (2) Promote an attractive and high quality design in developments which upgrades the City's natural environment and identity. 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 If It 17 1E 1: 2( 23 2: 2; 21 21 2t 2' 2t (3) Provide for the phasing of development which is coordinated with the development of public improvements and services. (4) Encourage reduced energy consumption by building design and by allowing, in certain cases, compatible residential development which provides housing for employees of this zone. (5) Provide for alternative transportation modes for employees of this zone by a combination of bus facilities, ride share programs, and pedestrian and bicycle circulation systems. 21 -34.020 Permitted Uses. The following uses are permitted in the P-M zone without the granting of a conditional use permit: ( 1 ) Research and testing facilities; (2) Manufacturing and processing facilities; (3) Storage, wholesale and distribution facilities (4) Administrative offices associated with and accessory to a permitted use; (5) On-site recreational facilities intended for the use of employees of the Planned Industrial Zone; (6) Business and professional offices which are not retail ii nature, do not cater to the general public, and do not generate walk-in or drive-by traffic, and are incidental to the industrial uses in the vicinity as follows: Accountants Administrative Offices Advertising Agencies Advertising - Direct Mail Agricultural Consultants Airlines Offices, General Offices Air Courier Service Answering Bureaus Appraisers Arbitrators Architect Design & Planners Attorney Services Attorney (No Legal Clinics) Audio-Visual Services Billing Service Blueprinters Bookkeeping Service Building Designers Building Inspection Service Burglar Alarm Systems Business offices for professional and labor organizations Business Consultants Civil Engineers Collection Agencies Commercial Artists Commodity Brokers Communications Consultants Computer Programmers Computer Service (Time-sharing) 2. .. Computer Systems Construction Manager Corporate Headquarters Office Corporate Travel Agencies & Bureaus Credit Rating Service Data Communication Service Data Processing Service Data Systems Consultants Diamond & Gold Brokers Display Designers Display Services Drafting Services Economics Research Educational Consultants Educational Research Electric Contractors (Sales & Administrative Electronics Consultants Energy Management Consultants Engineering Off ices Environmental Services Escrow Service Estimators Executive Recruiting Consultants Executive Search Office Executive Training Consultants Export Consultants Financial Planners & Consultants Fire Protection Consultants Foreclosure Assistance Foundation-Educational Research Franchise Services Fund Raising Counselors Gemologists General Contractors (No Equipment Storage Permitted) Geophysicists Government Contract Consultants Governmental Agencies (General & Administrative Graphics Designers Human Factors Research & Development Human Services Organization (Administrative Importers Industrial Medical (Workers Comp. ) Incorporating Agency Information Bureaus Insurance Companies (Administrative Offices Only) Interior Decorators & Designers (No Merchandise Storage Permitted) Investigators Investment Advisory 3. Offices Only) Offices Only) Offices Only) Investment Securities Labor Relations Consultants Leasing Services Lecture Bureaus Literary Agents Magazine Subscription Agents Mailing List Service Management Consultants Manufacturers Agents Marketing Research & Analysis Message Receiving Service Mutual Funds Patent Searchers Pension & Profit Sharing Plans Personal Service Bureau Photographic (Industrial & Commercial Only) Printing Services Product Development & Marketing Public Relations Services Public Utility Companies Publicity Services Publishers Representatives Radio Communications Real Estate Brokers (Commercial & Industrial Real Estate Developers Recording Service Relocation Service Repossessing Service Research Labs Retirement Planning Consultants Safety Consultants Sales Training & Counseling Searchers of Records Securities Systems Security Firms Sound System Consultants Space Planning Consultants Space Research & Developments Stock & Bond Brokers Surveyors Tax Service & Consultants (No consumer oriented Telephone Cable Companies Telephone Systems Title Companies Tour Operators Trade Mark Consultants Translators & Interpreters Trust Companies Uses substantially similar to those identified above if approved by the Land Use Planning Manager. Only 1 Uses) 4. (7) Government facilities and offices; (8) Accessory uses and structures where related and (9) Signs subject to the provisions of Chapter 21.41. incidental to a permitted use. 21.34.030 Conditional Uses. The following uses are permitted (1) Eating and drinking establishments (2) Hotels and motels (3) Automobile service stations (4) Day-care centers (5) Health and athletic clubs (6) Retail uses limited to the sales of goods and services required for the convenience of the occupants of this zone. 21.34.040 Residential Uses Permitted by Conditional Use Permit. The following residential uses are permitted in the P-M zone upon the granting of a conditional use permit by the City Council: (1) Single family, multiple family residential uses or a combination thereof which serve to house the employees of businesses located in the P-M zone. Prior to the approval of a conditional use permit, the City Council shall make the following findings : been approved, or is approved concurrently with the conditional use permit, by the City Council. an industrial park or large industrial use. compatible with the industrial use it serves by means of landscaping, open space separations, etc. (D) The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. The maximum allowable density for the residential development shall be established by the City Council but in no event shall the density exceed 40 dwelling units per acre. in the P-M zone upon the granting of a conditional use permit: (A) A Planned Development Permit for the project has (B) The residential development is an integral part of (C) The residential development is designed to be 21.34.050 Planned Industrial Permit. (a) Land Use Manager Approval. No development of a permitted use pursuant to Section 21.34.020, change of use of building modifications in excess of twenty-f ive percent of the building valuation of the existing development shall be done without first obtaining a Planned Industrial Permit from the Land Use Planning Manager. In his review of a Planned Industrial Development, the Land Use Planning Manager shall ascertain all facts pertinent to the proposed development and shall approve, conditionally approve, disapprove or give notice of referral to the Planning Commission, together with the findings and reasons for such action. (b) Application. Application for a Planned Industrial pgr@&sha&&l.g~ :made in accordance with the procedures set forth 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 Z& (1) An application for a Planned Industrial Permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Land Use Planning Manager upon forms provided him. The application shall be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Land Use Planning Manager. applicant shall pay a processing fee in an amount specified by City Council resolution; Planned Industrial Development in phases, the application shall so state and shall include a proposed phasing schedule; a Planned Industrial Permit, the Land Use Planning Manager shall make the following findings: (1) The site indicated by the Planned Industrial Permit is adequate in size and shape to accomodate the proposed use, and all yards spaces, walls, fences, parking, loading, landscaping and other features required by this chapter; trial Permit are located in such a manner to be related to existing and proposed streets and highways; Permit are consistent with the intent and purpose of this zone and all adopted development, design and performance standards as set forth in this chapter. (d) Notification. The Land Use Planning Manager shall notify the applicant in writing of any decision made on a Planned Industrial Permit. (2) At the time of filing the application, the (3) If the applicant contemplates the construction of a (c) Findings of the Land Use Planning Manager. In approving (2) The improvements indicated on the Planned Indus (3) The improvements as shown on the Planned Industrial (e) Appeal of Land Use Planning Manager Decision. (1) The applicant or any other interested person may appeal, from any action of the Land Use Planning Manager with respect to a Planned Industrial Permit, to the Planning Commission. Any such appeal shall be filed with the Land Use Planning Office within ten days of written notification of the Land Use Planning Manager's decision. Upon the filing of an appeal, the Land Use Planning Manager shall set the matter for Planning Commission hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the Planning Commission shall render its decision on the appeal. applicant shall pay a processing fee in an amount specified by City Council Resolution. (3) The decision of the Planning Commission shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (4) If the Planning Commission fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied. (2) At the time of filing for such appeal, the 6. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 16 17 1e 19 2c 21 22 22 24 25 26 27 28 (f) Appeal of Planning Commission Decision. appeal, from any action of the Planning Commission with respect to a Planned Industrial Permit, to the City Council. Any such appeal shall be filed with the City Clerk within ten days after the action of the Planning Commission from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set the matter for hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. applicant shall pay a processing fee in an amount specified by City Council Resolution. consistent with the provisions of this chapter and shall be supported by appropriate findings. (4) If the City Council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied. (1) The applicant or any other interested person may (2) At the time of filing for such appeal, the (3) The decision of the City Council shall be 21.34.060 Industrial Subdivisions. Industrial subdivisions includinq industrial condominium and planned unit developments may be permitted in the P-M zone if the project meets all other requirements of this chapter and all requirements of Title 20 (Subdivision Ordinance) . All industrial subdivisions, condominium and planned unit development subdivision applications shall be accompanied by an application for a Planned Industrial Permit processed pursuant to Section 21.34.050 except that said permit shall be approved by the same decision making body which approves the subdivision. Amendments to a Planned Industrial Permit issued pursuant to this section may be made by the Land Use Planning Manager according to this chapter. shall comply with the following development standards : exceed a height of thirty-five feet unless a specific plan providing for a higher maximum has been adopted. Secondary Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary street shall have a minimum setback of fifty feet. This setback shall be measured from the right-of-way line. This setback shall be entirely landscaped and irrigated; however, upon approval of the Land Use Planning Manager, the landscaped portion off the setback may be reduced to thirty-five feet to accomodate a driveway along the portion of the setback furthest from the right-of-way or private street. Any driveway within the front 21.34.070 Development Standards. All industrial projects (1) Building Height. No building in the P-M zone shall (2) Setbacks (A) Front Yard and Side Street Yard on Prime, Major and 7. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1E 1E 17 I€ 1E 2c 21 2: 21 24 2: 2( 2'; 2€ yard setback shall be screened from the public or private street by a mixture of mounding and landscaping to the satisfaction of the Land Use Planning Manager. and Private Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private street shall have an average setback of 35 feet, however, said setback shall not be less than 25 feet. This setback shall be entirely landscaped and irrigated and shall be measured from the right-of-way line or, in the case of a private street, from the curb line. (B) Front Yard and Street Side Yard on Collector, Local (C) Side Yard - Interior. All interior side yards shall have a minimum setback of ten feet which shall be entirely - landscaped and irrigated. minimum of twenty feet of which at least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street setback area shall not exceed thirty-six inches in height. (F) Landscaping in Parking Areas. A minimum of ten percent of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the Land Use Planning Manager . Landscaping in the building setback areas shall not count towards meeting this requirement. (G) Minimum Lot Area. Except for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. When an industrial subdivision is submitted, the Planning Commission or City Council, whichever is the final decision maker, may permit a reduction in the minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned industrial project and that the reduction of the lot area does not create adverse impacts to surrounding properties. building structures, shall cover not more than SO% of the area of a lot. Open parking areas shall not be counted in determining lot coverage. (I) Private Streets. Private streets may be permitted within a Planned Industrial Development provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the City's street improvement standards and further provided that the permit is processed concurrently with a subdivision map. The Planning Commission and City Council, shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: (D) Rear Yard. The rear yard setback shall be a (E) Walls and Fences. A wall or fence located in any (H) Lot Coverage. All buildings, including accessory 8. 1 2 3 4 5 ZC 11 14 15 1E 1€ 1E 2( 21 2; 21 21 2 3 28 Type of Street Minimum Width (Curb to Curb) 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52 feet 21.34.080 Design Criteria. All industrial projects shall (1 ) The overall plan shall be comprehensive, imaginative and comply with the following design criteria: innovative embracing land, buildings, landscaping and their relationships, and shall conform to adopted plans of all govern- mental agencies for the area in which the proposed development is located ; (2) The plan shall provide for adequate open space, circula- tion, off-street parking and other pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, orientated and related to the topographic and natural landscape features of the site. (3) The proposed development shall be compatible with existing and planned surrounding land uses and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the community; (4) The internal street system shall not be a dominant feature in the overall design, rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of the develop- ment. (5) The design of buildings and surrounding environment shall be architecturally integrated and compatible with each other . equipment shall be architecturally integrated with the surround- ing building design. opportunities for plazas or other landscaped open spaces within the project. (6) Screening walls for storage spaces, loading areas and (7) Building placement shall be designed to create 21.34.090 Performance Standards. All industrial uses shall comply with the following performance standards: (1) The maximum allowable exterior noise level of any use shall not exceed sixty-five L as measured at the property line. use, the noise level shall not be in excess of 45 L as measured within the interior space of the neighboridg establishment. Noise caused by motor vehicles traveling to and from the site are exempt from this standard. (2) All uses shall be operated so as not to emit matter cqusing unpleasant odors which are perceptible to the average person while within or beyond the lot containing such uses. (3) All uses shall be so operated as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or Where a structure is g"ccupied by more than one 9. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 1E l'i 1€ 15 2c 21 2: 2: 21 2: 2( 2'; 2E within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard . (4) All uses shall be operated so as not to produce humidity, heat, glare or high-intensity illumination which is perceptible without instruments by the average person while on or beyond the lot containing the use. (5) All uses shall meet the air quality standards of the San Diego County Air Quality Control Board (AQCB). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while on the lot containing such uses. fabrication, packaging, processing and treating operations shall be conducted entirely within an enclosed building. (7) All outdoor storage, including equipment, shall be completely enclosed by a solid decorative concrete or masonry wall not less than six feet in height. Any such wall shall be architecturally compatible with the main buildings on the site and shall screen the stored materials from the view of industrially zoned adjoining properties and public streets. If complete visual screening of stored materials is not possible, trees and other plant materials shall be used. Any walls or landscaping used for screening purposes shall be subject to the approval of the Land Use Planning Manager. industrially zoned properties. with the provisions of Chapter 13.16 of this code, as amended. (6) All manufacturing, assembling, compounding, Outdoor storage shall not be allowed adjacent to non- (8) All discharge of industrial waste shall be in conformity 21.34.110 Amendments. (a) Amendments to a Planned Industrial Permit may be initiated by the property owner or authorized agent as follows: the Land Use Planning Manager in written form and shall be accompanied by such additional graphics, statements, or other information as may be required to support the proposed amendment. When necessary, the amendment shall be accompanied by an amendment to any corresponding tentative map or tentative parcel map. amendment minor in nature, the additional graphics, statement or other information may be approved by the Land Use Planning Manager and made part of the original approval. of the subject property, or involve an addition of a new building or group of buildings not shown on the original permit of greater than ten percent in approved yards, coverage, height, open space or landscaping, provided no changes shall be less than required by this chapter. If the Land Use Planning Manager determines that the amendment is not minor, a new Planned Industrial Permit shall be filed. An amendment affecting a subdivision map for the project shall not be deemed minor and shall be processed pursuant to Title 20 for amendment of subdivisions. (1) A request for an amendment shall be submitted to (2) If the Land Use Planning Manager considers the (3) A minor amendment shall not change the boundaries 10. 1 2 3 4 5 6 7 8 9 IC 11 12 12 14 1E 1E 17 1€ 1; 2c 23 2: 2: 24 2E 2t 25 2E (4) If a new Planned Industrial Permit is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification. shall be required for an amendment to a Planned Industrial Permit. (6) An application for an amendment of a Planned Industrial Permit shall be processed and determined in accordance with the provisions of this chapter applicable to the adoption of a Planned Industrial Permit; intention of the Planning Commission or City Council. (5) A fee, as specified by City Council resolution, (b) Amendments may also be initiated by resolution of 21.34.120 Final Map. Building permits for construction within any Planned Industrial Development shall not be issued until a final subdivision map or parcel map has been recorded for the property. A final map which deviates from the conditions imposed by the permit shall not be approved. 21.34.130 Final Planned Industrial Development Plan. (a) For applications that have filed a parcel map or tentative map concurrent with a Planned Industrial Permit, a final Planned Industrial Development Plan shall be submitted to and approved by the Land Use Planning Manager prior to the recordation of the final map. tentative map concurrent with a Planned Industrial Permit, a final Planned Industrial Development Plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of any building permits. (c) The final Planned Industrial Development Plan shall reflect all required revisions and refinements. The final Planned Industrial Development Plan shall include: sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (2) A final grading plan; (3) Final elevation plans; (4) A final landscaping plan including methods of soil preparation, plant types, sizes and location; irrigation system plans showing location, dimensions and types; and (5) A plan for lighting of streets, driveways and parking areas . (d) Where a Planned Industrial Development contains any land or improvements propose'd to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final Planned Industrial Development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and (b) For applications that have not filed a parcel map or (1 ) Improvement plans for private streets, water, 11. 1 2 3 4 5 6 7 E s ZC 11 12 1: 14 1: 1( 1: It 1s 2c 21 22 22 24 Zt 2E 25 2E responsibilities of the common ownership and shall be reviewed by and subject to approval by the Land Use Planning Manager and City Attorney. (d) A final Planned Industrial Development plan may be submitted for a portion of the development, provided the Land Use Planning Manager approves the construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. conformity to the requirements of this chapter and the Planned Industrial Development permit. If he finds the plan to be in substantial conformance with all such requirements, he shall approve the plan. (e) The Land Use Planning Manager shall review the plan for 21.34.140 Certification of Occupancy. A certification of occupancy shall not be issued for any structure in a Planned Industrial Development until all improvements required by the Planned Industrial Permit have been completed to the satisfaction of the City Engineer, Land Use Planning Manager and the Director of Building and Planning. 21.34.150 Maintenance. All private streets, walkways, park- ing areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space and other- improvements not dedicated to public use shall be maintained by the property owners or as otherwise approved by the City Council. Provisions acceptable to the City shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. 21.34.160 Failure to Maintain. (a) All commonly owned land, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. (b) In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the City Engineer may, after giving notice, cause the necessary work of maintenance or repair to be done. The costs thereof shall be assessed against the owner or owners of the project. whose names appear on the last equalized assessment roll as owners of real property within the project at the address shown on the assessment roll. Notice shall also be sent to any person known to the City Engineer to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture or agreement. The City Engineer shall also cause at (c) The notice shall be in writing and mailed to all persons 12. 1 2 3 4 5 6 7 8 9 1c 11 1% 1s 2c 21 22 2: 24 2[ 2t 27 2-5 least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice. (d) The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the City shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the City, will be assessed aginst the property or against each separate lot and become a lien upon such property. for in Subsection (a), the work has not been done, or having been commenced, is not being performed with diligence, the City Engineer shall proceed to do such work or cause such work to be done. Upon completion of such work, the City Engineer shall file a written report with the City Council setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property, against which cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against which the cost is to be assessed and against the assessment of the cost of such work. The City Engineer or the City Clerk, if so directed by the Council, shall thereafter give notice in writing to the owners of the project in the manner provided in Subsection (c) of the hour and place that the City Council will pass upon the City Engineer's report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment . (f) Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the City Engineer's report and all protests, if there be any, and then proceed to confirm, modify or reject the assessments. Council shall be sent to the City Treasurer for collection. If any assessment is not paid within ten days after its confirmation by the City Council, the City Clerk shall cause it to be filed in the office of the County Recorder of the County a notice of lien, substantially in the following form: (e) If upon the expiration of the five day period provided (9) A list of assessments as finally confirmed by the City 13. 1 2 3 4 5 6 7 E s 1c I1 12 12 14 1: 1C 17 1E 15 2( 21 2: 21 24 2: 2t 2: 2t "NOTICE OF LIEN Pursuant to Chapter 21.34, Title 21, of the Carlsbad Municipal Code (Ordinance No. 9693), the City of Carlsbad did on the day of 19 , cause maintenance and repair work to be done in the Planned Industrial Development project known as which was constructed under the Planned Industrial Development Permit No. , for the purpose of abating a public nuisance ai enforcing compliance with the terms of said permit, and the Counc of the City of Carlsbad did on the day of 19 , by its Resolution No. assess the cost or portion of the cost thereof upon the rear property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carlsbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows: (Description of Property) Dated this day of I 19 . , City Clerk, City of Carlsbad" (h) From and after the date of recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of contents thereof. 14. 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1€ 17 1€ 1s 2( 21 2; 21 24 2: 2( 2: 21 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 meeting of the Carlsbad City Council held on the 16th day of AugUst , 1983, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 6th day of , 1983, by the following vote, to wit: AYES : NOES: Nolle ABSENT: "-E Council Wmbers Casler, Lewis, Kulchin, Chick and Prescott 1 MARY H. WSLER, Mayor ATTEST : (SEAL) 15.