HomeMy WebLinkAbout1987-11-04; Planning Commission; Resolution 2606$7 * /I 0
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PLANNING COMMISSION RESOLUTION NO. 2606
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF (PLANNING
AREA 14 OF CT 85-35) A 52 UNIT PLANNED UNIT DEVELOPMENT ON
20.9 ACRES ON PROPERTY GENERALLY LOCATED ALONG THE NORTH
SIDE OF PACIFIC RIM DRIVE.
APPLICANT: PACIFIC RIM COUNTRY CLUB & RESORT
CASE NO: PUD-105
WHEREAS, a verified application for certain property to
wit:
Portions of Sections 26, 27 & 34 in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California
9 has been filed with the City of Carlsbad, and referred to the
3.0: Planning Commission; and
11 WHEREAS, said verified application constitutes a request
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WHEREAS, the Planning Commission did, on the 4th day of 13
as provided by Title 21 of the Carlsbad Municipal Code; and
1 relating to the Tentative Tract Map and Planned Unit Development. 19
desiring to be heard, said Commission considered all factors 18
considering all testimony and arguments, if any, of all persons 17
WHEREAS, at said public hearing, upon hearing and 16
by law to consider said request; and 15
November, 1987, hold a duly noticed public hearing as prescribed 14
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
21 Commission as follows:
' . 22 A) . That the above recitations are true and correct.
23 B) That based on the evidence presented at the public hearing,
following findings and subject to the following conditions: 24 the Commission recommends APPROVAL of PUD-105, based on the
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Findings:
1) The project is consistent with the City's General Plan since
the uses proposed are consistent with the combination district
designations for the site as indicated on the Land Use Element of the General Plan and is at or below the growth control
point established by City Council policy.
2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
posed.
~ to accommodate residential development at the density pro-
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the Master Plan which implements the P-C zone. 8
3) The project as conditioned is consistent with Master Plan MP- 177 because the densities and uses proposed are permitted in
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4) The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured that the
final map will not be approved unless the City Council finds that sewer service is available to serve the
project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project
unless the City Engineer determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this
project.
b) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
c) The Carlsbad Unified School District has written a letter
dated July 7, 1986, stating that, the project applicant's offer to dedicate a 12.4 acre site at the intersection of
Alga Road and "A" Street for a school, is acceptable as
mitigation of the impact to existing school facilities. Implementation of this agreement will ensure that school
facilities are available to this project.
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d) Prior to the issuance of final map for this project the
applicant or their successors shall provide park land dedication (24.25 acres and 5.75 acres of reserve) within
Planning Area 32 of MP-177 and the dedication of the
Batiquitos Lagoon to either the California State Land Commission or the City of Carlsbad.
e) All necessary public improvements have been provided or will be required as conditions of approval.
f) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities
fee. The applicant has also agreed by condition to pay
all growth management fees. Performance of that contract and payment of the fee will enable this body to find that
public facilities will be available concurrent with need as required by the General Plan.
g) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
This project is consistent with the City's Public Facilities Element and the Growth Management Ordinance as it has been
conditioned to comply with any requirements approved as part of the Local Facilities Management Plan for Zone 19. Failure
by the applicant to do any of the required dedications or
improvements will make this project inconsistent.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guidelines Manual.
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The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
An EIR was prepared for this project and has been recommended
for certification by the Planning Commission. The EIR (EIR 83-2(A)) identified a number of potentially significant
impacts created by this project and possible mitigation measures to reduce these impacts to a level of insignificance. These mitigation measures have been incorporated into the zoning for the property (MP-177) and in some cases the project
has been revised to reduce all impacts to a level of
insignificance, with the possibility of two exceptions,
traffic and air quality. With regard to these items, the Planning Commission finds there are overriding considerations which are as follows:
1) Traffic - With the implementation of the City's Growth
Management Program, residential dwelling units over the Master Plan Area will be reduced from 4300 du's to 2836 du's, as will Citywide residential densities be reduced
overall. With this reduction in project and Citywide densities, and with the implementation of traffic miti ation measures identified within the Zone 19 Local Faci 4 ities Management Plan, no project related unmitigable
traffic impacts are anticipated;
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2) Air Quality - The reduction in project residential densities associated with the City's Growth Management Program, would bring the project's air quality figures more in line with the Series VI population growth forecasts, which were based on the existing General Plan. The additional Citywide reduction in residential densities
will also reduce project related air quality impacts. Since air quality is a regional problem which will exist
with or without this project, effective long term
mitigation can only be accomplished .on a regional basis.
The specific findings for the Planning Commission on each impact identified are attached as Exhibit "E" and
incorporated herein by reference.
This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report. If the improvements or facilities are not provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans.
The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
The project is consistent with the provisions of Chapter 21.90 of the Carlsbad Municipal Code and the plans adopted pursuant of this Chapter or has signed an agreement to be subject to such plans when they are adopted.
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Conditions:
1) Approval is granted for PUD-105, as shown on Exhibits A-1
through A-9, dated October 13, 1987, incorporated by reference
occur substantially as shown unless otherwise noted in these conditions.
. and on file in the Planning Department. Development shall
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2) This project is approved upon the express condition that the
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as of the time of such approval that sewer service is final map shall not be approved unless the City Council finds ~
available to serve the subdivision. ~
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3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final
map.
4) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated October 16, 1987 and the agreement to pay the growth management fee dated August 27, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void.
5) The applicant shall dedicate 24.25 acres of park land and
reserve 5.75 acres of park land in Planning Area 32 of MP-
177, as required by the Zone 19 Local Facilities Management Plan,
6) The applicant shall dedicate a 12.4 acre school site at the
intersection of Alga Road and "A" Street as acceptable mitigation of the impact to existing school facilities prior to approval of the first final map.
7) The applicant shall comply with all provisions of the Carlsbad
Municipal Code Section 21.90 (Growth Management Ordinance).
No residential building permits shall be issued until the Zone
19 Local Facilities Management Plan has been approved by the City Council and all general and specific conditions of this Plan have been complied with.
8) Approval of this request shall not excuse compliance with provisions of MP-177 and Title 21 of the Carlsbad Municipal
Code and all other applicable City ordinances in effect at time of building permit issuance.
9) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
Planning Department
10) The applicant shall prepare a 24" x 36" reproducible mylar of
the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by
the Planning Director prior to the issuance of building permits.
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11) A Homeowner's Association shall be established pursuant to 1 the provisions of MP-177.
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12) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
13) A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map.
Said map shall show all lots and streets within and adjacent to the project.
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7 14) A master plan of the existing onsite trees shall be provided to the Planning Director as part of the final grading plan to
to the issuance of a grading permit or a building permit, 8 determine which trees shall be required to be preserved prior
9 whichever occurs first.
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15) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
16) Any signs proposed for this development shall be designed in
conformance with the sign program outlined in the Pacific Rim Country Club and Resort Master Plan and shall require review and approval of the Planning Director prior to installation of such signs.
I 17) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location
of said receptacles shall be approved by the Planning Director. I I 17
sound buffered from adjacent properties and streets, pursuant 18
18) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the
to Building Department Policy No. 80-6, to the satisfaction of
the Directors of Planning and Building. 19 I
20 19) The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning 21 Director's approval prior to final map approval.
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20). The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.
21) Approval of PUD-105 is granted subject to approval of Master
Plan MP-177 and Tentative Tract Map CT 85-35 and the Zone 19
Local Facilities Management Plan.
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22) Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of the Master Plan of existing onsite trees. Those trees which are
approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department.
23) The developer shall display a current Zoning and Land Use Map 1
in the sales office at all times, and/or suitable alternative
to the satisfaction of the Planning Director.
24) All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
25) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
26) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director.
27) The project shall comply with all conditions and mitigation
required by the Zone 19 Local Facilities Management Plan approved by the City Council on incorporated herein and on file in the Planning Department,
and any future amendments to that Plan made prior to the
issuance of building permits.
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28) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid.
29) A two phased program shall be undertaken to avoid possible
significant impacts on paleontological resources.
. A) Phase 1 shall consist of a qualified paleontologist doing
a literature and records search, surface study, subsurface
'testing if necessary, the recordation of any sites, and a recommendation regarding the need for further work.
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B) If it is determined during Phase 1 that further work is necessary it shall consist of the following:
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‘I ) A qualified paleontological monitor shall be present
at a pregrading conference with the developer, grading
contractor, and the environmental review coordinator .
The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the
grading of the site. A qualified paleontologist is an
individual with adequate knowledge and experience with
fossilized remains likely to be present to identify
them in the field and is adequately experienced to remove the resources for further study.
2) A paleontologist or designate shall be present during those relative phases of grading as determined at the pregrading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of fossil remains (primarily marine mammals). At the discretion of the monitor, recovery may include washing and picking of soil
samples for micro-vertebrate bone and teeth. The developer shall authorize the denosit of any resources
found on the project site in an institution staffed by qualified paleontologists as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of remains of such
scientific and/or educational inportance which might
warrant a long term salvage operation or preservation.
Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved
by the Planning Director.
30) All development upon this property shall comply with the general and specific development standards and the public
facilities phasing requireinents of the Pacific Rim Country
club and Resort Master Plan (MP-177) and Zone 19 Local Facilities Management Plan respectively.
~ 31 ) Prior to final map approval for Planning Area 14, the project applicant shall be required to submit to the Planning
I Commission for approval the following items: i
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a) A site plan showing building footprints, recreation
b) Landscape plans; c) Structural elevations; and d) Floor plans
amenities, and guest parking spaces;
32) Revisions to the tentative map including the loss of lots may be required to acccommodate required recreation amenities and guest parking spaces to be approved by the Planning Director.
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33) Prior to final map approval for any portion of CT 85-35, the project applicant shall be required to conduct a field survey with a licensed surveyor and biological consultant, as
approved by the Planning Director, for purposes of identifying: (1) all 25% or greater slope areas with sensitive coastal sage -scrub and/or chaparral habitat, and (2) all 25% or greater contiguous slope areas of 10 acres or greater.
These areas shall be staked off and identified on the final map. Any subsequent project grading shall be required to be
kept outside of identified areas containing 255; or greater
contiguous slope areas of 10 acres or greater to the
satisfaction of the Planning Director. Grading shall only be permitted as allowed per the underlying Local Coastal Program policies.
34) Any development proposed through CT 85-35 shall comply with all grading, resource preservation and other policies of the
underlying Local Coastal Programs.
35) This project is approved subject to the payment of
agricultural conversion fees as required in Master Plan MP-
177.
36) Any manufactured slopes along Alga Road and Pacific Rim Drive
shall be required to be maintained by the Master Homeowners Association as shown on the maintenance plan for that association.
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Development Permit approval. 16
38) Prior to the issuance of any building permits the applicant shall provide proof to the Planning Director of Coastal
17 Engineering Department: !I 18 39) No grading permits shall be issued for this subdivision prior 1 to recordation of the Final Map. 19 I 40) The developer shall obtain a grading permit prior to the 20 commencement of any clearing or grading of the site.
21 41) The grading for this project is defined as "controlled grad-
Carlsbad Municipal Code.
the approved grading plan, submit required reports to the City
inspection and testing to ensure compliance of the work with 23 engineer whose responsibility it shall be to coordinate site
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. 22 . Grading shall be performed under the observation of a civil
24 Engineer and verify compliance with Chapter 11.06 of the
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42) Upon completion of grading, the developer shall ensure that an 26 "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as 27 exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- 28 tour map which represents both the pre and post site grading.
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This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record.
43) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
44) A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site if'located within the city limits.
45) All slopes within this project shall be no steeper than 2:l .
46) Prior to hauling dirt or construction materials to any proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
47) The developer shall exercise special care during the construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
48) No grading shall occur on this site between October 1st and April 15th, unless otherwise allowed under the Master Plan and approved by the City Engineer. All grading shall be subject to the provisions of the Master Plan Community Development
. Standards.
49) Prior to commencement' of grading activity, the areas not be graded and/or areas of tree preservation shall be fenced to the satisfaction of the City Engineer and Planning Director.
50) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer .
51) The developer shall construct all required drainage facilities identified in the Master Drainage Plan and Tentative Map for this project. 1 PC RES0 NO. 2606
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52) The developer shall construct desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first
for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of
this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as
required by the City Engineer. I
53) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
for this project.
54) The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. The offer
shall be made prior to issuance of any building permit for this .project. All land so offered shall be granted to the
City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. All dedications should be shown
on the final map.
55) Direct access rights for all lots abutting Pacific Rim Drive shall be waived on the final map.
56) Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the City ,
Engineer. Prior to approval of the final map, the Subdivider ~
shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the
tentative map and the following improvements to City Standards
to the satisfaction of the City Engineer:
a) All improvements shown on the tentative map as Unit "E" and identified by conditions of approval, Planning
Commission Resolution No. 2595. b) All sewer, water and drainage facilities to serve this planning area.
, c) All internal streets as shown on the tentative map for
this planning area.
57) Improvements listed above shall be constructed within 12
months of final map approval.
58) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this site plan.
59) A11 streets shown on Tentative Map within this development
shall be public.
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60) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies
regarding services to the project.
61) All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's.
62) The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas if
required by the City Engineer.
6 3) Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The subdivider shall
conform to Section 20.16.095 of the Carlsbad Municipal Code.
64) The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the
City,, The plan copy shall be submitted to the City Engineer
prior to improvement plan submittal.
Fire Department
65) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
66) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
67) The applicant shall submit two (2) copies of a site plan
showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire blarshal for approval.
68) An all-weather access road shall be maintained throughout construction.
68). All required fire hydrants, water mains and appurtenances
shall be operational prior to combustible building materials being located on the project site.
70) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De-
partment.
71) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "NO Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
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72) Fire retardant roofs shall be required on all structures.
73) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape
Guide1 ines Manual .
74) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval prior to construction.
75) Prior to issuance of building permits, the developer shall
provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
Parks
76) Prior to final map approval, the project applicant shall
submit landscaping plans for review by the Director of Parks
& Recreation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 4th day of November, 1987, by the following vote, to wit:
AYES : Chairman Marcus, Commissioners : McBane, McFadden,
NOES :
ABSENT : Holmes
ABSTAIN :
Schlehuber, Hall E Schramrn.
rn+.B0 4L9X.bf
,I MARCUS, Chairperson
PLANNING COMMISSION
ATT.E ST :
PLANNING DIRECTOR
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