HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 3100, ,. "4,
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PLANNING COMMISSION RESOLUTION NO. 3100
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTAl
TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMIN:
PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHE
CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUI
DRIVE.
CASE NAME: AVLARA - PLANNING AREA 5
CASE NO: CT 90-9
WHEREAS, a verified application for certain property to wit:
Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I -
C, in the City of Carlsbad, County of San Diego, of the County Recordc
San Diego County, June 19, 1989, #89-346187
has been filed with the City of Carlsbad and referred to the Planning Comm
WHEREAS, said verified application constitutes a request as provided
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October,
a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all tes
arguments, if any, of all persons desiring to be heard, said Commission COI
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the (
recommends APPROVAL of CT 90-9, based on the following findings
to the following conditions:
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Findings:
1. The project is consistent with Master Plan 177 since the proposed ne1
6.17 du/acre is within the permitted density of 7.9 du/acre as spea
Master Plan 177.
2. The site is physically suitable for the type and density of the developme1
site is adequate in size and shape to accolnmodate residential develop]
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condil
project, ensured that the final map will not be approved unless the C
finds that sewer service is available to serve the project. In addition, tl
Commission has added a condition that a note shall be placed on thc
that building permits may not be issued for the project unless the Cii
determines that sewer service is available, and building cannot occur
project unless sewer service remains available, and the Planning Cor
satisfied that the requirements of the Public Facilities Element of the G
have been met insofar as they apply to sewer service for this project.
4. The dedication of the 12.4 acre school site at the intersection of Alg
Ambrosia Lane is acceptable as mitigation of the impact to existir
Unified School District school facilities-
5. The dedication of a 24.25 acre park site at the northern tenninus c
Lane satisfies park fee requirements.
6. All necessary public improvements have been provided or will be
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an
condition to pay a public facilities fee. Performance of that contract a
of the fee will enable this body to find that public facilities will 1
concurrent with need as required by the General Plan.
8. Assurances have been given that adequate sewer for the project will
by the City of Carlsbad.
9. As discussed in the staff report, the project is: (1) consista
development standards of the Avim Master Plan 177 and t
Development Ordinance; (2) in conformance with the Design Criterj
Plan 177; (3) in compliance with the Citfs Noise Policy No. 17 as (
and (4) is in conformance with the Mello I Local Coastal Program.
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10. The proposed project is compatible with the surrounding future land
surrounding properties are designated for Residential Development (RM the General Plan.
11. This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on P
1990, and Recommended for Approval by the Planning Commission on (
1990. In recommending approval of this Mitigated Negative Decla
Planning Commission has considered the initial study, the staff ar
required mitigation measures and any written comments received reg
significant effects of this project could have on the environment.
12. The applicant is by condition, required to pay any increase in public i
or new construction tax, or development fees, and has agreed to ab:
additional requirements established by a Local Facilities Manage:
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code.
impacts created by the project.
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ensure continued availability of public facilities and will mitigate any 1
12 13. This project is consistent with the City's Growth Management Ordinant
Facilities Management Plan for Zone 19. 13 been conditioned to comply with any requirement approved as part o
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Conditions:
1. Approval is granted for CT 90-9, as shown on Exhibit "A" - 'Y', dated
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1990, incorporated by reference and on file in the Planning C
Development shall occur substantially as shown unless otherwise not
conditions.
18 2. The developer shall provide the City with a reproducible 24" x 36", m;
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reflect the condibons of approval by the City- The Map copy shall bc
the Tentative Map as approved by the City Council. The Tentative
to the City Engineer prior to building, grading or improvement plar 20 I
21 /I whichever occurs first.
22 3. A 500' scale map of the subdivision shall be submitted to the Planni
prior to the recordation of the final map. Said map shall show all lot:
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4. This project is approved upon the express condition that the final m 24
within and adjacent to the project.
be approved unless the City Council finds as of the time of such a]
sewer service is available to serve the subdivision.
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5. This project is approved upon the express condition that building perm: be issued for development of the subject property unless the CitJi
determines that sewer facilities are available at the time of applicatio
sewer permits and will continue to be available until time of occupancy.
shall be placed on the final map.
6. This project is also approved under the express condition that the apl
the public facilities fee adopted by the City Council on July 28, 1s
amended from time to time, and any development fees established I
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Cod
ordinance adopted to implement a growth management system or fa
improvement plan and to fulfill the subdivider's agreement to pay
Management Fee dated December 4, 1987, copies of which are on fi
City Clerk and are incorporated by this reference. If the fees are nc
application will not be consistent with the General Plan and appro'
project shall be void.
facilities fee dated March 1, 1990, and the agreement to pay tl
7. Water shall be provided to this project pursuant to the Water Service
between the City of Carlsbad and the Carlsbad Municipal Water District,
25, 1983.
8. This project shall comply with all conditions and mitigation required E
19 Local Facilities Management Plan approved by the City Council or
22, 1987, incorporated herein and on file in the Planning Departme
future amendments to the Plan made prior to the issuance of buildin;
9. If any condition for construction of any public improvements or facik
payment of any fees in lieu thereof, imposed by thk approval or imp(
on this project are challenged this approval shall be suspended as :
Government Code Section 65913.5. If any such condition is deterr
invalid this approval shall be invalid unless the City Council determi
project without the condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all secf
Zoning Ordinance and all other applicable City ordinances in effecl
building permit issuance.
11. The applicant shall establish a homeowner's association and co
covenants, conditions and restrictions. Said CC&R's shall be subm
approved by the Planning Director prior to final map approval. The
Planning Area 5 shall include a provision which prohibits parking vel
private driveway which measures less than 20 feet from garage doo sidewalk or edge of curb face, whichever is closest to the structure,
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1 12. The applicant shall submit a street name list consistent with the City's SI
2 policy subject to the Planning Director's approval prior to final map a]
3 13. The applicant shall prepare a detailed landscape and irrigation plan whi
submitted to and approved by the Planning Director prior to the ir
4 grading or building permits, whichever occurs first.
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14. All landscaped areas shall be maintained in a healthy and thriving conc
from weeds, trash, and debris.
7 15. The developer shall install street trees at the equivalent of 40-foot inte
all public street frontages in conformance with City of Carlsbad stanc
8 trees shall be of a variety selected from the approved Street Tree List.
9 16. All landscape plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on
Planning Department. 10
11 17. Landscape plans shall be designed to minimize water use. Lawn and
visual importance or high use. Mulches shall be used and irrigation equ
12 1 plants (see Landscape Guidelines Manual) shall be limited to area:
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design shall promote water conservation.
18. Prior to final occupancy, a letter from a California licensed landscal
15 shall be submitted to the Planning Director certifying that all landscaph
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installed as shown on the approved landscape plans.
19, All herbicides shall be applied by applicators licensed by the State of
20. The applicant shall pay a landscape plan check and inspection fee as
Section 20.08.050 of the Carlsbad Municipal Code.
21. The first set of landscape and irrigation plans submitted shall include b 20
shall match the grading plans in terms of scale and location of imprc 22
print, improvement plans and grading plans.
21 22. All landscape and irrigation plans shall show existing and proposed CI
23 23. Mature trees which are removed shall be replaced one to one with m
24 box specimen. Each case shall be reviewed by the Planning Director
24. The minimum shrub size shall be 5 gallons, except at approved by t 25 I Director.
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25. The number of trees in a residential project shall be equal to or greate
number of residential units.
26. Any signs proposed for this development shall at a minimum be d
conformance with the City's Sign Ordinance and shall require review an
of the Planning Director prior to installation of such signs.
27. Building identification and/or addresses shall be placed on all new a]
buildings so as to be plainly visible from the street or access roac
identification and/or addresses shall contrast to their background colc
28. The developer shall display a current Zoning and Land Use Map in the
at all times, or suitable alternative to the satisfaction of the Planning
29. All sales maps that are distributed or made available to the public shall :
not be limited to trails, future and existing schools, parks, and streets
30. As part of the plans submitted for building permit plan check, the app
include a reduced version of the approving resolutiordresolutions on i
blueline drawing. Said blueline drawing(s) shall also include a c(
applicable Coastal Development Permit and signed approved site plan
31. Prior to the occupancy of any residential unit within this project, the N
recreational vehicle storage area (within Planning Area 23) with d we:
road to it shall be available for use.
32. Prior to the occupancy of any of the dwelling units, the project app
construct a 5 foot high sound attenuation wall between Alga RO;
proposed dwelling units along Alga Road. The wall shall be constructec
with the recommendations of the Acoustical Study for Planning Are;
Greve, 1990). Prior to the occupancy of units 126 - 129 and 131
project applicant shall incorporate all required traffic noise mitigatio
(ie. mechanical ventilation) into these units, as described in the Acousti
for PA-5.
33. Prior to the issuance of a grading permit or the recordation of the fin
project applicant shall receive a Coastal Development Permit flx
development that is in substantial conformance with this City app
for review prior to the issuance of a grading permit.
Coastal Permit shall be required to be submitted to the City Planning
34. Prior to the issuance of a grading permit, all Coastal Deed Restricted ar
22 and 24 as shown on *bit "B" and IC') shall be staked and flaggec
encroachment by construction equipment.
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35. All units which are setback a minimum of 5 feet hm a private drivew
eqdpped with an automatic garage door opener-
36. All perimeter fences/walls shall be required to be designed consisten
materials and style of other Master Plan approved fences/walls.
37. This project is approved subject to the condition that resideni
conservation measures including water efficient plumbing fixtures in ca
with State and Local Laws and Policies, be incorporated into the proje,
38. Prior to the recordation of the first final tract map or the issuance of
building permits, whichever is first, the owner of record of the property
boundaries of this tentative tract map shall prepare and record a notic
property is subject to overflight, sight, and sound of aircraft oper;
Palomar Airport in a manner meeting the approval of the Planning D
the City Attorney. The applicant shall post aircraft noise notification
locations of said signs shall be approved by the Planning Director.
sales and/or rental offices associated with the new development. The n
39. This project is approved subject to the condition that should any of tht
on-site oak trees be lost to development, the applicant (McK&ar) or s
interest shall be required to replace these oak trees at the following r
Two minimum sized 24" box specimens for each 6 to 23" diameter 02
minimum sized 24" box specimens and one minimum sized 36" box SI
each 24" - 40" diameter oak tree, one minimum sized 36" box specim
minimum sized 48'' box specimen for each 41" - 60" diameter oak tre
Ennineering:
40. This approval is subject to all conditions of approval of Master Plan 17
Tract 85-35 and Zone 19 Local Facility Management Plan, and any a
thereto.
41. This project is located within the Mello I Local Coastal Plan. AU d
design shall comply with the erosion control requirements of that pk
42. The developer shall comply with all the rules, regulations and design r
of the respective sewer and water agencies regarding services to the
43. The developer shall be responsible for coordination with S.D.G.
Telephone, and Cable TV authorities.
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44. The developer shall provide an acceptable means for maintaining tl streets, sidewalks, street lights, storm drain facilities and sewer facfiti
within the subdivision and to distribute the costs of such maintena
equitable manner among the owners of the units within the subdivision.
provision for such maintenance shall be included with the CC&R’s sub.
approval of the City Engineer. Except for Batiquitos Drive and Humming
all of the above improvements are considered private.
5 45. All concrete terrace drains shall be maintained by the homeowneJs ass(
individually owned lot). An appropriately worded statement clearly ideI 6 on commonly owned property) or the individual property owner
7 responsibility shall be placed in the CC&R’s,
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46. Approval of this tentative tract map shall expire twenty-four (24) montl
date of City Council approval unless a final map is recorded. An extc
be requested by the applicant. Said extension shall be approved or de
discretion of the City Council. In approving an extension, the City CI
impose new conditions and may revise existing conditions pursuant
20.12.110(a)(2) Carlsbad Municipal Code. 1
12 47. Prior to approval of the final map the developer shall enter into an agrec
Master Drainage Plan Update. 13 the City to pay any drainage area fees established as a result of the fc
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48. The applicant shall agree to utilize reclaimed water, if available, in T
on the subject property in all common areas as approved by the Cit Reclaimed water, as defined in Section 1305(n) of the California ’5”
means water which, as a result of treatment of wastewater, is suitable
beneficial use or controlled use that would not otherwise occur.
49. No grading permits shall be issued for this subdivision prior to record,
final map, except as approved for model homes.
50. Based upon a review of the proposed grading and the grading quantitie
the tentative map, a grading permit for this project is required. Prior
of a building permit for the project, the applicant must submit i
approval for grading plans in accordance with City codes and standard
a grading permit and complete the grading work in substantial confor
the approved grading plans.
51. The developer shall obtain a grading permit prior to the commence:
clearing or grading of the site.
85 52. NO grading shall occw outside the limits of the subdivision unless i
26 slope easement is obtained from the owners of the affected propel
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developer is unable to obtain the grading or slope easement, he must eit
the tentative map or change the slope so grading will not occur outside I
site in a manner which substantially conforms to the approved tentatj
determined by the City Engineer and Planning Director.
53. A separate grading plan shall be submitted and approved and a separa
permit issued for the borrow or disposal site if located within the Ciq
54. Prior to hauling dirt or construction materials to any proposed constr
within this project the developer shall submit to and receive approval frc
Engineer for the proposed haul route. The developer shall compl
conditions and requirements the City Engineer may impose with reg;
hauling operation.
55. The developer shall exercise special care during the construction ph
project to prevent offsite siltation. Planting and erosion control shall k
in accordance with the Carlsbad Municipal Code and the City Engineer.
Chap 11.06.
56. The developer shall construct desiltation/detention basins of a type a
at locations as approved by the City Engineer. The developer shall E
desiltation basin maintenance agreement and submit a mainten
satisfactory to the City Engineer prior to the approval of grading, builc
of final map whichever occurs first for this project. Each desiltation ba
serviced by an all-weather accesdmaintenance road. The provisic
agreement shall apply to any offsite borrow sites which may be uti1
construction of this project as required by the City Engineer.
57. Rain gutters are to be provided to convey roof drainage to an approv
device as approved by the City Engineer.
58. Additional drainage easements and drainage structures shall be I installed prior to the issuance of grading or building permits as may
by the City Engineer.
59. The developer shall make an offer of dedication to the City for all pi and easements required by these conditions or shown on the Tentativ offer shall be made by a certificate on the final map for this project.
offered shall be granted to the City free and clear of all liens and en
and without cost to the City. Streets that are already public are not
be rededicated.
60. Direct access rights for all lots abutting Hummingbird Drive, Batiquit(
Rock Dove Street shall be waived on the final map except thos
connection to private streets or as required for emergency access.
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61. Pdor to approval of any grading or bJ&g pedts for thls project,
shall give written consent to the annexation of the area shown T
boundaries of the site plan into the existing City of Carlsbad Street Liz
Landscaping District No. 1. The form shall be provided by the City 4
improvement plancheck process.
62. Runoff from this project is conveyed to environmentally sensitive a
subdivider shall provide adequate means of eliminating grease and
drainage prior to discharge. Plans for such improvements shall be apprc
City Engineer prior to issuance of grading or building permit. Those
be in conformance with the "waste discharge requirements for storm
urban runoff from the County of San Diego."
63. The developer shall install street lights along all public and private stree
in conformance with City of Carlsbad Standards.
64. The developer shall install a wheelchair ramp at the public street corn
the subdivision in conformance with City of Carlsbad Standards prior to
of any buildings.
65. Some improvements shown on the tentative map and/or requirec
conditions are located offsite on property which neither the City nor the
has sufficient title or interest to permit the improvements to be ma
acquisition of title or interest. The Developer shall conform to Section
of the Carlsbad Municipal Code.
66. Plans, specifications, and supporting documents for all improvemer
prepared to the satisfaction of the City Engineer. Prior to approval
map in accordance, with City Standards the Developer shall install,
install and secure with appropriate security as provided by law, imj shown on the tentative map and the following improvements:
A. Alga Road to major arterial standards or better from Mimosa :
Camino Real to the satisfaction of the City Engineer. This obl'
be shared with other projects having a similar condition to the
of the City Engineer.
67. Improvements listed above shall be constructed within 24 months c
approval.
68. The Fire Marshal has determined that onsite fire hydrants are required
project. Prior to issuance of a building permit for the site, the apl
submit and receive City and water district approval for approprial
improvement plans and easements. All improvements shall be
conformance with City and Water District Standards, plancheck and in!
paid and improvement security shall be posted with the Water Distrj
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69. The design of all private streets and drainage systems shall be appro1
City Engineer prior to approval of the final map for this project. The
section of all private streets shall conform to City of Carlsbad Standard
R-value tests. The horizontal design of the private streets are approve(
on the Tentative Map. All private streets and drainage systems shall lx
by the City, and the standards improvement plan check and inspectiox
be paid prior to approval of the final map for this project.
70. Irrigation systems to accommodate future reclaimed water shall bl
consistent with Title 17 of the California Administrative Code. Off
reclaimed water distribution systems should be anticipated by the ins1
adequately sized sleeves at crossing points to minimize street excavatj
71. The subject property is within the boundaries of Assessment Distric
(Alga Road). Upon the subdivision of land within the district bow
subdivider may pass through assessments to subsequent owners 3
subdivider has executed a Special Assessment District Pass-Through Au
Agreement. Said agreement contains provisions regarding notice t buyer of the amount of the assessment and other provisions and r(
subdivider to have each buyer receive and execute a Notice of Assessxr
Option Agreement. In the event that the subdivider does not e
Authorization Agreement, the assessment on the subject property must
in full by the subdivider Drior to any subdivision of the land.
72. As required by State law, prior to the recordation of a final map ova
subject property, a segregation of assessments must be completed and I
all subdivided lots. By applying for a segregation of assessments, the
agrees to pay the fee to cover the costs associated with the sew
segregation is not required if the subdivider pays off the assessment on
property prior to the recordation of the final map. In the event a sez
assessments is not recorded and property is subdivided, the full
assessment will appear on the tax bills of & new lot.
73. This project is approved under the express condition there will be n
The grading required for the model units is shown in an exhibit to tl
map. The grading for the model units prior to final recordation is
pursuant to the approval of this tentative map. Sewer and water mus
to the site. Fire hydrants shall be provided as deemed necessary
Marshal. A separate grading permit shall be obtained for the model
74. Standard curb inlets shall be installed on Cinerea Place and Ardeola D
intersections with Hummingbird Drive.
75. A) The lot configurations as shown on the tentative map are spc
approved. This project shall have a total of fourteen (14) lots.
shall be comprised of Lots 16 and 17. New Lot 2 shall be comp
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1,2 and 4. New Lot 3 shall be comprised of Lots 5,6 and 7. F
shall be comprised of Lots 8,9 and 10. New Lot 5 shall be cor
Lots 11,12 and 13. New Lot 6 shall be comprised of Lots 14 and
the recreation area. New Lot 7 shall be comprised of Lot 18 and
Space Lots 23, and 24 shall be renumbered Lots 9 and 10.
configuration as described in this condition is included as an atti
1. Open Space Lot 22 shall be renumbered Lot 12. The recra
shall be renumbered Lots 11,13 and 14. New Lot 13 shall
a portion of old Lot 19. New Lot 11 shall consist of old L
Lot 14 shall consist of a portion of old Lot 15.
the recreation area. New Lot 8 shall be comprised of Lots 20 and
8 I/ B) The phasing shall be consistent with the lot numbers except:
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1. Phase 4 shall include the portion of Ardeola shown in Ph
2. The landscaping for new Lot 9 (old Lot 23) shall be includ
3. The landscaping for Lot 10 (old Lot 24) shall be includt
than Phase 3.
than Phase 6.
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4. Phase 1 shall include the construction of recreation area I
5. Phase 2 shall include the landscaping of new open space :
6. Phase 6 shall include the construction of recreation area 1
C) The two open space lots - new Lots 9 and 10 (old Lots 23 and :
deeded over to the Aviara Master Association concurrent wid
recordation per the agreement between the developer ar
the construction of Recreation Area Lot 11.
Properties.
D) The following areas shall be granted as covenant for easen
owners of condominium units (not the Homeowner Associati
covenant for easements shall be conveyed by separate doc
recorded concurrent with the final map.
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1- A common area in perpetuity as a covenant eg wi
over the areas shown as old Lots 3 and a portion of Lot 1
11,14 and 13 on the tentative map, for landscaping main1
recreational purposes.
2. A common area in perpetuity as a covenant running w
over all paved areas and sidewalks, except individu
driveways, for vehicular access, parking, private I:
maintenance purposes.
3. A common area in perpetuity as a covenant running w
over new Lots 1 through 8 inclusive, for landscaping,
ma.in&?nance purposes.
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4. A common area in perpetuity as a covenant running wit]
over new Lot 12 (old Lot 22) for open space purposes.
These covenant for easements shall be binding upon all successo
and transfers of covenantor. These covenants cannot be quitclaim
the approval of the City. Wording to that effect shall be plac
covenants.
5 E) All the above changes shall be shown on the approved tentative I
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76. If the developer chooses to construct out of phase, all improvements r
previous phases are required.
8 Fire Conditions:
9 (1 77. Additional public and/or on site fire hydrants shall be provided
10 ll necessary by the Fire Marshal.
11 78. The applicant shall submit two (2) copies of a site plan showing 11
existing and proposed fire hydrants and on site roads and drives 1
12 Marshal for approval.
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79. An all weather access road shall be maintained throughout constructi
80. All required fire hydrants, water mains and appurtenances shall be I
15 prior to combustible building materials being located on the project s
16 81. Proposed emergency access systems shall be provided with "Knox" kc
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19 83. Brush clearance within this Planning Area shall be maintained accor
specifications contained in the City of Carlsbad Landscape Guidelines
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21 84. All fire alarm systems, fire hydrants, extinguishing systems, automati1
override switch, as specified by the Fire Department.
82. Fire retardant roofs shall be required on all structures.
and other systems pertinent to the project shall be submitted
22 Department for approval prior to construction.
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85. The entire potable and non-potable water system/systems for subject 24
Water District:
be evaluated in detail to ensure that adequate capacity and pressure 5 landscaping and fire flow demands are met.
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86. The developer's engineer shall schedule a meeting with the District Enf
the City Fire Marshal and review the preliminary water system layou
preparation of the water system improvements plans.
87. The developer will be responsible for all water fees and water deposit
major facility charge which will be collected at time of issuance of buildi
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 3rd day of October
7 /I the following vote, to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Holm
and Hall.
NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
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ABSTAIN: None.
- "" ",l".-".
SHARON SCHRA", Chairpersor
CARLSBAD PLANNING COMMISS
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ATTEST: ,kwh1=% I~%AE J. f HOLZM~LER
PC RES0 NO. 3100 -14-
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AVIARA PUNNING AREA 5 PUD f
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