HomeMy WebLinkAbout1991-01-16; Planning Commission; Resolution 3140"-cc I1
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PLANNING COMMISSION RESOLUTION NO. 3140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF ATENTATIVE
TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CT 90-5
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and
the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-5, based on the following findings and subject
to the following conditions:
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Findings:
1. The project is consistent with Master Plan 177 since the proposed net density of
5.3 du/acre is within the permitted density of 7.9 du/acre as specified within
Master Plan 177.
2. The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
3. 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 occu 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.
4. The dedication of the 12.4 acre school site at the intersection of Alga Road and
Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad
Unified School District school facilities.
5. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia
Lane satisfies park fee requirements.
6. All necessary public improvements have been provided or will be required as
conditions of approval.
7. The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. 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.
8. Assurances have been given that adequate sewer for the project will be provided
by the City of Carlsbad.
9. As discussed in the staff report, the project is: (1) consistent with the
development standards of the Aviara Master Plan 177 and the Planned
Development Ordinance; (2) in conformance with the Design Criteria of Master
Plan 177; (3) in compliance with the City's Noise Policy No. 17 as conditioned;
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 uses since
surrounding properties are designated for Residential Development (RM/RLM/OS)
on the General Plan.
11. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on January 16,
1991. In recommending approval of this Mitigated Negative Declaration the
Planning Commission has considered the initial study, the staff analysis, all
required mitigation measures and any written comments received regarding the
significant effects of this project could have on the environment.
12. 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 Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
13. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
Conditions:
1. Approval is granted for CT 90-5, as shown on Exhibit "A" - "U", dated December
4, 1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be
submitted to the City Engineer prior to building, grading or improvement plan
submittal, whichever occurs first.
3. 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.
4. This project is approved upon the express condition that the final map shall not
be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision.
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5. This project is approved upon the express condition that building permits will not
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 hal map.
1 be issued for development of the subject property unless the City Engineer
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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 as amended from time to time, 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 November 2, 1989, and the agreement to pay the Growth
Management Fee dated December 4, 1987, 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.
11 7. Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 12 25, 1983.
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future amendments to the Plan made prior to the issuance of building permits. 15
22, 1987, incorporated herein and on file in the Planning Department and any
19 Local Facilities Management Plan approved by the City Council on December 14
8. This project shall comply with all conditions and mitigation required by the Zone
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9. 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 unless the City Council determines that the
project without the condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
11. The applicant shall establish a homeowner‘s association and corresponding
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
Planning Area 7 shall include a provision which prohibits parking vehicles in any
private driveway which measures less than 20 feet from garage door to back of
sidewalk or edge of curb face, whichever is closest to the structure.
approved by the Planning Director prior to final map approval. The CW’s for
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12. The applicant shall submit a street name list consistent with the City's street name
1 policy subject to the Planning Director's approval prior to final map approval.
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13. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of
grading or building permits, whichever occurs first.
4 14. All landscaped areas shall be maintained in a healthy and thriving condition, free
5 from weeds, trash, and debris.
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15. The developer shall install street trees at the equivalent of 40-foot intervals along
trees shall be of a variety selected from the approved Street Tree List.
all public street frontages in conformance with City of Carlsbad standards. The
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16. Preliminary landscape plans shall be submitted.
17. All landscape plans shall be prepared to conform with the Landscape Guidelines
Manual and submitted per the landscape plan check procedures on file in the
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18, Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Guidelines Manual) shall be limited to areas of special
visual importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
19. Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
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20. All herbicides shall be applied by applicators licensed by the State of California.
21. The applicant shall pay a landscape plan check and inspection fee as required by
19 I Section 20.08.050 of the Carlsbad Municipal Code. I
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22. The first set of landscape and irrigation plans submitted shall include building
box specimen. Each case shall be reviewed by the Planning Director. 24
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23. All landscape and irrigation plans shall show existing and proposed contours and 22
footprints and elevations, improvement plans and grading plans.
shall match the grading plans in terms of scale and location of improvements.
24. Mature trees which are removed shall be replaced one to one with minimum 36" I
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25. The minimum shrub size shall be 5 gallons or otherwise as approved by the
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2 26. The number of trees in a residential project shall be equal to or greater than the
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27. Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
28. 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.
29. The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
30. 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.
31. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan,
32. Prior to the occupancy of any residential unit within this project, the Master Plans
recreational vehicle storage area (within Planning Area 23) with all weather access
road to it shall be available for use.
33. Prior to the occupancy of any of the dwelling unitsy the project applicant shall
construct a 5.5 to 8.5 foot high noise barrier (combination wall and berm)
between Alga Road and buildings 11,12,21,22,42 and 43. The noise barrier
shall be constructed consistent with the recommendations of the Acoustical Study
for Planning Area 7 (Mestre Greve, 1990). The wall portion of this barrier shall
not be permitted to exceed 6 feet in height. Prior to the occupancy of all units
within buildings 11y12y21,22y42 and 43, the project applicant shall incorporate
all required traffic noise mitigation measures (ie. mechanical ventilation) into these
units, as described in the Acoustical Analysis for PA-7.
~ 34. Prior to the issuance of a pdmg permit or the recordation of the final map, the
project applicant shall receive a Coastal Development Permit that approves
development that is in substantial conformance with this City approval. The
Coastal Permit shall be required to be submitted to the City Planning Department
for review prior to the issuance of a grading permit.
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35- hior to the hanee of a gradhg pdt, d Coastal Deed Restricted areas
(portions of Lots 38,44,45 and 50 as shown on =bit "S") shall be staked and
flagged to prohibit encroachment by construction equipment.
36. All units which are setback a minimum of 5 feet from a private driveway shall be
equipped with an automatic garage door opener.
37. All perimeter fences/walls shall be required to be designed consistent with the
materials and style of other Master Plan approved fences/walls.
38. This project is approved subject to the condition that residential water
conservation measures including water efficient plumbing fixtures in conformance
with State and Local Laws and Policies, be incorporated into the projects design.
39. Prior to the recordation of the first final tract map or the issuance of residential - building permits, whichever is first, the owner of record of the property &tXn the
boundaries of this tentative tract map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from
Palomar Airport in a manner meeting the approval of the Planning Director and
the City Attorney. The' applicant shall post aircraft noise notification signs in all
sales and/or rental offices associated with the new development. The number and
13 locations of said signs shall be approved by the Planning Director.
14 40. Prior to final map approval, the project applicant shall be required to record a deed
restriction over that open space area located between Goldfinch Court and Wigeon
15 Place, which prohibits the connection of these two streets.
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Tract 85-35 and Zone 19 Local Facility Management Plan, and any amendments 18
41. This approval is subject to all conditions of approval of Master Plan 177, Carlsbad l
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Engineering Conditions:
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thereto.
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42. This project is located within the Mello I Local Coastal Plan. All development 20
43. The developer shall comply with all the rules, regulations and design requirements 22
of that plan. 21
design shall comply with the erosion control, grading and drainage requirements
of the respective sewer and water agencies regarding services to the project. 23
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44. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
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45. The developer shall provide an acceptable means for maintaining all the private
streets, sidewalks, street lights, open space, storm drain facilities and sewer
facilities located within the subdivision and to distribute the costs of such
maintenance in an equitable manner among the owners of the units within the
subdivision. Adequate provision for such maintenance shall be included with the
CC&R’s subject to the approval of the City hgineer All of the above
improvements are considered private unless otherwise labeled on the tentative
=P.
46. Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may
be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
47. Prior to approval of the final map the developer shall enter into an agreement with
the City to pay any drainage area fees established as a result of the Master
Drainage Plan Update.
48, The owner of the subject property shall execute a hold harmless agreement
regarding drainage across the adjacent property prior to approval of the find map
for this project.
49. The applicant shall agree to utilize reclaimed water, if available, in Type I form,
on the subject property in all common areas as approved by the City Engineer.
Reclaimed water, as defined in Section 1305(n) of the California Water Code,
means water which, as a result of treatment of wastewater, is suitable for a direct
beneficial use or controlled use that would not otherwise occur.
50. No grading permits shall be issued for this subdivision prior to recordation of the
final map except as approved for model homes.
51. Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to issuance
of a building permit for the project, the applicant must submit and receive
approval for grading plans in accordance with City codes and standards, be issued
a grading permit and complete the grading work in substantial conformance with
the approved grading plans.
52. The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
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53. No grading shall occur outside the limits of the subdivision unless a grading or
1 slope easement is obtained from the owners of the affected properties. If the
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developer is unable to obtain the grading or slope easement, he must either amend
the tentative map or change the slope so grading will not occur outside the project
site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
54. 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.
6 55. Prior to hauling dirt or construction materials to any proposed construction site
Engineer for the proposed haul route. The developer shall comply with all
hauling operation.
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within this project the developer shall submit to and receive approval from the City
conditions and requirements the City Engineer may impose with regards to the
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57.
The developer shall exercise special care during the construct;on phase of tGS
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
The developer shall construct temporary desiltation basins onsite 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 which ever 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.
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58. Rain gutters must be provided where necessary to convey roof drainage to an
approved drainage device as required by the City Engineer.
59. Additional drainage easements and drainage structures shall be provided or 20
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installed prior to the issuance of grading or building permit as may be required by
the City Engineer.
22 60. The developer shall make an offer of dedication to the City for all public streets
23 and easements required by these conditions or shown on the Tentative Map. The
offer shall be made by a certificate on the final map for this project. All land so
24 offered shall be granted to the City free and clear of all liens and encumbrances l
and without cost to the City. Streets that are already public are not required to ~
25 be rededicated.
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61. Direct access rights for all lots abutting Alga Road shall be waived on the final
map except for the point of connection with Baccharis Lane.
62. Prior to approval of any grading or building permits for this project, the owner
shall give written consent to the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1. The form shall be provided by the City during the
improvement plancheck process.
63. Runoff from this project is conveyed to environmentally sensitive areas. The
subdivider shall provide adequate means of eliminating urban pollutants from
drainage prior to discharge. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit.
64. 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 perrnit the improvements to be made without
acquisition of title or interest. The Developer shall conform to Section 20.16.095
of the Carlsbad Municipal Code.
65. 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 in accordance, with City Standards the Developer 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:
A. Irrigation systems to accommodate future reclaimed water shall be designed
and installed consistent with Title 17 of the California Administrative Code,
and to the satisfaction of the City Engineer and the Water District.
B. Alga Road to major arterial standards or better from Mimosa Street to El
Camino Real to the satisfaction of the City Engineer. This obligation may be
shared with other projects having a similar condition to the satisfaction of
the City Engineer.
66. Improvements listed above shall be constructed within 24 months of final map
approval and/or improvement plan approval which ever occurs first.
67. The Fire Marshal has determined that onsite fire hydrants are required to serve this
project. Prior to issuance of a building permit for the site, the applicant must
submit and receive City and water district approval for appropriate waterline
hnprovement plans and easements. All Improvements shall be designed In
conformance with City and Water District Standards, plancheck and inspection fees
paid and improvement security shall be posted with the Water District.
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68. The design of all private streets and drainage systems shall be approved by the
City Engineer prior to approval of the final map for this project. The structural
section of all private streets shall conform to City of Carlsbad Standards based on
R-value tests. All private streets and drainage systems shall be inspected by the
City, and the standard improvement plan check and inspection fees shall be paid
prior to approval of the final map for this project. The horizontal design of the
private streets are approved as shown on the tentative map.
69. The private sidewalk shall be kept clear of all obstructions including, but not
limited to, fire hydrants, mail boxes and street lights.
70. The subject property is within the boundaries of Assessment District No. 88-1
(Alga Road). Upon the subdivision of land within the district boundaries, the
subdivider may pass through assessments to subsequent owners & if the
subdivider has executed a Special Assessment district Pass-Through Authorization
Agreement. Said agreement contains provisions regarding notice to potential
buyers of the amount of the assessment and other provisions and requires the
subdivider to have each buyer recdve and execute a Nodce of Assessment and an
Option Agreement. In the event that the subdivider does not execute the
Authorization Agreement, the assessment on the subject property must be paid off
in full bv the subdivider prior to any subdivision of the land.
71. As required by State law, prior to the recordation of a final map over any of the
subject property, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of assessments, &e subdivider
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the subdivider pays off the assessment on the subject
property prior to the recordation of the final map. In the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax biUs of & new lot.
72. This project is approved under the express condition there wiu be model units.
The grading required for the model units is shown in an exhibit to the tentative
pursuant to the approval of this tentative map. Sewer and water must be
provided to the site. Fire hydrants shall be provided as deemed necessary by the
Fire Marshal.
map. The grading for the model units prior to final recordation is authorized
73. All storm drain and sewerlines which do not carry public flows shall remain private
and be maintained by the Homeowners Association. A note to this &ect shall be
placed in the CC&R’s.
74. If the developer chooses to construct out of phase, all improvements required by
previous contiguous phases must be constructed.
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75. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara Master
Association concurrent with final map recordation per the agreement between the
developer and Hillman Properties.
76. The following areas shall be granted as covenant for easements to all owners of
condominium units (not the Homeowner Association). These covenant for
easements shall be conveyed by separate document and recorded concurrent with
the fhd map.
1. A common area in perpetuity as a covenant running with the land over all
paved areas and sidewalks, except individual concrete driveways, for access,
parking, private utilities and maintenance purposes.
2. A common area in perpetuity as a covenant running with the land over Lot
1 through Lot 23 inclusive, for landscaping, access and maintenance
purposes.
These covenants for easements shall be binding upon all successors, assigns and
transferee of covenantor. These covenants can not be quitclaimed without the
approval of the City. Wording to that effect shall be placed in the covenants.
77. The emergency access road shall be constructed with Phase 6.
78. Phase 3 of m 90-5 shall include street, curb, gutter, storm drainage inlets and the
necessary infrastructure in Sand Astor Drive and Plover Court necessary for the
development of that phase, to the satisfaction of the City En&eer.
Fire Conditions:
79. Additional public and/or on site fire hydrants shall be provided if deemed
necessary by the Fire Marshal.
80. An all weather access road shall be maintained throughout construction.
81. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
82. Proposed security gate systems shall be provided with "lhox" key operated
override switch, as specified by the Fire Department.
83. All private driveways shall be kept clear of parked vehicles at all time, and shall have posted "NO ParkingFire Lane - Tow Away Zone" pursuant to Section
17.04.040, Carlsbad Municipal Code.
84. Fire retardant roofs shall be required on all structures.
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85. Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscape Guidelines Manual.
86. All fire alarm systems, fie hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
87. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
Water District:
88. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
89. The developer's engineer shall schedule a meeting with the District Engineer and
the City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvements plans.
~ 90. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. I
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14 II PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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by the following vote, to wit: 16
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991,
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden
and Hall.
19 I1 NOES: Commissioner Erwin.
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ABSENT: Commissioner Marc .."
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
24 // ATTEST:
25
26
27
PC RES0 NO. 3140 -13- 28
PLANNING DIRECTOR