HomeMy WebLinkAbout1991-05-29; Planning Commission; Resolution 32301 a @
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PLANNING COMMISSION RESOLUTION NO. 3230
A RESOLUTION OF THE PLANNING C~MMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP FOR AVIARA PLANNING AREA 24 ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/POINSETTIA LANE INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: CT 90-15
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WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range
8 4 west, in the City of Carlsbad
9 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 10
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of the Carlsbad Municipal Code; and
13 I/ WHEREAS, the Planning Commission did, on the 29th day of May, 1991, hold a
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factors relating to the Tentative Tract Map. l7
arguments, if any, of all persons desiring to be heard, said Commission considered all 16
WHEREAS, at said public hearing, upon hearing and considering all testimony and
B) That based on the evidence presented at the public hearing, the Commission 22
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recommends APPROVAL, of CT 90-15, based on the following findings and subject 23 to the following conditions:
24 Findins:
25 1. The project is consistent with the City‘s General Plan and MP-177 since the
26 maximum permitted density of 2.16 du’s/acre is within the density range of 0-4
du’s/acre specified for the site as indicated on the Land Use Element of the General 27 Plan, and is at or below the growth control point of 3.2.
duly noticed public hearing as prescribed by law to consider said request; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
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2. The site is physically suitable for the type and density of the development
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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 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.
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4. School fees will be paid to ensure the availability of school facilities in the
Carlsbad School District.
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5. Park-in-lieu fees are required as a condition of approval.
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.
15 8. The proposed project is compatible with the surrounding future land uses since
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surrounding properties are designated for single family residential development on
the General Plan.
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9. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on March 28,1991
and RECOMMENDED FOR APPROVAL by the Planning Commission on May 29,
1991. In approving 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 this project
could have on the environment,
10. 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.
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11, 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.
12. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City's hillside resources.
13. The project is in compliance with Carlsbad's Interim Open Space Ordinance.
14. The Tentative Tract Map, CX 90-15, satisfies all requirements of the Subdivision
Ordinance and the State Map Act.
15. As discussed in the staff report, this project adequately mitigates encroachment
into coastal deed restricted areas.
16. The project, CT 90-15, is in compliance with the underlying Mello I Local Coastal
Program.
Conditions:
1. Approval is granted for CT 90-15, as shown on Exhibit(s) "A" - "Kt', dated April 12,
1991, 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 mylar 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 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 subdividefs agreement to pay the public
facilities fee dated April 30, 1991, a copy of which is on file with the City Clerk
and is 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 will be void.
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless
previously excluded by the Parks Agreement between the City and Aviara Land
Associates dated June 1,1989.
7. The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a portion of said fees
may be waived subject to the approval of the Carlsbad Unified school District.
8. 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
25, 1983.
9. This project shall comply with all conditions and mitigation required by Master
Plan 177 and the Zone 19 Local Facilities Management Plan approved by the City
Council on December 22, 1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plans made prior to the issuance
of building permits.
~ 10. 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.
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11. Approval of this request shall not excuse compliance with all sections of the
I Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
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12. Approval of CT 89-39 is granted subject to the approval of MP-l77(D), LCPA 90-6,
HDP 90-20.
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13. The applicant shall annex the Aviara Planning Area 24 open space areas into the
Aviara Master homeowner's association concurrent with the recordation of the fmal map.
14. 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.
15. A master plan of the existing onsite trees shall be provided to the Planning
Director as part of the final grading plan to determine which trees shall be
required to be preserved prior to the issuance of a grading permit or a building
permit, whichever occurs first.
16. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
17. Existing onsite trees shall be retained wherever possible and shall be trimmed
for removal at the discretion of the Planning Department during the review of a
Master Plan submitted showing 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.
and/or topped. Dead, decaykg or potentially dangerous trees shall be approved
18. The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
19. Preliminary landscape plans shall be submitted.
~ 20. 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
Planning Department.
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I 21. 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.
22. All herbicides shall be applied by applicators licensed by the State of California.
23. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
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24. As part of the plans submitted for building permit plan check, the applicant shall
blueline drawing. Said blueline drawing(s) shall also include a copy of any
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include a reduced version of the approving resolution/resolutions on a 24" x 36l
incorporated herein by reference. 4
applicable Coastal Development Permit and signed approved site plan.
3 25. AU conditions of Mitigated Negative Declaration Resolution No. 3227 are
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27. This project is approved subject to the condition that a Site Development Plan 8
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Plan's proportional share of the Ciqs total obligation for very low, low and 6
26. Prior to final map approval for CT 90-15, the project applicant or their successor
must be approved by the City, prior to the issuance of any residential building
in interest shall enter into an agreement with the City to provide the Aviara Master
moderate income housing units.
9 permits.
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28. The applicant shall establish a homeownefs association and corresponding
covenants, conditions and restrictions. Said CC&R's shall be submitted to and
approved by the Planning Director prior to final map approval. The CC&R's shall
include provisions specifying Master homeowna association or PA-24
neighborhood homeowners association maintenance responsibility for all natural
and manufactured project open space areas.
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30. This project is approved subject to the condition that all project landscaping 16
policy subject to the Planning Director's approval prior to final map approval.
proposed on Exhibits "I" - "St, dated April 12, 1991 shall be irrigated with 17 reclaimed water.
29. The applicant shall submit a street name list consistent with the City's street name
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31. Prior to the recordation of the first final tract map the owner of record of the
property within 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 McCldan-Palomar Airport in a manner meeting the approd of the
Planning Director and the City Attorney. The applicant shall post airrraft noise
notification signs in all sales and/or rental offices associated with the new
development. The number and locations of said signs shall be approved by the
Phning Director.
32. Prior to the issuance of a grading 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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33. This project is approved subject to the understanding that all required imported
graded material shall be obtained from the Aviara Master Plan Area. If this
imported soil is to be obtained from any other area, then a complete
environmental review and other necessary permits shall be required.
- Fire:
34. Additional public and/or onsite fire hydrants shall be provided if deemed necessary
by the Fire Marshal.
35. 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 Marshal
for approval prior to issuance of a building permit.
36. An all-weather access road shall be maintained throughout construction.
37. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials begin located on the project site.
38. Proposed security gate systems shall be provided with "Knox" key operated
override switch, as specified by the Fire Department.
39. Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscape Manual.
40. 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.
41. All roof-top appurtenances shall be architecturally integrated into the design of the
building and shielding to prevent noise and visual impacts, subject to approval
before issuance of permit.
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42. This project is located within the Mello I and Mello I1 management plans. All
development design shall comply with the requirements of that plan.
43. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
44. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
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45. The applicant shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
46. This project is approved as four (4) recordation units. Construction phasing may
be allowed subject to the approval of a construction phasing plan by the Planning
Director and City Engineer.
47. The applicant shall provide an acceptable means for maintaining the easements
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
proision for such maintenance shall be included with the CC&R’s subject to the
approval of the City Engineer.
48. 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 and not in an open space easement). An appropriately
worded statement clearly identifying the responsibility shall be placed in the
CC&R’s.
49. This subdivision contains a remainder parcel. No building permit shall be issued
for the remainder parcel until it is further subdivided pursuant to the provisions
of Title 20 of the Carlsbad Municipal Code. This note shall be placed on a
separate sheet of the final map.
50. 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.
51. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or
its agents, officers, or employees to attack, set aside, void or null an approval of
the City, the Planning Commission or City Engineer which has been brought
against the City within the time period provided for by Section 66499.37 of the
Subdivision Map Act.
52. Prior to approval of the final map, the applicant shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update.
53. The owner of the subject property shall execute a Hold Harmless Agreement
regarding drainage across the adjacent property prior to approval of the of the first
final map or grading permit issuance whichever occurs first for this project.
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54. 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
applicant may pass through assessment to subsequent owners o& if the applicant
has executed a Special Assessment District Pass-through Authorization Agreement.
Said Agreement contains provision regarding notice to potential buyer of the
amount of the assessment and other provision and require the applicant to have
each buyer receive and execute a Notice of Assessment and an Option Agreement.
In the event that the applicant does not execute the Authorization Agreement, the
assessment on the subject property must be paid off in full by the amlicant prior
to any subdivision of the land.
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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, the applicant
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the applicant 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 bills of each new lot.
This project requires a grading permit. All grading shall occur in accordance with
City Ordinances, Engineering Standards and Policies.
No grading shall occur outside the limits of the subdivision unless a grading or
slope easement is obtained from the owners of the affected properties. If the
applicant is unable to obtain the grading or slope easement, no grading permit or
final map will be issued. In that case the applicant 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.
18 58. All grading shall occur at one time with recordation of the first unit. No Grading
39 may be allowed prior to the recordation of the first unit unless approved by the
20 11 C~IIzmun;ty Developer Geetor, Pl&g Dkector, and aty Engineer-
21 59. Prior to hauling dirt or construction materials to or from any propose<
construction site within this project, the applicant shall submit to and receivc
comply with all conditions and requirements the City Engineer may impose wit1 22 approval from the City Engineer for the proposed haul route. The applicant shal
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60. Additional drainage easements may be required. Drainage structures shall bc 24
regards to the hauling operation.
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required by the City Engineer.
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61. The applicant shall place the following notes on a non-mapping data sheet of the
final map:
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
has agreed to hold harmless and indemnify the City of Carlsbad from any action
62. The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The
owner shall make an irrevocable offer of dedication for future Poinsettia Lane as
indicated on the tentative map. These offers shall be made by a certificate on the
final map 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.
63. Direct access rights for all lots abutting Alga Road and hture Poinsettia shall be
waived on the final map.
64. Direct access rights to multi-fronted lots shall be waived as indicated on the
tentative map.
65. 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.
66. The drainage system shall be designed to ensure that runoff resulting from 10-year
frequency storms of 6 hours and 24 hours duration under developed conditions,
are equal to or less than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and 24 hour storm
durations shall be analyzed to determine the detention basin capacities necessary
area.
to accomplish the desired results. This may be handled &thin the Master Plan
67. The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map or issuance of grading permit,
whichever occurs first.
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68. Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant shall install, or agree to
install and secure with appropriate security as provided by law, improvements
shown on the tentative map and summarized below:
A. Full street improvements for Nightshade Drive, Gull Court, Curlew Terrace,
Caspian Lane, Sparrow Place, Oriole Court, Remsen Court and Wren Court.
B. Design and construct street improvements as shown on the tentative map for
Poinsettia Lane. The developer may bond and/or delay construction for these
improvements for a period of five years.
C. Public storm drain facilities.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
69. All improvements required in this project shall be constructed with the first final
map, except as indicated for Poinsettia Lane.
70. Improvements listed above shall be constructed within a maximum of 18 months
of final map approval and/or improvement plan approval, whichever occurs first,
except as indicated for Poinsettia Lane.
71. Drainage outlets into the open space shall be designed to minimize erosion.
72. The stom drain system proposed to carry flows generated to the north of the
project will require special design subject to the approval of the City Engineer.
73. The developer shall dedicate a 56 foot drainage easement for the deep storm drain
between Lots 102 and 103. This easement shall also be offered for dedication for
a public road to access northerly property along with the slope easements as
indicated on the Tentative Map.
74. Due to the steep grade, the access road to the storm drain between Lots 102 and
103 shall be brushed concrete or as approved by the City Engineer.
75. AU open space lots (Lots 119, 120, 121 and 122) shall be owned in fee and
maintained by the Aviara Master Association.
76. All lots with sight distance corridors shall record a notice restricting height of
landscaping and structures to 30" above the street concurrent with final map
recordation.
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77. The developer shall record open space easements to be maintained by the Aviara
Master Association or Planning Area 24 homeowners association on the slopes in Lots 100,101 and 102 and 103.
78. Any encroachment throughout construction into deed restricted or undisturbec
open space for the purpose of grading will require an amendment to the tentativc
map and approval of the California Coastal Commission. A note to this effw
shall appear on the final grading plan.
79. Prior to the commencement of any grading activities, the developer shall fence of
the deed restricted and undisturbed open space to the satisfaction of the Ciq
Engineer and the Planning Director. A note to this effect shall appear on the fins
grading plans.
80. prior to building permit issuance, Alga Road shall be constructed to major arteria
standards or better, from Mimosa Street to El Camino Real to the satisfaction c
the City Engineer.
Utilities & Maintenance:
81. Any proposed water services requiring backflow protection per City Ordinanc
must have backflow assembly proposal approved by the Utility Maintenanc
Director.
Water:
82. The entire potable and non-potable water systern/systems for subject project sha
be evaluated in detail to ensure that adequate capacity and pressure for domesti
landscaping and fie flow demands are met.
83. The developer's engineer shall schedule a meeting with the District Engineer an
the City Fire Marshal and review the preliminary water system layout prior 1 preparation of the water system improvement plans.
84. The developer will be responsible for all fees, deposits, and changes. The majc
facility charge and the San Diego county Water Authority capacity charges sha
be collected at time of issuance of building permit.
85. This project is approved upon the express condition that building permits will n
be issued for development of the subject property unless the water district servi~
the development determines that adequate water and service is available at tl
time of application for water service and will continue to be available until tir
of occupancy.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary:
Noble & Hall.
NOES: Cornmissioner Erwin.
ABSENT: None.
ABSTAIN: None.
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HOMILLEH
l6 /I PLANNING DIRECTOR
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