HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3135'. e *
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PLANNING COMMISSION RESOLUTION NO. 3135
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 7 LOT TENTATIVE MAP ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCHO SANTA FE ROAD AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: CT 91-6
WHEREAS, a verified application for certain property to wit:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, State of California, Filed in the Office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85-355261 of official
records.
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 5th day of June, 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
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
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follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
hereby APPROVES of CT 91-6, based on the following findings and subject to the
following conditions: ....
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Fillb:
1. The project is consistent with all City public facility policies and ordinances since:
a. School fees will be paid to ensure the availability of school facilities in the
San Dieguito High School and Encinitas Unified School Districts.
b. Park-in-lieu fees are required as a condition of approval.
c. All necessary public improvements have been provided or will be required
as conditions of approval.
d. 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.
3. The proposed project is consistent with the City's Non-Residential Planned
Development Ordinance.
4. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on May 2, 1991 and
approved by the Planning Commission on June 5, 1991. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, dl required mitigation measures and any written comments received
regarding the significant effects this project could have on the environment.
5. 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.
6. 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 11.
7. The project provides an increase in and qyality upgrade of open space which is
contiguous to Open Space shown on the Open Space network map dated August
9, 1989.
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8. The project will not preclude any hture opportunities for trails linking larger Open
1 Spaces as part of a Citywide trails program.
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9. The project applicant has volunteered to fund a minimum of 50% of the cost of a
traffic signal at Camino de Las Coches and Calle Timite0 should such a signal be
warranted by this project in conjunction with other development in the area.
Conditions:
1. Approval is granted for CT 91-6, as shown on Exhibit(s) "A" - "M", dated
June 5, 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 map of the subdivision shall be submitted to the Planning Director
prior to the recordation of the final map. Said map shall show all lots and streets
within and adjacent to the project.
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4. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. This note
shall be placed on the final map.
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 subdivider's agreement to pay the public
facilities fee dated February 7, 1991, 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.
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7. The applicant shall provide school fees to mitigate conditions of overcrowding as 26
final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 25
6. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
part of building permit application. These fees shall be based on the fee schedule 27 in effect at the time of building permit application.
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8. Water shall be provided by the Olivenhain Municipal Water District.
9. This project shall comply with all conditions and mitigation required by
the Zone 11 Local Facilities Management Plan approved by the City Council on
January 20,1988, incorporated herein and on file in the Planning Department and
any future amendments to the Plan 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.
11. 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.
12. Approval of CT 91-6 is granted subject to the approval of PUD 91-3, SDP 91-6 and
CUP 91-4.
13. The applicant shall establish a property owner's 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.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
15. All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No.
80-6, to the satisfaction of the Directors of Planning and Building.
16. An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
17. 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.
18. All parking lot trees shall be a minimum of 15 gallons in size.
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19. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
20. 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.
21. 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.
22. 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.
23. 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.
24. All herbicides shall be applied by applicators licensed by the State of California.
25. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
26. The first set of landscape and irrigation plans submitted shall include building
plans, improvement plans and grading plans.
27. All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
28. All parking lot trees shall be canopy trees.
29. Shrubs will be planted from the following container sizes: 25% - one gallon,
70% - 5 gallon, 5% - 15 gallon. All screen type planting will be planted from five-
gallon containers.
30. 30% of the trees provided shall be 24" box or greater.
31. A uniform sign program for this development shall be submitted to the Planning
Director for his review and approval prior to the issuance of building permits. The
sign program shall address location, sizey materialsy colors and method of
installation for all signs. Signage will be prohibited on buildings 3 & 4 facing the
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adjacent open space corridor. Signs shall be oriented toward the interior of the project.
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.
The project shall provide bus stop facilities at locations subject to the satisfaction
of the North County Transit District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop sign. The bench and pole
shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the
Planning Director and North County Transit District.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolutiordresolutions 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.
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35. Prior to issuance of a grading or building permit, whichever comes first, a soils
report shall be prepared and submitted to the City of Carlsbad. If the soils report
indicates the presence of potential fossil bearing material then a standard three
phased program, on file in the Planning Department, shall be undertaken to avoid
possible significant impacts on paleontological resources under the direction of the
Planning Department.
36. All retaining walls shall have a decorative face which is consistent with the project
architecture. The material shall be reviewed and approved by the Planning
Director prior to the issuance of grading permits.
Ennineerinn - Conditions:
37. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this Tentative Map/Site Plan.
38. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
39. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
40. This project is approved specifically as 1 (single) phase.
41. The developer shall provide an acceptable means for maintaining all the private
streets, sidewalks, street lights, storm drain facilities and sewer facilities within the
subdivision and to distribute the costs of such maintenance in an equitable manner
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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 Engineer.
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42. All concrete terrace drains shall be maintained by the property association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the
4 responsibility shall be placed in the CC&R’s.
5 43. Approval of this tentative tract map shall expire twenty-four (24) months from the
extension may be requested by the applicant. Said extension shall be approved or 6 date of Planning Commission approval unless a final map is recorded. An
7 denied at the discretion of the Planning Commission. In approving an extension,
the Planning Commission may impose new conditions and may revise existing
8 conditions pursuant to Section 20.12.1 lO(a) (2) Carlsbad Municipal Code.
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44. 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 forthcoming
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Master Drainage Plan Update.
45. The owner of the subject property shall execute a hold harmless agreement
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47. Pretreatment of the sanitary sewer discharge from this project may be required. 1’7
controlled use that would not otherwise occur.
46. The applicant shall agree to utilize reclaimed water, 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
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In addidon to the requirements for a sewer connection permit the developer shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
The developer shall apply for an industrial waste water discharge permit
concurrently with the building permit for this project. No Certificates of
Occupancy for the project will be issued before the industrial waste discharge
permit application requirements have been met, all applicable fees paid and permit
issued.
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49. Based upon a review of the proposed grading and the grading quantities shown on 24
final map.
the tentative map/site plan, a grading permit for this project is required. Prior to
issuance of a building permit for the project, the applicant must submit and receive
26 approval for grading plans in accordance with City codes and standards, be issued
48. No grading permits shall be issued for this subdivision prior to recordation of the
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a grading permit and complete the grading work in substantial conformance with
the approved grading plans.
50. The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
11 51. 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
developer is unable to obtain the grading or slope easement, he must either amend
the tentative map/site plan or change the slope so grading will not occur outside
the project site in a manner which substantially conforms to the approved tentative
map/site plan as determined by the City Engineer and Planning Director.
52, Prior to hauling dirt or construction materials to any proposed construction site
within this project the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
53. The developer shall exercise special care during the construction phase of this
project to prevent off-site siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
54. The developer shall construct an urban pollutant basin of a type and size and at
location as approved by the City Engineer. The developer shall enter into an
urban pollutant basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
or final map whichever occurs first for this project. The urban pollutant basin
shall be serviced by an all weather access/maintenance road.
55. Additional drainage easements and drainage structures shall be provided or
installed prior to the issuance of grading or building permit as may be required by
the City Engineer.
56. The developer shall make an offer of dedication to the City for all public streets
and easements required by these conditions or shown on the tentative map/site
development plan. The offer 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.
57. Some improvements shown on the tentative map/site plan and/or required by
these conditions are located off-site on property which neither the City nor the
subdivider has sufficient title or interest to permit the improvements to be made
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without acquisition of title or interest. The Developer shall conform to Section
20.16.095 of the Carlsbad Municipal Code.
58. 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.
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Runoff from this project is conveyed to environmentally sensitive areas. The
subdivider shall provide adequate means of eliminating grease and oils from
City Engineer prior to issuance of grading or building permit.
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/site plan and the following improvements:
A. Construction of the "right-in only" entrance and deceleration lane along
drainage prior to discharge. Plans for such improvements shall be approved by the
Rancho Santa Fe Road.
B. Construction of the main entrance on Camino de 10s Coches.
C. The design and construction of a traffic signal at the main entrance at the
intersection of Camino de Los Coches and Calle Timiteo. Signal is to be
installed by the developer as directed by the City hgineer. The developer
shall pay a percentage of at least 50% of the cost of the signal based on
demand.
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.
61. Improvements listed above shall be constructed within 18 months of final map
approval and or improvement plan approval whichever occurs first.
62. The Fire Marshal has determined that on-site 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
improvement 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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The structural section for the private driveway must be designed with a traffic
index of 5.0 in accordance with City Standards due to a truck route through the
parking lot and/or aisles with an ADT greater than 500.
Irrigation systems to accommodate future reclaimed water shall be designed
consistent with Title 17 of the California Administrative Code. Off-site future
reclaimed water distribution systems should be anticipated by the installation of
adequately sized sleeves at crossing paints to minimize street excavation.
An additional 12 feet of public right of way shall be dedicated along a portion of
Rancho Santa Fe Road for a deceleration lane as shown on the tentative map/site
plan The offer shall be made by a certificate on the final map for this project for
the portion along the project frontage and by a separate instrument for the portion
off-site on the adjacent property to the sou& All land so offered shall be granted
to the City free and clear of all liens and encumbrances and without cost to the
City.
Access rights along the project frontage on Rancho Santa Fe Road were
relinquished per Parcel Map No. 13970 (MS 671). The project proposes access
from Rancho Santa Fe Road for a "right-in only" driveway. Therefore, the
developer shall pay for and submit an application for the quitchiming back of a
portion of the access rights of Rancho Santa Fe Road for this driveway. Prior to
final map approval the issue of quitclaimjng back of this portion of the access
rights is to be heard and decided by the City Council. Should Council not approve
and the tentative map/site plan is amended back through the Planning commission.
the quitclaim, then the project cannot be developed unless the project is redesigned
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16 67. A method for removing urban pollutants from the drainage on-site shall be
proposed and approved by the City Engineer prior to the issuance of a grading or 17 building pennit.
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68. This project proposes the construction of cribwalls into the existing slopes adjacent
to Rancho Santa Fe Road and Camino de las caches. These slopes were
constructed with buttress fills and the impact of the proposed cribwalls to be
constructed into these slopes needs to be evaluated. Therefore, at the time of
submittal of the grading plans for the project, the developer shall submit a report
from a soils engineer evaluating the proposed cribwall construction into the slopes.
If the soils report would find that cribwalls were not able to be constructed into
these slopes then the project cannot be constructed unless the project is redesigned
and the tentative map/site plan is amended back through the Planning
Codon.
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Custom Conditions:
69. Lot 7 shall be owned "in common" by the owners of the 6 other lots not by the
Property Owners Association. The applicant shall provide an acceptable means
for maintaining this common area lot and to distribute the cost of such
maintenance in an equitable manner among the owners of the subdivision.
Adequate pmvisions for such maintenance shall be included within the Cc&Rs
subject to the approval of the City Engineer.
70. The owner shall make an Irrevocable offer of dedication to the City of Carlsbad for
an open space easement over the major slopes adjacent to the southerly property
line of Lot 7. This shall include the urban pollutant basin and shall also include
the flat triangular area between the service parking area of building 3, the south
facing major slope and Camino de las Coches. The Irrevocable offer of dedication
for the open space easement shall be made by a certificate on the final map for the
project. The Irrevocable offer of dedication shall also be delineated on the
tentative map.
71. The applicant shall make adequate provisions for the perpetual maintenance of the
Irrevocably offered open space easement and to distribute the cost of such
maintenance in an equitable manner among the owners of the subdivision. These provisions are to be included within the CC&R's subject to the approval of the City
Engineer.
72. Concurrent with final map approval, the owner shall record a covenant to enter
into a reciprocal access and parking agreement over the driveway and parking
areas of Lot 1 and Lot 7.
Fire Conditions:
73. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
74. Additional public and/or on-site fire hydrants shall be provided if deemed necessary by the Fire Marshal.
75. The applicant shall submit for processing and shall pay the required applicants fees for a waterline improvement plan and appurtenant waterline easement as may be
required by the City Engineer, the Fire Marshal and Costa Real Municipal Water
District. The deed shall be properly executed and the waterline plans signed by
the City Engineer prior to issuance of building permits.
76. An all-weather access road shall be maintained throughout construction.
77. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials begin located on the project site.
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78. Fire retardant roofs shall be required on all structures.
80. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, 4
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79. Brush clearance shall be maintained according to the specifications contained in
and other systems pertinent to the project shall be submitted to the Fire
the City of Carlsbad Landscape Guidelines Manual.
5 Department for approval prior to construction.
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81. 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
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before issuance of permit.
82. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have 9 four-hour fire walls with no openings therein which shall split the building into
lo ll 10,000 sq. ft. (or less) areas.
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12 names, fire hydrant locations, and beginning and ending addresses by block.
83. Prior to issuance of building permits, the developer shall provide the Fire
Department with a 500’ scale map showing streets (public and private), street
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84. Prior to issuance of building permits, the developer shall submit to the Fire Department a map, showing the street network, conforming to the following
criteria:
15 11 w 400’ scale (1:4800)
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w Photo reduction on mylar
w At least two existing streets and/or intersections shall be referenced on the
w Maps shall include at least the following information:
map (not a separate vicinity map)
* Street Centerlines
* Street Names * Fire hydrant locations
21 85. The applicant shall agree to pay a fee established to cover the cost of updating Fire
22 Department response maps.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Erwin, Noble & Hall. 5
following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
4 AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary,
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NOES: None.
ABSENT: None.
ABSTAIN: None.
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CARLSBAD PLANNING COMMISSION
ATTEST:
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