HomeMy WebLinkAbout1992-05-20; Planning Commission; Resolution 33961: /I e e
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~ PLANNING COMMISSION RESOLUTION NO. 3396
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
BATIQUITOS DRIVE.
CASE NAME: AVIARA PLANNING AREA 30
CASE NO: CT 90-30
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7 WHEREAS, a verified application for certain property to wit:
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Portions of Sections 27, 28, 33, and 34, Township 12 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of San Diego. 11 has been filed with the City of Carlsbad and referred to the Planning Commission; and 10
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WHEREAS, the Planning Commission did, on the 20th day of May, 1992, hold 2 13
the Carlsbad Municipal Code; and
duly noticed public hearing as prescribed by law to consider said request; and I-4
WHEREAS, said verified application constitutes a request as provided by Title 21 0.
15 WHEREAS, at said public hearing, upon hearing and considering all testimony ant
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17 arguments, if any, of all persons desiring to be heard, said Commission considered a1
18 factors relating to the Tentative Tract Map.
19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a;
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A) That the above recitations are true and correct. 21
follows:
B) That based on the evidence presented at the public hearing, the Commissiol
23 recommends APPROVAL of CT 90-30, based on the following findings and subjec
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25 Findinns:
26 1. The project is consistent with the City‘s General Plan and MP 177 since th
proposed density of 1.82 du’s/acre is within the density range of 0-4 du’s/acr
27 specified for the site as indicated on the Land Use Element of the General Plan, an
to the following conditions:
28 is at or below the growth control point of 3.2.
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The site is physically suitable for the type and density of the development since th
site is adequate in size and shape to accommodate residential development at th
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to thi;
project, ensured that the final map will not be approved unless the City Counci
finds that sewer service is available to serve the project. In addition, the Planninl
Commission has added a condition that a note shall be placed on the final map tha
building permits may not be issued for the project unless the City Enginee
determines that sewer service is available, and building cannot occur within thc
project unless sewer service remains available, and the Planning Commission i
satisfied that the requirements of the Public Facilities Element of the General Plar
have been met insofar as they apply to sewer service for this project.
9 (1 4. School fees will be paid to ensure the availability of school facilities in the Carlsbac
lo I/ School District.
XI. II 5. Park-in-lieu fees are required as a condition of approval.
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6. All necessary public improvements have been provided or will be required as
conditions of approval.
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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. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan.
19 9. This project will not cause any significant environmental impacts and a Negative
In recommending approval of this Negative Declaration the Planning Commission
RECOMMENDED FOR APPROVAL by the Planning Commission on May 20, 1992. 20
Declaration has been issued by the Planning Director on December 12, 1991 and
has considered the lmtlal study, the staff analysis, all required mitigation measures 21 e e*
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and any written comments received regarding the significant effects this project
could have on the environment.
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 h:
been conditioned to comply with any requirement approved as part of the LOC;
Facilities Management Plan for Zone 19.
12. As discussed in the staff report, the grading for CI' 90-30 substantially complies wit
the mass grading approved on the Avim Phase I1 Master Tentative Map (CT 8!
37).
13. The Tentative Tract Map, CX 90-30, satisfies all requirements of Title 21, (Zoning
Title 20 (Subdivisions), and the Subdivision Map Act.
14. The design of CT 90-30 is consistent with MP 177.
15. The Tentative Tract Map, CT 90-30, is in compliance with the underlying Mel
I/East Batiquitos Local Coastal Programs.
16. This project will result in noise levels of between 60 and 65 dBA CNEL. Therefor1
pursuant to Planning Department Policy No. 17, the project is being approved wit
higher than 60 dBA CNEL noise levels because of the prominence of the site and tk
appearance of the noise barrier necessary to mitigate noise levels to 60 &A CNEl
Conditions:
1. Approval is granted for CT 90-30, as shown on Exhibit(s) "A" - "N", dated May 2(
1992, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in the:
conditions.
2. The developer shall provide the City with a reproducible 24" x 36', mylar copy f
the Tentative Map as approved by the Planning Commission. The Tentative Mz
shall reflect the conditions of approval by the City. The Map copy shall E
submitted to the City Engineer prior to issuance of building pe&ts or improveme:
plan submittal, whichever occurs first.
3. A 500' scale map of the subdivision shall be submitted to the Planning Director pric
to the recordation of the final map. Said map shall show all lots and streets withi
and adjacent to the project.
4. This project is approved upon the express condition that the final map shall not 1
approved unless the City Council finds as of the time of such approval that sewc
service is available to serve the subdivision.
5. This project is also approved under the express condition that the applicant pay tl.
public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance
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adopted to implement a growth management system or facilities and improvemer
plan and to fulfill the subdivider's agreement to pay the public facilities fee date
October 26, 1991, a copy of which is on file with the City Clerk and is incorporate
by this reference. If the fees are not paid this application will not be consistent wit1
the General Plan and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of th
final map as required by Chapter 20.44 of the Carlsbad Municipal Code des
previously excluded by the Parks Agreement between the City and Aviara Ian
Associates dated June 1, 1989.
The applicant shall provide school fees to mitigate conditions of overcrowding a:
part of building permit application. These fees shall be based on the fee schedulc
in effect at the time of building permit application. All or a portion of said fees ma!
be waived subject to the approval of the Carlsbad Unified School District.
Water shall be provided to this project pursuant to the Water Service agreemen
between the City of Carlsbad and the Carlsbad Municipal Water District, dated Ma:
25, 1983.
This project shall comply with all conditions and mitigation required by Master Plar
177 and the Zone 19 Local Facilities Management Plan approved by the City Counci
on December 22, 1987, incorporated herein and on file in the Planning Departmen1
and any future amendments to the Plan made prior to the issuance of building
permits.
The following note shall be placed on the Final Map. "Prior to issuance of 2
building permit for any buildable lot within the subdivision, the property owner
shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39?'.
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11. Prior to approval of the final map for any phase of this project, the applicant shall
enter into an agreement with the City to provide this project's proportional share
of the City's total obligation for low income housing units or to implement whatevel:
housing programs are adopted by the City Council to implement the HousinE
Element.
12. The applicant is aware that the City is preparing an in-lieu or housing impact fee
program as an alternative to the inclusionary requirements stipulated in Policy 3.6b
of the Housing Element. If in the development of the in-lieu fee program, it is
determined by the City Council in order to find consistency with the Housing
Government Code (Subdivision Map Act), that this project is subject to this fee and
building permits have not been issued, the applicant or its successors in interest
Element of the General Plan as well as consistency with Section 66473.5 of the
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shall pay whatever reasonable in-lieu fee that is required and in effect at the tin
of issuance of building permits. If required fees are not paid, this application w
not be consistent with the General Plan and approval for this project will be voil
13. If any condition for construction of any public improvements or facilities, or tl
payment of any fees in lieu thereof, imposed by this approval or imposed by law c
this project are challenged this approval shall be suspended as provided :
Government Code Section 65913.5. If any such condition is determined to 1
invalid this approval shall be invalid unless the City Council determines that tl
project without the condition complies with all requirements of law.
14. Approval of this request shall not excuse compliance with all sections of Title 2
(Zoning) and all other applicable City ordinances in effect at time of building perm
issuance.
15. Approval of CT 90-30 is granted subject to the approval of PUD 91-6.
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17. The applicant shall prepare a detailed landscape and irrigation plan which shall 1: 13
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14 submitted to and approved by the Planning Director prior to the issuance of gradir
or building permits, whichever occurs first.
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16 from weeds, trash, and debris.
16. The applicant shall annex the Avian Planning Area 30 open space areas into t€
Aviara Master Homeowner's Association concuzTent with the recordation of the fin
18. All landscaped areas shall be maintained in a healthy and thriving condition, fre
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19. Existing onsite trees shall be retained wherever possible and shall be trimme
and/or topped. Dead, decaying or potentially dangerous trees shall be approved fc
removal at the discretion of the Planning Department in conformance with th
Phase I1 Master Tentative Map (CX 89-37) Tree Preservation Plan. Those trec
which are approved for removal shall be replaced as required by the Phase 11 Trc
Preservation Plan. No tree removal shall occur prior to written approval of the trc
removal program by the Planning Director.
20. The developer shall install street trees at the equivalent of 40-foot intervals alox
all public street frontages in conformance with City of Carlsbad Standards. Th
trees shall be of a variety selected from the approved Street Tree List.
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22. All landscape plans shall be prepared to conform with the Landscape Guideline 25
21. Preliminary landscape plans shall be submitted.
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Manual and submitted per the landscape plan check procedures on file in th 26 Planning Department.
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Landscape plans shall be designed to minimize water use. Lawn and other zone I
plants (see Guidelines Manual) shall be limited to areas of special visual importancc
or high use. Mulches shall be used and irrigation equipment and design shal:
promote water conservation.
Prior to final occupancy, a letter from a California licensed landscape architect shal
be submitted to the Planning Director certifying that all landscaping has beer
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required b!
Section 20.08.050 of the Carlsbad Municipal Code.
As part of the plans submitted for building permit plan check, the applicant shal
include a reduced version of the approving resolutiodresolutions on a 24" x 36
blueline drawing. Said blueline drawing(s) shall also include a copy of an!
applicable Coastal Development Permit and signed approved site plan.
This project is approved subject to the condition that a Site Development Plan mus
be approved by the City prior to the issuance of any residential building permit
within this subdivision.
The applicant shall establish a homeownefs association and correspondinl
covenants, conditions and restrictions. Said CC&R's shall be submitted to an(
approved by the Planning Director prior to final map approval. The CC&R's shal
include provisions specifying Master Homeowner's Association or PA 3(
Neighborhood Homeowners Association maintenance responsibility for all natura
and manufactured project open space areas.
The applicant shall submit a street name list consistent with the City's street namj
policy subject to the Planning Director's approval prior to final map approval.
This project is approved subject to the condition that all project landscapiq
proposed in Exhibits "F' - "N", dated May 20,1992, shall be irrigated with reclaimel
water.
Prior to the recordation of the first find tract map, the owner of record of th
property within the boundaries of this tentative tract map shall prepare and recor:
a notice that this property is subject to overflight, sight, and sound of aircral
operating from McCldan - Palomar Airport, in a manner meeting the approval c
the Planning Director and the City Attorney. The applicant shall post akcraft nois
notification signs in all sales and/or rental offices associated with the ne1
development. The number and locations of said signs shall be approved th
Phning Director.
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33. Pursuant to Planning Department Administrative Policy #17 (Noise), all purchast
of impacted property (ie, Lots 3947 and 48-79) shall be notified prior to pd
and by deed disclosure in writing, that the property they are purchasing is n0:
impacted and does not meet current Carlsbad noise standards (60 &A CNEL) i
residential property. A notice to this effect shall appear on the final map.
34. Prior to the issuance of a grading permit or the recordation of the final map, t
project applicant shall receive a Coastal Development Permit which appro1
development which is in substantial conformance with this City approval. T
Coastal Permit shall be required to be submitted to the City Planning Departmt
for review prior to the issuance of a grading permit.
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35. Prior to find map approval or the issuance of a pding permit for CX 90-30,1
Aviara Phase I1 Tentative Map (CT 89-37) must be recorded as a final map.
36. This project currently shows no retaining walls. This project is approved subject
the condition that no retaining walls greater than 2 feet in height within the fix
or side yard setback area shall be permitted unless specifically approved by 1
Planning Commission during subsequent plan review.
37. This project is approved subject to the condition that grading proposed as part
any future Site Development Plan over the subject property shall be in substan1
conformance with the grading approved through this tentative map.
15 38. This project is approved subject to the condition that those portions of Lots 40-.
48-50, and 64-88, which are located within Coastal Commission deed restricl
16 areas shall be required to be placed under an open spacehon-building a easement which shall prohibit encroachment for development in perpetuity. A 17 future Site Development Plan processed for these lots shall be required to loci
18 project fencing outside of the deed restricted area.
19 39. The slope areas of Lots 4-17, 18-32, 51-61, 68-74, 77-82, and 91-104 shall
placed in non-building area easement and maintained in common by the Avi
structures shall be allowed within the easement. The wording of the restrictiom
the easement shall be submitted for the prior approval of the City of Carlsbad.
note to this effect shall be place on the Final Map.
20 Master Association. Except for perimeter fencing, no walls, fences, or otl
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40. This project is located within the Mello I and East Batiquitos Local Coastal Pla 24
Engineering Conditions:
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41. Unless a standards variance has been issued, no variance from City Standard!
All development design shall comply with the requirements of that plan.
authorized by virtue of approval of this tentative map.
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1 I/ 42. The applicant shall comply with all the rules, regulations and design requirement
2 /I of the respective sewer and water agencies regarding services to the project.
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43. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel
Telephone, and Cable TV authorities.
44. If the applicant chooses to construct out of phase, the new phasing must b.
5 reviewed and approved by the City Engineer and Planning Director.
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45. The applicant shall provide an acceptable means for maintaining the privatc
easements within the subdivision and all the private: streets, sidewalks, street lights
storm drain facilities and sewer facilities located therein and to distribute the cost
of such maintenance in an equitable manner among the owners of the propertie
within the subdivision. Adequate provision of such maintenance shall be includec
with the CC&R’s subject to the approval of the City Engineer prior to final ma]
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11 46. A note to the effect of the following shall be placed on a separate sheet of the fins.
map. All improvements are private and are to be privately maintained with thr
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13 A. The water main system within the private streets serving the fire hydrants
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A note shall be placed on the improvement plans stating which utilities are public
and which are private.
16 47. Approval of this tentative tract map shall expire twenty-four (24) months from thc
date of City Council approval unless a final map is recorded. An extension may bc
discretion of the City Council. In approving an extension, the City Council mal
impose new conditions and may revise existing conditions pursuant to Sectior
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requested by the applicant. Said extension shall be approved or denied at thc
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48. The applicant shall defend, indemnify and hold harmless the City and its agent:
officers, and employees from any claim, action or proceeding against the City or it!
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agents, officers or employees to attach, set aside, void or null an approval of tht
City, the Planning Commission or City Engineer which has been brought against thr
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24 49. Prior to approval of the final map, the owner shall enter into an agreement with the
25 City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
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City withk the time period provided by Section 66499.37 of the Subdivision Mal
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1 50. The owner of the subject property shall execute a Hold Harmless Agreemer regarding drainage across the adjacent property prior to approval of the final ma
2 for this project.
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The subject property is within the boundaries of Assessment District No. 88-1 (Alg
Road). Upon the subdivision of land within the district boundaries, the applical
may pass through assessment to subsequent owners o& if the applicant h;
executed a special Assessment District Pass-through Authorization Agreement. Sai
Agreement contains provisions regarding notice to potential buyer of the amount 1
the assessment and other provision and require the applicant to have each buy
receive and execute a Notice of Assessment and an Option Agreement. In the eve]
that the applicant does not execute the Authorization Agreement, the assessment c
the subject property must be paid in full by the applicant prior to any subdivisic
of the land.
As required by state law, prior to the recordation of a final map over any of tl
subject property, a segregation of assessments must be completed and recorded f all subdivided lots. By applying for a segregation of assessments, the applica
agrees to pay the fee to cover the costs associated with the segregation.
segregation is not required if the applicant pays off the assessment on the subje
property prior to the recordation of the final map. In the event a segregation
assessments is not recorded and property is subdivided, the full amount
assessment will appear on the tax bills of & new lot.
Based on a review of the proposed grading and the grading quantities shown on t
tentative map, a grading permit for this project is required. Prior to final m,
approval, the applicant must submit and receive approval for grading plans
accordance with City Codes and standards. Prior to issuance of a building pern
for the project, a grading permit shall be obtained and grading work shall
completed in substantial conformance with the approved grading plans.
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1 54. Prior to hauling dirt or construction materials to or from any proposed constructi
City Engineer for the proposed haul route. The applicant shall comply with site within this project, the applicant shall submit to and receive approval from t
21 conditions and requirements the City Engineer may impose with regards to t
hauling operation.
22 55. The developer shall exercise special care during the construction phase of t
23 project to prevent offsite siltation. Planting and erosion control shall be provic
in accordance with the Carlsbad Municipal Code and the City Engineer. Referer
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1 56. Additional drainage easements may be required. Drainage structures shall b
provided or installed prior to the issuance of grading or building permit as may E 2 required by the City Engineer.
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57. The owner shall make an offer of dedication to the City for all public streets an
easements required by these conditions or shown on the tentative map. The offt
shall be made by a certificate on the final map for this project. All land so offere
5 shall be granted to the City free and clear of all liens and encumbrances and with01
cost to the City. Streets that are already public are not required to be rededicatec 6
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Direct access rights for all lots abutting Batiquitos Drive shall be waived on the fin:
map.
The applicant shall comply with the requirements of the National Polluta~
Discharge Elimination System (NPDES) permit. The applicant shall provide be
management practices to reduce surface pollutants to an acceptable level prior I
discharge to sensitive areas. A Best Management Practices plan shall be approw
by the City Engineer prior to approval of the final map, issuance of grading (
building permit, whichever occurs first.
Plans, specifications, and supporting documents for all improvements shall 1
prepared to the satisfaction of the City Engineer. Prior to approval of the final ma,
in accordance with City Standards, the Applicant shall install, or agree to install ar
secure with appropriate security as provided by law, improvements shown on tl
tentative map and the following improvements:
l6 // A. the public water main system within the private streets
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A note to this effect shall be placed on an additional map sheet on the final map p
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listt
above shall be constructed within 18 months of approval of the secw
improvement agreement or such other time as provided in said agreement.
20 61. The design of all private streets and drainage systems shall be approved by the Ci
21 Engineer prior to approval of the final map for this project. The structural sectic
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of all private streets shall conform to City of Carlsbad Standards based on R-vab
tests. All private streets and drainage systems shall be inspected by the City, a]
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the standard improvement plan check and inspection fees shall be paid prior
approval of the final map for this project.
24 62. Prior to final map approval, the tract map for CT 89-37 must be recorded and t:
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mass grading for CT 89-37, Lot 9 shall be complete and finaled to the satisfactic
of the City Engineer.
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1 63. Concurrent with final map recordation, all lots with sight distance corridors sha
record a "Notice of Restriction on Real Property" for restricting height of landscapix
and the lot numbers aEected, shall be placed on the final map and included in tl
C"S.
2 and structures to 30" above the street. A note to this effect, stating the restrictic
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5 space for the purpose of grading will require an amendment to the tentative m
64. Any encroachment through construction into deed restricted or undisturbed opt
and approval of the Califorria Coastal Commission. A note to this effect slx 6 appear on the final grading plan.
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65. Prior to the commencement of any grading activities, the developer shall fence c
the deed restricted and undisturbed open space to the satisfaction of the Ci
Engineer and the Planning Director. A note to this effect shall appear on the fin
grading plans. The existing fencing on the Phase I1 Master Tentative Map conforr
with this condition.
66. The entire subdivision shall be graded concurrent with the first phase/unit of tl
development.
67. Concurrent with the first phase/unit of development, the main circulation loop
Brome Terrace from Batiquitos Drive to Dunlin Place and Dunlin Place from Bmn
Terrace to the Egret Lane entry to Batiquitos Drive shall be constructed to fi
improvement requirements as shown on the tentative map to the satisfaction of tl
City Engineer and Planning Director.
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68. Additional onsite public water maim and fire hydrants are required. 17'
Fire Conditions:
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69. Applicant shall submit a site plan to the Fire Department for approval, which depic
location of required, proposed, and existing public water mains and fire hydran
The plan should include off-site fire hydrants within 200 feet of the project.
70. An all-weather unobstructed access road suitable for emergency service vehicl
shall be provided and maintained during construction. When, in the opinion of t Fire Chief, the access road has become unserviceable due to inclement weather
other reasons, he may, in the interest of public safety, require that constructi
operations cease until the condition is corrected.
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71. AU required water mains, fire hydrants, and appurtenances shall be operatior
before combustible building materials are located on the construction site.
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1 72. All security gate systems controlling vehicular access shall be equipped with i "Knox", key-operated emergency entry device, Applicant shall contact the Fir1 2 Prevention Bureau for specifications and approvals prior to installation.
3 // 73. Native vegetation which presents a fire hazard to structures shall be modified o
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removed in accordance with the specifications contained in the City of Carlsba,
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to th
Fire Department for approval.
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74. The applicant shall provide a street map which conforms to the followin
requirements: A 400 scale photo-reduction mylar, depicting proposed improvement
and at least two existing intersections or streets. The map shall also clearly depic a street centerlines, hydrant locations and street names.
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lo 75. The entire potable and non-potable water systems for subject project shall b
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and then with the District Engineer to review the preliminary water system lay01
evaluated in detail to ensure that adequate capacity and pressure for domestic, nor
potable and fire flow demands are met.
prior to preparation of the water system improvement plans.
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The developer will be responsible for all fees and deposits plus the major facilit
charge which will be collected at time of issuance of building permit. Th
Developer shall pay a San Diego County Water Authority capacity charge which wi
be collected at issuance of application for meter installation.
This project is approved upon the express condition that building pennits will nc
be issued for development of the subject property unless the water district sen&
the development determines that adequate water and service is available at the tin
of application for water service and will continue to be available until time (
occupancy.
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79. The Water District shall require the removal and quitclaiming of a portion of 2
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existing 20-foot wide easement and water line located along the westerly proper
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir
2 Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by tl-
3 // following vote, to wit:
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AYES: Commissioners: Schlehuber, Schramm, Noble, Welshon
Savary & Hall.
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NOES: Chairperson Erwin.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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13 11 ATTEST:
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15 4vi;, - & 16 MICHAEL J. HMZMIL~LER
PLANNING DIRECTOR 17
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PC RES0 NO. 3396 -13-