HomeMy WebLinkAbout1993-12-01; Planning Commission; Resolution 3577- c*
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PLANNING COMMISSION RESOLUTION NO. 3577
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE
AND ROUGH GRADE THE INDIVIDUAL NEIGHBORHOODS
AND MAJOR STREETS WITHIN THE THIRD PHASE OF THE
AVIAR4 MASTERPLAN ON PROPERTYGENERALLY LOCATED
ALONG FUTURE AMBROSIA LANE NORTH OF ALGA ROAD
IN LOCAL, FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PHASE 111
I I CASE NO: CT 92-03
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8 I/ WHEREAS, a verified application for certain property to wit:
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A portion of the east half of the southeast quarter of Section
22, and a portion of the north half of Section 27, all in
Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California according to official plat thereof, as shown on
Record of Survey No. 10774, recorded in the Office of the San
Diego County Recorder, October 30, 1986.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
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21 of the Carlsbad Municipal Code; and
WHEREAS, said verified application constitutes a request as provided by Ti1
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WHEREAS, the Planning Commission did, on the 17th day of Novembc
1993, and on the 1st day of December, 1993, hold a duly noticed public hearing
prescribed by law to consider said request; and 19
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a il WHEREAS, at said public hearing, upon hearing and considering all testimo
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factors relating to CT 92-03; and 23
and arguments, if any, of all persons desiring to be heard, said Commission considered
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comrnissi 24
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A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commissior
1 recommends APPROVAL of CT 92-03, based on the following findings and subjecl
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1. The proposed map and project design is consistent with the applicable general plaI
and local coastal plan segments.
2. The site is physically suitable for the type and density of the development since thc
site is adequate in size and shape to accommodate residential development at thc
density proposed.
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8 11 3. The project is consistent with all City public facility policies and ordinances since
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The Planning Commission has, by inclusion of an appropriate condition to thi
project, ensured building permits will not be issued for the project unless the Ciq
Engineer determines that sewer service is available, and building cannot occu
within the project unless sewer service remains available, and the Plannin;
Commission is satisfied that the requirements of the Public Facilities Element of thi
General Plan have been met insofar as they apply to sewer service for this projecl
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All necessary public improvements have been provided or will be required a
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriat
condition to pay a public facilities fee. Performance of that contract and paymen
of the fee will enable this body to find that public facilities will be availabl
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l8 I 4. The proposed project is compatible with the surrounding future land uses sinc
surrounding properties are designated for residential development on the Gener:
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5. This project will not cause any significant environmental impacts and a Mitigate
Negative Declaration has been issued by the Planning Director on October 14,199:
In recommending approval of this Mitigated Negative Declaration the Plannin
Commission has considered the initial study, the staff analysis, all require
mitigation measures and any written comments received regarding the significar
effects this project could have on the environment.
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6. This project is consistent with the City's Growth Management Ordinance as it lx
been conditioned to comply with any requirement approved as part of the Loci
Facilities Management Plan for Zone 19.
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7. The design of the subdivision will not conflict with easements or records of
easements established by court judgement, acquired by the public at large, for access
through or use of property within the proposed subdivision.
Conditions:
1. Approval is granted for CT 92-03, as shown on Exhibits "A" - "M", dated November
17, 1993, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
7 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the tentative map as approved by the City Council. The tentative map shall reflect
to the City Engineer and approved prior to building, grading, final map, 01
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improvement plan submittal, whichever occurs first. 9
the conditions of approval by the City. The tentative map copy shall be submitted
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4.
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.
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 (amended July 2,
1991) 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 March 9, 1992, 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 no1
be consistent with the General Plan and approval for this project will be void.
18 5. This project is approved upon the express condition that building permits will no.
the development determines that adequate water and sewer service is available a
available until time of occupancy. This note shall be placed on the final map.
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the time of application for water service and sewer permits and will continue to bt 20
be issued for development of the subject property unless the water district servinr
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7. The following note shall be placed on the Final Map. "Prior to issuance of i 24
amendments made to that Plan prior to the issuance of building permits.
6. This project shall comply with all conditions and mitigation measures which ma;
be required as part of the Zone 19 Local Facilities Management Plan and an!
building permit for any buildable lot within the subdivision, the property owner
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shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39".
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8. 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
invalid this approval shall be invalid unless the City Council determines that the 4
project without the condition complies with all requirements of law. 5
Government Code Section 65913.5. If any such condition is determined to be
6 9. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
7 final map as required by Chapter 20.44 of the Carkbad Municipal Code unless
previously excluded by the Parks Agreement between the City and Aviara Land
8 Associates dated June 1,1989, as determined by the Parks and Recreation Director.
9 10. 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
be waived subject to the approval of the Carlsbad Unified School District.
10 in effect at the time of building permit application. All or a portion of said fees may
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12 11. Approval of this request shall not excuse compliance with all sections of the Zoning
permit issuance. 13 Ordinance and all other applicable City ordinances in effect at time of building
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12. Approval of CT 92-03 is granted subject to the approval of MP 177(G), LCPA92-01,
GPA 93-06, and HDP 92-04. CT 92-03 is approved subject to all conditions of
approval for MP 177(G), LCPA 92-01, GPA 93-06, and HDP 92-04, Planning
Commission Resolution No's. 3574, 3575, 3576, and 3578, incorporated herein by
reference and on file in the Planning Department.
13. The applicant shall annex the area covered by Phase 111 into the Aviara Master
Homeowner's Association and corresponding covenants, conditions and restrictions.
The amended CC&R's shall be submitted to and approved by the Planning Director
prior to final map approval.
14. The applicant shall submit a street name list for Planning Areas 17, 21, and 22
consistent with the City's street name policy subject to the Planning Director's
approval prior to final map approval for those Planning Areas.
I 23 15. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading 24 or building plans, whichever occurs first.
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16. A master plan of the existing onsite trees shall be provided to the Planning Directo:
as part of the final grading plan to determine which trees shall be required to bc
preserved prior to the issuance of a grading permit or a building permit, whicheve
occurs first.
17. All landscaped areas shall be maintained in a healthy and thriving condition, frel
from weeds, trash, and debris.
18. The developer shall install street trees at the equivalent of 40-foot intervals alonj
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. All landscape plans shall be prepared to conform with the Landscape Manual an(
submitted per the landscape plan check procedures on file in the Planninj
Department.
20. Landscape plans shall be designed to minimize water use. Lawn and other zone :
plants (see Landscape Manual) shall be limited to areas of special visual importanct
or high use. Mulches shall be used and irrigation equipment and design shah
promote water conservation.
21. 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.
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 bg
Section 20.08.050 of the Carlsbad Municipal Code.
24. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
25. 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.
26. The project shall provide bus stop facilities at locations subject to the satisfactior:
of the North County Transit District. Said facilities shall at a minimum include 2
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 PlanninL
Director and North County Transit District.
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27. Approval of CT 92-03 is subject to approval of the California Coastal Commission
and approved by the Planning Director and City Engineer prior to approval of an]
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dedication and vacation necessary to complete the park land exchange, to the 4
final map, and may necessitate a formal amendment to this approval. 2
Any revisions that may be required by the Coastal Commission must be reviewec
3 28. Prior to approval of the final map for Unit I, the developer shall complete any
satisfaction of the Parks and Recreation Director.
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30. Direct access rights for all lots abutting Ambrosia Lane shall be waived on the hal 9
Standards.
10 map except for designated access points to Lots 1, 2, 3, and 8 as shown on the
tentative map or at other designated access points as approved by the City Engineer.
11 31. This project is located within the Mello I, Mello 11, and East Batiquitos Local Coastal
Engineering Conditions:
29. Prior to issuing a building permit for Lots 143 through 152 in Unit XI, thc
developer shall provide an emergency secondary access in accordance with city
12 Plans. All development design shall comply with the requirements of those plans.
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32. Unless a standards variance has been issued, no variance from City Standards is
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33. The applicant shall comply with all the rules, regulations and design requirements 15
authorized by virtue of approval of this tentative map.
of the respective sewer and water agencies regarding services to the project.
34. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell 17
All public facilities needed to serve each unit and meet City Standards shall be 19
Telephone, and Cable TV authorities.
18 35. This project is specifically approved as seven (7) units for the purposes of recording.
guaranteed for construction prior to recording of a final map for that unit.
36. If the applicant chooses to construct out of phase, the new phasing must be
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22 37. All concrete terrace drains shall be maintained by the homeowner's association (if
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individually owned lot). An appropriately worded statement clearly identifying the
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reviewed and approved by the City Engineer and Planning Director.
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38. 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.
39. 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. I 8 40. Prior to the approval of the final map, the owner shall enter into an agreement with
9 the City to pay any drainage area fees established as a result of the Master Drainage
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l1 ii 41. Prior to final map the applicant shall pay all current fees and deposits required.
12 42. The owner of the subject property shall execute an agreement holding the City
final map for this project. 13 harmless regarding drainage across the adjacent property prior to approval of the
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43. 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 owner may
pass through assessments to subsequent owners & if the owner has executed a
Special Assessment District Pass-through Authorization Agreement. Said Agreement
contains provision regarding notice to potential buyers of the amount of the
assessment and other provisions and requires the owner to have each buyer receive
and execute a Notice of Assessment and an Option Agreement. In the event that the
owner does not execute the Authorization Agreement, the assessment on the subject
property must be paid off in full by the owner prior to final map approval.
44. 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 submitted 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.
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45. Prior to final map approval the owner shall execute a hold harmless agreement fc
geologic failure.
46. Based upon a review of the proposed grading and the grading quantities shown 0:
the tentative map, a grading perrnit for this project is required. (Prior to final ma
approval, the applicant must submit and receive approval for grading plans i:
accordance with City Codes and standards. Prior to issuance of a building permj
for the project, a grading permit shall be obtained and grading work be complete
in substantial conformance with the approved grading plans.)
47. Upon completion of grading, the applicant shall ensure that an "as-gradedt geologi
plan is submitted to the City Engineer. The plan shall clearly show all the geolog
as exposed by the grading operation, all geologic corrective measures as actual\
constructed and must be based on a contour map which represents both the pre an(
post site grading. This plan shall be signed by both the soils engineer and thc
engineering geologist. The plan shall be prepared on a 24" x 36" mylar or simila~
drafting film and shall become a permanent record.
48. No grading shall occur outside the limits of the subdivision unless a grading or slop(
easement is obtained from the owners of the affected properties. If the applicanl
is unable to obtain the grading or slope easement, no grading permit 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.
49. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
50. The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
51. The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a 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. Each basin shall be serviced by
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an all-weather access/maintenance road. This condition may be met by basin(s)
guaranteed for construction by other projects located offsite and downstream from
this project.
52. Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
53. The applicant shall place the following note on a non-mapping data sheet of the
final map:
Geotechnical Caution:
A preliminary soils report indicates the possible presence of a remnant of an anaent
landslide and the possible presence of unconsolidated alluviums within the
boundaries of the subdivision. Even though the report also recommends methods
of mitigation for these geologic conditions, some risk to building pads or structures
located thereon may exist, therefore:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action 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. 1 54. 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 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.
55. Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
56. 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 to accomplish the
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desired results prior to (final map approval) issuance of building or grading perrnitl
whichever occurs first.
57. The applicant shall comply with the City's 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 tc
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
58. 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 the following improvements:
I I. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHASE IN THE
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SUBDIVISION, THE FOLLOWING IMPROVEMENTS ARE REQUIRED:
I A. Poinsettia Lane within the subdivision boundaries shall have full public improvements to major arterial standards or as approved by the
City Engineer and Planning Director.
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B. Offsite Poinsettia Lane from the subdivision boundary to Blackrail
Court shall be constructed with full width grading, two 14 foot wide
paved center lanes, median curbing, drainage facilities as needed and all sewer and utility lines that would be underneath the pavement.
The developer may apply for a reimbursement agreement for these
improvements.
C. Ambrosia Lane within the subdivision boundaries shall have full public
improvements to local street standards.
D. Within the subdivision boundaries Blackrail Court shall have a
between-curb width of 48 feet in a 68 foot wide right-of-way as
shown on the tentative map from Alga Road to Street "I". From
Street "I" to the subdivision boundary the between-curb width shall
taper from 48 feet wide to 40 feet wide. The taper shall be to the
satisfaction of the City Engineer.
E. Offsite Blackrail Court from the subdivision boundary to Poinsettia
Lane shall be constructed with a 28 foot wide paved roadway with
sufficient drainage control facilities as may be required and all sewer,
water and utility lines that would be underneath the paving.
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Sufficient right-of-way shall be obtained for the improvements to b(
constructed and maintained but not less than 30 feet in width. Tht
developer may request a reimbursement agreement for the utilitie
being installed but not needed for this project and permanent surfacf
improvements not needed for this project.
11. PRIOR TO RECORDING A FINAL, MAP FOR ANY SUBSEQUENT PHASE ALJ
THE IMPROVEMENTS REQUIRED FOR THAT PHASE TO MEET CETl
STANDARDS ARE REQUIRED:
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k Street "D" and Street "G" in Unit VI1 are designated hillside streets.
As shown on the tentative map, Street "D" and "G" shall have a right-
of-way width of 46 feet, a between-curb width of 32 feet and
sidewalks only on one side. The right-of-way width shall taper from
the local street 60 feet wide in Unit V to the hillside street 46 feet
wide in Unit VII. The between-curb width shall taper from 40 feet
wide in Unit V to 32 feet wide in Unit WI, all to the satisfaction of
the City Engineer.
B. All streets within the subdivision boundaries shall have fiill public
street improvements based on the right-of-way widths as shown on
the tentative map.
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
Fire Conditions:
59. Prior to the issuance of building permits, complete building plans shall be approved
by the Fire Department.
60. Additional onsite public water mains and fire hydrants are required.
61. Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants.
The plan should include off-site fire hydrants within 200 feet of the project.
62. Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
63. An all-weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
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Fire Chief, the access road has become unserviceable due to inclement weather or
operations cease until the condition is corrected. 1 other reasons, he may, in the interest of public safety, require that construction
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64. All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
65. Native vegetation which presents a fire hazard to structures shall be modified or
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Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Water Conditions: 8
Fire Department for approval.
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66. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands are
met.
67. The Developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
I* 11 68. Sequentially, the Developers Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protection
requirements.
I? I B. Prepare a colored reclaimed water use area map and submit to the Planning
l8 ! Department for processing and approval.
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potable, reclaimed and sewer systems prior to the preparation 0: 20
I C. Schedule a meeting with the District Engineer for review, comment anc
approval of the preliminary system layout usage (GPM - EDU) plan fo~
21 II improvement plans.
22 69. This project is approved upon the expressed condition that building permits will no
be issued for development of the subject property unless the water district sewin1
23 the development determines that adequate water service and sewer facilities arc
continue to be available until time of occupancy. This note shall be placed on thc 24
available at the time of application for such water service and sewer permits wil
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, b
the following vote, to wit:
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I AYES: Chairperson Noble, Commissioners: Schlehuber, Betn
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
8 /I ABSTAIN: None.
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13 ATTEST:
CARLSBAD PLANNING COMMISSION
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16 PLANNING DIRECTOR
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