HomeMy WebLinkAbout1995-03-15; Planning Commission; Resolution 3751*,
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PLANNING COMMISSION RESOLUTION NO. 3751
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
QN 5,000 SQUARE FOOT MINIMUM SIZED LOTS, ON
PROPERTY GENERALLY LOCATED NORTH OF THE
OF THE POINSETTIA SHORES MASTER PLAN.
CASE NAME POINSETI’IA SHORES - AREA “A-1”
CASE NO: CT 94-04
WHEREAS, a verified application has been filed with the City of Cz
CT 94-04 FOR 36 DETACHED SINGLE FAMILY HOMES
BATIQUITOS LAGOON WITHIN PLANNING AREA “A-1’’
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Te
Tract Map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P1;
Commission did on the 15th day of March, 1995, hold a public hearing on pr
described as:
Lot 1 of Carlsbad Tract 94-01, in the City of Carlsbad, County
of San Diego, State of California, according to Map No. 13181,
filed in the office of the San Diego County Recorder.
WHEREAS, at said public hearing, upon hearing and considering all test
and arguments, if any, of all persons desiring to be heard, said Commission considel
factors relating to CT 94-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Carlsbad Tract CT 94-04, based on the following findinl
subject to the following conditions:
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Findings:
GENERAL
1. The proposed project implements the Poinsettia Shores Master Plan (MP 1’
2. The Tentative Tract Map satisfies all requirements of Title 20 and 21
Carlsbad Municipal Code and the State Subdivision Mag Act.
3. The proposed project will not be detrimental to the health, safety or general I
of persons residing or working in the vicinity, or injurious tO prope
improvements in the vicinity, because the Tentative Tract Map (CT 94-04) mc
applicable City standards and ordinances, all public facilities and services
provided; and adequate setbacks and buffers from adjacent planning areas ha1
incorporated into the project design,
TENTATIVE MAP
4. The project is consistent with the City’s General Plan since the proposed den
43 du/acre is within the density range of 4-8 du/acre specified for the site j
Residential-Medium (RM) designation as indicated on the Land Use Element
General Plan, and as designated by the Poinsettia Shores Master Plan.
5. The proposed project is compatible with the surrounding future land use2
surrounding properties are designated for residential development on the G
Plan and in the Poinsettia Shores Master Plan.
6. The site is physically suitable for the type and density of the development sin
site is adequate in size and shape to accommodate market rate resic
development at the density proposed in compliance with all applicable stand
7. The proposed map and its design and improvements are consistent with the er
General Plan, Poinsettia Shores Master Plan (MP 175(D)), and with appl
provisions of Title 21, including but not be limited to, Chapters 2138, 21.44,
and 21.90.
8. That the design of the subdivision or the type of improvements will not conflic
easements of record or easements established by court judgement, acquired
public at large, for access through or use of property within the pr(
subdivision.
9. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act), in that; no such contract pertains
exists for the subject master plan property or planning area site.
10. That the design of the subdivision provides, to the extent feasible, for future p
or natural heating or cooling opportunities in the subdivision.
PC RES0 NO. 3751 -2-
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11. That the Planning Commission has considered, in connection with the I
proposed by this subdivision, the housing needs of the region, and balance
housing needs against the public service needs of the City and available fis,
environmental resources, in that; the project complies with all applicable fr
and financing plans to assure the balance of housing needs to the region
public services availability without impacting environmental resources.
12. That the proposed map meets and performs all of the requirements and con
of Title 20 and the Subdivision Mag Act as all necessary design, dedic
improvements and agreements necessary to secure adequate infrastructu
facilities to allow the proposed development have been secured or hav
conditioned to the satisfaction of the City Engineer.
GROWTH MANAGEMENT
13. The project is consistent with the City-Wide Facilities and Improvements P1;
applicable local facilities management plan, and all City public facility polici
ordinances since:
a, The project has been conditioned to ensure that the final map will
approved unless the City Council finds that sewer service is available tc
the Project. In addition, the Project is conditioned such that a note sl
placed on the final map that building permits may not be issued i
Project unless the District Engineer determines that sewer service is avE
and building cannot occur within the project unless sewer service re
available, and the District Engineer is satisfied that the requirements
Public Facilities Element of the General Plan have been met insofar 2
apply to sewer service for this project.
b. Statutory School fees will be paid, or the obligation of the existing S
Agreement shall be satisfied, to ensure the availability of school facili
the Carlsbad Unified School District. The Carlsbad Unified School L
and the project applicant, Kaiza Poinsettia Corporation, have signed a !
Facilities Funding and Mitigation Agreement, dated August 29, 1994, s
that school facilities will be available to this project.
c. All necessary public improvements have been provided or will be requi
conditions of approval.
d. The applicant has agreed and is required by the inclusion of an appro
condition to pay a public facilities fee. Performance of that contrar
payment of the fee will enable this body to find that public facilities v
available concurrent with need as required by the General Plan.
e. Assurances have been given that adequate sewer for the project w
provided by the City of Carlsbad.
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f. Bark in lieu fees have already been provided, allowing the approF
development of' this planning area.
14. The applicant is by condition, required to pay any increase in public facility
new construction tax, or development fees, and has agreed to abide by any ad(
requirements established by a Local Facilities Management Plan prepared pi
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co1
availability of public facilities and will mitigate any cumulative impacts created
project.
15. This project is consistent with the City's Growth Management Ordinance a
been conditioned to comply with any requirement approved as part of the
Facilities Management Plan for Zone 9.
9 LANDSCAPING ' o 16. The project is consistent with the City's landscape policies as it has been condi
11 to comply with the requirements of the Landscape Manual.
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COASTAL ZONE
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1'7. That the proposed project is consistent with all applicable policies of the
Batiquitos segment of Carlsbad's Local Coastal Program.
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18. The Planning Commission finds that: 16
ENVIRONMENTAL
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a) the Project is a Residential Project consistent with a Community Pla
Poinsettia Shores Master Plan) as described in Section 15183 of the C
Guidelines;
b) the Project is consistent with the Poinsettia Shores Master Plan;
c) there was a Mitigated Negative Declaration approved in connection wi
prior approval of the Poinsettia Shores Master Plan;
d) the Project has no new significant environmental effect not analyz
significant in the prior Mitigated Negative Declaration;
e) none of the circumstances requiring Subsequent or Supplemental EIR 1
CEQA Guidelines Sections 15162 or 15163 exist.
19. The Planning Commission finds that all feasible mitigation measures or p
alternatives identified in the Poinsettia Shores Master Plan which are appropri
this Subsequent Project have been incorporated into this Subsequent Project.
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1 PlanninP Conditions:
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I. Approval is granted for CT 94-04, as shown on Exhibits “A” - “K’, dated Ma 3
MAPS AND EXHIBITS
11995, incorporated by reference and on file in the Planning Depa:
Development shall occur substantially as shown unless otherwise noted il
architectural amendment process outlined in the Master Plan (p. 75).
5 conditions. Architectural amendments may be processed according I
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7 2. Approval of CT 94-04 is granted subject to the approval of PUD 94-03.
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3. The developer shall provide the City with a reproducible 24” x 36” mylar copy
Tentative Map as approved by the Planning Commission. The Tentative Ma
reflect the conditions of approval by the City. The Map copy shall be submi
the City Engineer and approved prior to building, grading, final m
improvement plan submittal, whichever occurs first.
4. As part of the plans submitted for any permit plan check, the applicant shall i
a reduced, legible version of the approving resolution/resolutions on a 24”
blueline drawing. Said blueline drawing(s) shall also include a copy of any app
Coastal Development Permit and signed approved site plan.
14 5. A 500’ scale mylar of the subdivision shall be submitted to the Planning D
15 prior to the recordation of the final map. Said map shall show all lots and
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within and adjacent to the project.
FACILITIES AND SERVICES/GROWTH MANAGEMENT
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6. The final map shall not be approved unless the City Council finds as of the ti
such approval that sewer service is available to serve the subdivision.
7. Building permits shall not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the ti
application for such sewer permits and will continue to be available until ti
occupancy. A note to this effect shall be placed on the final map.
8. This project is also approved under the express condition that the applicant p
public facilities fee adopted by the City Council on July 28, 1987 (amended i
1991) and as amended from time to time, and any development fees establisl
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or
ordinance adopted to implement a growth management system of facilitie
improvement plan and to fulfill the subdivider’s agreement to pay the public fa(
fee dated December 9, 1994, a copy of which is on file with the City Clerk i
incorporated by this reference. If the fees are not paid this application will I
consistent with the General Plan and approval for this project will be void.
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9. The Developer shall provide proof of statutory school fees, or proof of coml
with the School Facilities Funding and Mitigation Agreement as signed
Carlsbad Unified School District and project applicant Kaiza Poinsettia Corpc
dated August 29,1994, to mitigate conditions of overcrowding as part of the b
permit application. The amount of these fees shall be determined by 1
schedule in effect at the time of building permit application, unless the signed
Agreement is adequately mitigating school facilities impacts.
10. Water shall be provided by the Carlsbad Municipal Water District.
11. This project shall comply with all conditions and mitigation required by the :
Local Facilities Management Plan approved by the City Council on July 11,lS
amended on January 4, 1994, incorporated herein and on file in the PI
Department and any future amendments to the Plan made prior to the issu;
building permits.
PLANNINGLEGAL CONDITIONS
12. If any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed by
this project are challenged this approval shall be suspended as provi
Government Code Section 66020. If any such condition is determined to be
this approval shall be invalid unless the City Council determines that the
without the condition complies with all requirements of law.
13. The following note shall be placed on the Final Map. “Prior to issuance of a t
permit for any buildable lot within the subdivision, the property owner shal
one-time special development tax in accordance with the City Council Resolut
91-39”.
14. The developer shall display a current Zoning and Land Use Map in the sale
at all times, or suitable alternative to the satisfaction of the Planning Direcl
15. Approval of this request shall not excuse compliance with all sections of the
Ordinance and all other applicable City ordinances in effect at time of k
permit issuance.
ONSITE CONDITIONS
16. All open space areas, slopes, and landscaped areas shall be maintained as a
on the Landscape Exhibits (“I” - “K) dated March 15, 1995.
17. The applicant shall submit a street name list consistent with the City’s stree
policy subject to the Planning Director’s approval prior to final map approc
18. The applicant shall establish a homeowner’s association and corresponding eo\
conditions and restrictions. Said CC&Rs shall be submitted to and approvec
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Planning Director prior to final map approval. The following items shall be in
in the CC&Rs:
(A) No private development shall be permitted within open space areas, ea
areas or recreational areas.
(B) All open space and landscaped areas shall be maintained in a heal1
thriving condition, free from weeds, trash, and debris.
(C) A provision stating the City’s right but not obligation to enforce the C
(D) Any amendments to the CC&Rs shall be subject to the review and a]
of the Planning Director and City Attorney.
(E) Guest parking only is allowed on both sides of the 36 foot wide privatt
(F) Maintenance and liability of all recreation areas, common areas in’
trail segment; and common facilities including drainage facilities and t
19. At the time of recordation of final map, an open space easement shall be r(
over that portion of the site which is designated for a pedestrian trail sysl
conformance with the Poinsettia Shores Trails System) in its entirety to prohi
encroachment or development other than that approved as part of the trail s
and related improvements as shown on Exhibits “C” and “J”, dated March l!
Additional trail amenities (water features, benches, etc.) may be added
satisfaction of the Planning Director.
20. Prior to final map approval, an exterior lighting plan including parking areas I
submitted for Planning Director approval. All lighting shall be designed to
downward and avoid any impacts on adjacent homes or property.
21. Prior to occupancy of the dwelling units within the subject planning area, the
plan recreation center (Area M) and recreational vehicle storage area (Area 1
be completed subject to the provisions contained in Condition #14 of the PI
Commission Resolution No. 3747 for SDP 94-03.
22, Per the master plan, occupancy of residential units will be granted only ai
adjacent trail segment (within Area A-1) is constructed and landscaped
satisfaction of the Planning Director.
LANDSCAPING
23. The applicant shall prepare a detailed landscape and irrigation plan which !
submitted to and approved by the Planning Director prior to the approval of
or building plans, whichever occurs first.
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24. All landscape and imgation plans shall be prepared to conform with the Lan
Manual and this project’s landscape exhibits (“J” and “K’, dated March 15
and submitted per the landscape plan check procedures on file in the P:
Department.
25. All landscaping shall comply with the landscape requirements of the Poi
Shores Master Plan and the City’s Landscape Manual.
26. All landscaped areas shall be maintained in a healthy and thriving conditic
from weeds, trash, and debris.
27. The applicant shall pay a landscape plan check and inspection fee as requ
Section 20.08.050 of the Carlsbad Municipal Code.
28. The first set of landscape and irrigation plans submitted shall include buildin1
improvement plans and grading plans.
SIGNAGE AND IDENTIFICATION
29. Building identification and/or address shall be placed on all new and (
buildings so as to be plainly visible from the street or access road; CI
identification and/or address shall contrast to their background color.
30. Any signs proposed for this development shall at a minimum be desig
conformance with the City’s Sign Ordinance, the Poinsettia Shores Master PI,
Exhibits “J” and “K, dated March 15, 1995 and shall require review and a]
of the Planning Director prior to installation of such signs.
AFFORDABLE HOUSING
31. Prior to final map approval, Planning Area “D” - the master plan’s am
housing site (CT 94-10) shall receive final map approval or approval of an
Affordable Housing Agreement, consistent with the Poinsettia Shores Maste
to the satisfaction of the City’s Planning Director and Community Devel1
Director.
COASTAL ZONE
32. Prior to approval of the final map for CT 94-04, the applicant shall receive a]
of a Coastal Development Permit issued by the California Coastal Commissi
substantially conforms to this approval. A signed copy of the Coastal Devel
Permit must be submitted to the Planning Director. If the approval is subst,
different, an amendment to CT 94-04 shall be required.
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1 Engineering Conditions:
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33. This project is located within the West Batiquitos Lagoon Local Coastal PI;
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the respective sewer and water agencies regarding services to the project. 6
36. The applicant shall be responsible for coordination with S.D.G.&E., Pacii
development design shall comply with the requirements of that plan.
34. Unless a standards variance has been issued, no variance from City Stanc
authorized by virtue of approval of this tentative map.
35. The applicant shall comply with all the rules, regulations and design requiren
a Telephone, and Cable TV authorities.
9 37. If the applicant chooses to construct out of phase, the new phasing must be re
and approved by the City Engineer and Planning Director. 10
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38. The applicant shall provide an acceptable means for maintaining the
easements within the subdivision and all the private: streets, sidewalks, stree
storm drain facilities and sewer facilities located therein and to distribute t€
of such maintenance in an equitable manner among the owners of the prc
within the subdivision. Adequate provision for such maintenance shall be iI
with the CC&Rs subject to the approval of the City Engineer prior to approva
final mag.
39. A note to the effect of the following shall be placed on a non-mapping data s
the final map. Improvements designated on the improvement plans f
subdivision are private and are to be privately maintained.
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A note shall be placed on the improvement plans stating which utilities are
and which are private.
40. All concrete terrace drains shall be maintained by the homeowner’s associa
owned lot). An appropriately worded statement clearly identi@ing the respor
shall be placed in the CC&Rs.
20 on commonly owned property) or the individual property owner (if on an indix
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41. Approval of this tentative tract map shall expire twenty-four (24) months frc
date of Planning Commission approval unless a final.map is recorded. An exl
may be requested by the applicant. Said extension shall be approved or de:
the discretion of the Planning Commission. In approving an extension, the PI
Commission may impose new conditions and may revise existing conditions PI
to Section 20.12.110(a)(2) Carlsbad Municipal Code.
42. The applicant shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the Cit
agents, officers, or employees to attack, set aside, void or null an approval
City, the Planning Commission or City Engineer which has been brought agaj
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City within the time period provided for by Section 66499.37 of the Subdivisic
Act.
43. Prior to approval of the final map, the applicant shall pay the current Planna
Drainage Area fee or shall construct drainage systems in conformance with
Drainage Plan and City of Carlsbad Standards as required by the City Engil
44. Prior to approval of the final map, the applicant shall pay all current fe
deposits required.
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45. Prior to approval of the final map, the owner of the subject property shall t
an agreement holding the City harmless regarding drainage across the a1
property.
46. Based upon a review of the proposed grading and the grading quantities shc
the tentative map, a grading permit for this project is required. Prior to app~
the final map, the applicant must submit and receive approval for grading F
accordance with City codes and standards.
47. No grading shall occur outside the limits of the subdivision unless a grading c
easement is obtained from the owners of the affected properties. If the appl
unable to obtain the grading or slope easement, no grading permit will be
In that case the applicant must either amend the tentative map or modify th
so grading will not occur outside the project site in a manner which subst
conforms to the approved tentative map as determined by the City Enginc
Planning Director.
48. Prior to hauling dirt or construction materials to or from any proposed consf
site within this project, the applicant shall submit to and receive approval fi
City Engineer for the proposed haul route. The applicant shall comply \
conditions and requirements the City Engineer may impose with regards
hauling operation.
49. The developer shall exercise special care during the construction phase of this
to prevent offsite siltation. Planting and erosion control shall be prov
accordance with the Carlsbad Municipal Code and the City Engineer. Re
Chapter 11.06.
50. Rain gutters must be provided to convey roof drainage to an approved d
course or street to the satisfaction of the City Engineer.
51. Additional drainage easements may be required. Drainage structures s
provided or installed prior to or concurrent with any grading or building pe
may be required by the City Engineer.
52. The owner shall make an offer of dedication to the City for all public stre
easements required by these conditions or shown on the tentative mag. TI
shall be made by a certificate on the final map. All land so offered shall be 1
PC RES0 NO. 3751 -10-
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53.
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to the City free and clear of all liens and encumbrances and without cost to 1
Streets that are already public are not required to be rededicated.
Prior to issuance of building permits, the applicant shall underground all
overhead utilities within the subdivision boundary. The undergrounding
phased in accordance with construction phasing as approved by the City E
and Planning Director.
Direct access rights for all lots abutting Avenida Encinas and Windrose Cir
be waived on the final map.
The applicant shall comply with the City’s requirements of the National E
Discharge Elimination System (NPDES) permit. The applicant shall pro\
management practices to reduce surface pollutants to an acceptable level
discharge to sensitive areas. Plans for such improvements shall be approvec
City Engineer prior to approval of the final map, issuance of grading or 1
permit, whichever occurs first.
Prior to approval of the final map, the design of all private streets and c
systems shall be approved by the City Engineer. The structural section of all
streets shall conform to City of Carlsbad Standards based on R-value te:
private streets and drainage systems shall be inspected by the City. The s
improvement plan check and inspection fees shall be paid prior to approvz
final map for this project.
Prior to occupancy of any unit within this project, the public improven
Avenida Encinas shown on City Drawing Number D-337-9 shall be complete
satisfaction of the City Engineer. If the City Engineer determined a bus
and/or bus stop or stops are necessary or desirable, developer shall redesigr
construct Avenida Encinas.
Street “I” at Avenida Encinas shall be gated for egress and emergency acce
Prior to final map approval, the design and functional operation of the gate i.
“I” shall be approved by the City Engineer.
The City shall have the right but not the obligation to enforce access restric
Street ‘$1’’. Wording, to this effect, shall be approved by the City Engineer ant
in the project’s CC&Rs. A note to this effect shall be placed on the final n
Prior to final map approval, the applicant shall enter into a securec
Maintenance Agreement for the existing basin adjacent to and west of the I;
Development. The applicant shall maintain the basin, to the satisfaction of
Engineer, until all construction in the Master Plan area contributing drainaj
basin is completed. The Basin Maintenance Agreement shall then turn (
maintenance obligation to the Master Homeowners Association. Notificatiol
obligation shall be included in the Master Homeowners Association CC&R
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Fire Conditions:
61. Prior to the issuance of building permits, complete building plans shall be sul
to and approved by the Fire Department.
62. Additional onsite public hydrants may be required.
63. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing hydrants.
64. Applicant shall submit a site plan to the Fire Department for approval of
driveways and general traffic circulation.
65. An all-weather access road shall serve the project during construction.
66. All required fire hydrants, water mains and appurtenances shall be operation;
to combustible building materials being located on the project site.
67. All private driveways shall be kept clear of parked vehicles at all times, an
have posted “No Parking/Fire Lane” pursuant to Section 17.04.020, C
Municipal Code. This provision shall be incorporated into the project’s CC
68. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing q
automatic sprinklers, and other systems pertinent to the project shall be sub
to the Fire Department for approval prior to construction.
69. Prior to submittal of water improvement plans, the applicant shall submit to tl
Department a map, showing the street network, conforming to the following c
* 400’ scale
* At least two existing streets and/or intersections shall be referenced
* Photo reduction on mylar
* Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations
Carlsbad Municipal Water District Conditions:
70. The entire potable water system, reclaimed water system and sewer system s:
evaluated in detail to ensure that adequate capacity, pressure and flow deman
be met.
71. The developer shall be responsible for a11 fees, deposits and charges which 3
collected before and/or at the time of issuance of building permit. The San
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County Water Authority capacity charge which will be collected at issuz
application for meter installation.
72. This project is approved upon the express condition that building permits wil:
issued for development of the subject property unless the water district sen
development determines that adequate water service and sewer facilities are a’
at the time of application for such water service and sewer permits will coni
be available until time of occupancy. This note shall be placed on the final
73. Sequentially, the developers engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire pra
requirements.
b. Prepare a colored reclaimed water use area map and submit to the PI
Department for processing and approval.
c. Schedule a meeting with the District Engineer for review, comme
approval of the preliminary system layout usage (G.P.M. - D.D.U.) p
potable, reclaimed and sewer systems prior to the preparati
improvement plans.
57. The developer shall adhere to all conditions as set forth in the Water Di
approved potable water, sewer and reclaimed systems analysis dated March 21
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, held on the 15th day of March, 1991
following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, Noble, and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
KIM WkLSHONS, Chairperson
CARLSBAD PLANNING COMA!
ATTEST:
MICHAEL J. HXZMIYLER
Planning Director
PC RES0 NO. 3751 -14-