HomeMy WebLinkAbout1995-03-15; Planning Commission; Resolution 37534.
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PLANNING COMMISSION RESOLUTION NO. 3753
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAFUSBAD, CALIFORNIA, APPROVING
ON 5,000 SQUARE FOOT MINIMUM SIZED LOTS, ON
PROPERTY GENERALLY LOCATED NORTH OF THE
OF THE POINSETI’IA SHORES MASTER PLAN.
CASE NAME POINSETTIA SHORES - AREA “A-2”
CASE NO: CT 94-05
WHEREAS, a verified application has been filed with the City of C
CT 94-05 FOR 49 DETACHED SINGLE FAMILY HOMES
BATIQUITOS LAGOON WITHIN PLANNING AREA “A-2“
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 P:
Commission did on the 15th day of March, 1995, hold a public hearing on p
described as:
Lot 2 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 tes
and arguments, if any, of all persons desiring to be heard, said Commission considc
factors relating to CT 94-05.
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 Com~
APPROVES Carlsbad Tract CI’ 94-05, based on the following findin
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 (except as may be modified for affordable 1
incentives) and the State Subdivision Map Act.
3. The proposed project will not be detrimental to the health, safety or general
of persons residing or working in the vicinity, or injurious to propc
improvements in the vicinity, because the Tentative Tract Map (CT 94-10) m
applicable City standards and ordinances, all public facilities and services
provided; and adequate setbacks and buffers from adjacent planning areas ha
incorporated into the project design.
TENTATIVE MAP
4. The project is consistent with the City's General Plan since the proposed de:
4.7 du/acre is within the density range of 4-8 du/acre specified for the site
Residential-Medium (RM) designation as indicated on the Land Use Elemen
General Plan, and as designated by the Poinsettia Shores Master Plan.
5. The proposed project is compatible with the surrounding future land use
surrounding properties are designated for residential development on the (
Plan and in the Poinsettia Shores Master Plan.
6. The site is physically suitable for the type and density of the development si:
site is adequate in size and shape to accommodate market rate resj
development at the density proposed in compliance with all applicable stan
7. The proposed map and its design and improvements are consistent with the t
General Plan, Poinsettia Shores Master Plan (MP 175(D)), and with apl
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 confl'
easements of record or easements established by court judgement, acquired
public at large, for access through or use of property within the PI
subdivision.
9. That the property is not subject to a contract entered into pursuant to th
Conservation Act of 1965 (Williamson Act), in that; no such contract pertail
exists for the subject master plan property or planning area site.
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10. That the design of the subdivision provides, to the extent feasible, for future 1
or natural heating or cooling opportunities in the subdivision.
11. That the Planning Commission has considered, in connection with the 1
proposed by this subdivision, the housing needs of the region, and balance(
housing needs against the public service needs of the City and available fisc
environmental resources, in that; the project complies with all applicable fa
and financing plans to assure the balance of housing needs to the region I
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 Map 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 polic
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 t
the Project. In addition, the Project is conditioned such that a note E
placed on the final map that building permits may not be issued
Project unless the District Engineer determines that sewer service is av,
and building cannot occur within the project unless sewer service r
available, and the District Engineer is satisfied that the requiremenh
Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b. Statutory School fees will be paid, or the obligation of the existing !
Agreement shall be satisfied, to ensure the availability of school facil
the Carlsbad Unified School District. The Carlsbad Unified School 1
and the project applicant, Kaiza Poinsettia Corporation, have signed a
Facilities Funding and Mitigation Agreement, dated August 29, 1994,
that school facilities will be available to this project.
c. All necessary public improvements have been provided or will be reql
conditions of approval.
d. ']The applicant has agreed and is required by the inclusion of an appr
condition to pay a public facilities fee. Performance of that contr;
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
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e. Assurances have been given that adequate sewer for the project ’
provided by the City of Carlsbad.
f. Park in lieu fees have already been provided, allowing the appro1
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 adc
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI
availability of public facilities and will mitigate any cumulative impacts create(
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.
LANDSCAPING
16. The project is consistent with the City’s landscape policies as it has been cond
to comply with the requirements of the Landscape Manual.
COASTAL ZONE
17. That the proposed project is consistent with all applicable policies of th
Batiquitos segment of Carlsbad’s Local Coastal Program.
ENVIRONMENTAL
18. The Planning Commission finds that:
a) the Project is a Residential Project consistent with a Community P1;
Poinsettia Shores Master Plan) as described in Section 15183 of the
Guidelines;
b) the Project is consistent with the Poinsettia Shores Master Plan;
c) there was a Mitigated Negative Declaration approved in connection w
prior approval of the Poinsettia Shores Master Plan;
d) the Project has no new significant environmental effect not analy
significant in the prior Mitigated Negative Declaration;
l e) none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist.
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1 19. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the Poinsettia Shores Master Plan which are approF
2 this Subsequent Project have been incorporated into this Subsequent Projec
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1. Approval is granted for CT 94-05, as shown on Exhibits “A - “M”, dated Ma 5
MAPS AND EXHIBITS 4
Planninng Conditions:
2. Approval of CT 94-05 is granted subject to the approval of PUD 94-04. 9
architectural amendment process outlined in the Master Plan (p. 75). 8
conditions. Architectural amendments may be processed according
Development shall occur substantially as shown unless otherwise noted i~ 7
1995, incorporated by reference and on file in the Planning Depa: 6
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3. The developer shall provide the City with a reproducible 24” x 36” mylar cop!
Tentative Map as approved by the Planning Commission. The Tentative Mz
reflect the conditions of approval by the City. The Map copy shall be submi
improvement plan submittal, whichever occurs first. 12 the City Engineer and approved prior to building, grading, final m
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4. As part of the plans submitted for any permit plan check, the applicant shall i 14 a reduced, legible version of the approving resolution/resolutions on a 24’
15 blueline drawing. Said blueline drawing(s) shall also include a copy of any app
Coastal Development Permit and signed approved site plan.
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19 FACILITIES AND SERVICES/GROWTH MANAGEMENT
2o 6. The final map shall not be approved unless the City Council finds as of the t
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22 7. Building permits will not be issued for development of the subject property
the District Engineer determines that sewer facilities are available at the ti 23 application for such sewer permits and will continue to be available until t:
24 occupancy. A note to this effect shall be placed on the final map.
5. A 500’ scale mylar of the subdivision shall be submitted to the Planning D
prior to the recordation of the final map. Said map shall show all lots and
such approval that sewer service is available to serve the subdivision.
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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 J
1991) and as amended from time to time, and any development fees establis1
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 fat
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fee dated December 9, 1994, a copy of which is on file with the City Clerk
incorporated by this reference. If the fees are not paid this application will
consistent with the General Plan and approval for this project will be void.
9. The Developer shall provide proof of statutory school fees, or proof of com
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 E:
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 11,15
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.
GENERAL 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 b
permit for any buildable lot within the subdivision, the property owner shal
one-time special development tax in accordance with the City Council Resolutj
91-39”,
14. The developer shall display a current Zoning and Land Use Mag in the sale:
at all times, or suitable alternative to the satisfaction of the Planning Direct
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 b
permit issuance.
ONSITE CONDITIONS
16. All open space areas, slopes, and landscaped areas shall be maintained as 01
on the Landscape Exhibits (“K” - “M”) dated March 15, 1995.
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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 mag approv
18. The applicant shall establish a homeowner’s association and corresponding cov
conditions and restrictions. Said CC&Rs shall be submitted to and approvec
Planning Director prior to final map approval. The following items shall be ir
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 healt
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 private
(F) Maintenance and liability of all recreation areas, common areas, inc
trail segment; and common facilities including drainage facilities and (
19. At the time of recordation of final map, an open space easement shall be re
over that portion of the site which is designated for a pedestrian trail systl
conformance with the Poinsettia Shores Trails System) in its entirety to prohi’
encroachment or development other than that approved as part of the trail st
and related improvements as shown on Exhibits “D” and “M”, dated March 15
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 s
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 E
be completed subject to the provisions contained in Condition #14 of the Pli
Commission Resolution No. 3747 for SDP 94-03.
22. Per the master plan, occupancy of residential units will be granted only afl
adjacent trail segment (within Area A-2) is constructed and landscaped
satisfaction of the Planning Director.
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1 LANDSCAPING
2 23. The applicant shall prepare a detailed landscape and irrigation plan which I
submitted to and approved by the Planning Director prior to the approval of 3 or building plans, whichever occurs first.
4 24. All landscape and irrigation plans shall be prepared to conform with the La1
submitted per the landscape plan check procedures on file in the P
5 Manual and this project’s landscape exhibits (“K’ - “M”, dated March 15,19
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25. All landscaping shall comply with the landscape requirements of the Poi 7
Department.
26. All landscaped areas shall be maintained in a healthy and thriving conditic 9
Shores Master Plan and the City’s Landscape Manual. 8
from weeds, trash, and debris. 10
11 27. The applicant shall pay a landscape plan check and inspection fee as requ
Section 20.08.050 of the Carlsbad Municipal Code.
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29. Building identification and/or address shall be placed on all new and c 15
SIGNAGE AND IDENTIFICATION ’ 4
improvement plans and grading plans.
17 identification and/or address shall contrast to their background color.
buildings so as to be plainly visible from the street or access road; cc 16
28. The first set of landscape and irrigation plans submitted shall include buildinl
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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:
Exhibit “L and “M”, dated March 15,1995 and shall require review and appr
the Planning Director prior to installation of such signs. The detail on Exhil
depicting a Community Identity Sign is not part of this project
AFFORDABLE HOUSING
31. Prior to final map approval, Planning Area “D” - the master plan’s affo
housing site (CT 94-10) shall receive final map approval or approval of an (
Affordable Housing Agreement, consistent with the Poinsettia Shores Mastel
to the satisfaction of the City’s Planning Director and Community Develc
Director.
26 // COASTAL ZONE
27 11 32. Prior to approval of the final map for CT 94-05, the applicant shall receive a$
28 of a Coastal Development Permit issued by the California Coastal Commissic
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substantially conforms to this approval. A signed copy of the Coastal Develc
Permit must be submitted to the Planning Director. If the approval is sub&
different, an amendment to CT 94-05 shall be required.
Engineering Conditions:
33. This project is located within the West Batiquitos Lagoon Local Coastal Pla
development design shall comply with the requirements of that plan.
34. Unless a standards variance has been issued, no variance from City Stand
authorized by virtue of approval of this tentative map.
35. The applicant shall comply with all the rules, regulations and design requirem
the respective sewer and water agencies regarding services to the project.
36. The applicant shall be responsible for coordination with S.D.G.&E., Pacif
Telephone, and Cable TV authorities.
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.
38. The applicant shall provide an acceptable means for maintaining the 1
easements within the subdivision and all the private: streets, sidewalks, street
storm drain facilities and sewer facilities located therein and to distribute th
of such maintenance in an equitable manner among the owners of the pro
within the subdivision. Adequate provision for such maintenance shall be in
with the CC&Rs subject to the approval of the City Engineer prior to approval
final map.
39. A note to the effect of the following shall be placed on a non-mapping data SI
the final map. Improvements designated on the improvement plans fc
subdivision are private and are to be privately maintained.
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 associat
on commonly owned property) or the individual property owner (if on an indiv:
owned lot). An appropriately worded statement clearly identifying the respon
shall be placed in the CC&Rs.
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 ext
may be requested by the applicant. Said extension shall be approved or del
the discretion of the Planning Commission. In approving an extension, the P1’
Commission may impose new conditions and may revise existing conditions pu
to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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42. The applicant shall defend, indemnify and hold harmless the City and its
officers, and employees from any claim, action or proceeding against the Cii
agents, officers, or employees to attack, set aside, void or null an approval
City, the Planning Commission or City Engineer which has been brought aga.
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 Planner
Drainage Area fee or shall construct drainage systems in conformance with :
Drainage Plan and City of Carlsbad Standards as required by the City Engi~
44. Prior to approval of the final map, the applicant shall pay all current fe
deposits required.
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 ac
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 apprc
the final map, the applicant must submit and receive approval for grading p:
accordance with City codes and standards.
I 47. No grading shall occur outside the limits of the subdivision unless a grading 0:
easement is obtained from the owners of the affected properties. If the appli
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 tht
so grading will not occur outside the project site in a manner which substa
conforms to the approved tentative map as determined by the City Enginel
Planning Director.
I 48. Prior to hauling dirt or construction materials to or from any proposed constr
site within this project, the applicant shall submit to and receive approval fic
City Engineer for the proposed haul route. The applicant shall comply w
conditions and requirements the City Engineer may impose with regards 1
hauling operation.
49. The developer shall exercise special care during the construction phase of this I
to prevent offsite siltation. Planting and erosion control shall be provic
accordance with the Carlsbad Municipal Code and the City Engineer. Reft
Chapter 11.06.
50. Rain gutters must be provided to convey roof drainage to an approved dr;
course or street to the satisfaction of the City Engineer.
51. Additional drainage easements may be required. Drainage structures sh;
provided or installed prior to or concurrent with any grading or building pen
may be required by the City Engineer.
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52. The owner shall make an offer of dedication to the City for all public str
shall be made by a certificate on the final map. All land so offered shall be
easements required by these conditions or shown on the tentative map. ’I
to the City free and clear of all liens and encumbrances and without cost to 3
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Streets that are already public are not required to be rededicated.
overhead utilities within the subdivision boundary. The undergrounding
4 53. Prior to issuance of building permits, the applicant shall underground all
phased in accordance with construction phasing as approved by the City I
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and Planning Director.
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54. Direct access rights for all lots abutting Avenida Encinas and Windrose Cir
be waived on the final map.
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55. 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 approve
City Engineer prior to approval of the final map, issuance of grading or 1
permit, whichever occurs first.
56. 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 approva
final map for this project.
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57. Prior to occupancy of any unit within this project, the public improven
Avenida Encinas shown on City Drawing Number D-337-9 shall be complete1
construct Avenida Encinas.
satisfaction of the City Engineer. If the City Engineer determined a bus 1
19 and/or bus stop or stops are necessary, or desirable, developer shall redesign
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21 58. Street “0” at Avenida Encinas shall be gated for egress and emergency acce
22 59. Prior to final map approval, the design and functional operation of the gate il
“0” shall be approved by the City Engineer. 23
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The City shall have the right but not the obligation to enforce access restric
Street ‘rO”. Wording, to this effect, shall be approved by the City Engint
placed in the project’s CC&Rs. A note to this effect shall be placed on tt
26 II map.
27 60. Prior to final map approval, the applicant shall enter into a secured
Maintenance Agreement for the existing basin adjacent to and west of the R
28 development. The applicant shall maintain the basin, to the satisfaction oft
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Engineer, until all construction in the Master Plan area contributing drainag
basin is completed. The Basin Maintenance Agreement shall then turn o
maintenance obligation to the Master Homeowners Association. Notification
obligation shall be included in the Master Homeowners Association CC&R!
Fire Conditions:
61. Prior to the issuance of building permits, complete building plans shall be suk
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 operationa
to combustible building materials being located on the project site.
67. All private driveways shall be kept clear of parked vehicles at all times, ani
have posted “No ParkingEire Lane” pursuant to Section 17.04.020, Ca
Municipal Code. This provision shall be incorporated into the project’s CC,
68. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing sy
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 th
Department a map, showing the street network, conforming to the following CI.
* 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced c
* Maps shall include the following information: map (not a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations
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Carlsbad Municipal Water District Conditions:
70. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow demz
be met.
71. The developer shall be responsible for all fees, deposits and charges whicl
collected before and/or at the time of issuance of building permit. The Sa
County Water Authority capacity charge which will be collected at issr
application for meter installation.
72. This project is approved upon the express condition that building permits wi,
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are a
at the time of application for such water service and sewer permits will con
be available until time of occupancy. This note shall be placed on the fina
73. Sequentially, the developers engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire pr.
requirements.
b. Prepare a colored reclaimed water use area map and submit to the P
Department for processing and approval.
c. Schedule a meeting with the District Engineer for review, commt
approval of the preliminary system layout usage (G.P.M. - D.D.U.) 1
potable, reclaimed and sewer systems prior to the preparai
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 2:
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PASSED, APPROVED, AND ADOPTED at a regular meetin,
Planning Commission of the City of Carlsbad, held on the 15th day of March, 19s
following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, Noble, and Savary.
NOES: None.
1 ABSENT: None.
ABSTAIN None.
ATTEST
HONS, Chairperson
CARLSBAD PUNNINGCOMh
MICHAEL J. H~LZM~LLER
Planning Director
PC RES0 NO. 3753 -14-