HomeMy WebLinkAbout1995-05-03; Planning Commission; Resolution 3769”- ..
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PLANNING COMMISSION RESOLUTION NO. 3769
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
CONSISTING OF ONE PRIVATE STREET LOT, ONE
OPEN SPACE LOT AND 50 RESIDENTIAL LOTS TO
ACCOMMODATE 50 DETACHED SINGLE FAMILY
HOMES ON 5,000 SQUARE FOOT MINIMUM SIZED
LOTS, ON PROPERTY GENERALLY LOCATED NORTH
OF THE BATIQUITOS LAGOON WITHIN PLANNING
AREA “A-3” OF THE POINSETTTA SHORES MASTER
PLAN.
CASE NAME POINSETI’IA SHORES - AREA “A-3”
CASE NO: CT 94-06
WHEREAS, a verified application has been filed with the City of C,
TRACT MAP, CT 94-06, FOR A 52 LOT SUBDIVISION
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Tract Map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 14
WHEREAS, said verified application constitutes a request for a Te
and referred to the Planning Commission; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
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Commission did on the 3rd day of May, 1995, hold a public hearing on property des
as:
Lot 3 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.
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Commission of the City of Carlsbad as follows: 25
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 94-06.
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
RECOMMENDS APPROVAL of Carlsbad Tract 0’ 94-06, based o
following findings and subject to the following conditions: 11
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1 Findings:
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1. The Planning Commission has reviewed the exactions imposed on the De
contained in this resolution, and hereby finds that the exactions are imp(
mitigate impacts caused by or in reasonably related to the project, and the
and the degree of the exaction is in rough proportionality to the impact cal
the project.
Tentative Mar,
2. That the proposed map and the proposed design and improvement of the subc
as conditioned, is consistent with and satisfies all requirements of the Gener;
the Poinsettia Shores Master Plan, Titles 20 and 21 of the Carlsbad Municipal
and the State Subdivision Map Act, and will not cause serious public
problems, in that all required public improvements will be provided, all ne1
facilities and services will be available, and all applicable City standards
applied and enforced to promote public health, safety and welfare.
3. That the proposed project is compatible with the surrounding future land use
surrounding properties are designated for residential development on the C
Plan, in that the subject planning area and surrounding planning are
designated for Residential-Medium (RM) development which allows 4-8 dl
units per acre. Planning Area “A-3” proposes an allowable density of 4.7 du I
16 4. That the site is physically suitable for the type and density of the developmen
density proposed, in that all applicable City and Master Plan standards and 17
the site is adequate in size and shape to accommodate residential developmenl
18 guidelines are accommodated by the subject planning area site and proposed 1:
19 5. That the design of the subdivision or the type of improvements will not confli
easements of record or easements established by court judgment, or acquired
in that the Master Plan and buildout of individual planning areas has been de 20
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public at large, for access through or use of property within the proposed subdi
and structured so that no conflicts with any easements will occur.
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6. 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 pertain
exists for the subject master plan property or planning area site.
7. That the design of the subdivision provides, to the extent feasible, for future 1
or natural heating or cooling opportunities in the subdivision, in that PI
building orientation and placement, in combination with the proposed va?
floor plan types and dominant wind/solar radiation patterns, will allow utili
of natural heating and cooling opportunities.
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8. That the Planning Commission has considered, in connection with the
proposed by this subdivision, the housing needs of the region, and balana
housing needs against the public service needs of the City and available fi:
environmental resources, in that the project complies with all applicable facili
financing plans to assure the balance of housing needs in the region agains
services availability without impacting environmental resources.
9. That the design of the subdivision and improvements are not likely t
substantial environmental damage nor substantially and avoidably injure
wildlife or their habitat, in that previous environmental analysis and
associated with the Master Plan and master tentative map have documented '
of any significant impacts to fish, wildlife or their respective habitats creater
buildout of the Master Plan.
10. That the discharge of waste from the subdivision will not result in viol;
existing California Regional Water Quality Control Board requirements, in
drainage requirements of the Master Plan at buildout have been considel
appropriate drainage facilities have been designed and secured. In addition
Engineering standards and compliance with the City's Master Drainag
National Pollutant Discharge Elimination System (NPDES) standards
satisfied to prevent any discharge violations.
Growth Manapement
11. The Project is consistent with the City-Wide Facilities and Improvements PI
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 1
the Project. In addition, the Project is conditioned such that a note 5
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 requiremenb
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 obligations of the existing b
Agreement will be satisfied, to ensure the availability of school facilitie!
Carlsbad Unified School District. The Carlsbad Unified School Distr
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 are requi
i conditions of approval.
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d) The developer has agreed and is required by the inclusion of an apF
condition to pay a public facilities fee. Performance of that cont
payment of the fee will enable this body to find that public facilitie
available concurrent with need as required by the General Plan.
e) Park in lieu fees have already been provided, allowing the apprc
development of this planning area.
12. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ac
requirements established by a Local Facilities Management Plan prepared 1
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cx
availability of public facilities and will mitigate any cumulative impacts create
project.
13. This project has been conditioned to comply with any requirement approve(
of the Local Facilities Management Plan for Zone 9.
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Landscaping
14. That the project is consistent with the City’s Landscape Manual, adopted by
13 Council by incorporation by reference in Carlsbad Municipal Code Section 14
14 Local Coastal Program Consistency ’ !5 15. That the proposed project is consistent with all applicable policies of tl
16 Batiquitos segment of Carlsbad’s Local Coastal Program in that the gropos
use, density and detached single family product type is consistent with LCP 1
17 designations for the subject planning area. ’ 8 Environmental
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18. The Planning Commission finds that:
a) the project is a Residential Project consistent with a Community PI 21 Poinsettia Shores Master Plan) as described in Section 15183 of the
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c) there were Mitigated Negative Declarations approved in connection F 24
b) the Project is consistent with the Poinsettia Shores Master Plan;
prior approval of the Poinsettia Shores Master Plan;
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d) the Project has no new significant environmental effect not anal!
significant in the prior Mitigated Negative Declarations prepared 1
175(D) and CT 94-01 as noticed on August 12, 1993 and May 9
respectively; and
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e) none of the circumstances requiring Subsequent or Supplemental E1
CEQA Guidelines Sections 15162 or 15163 exist.
19. The Planning Commission finds that all feasible mitigation measures 01
alternatives identified in the Mitigated Negative Declarations which are apg
to this Subsequent Project have been incorporated into this Subsequent PI
Planning Conditions:
Approval
1. The Planning Commission does hereby recommend approval of the Tentati
Map for the Poinsettia Shores Project entitled “Planning Area A-3”, dated
1995, (Exhibits “A” - “O”, dated May 3,1995, incorporated by this reference)
to the conditions herein set forth. Staff is authorized and directed to 1
require the Developer to make all corrections and modifications to the
exhibits and/or documents, as necessary to make them internally consisl
conform to City Council’s final action on the project. Development shz
substantially as shown on the approved exhibits. The tentative map exhi
intended to be the basis for substantial conformance with regards to the desi
of specific floor plan types per lots. Any proposed development subs
different from this approval, shall require an amendment to this a
Architectural amendments may be processed according to the archi
amendment process outlined in the Master Plan (p. 75).
2. If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have 1
to revoke or modify all approvals herein granted, deny or further condition :
of all future building permits, deny, revoke or further condition all certifil
occupancy issued under the authority of approvals herein granted, institl
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a SUCCI
interest by the City’s approval of this Tentative Subdivision Map.
3. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
Maps and Exhibits
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop
Tentative Map as approved by the Planning Commission. The Tentative Mi
reflect the conditions of approval by the City. The map copy shall be subm
the City Engineer and approved prior to building, grading, final II
improvement plan submittal, whichever occurs first.
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1 5. The Developer shall provide the Planning Director with a 500’ scale myl:
subdivision prior to the recordation of the final map. Said map shall show
2 and streets within and adjacent to the Project.
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6. The Developer shall include, as part of the plans submitted for any per:
check, a reduced, legible version of the approving resolutions on a 24” x 36”
drawing. Said blueline drawings shall also include a copy of any applicable
5 Development Permit and signed approved site plan.
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occupancy. A note to this effect shall be placed on the final map.
the District Engineer determines that sewer facilities are available at the 8. Building permits will not be issued for development of the subject propert g
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7. The final map shall not be approved unless the City Council finds as of the 7
Facilities & Services
such approval that sewer service is available to serve the subdivision.
10 application for such sewer permits and will continue to be available until
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9. The Developer shall pay the public facilities fee adopted by the City Counci:
28, 1987 (amended July 2, 1991) and as amended from time to time,
development fees established by the City Council pursuant to Chapter 21.9
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the sub<
agreement to pay the public facilities fee dated December 9, 1994, a copy c
is on file with the City Clerk and is incorporated by this reference. If the :
not paid this application will not be consistent with the General Plan and a
for this project will be void.
10. This Project shall comply with all conditions and mitigation measures wl
required as part of the Zone 9 Local Facilities Management Plan a
amendments made to that Plan prior to the issuance of building permits, in
but not limited to the Zone 9 LFMP Amendment (LFMP 87-09(A)) that was
to the approval of the Poinsettia Shores Master Plan and the Zone 9 Finar
as approved on September 6,1994.
General Conditions
11. If any condition for construction of any public improvements or facilities:
payment of any fees in lieu thereof, imposed by this approval or imposed bq
this residential housing project are challenged this approval shall be suspe:
provided in Government Code Section 66020. If any such condition is detc
to be invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
27 ll 12. Approval of CI’ 94-06 is granted subject to the approval of PUD 94-05.
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13. The Developer shall establish a homeowner’s association and corresp
covenants, conditions and restrictions. Said CC&Rs shall be submitted
approved by the Planning Director prior to final map approval. The CC&R;
incorporate the following items:
(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.
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(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]
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(E) Guest parking only is allowed on both sides of the 36 foot wide privatc 10
of the Planning Director and City Attorney.
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(F) Maintenance and liability of all recreation areas, common areas in
trail segment; and common facilities including drainage facilities and t
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(G) The provisions required by Condition Nos. 32, 33, 49 and 50
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14. An exterior lighting plan including parking areas shall be submitted for P 16 Director approval prior to the approval of the final map. All lighting I 17 designed to reflect downward and avoid any impacts on adjacent homes or p: ’ 8 15. Prior to occupancy of the dwelling units within the subject planning area, the
shall be completed subject to the provisions contained in Condition #14 of P
resolution.
Specific Onsite Conditions
19 plan recreation center (Area “M) and recreational vehicle storage area (AI
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Landscape 21
Commission Resolution Number 3747 for SDP 94-03.
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16. The Developer shall prepare a detailed landscape and irrigation plan in confc
with the approved Preliminary Landscape Plans (Exhibits “L - “0” dated
1995), the landscape guidelines of the Poinsettia Shores Master Plan, and tl
Landscape Manual. The plans shall be submitted to and approval obtained i
Planning Director prior to the approval of the final map, grading permit, or
permit, whichever occurs first. The Developer shall construct and in
landscaping as shown on the approved plans, and maintain all landscap
healthy and thriving condition, free from weeds, trash, and debris.
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17. The first submittal of detailed landscape and irrigation plans shall be accon
by the project’s building, improvement, and grading plans.
Signs and Identification
18. Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
Miscellaneous Planning Conditions
19. 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
20. All sales maps that are distributed or made available to the public shall inch
not be limited to trails, future and existing schools, parks, and streets.
Outside Agency Permits
21. Prior to approval of the final map for CT 94-06, the Developer shall receive ai
of a Coastal Development Permit that substantially conforms to this appro
signed copy of the Coastal Development Permit must be submitted to the PI
Director. If the approval is substantially different, an amendment to Tentativl
Map CT 94-06 shall be required.
Affordable Housing
22. Prior to the approval of the final map for any phase of this Project, the Der
shall enter into an Affordable Housing Agreement with the City to provide an
restrict 90 dwelling units as affordable to lower-income households for the use
of the dwelling units either in Planning Area D of the Master Plan (CT 94-10:
offsite location to the satisfaction of the Community Development Direcl
accordance with the requirements and process set forth in Chapter 21.85
Carlsbad Municipal Code and the Poinsettia Shores Master Plan. The rec
Affordable Housing Agreement shall be binding on all future owners and sua
in interest.
Open Space and Trails
23. Prior to approval of the final map, the Developer shall dedicate as permanen
space for pedestrian access purposes a trail easement for trails shown c
Tentative Map within Open Space Lots 9 and 51 in conformance with Exhibit
Poinsettia Shores Master Plan pages 24-33. Trail maintenance and li
provisions are outlined on the project’s landscape exhibit cover sheet, Exhibi
“E” and ULYJ - “0” and the Poinsettia Shores Trails System as described
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~ .- 1 24. Per the master plan, occupancy of residential units will be granted only al
to be the basis for substantial conformance with regards to the pedestriz
adjacent trail segment (within Area “A-3”) is constructed and landscaped
location and alignment,
2 satisfaction of the Planning Director. The project’s landscape exhibits are ir
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4 25. All open space areas, slopes, trail segments and landscaped areas SI
5 maintained, and liability assigned, as outlined on the Landscape Exhibits (,,L
dated May 3, 1995. 6
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26. This project is located within the West Batiquitos Lagoon Local Coastal PI
Engineering Conditions:
All development design shall comply with the requirements of that plan.
27. Unless a standards variance has been issued, no variance from City Stanc 10
the respective sewer and water agencies regarding services to the project. 12
authorized by virtue of approval of this tentative map.
11 28. The applicant shall comply with all the rules, regulations and design requiren
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29. The applicant shall be responsible for coordination with S.D.G.&E,, Paci
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Telephone, and Cable TV authorities.
30. There shall be one final subdivision map for this project.
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31. 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 tl
of such maintenance in an equitable manner among the owners of the pr(
within the subdivision. Adequate provision for such maintenance shall be i
with the CC&Rs subject to the approval of the City Engineer prior to approv;
final map.
32. All concrete terrace drains shall be maintained by the homeowner’s associ,
on commonly owned property) or the individual property owner (if on an indj
owned lot). An appropriately worded statement clearly identifying the respa
shall be placed in the CC&Rs.
33. Approval of this tentative tract map shall expire twenty-four (24) months f
date of City Council approval unless a final map is recorded. An extension
requested by the applicant. Said extension shall be approved or deniec
discretion of the City Council. In approving an extension, the City COUI
impose new conditions and may revise existing conditions pursuant to
20.12.110(a)(2) Carlsbad Municipal Code.
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The applicant shall defend, indemnify and hold harmless the City and it!
officers, and employees from any claim, action or proceeding against the C
agents, officers, or employees to attack, set aside, void or null an approv;
City, the Planning Commission or City Engineer which has been brought ag
City within the time period provided for by Section 66499.37 of the Subdivis act.
Prior to approval of the final map, the owner of the subject property shall
an agreement holding the City harmless regarding drainage across the
property.
No grading shall occur outside the limits of the subdivision unless a grading
easement is obtained from the owners of the affected properties. If the apy
unable to obtain the grading or slope easement, the tentative map shall e
amended or the plans shall be modified so grading will not occur outside thc
site in a manner which substantially conforms to the approved tentative
determined by the City Engineer and Planning Director.
Prior to hauling dirt or construction materials to or from any proposed cons
site within this project, the applicant shall submit to and receive approval f
City Engineer for the proposed haul route. The applicant shall comply
conditions and requirements the City Engineer may impose with regard;
hauling operation.
Rain gutters must be provided to convey roof drainage to an approved (
course or street to the satisfaction of the City Engineer.
Additional drainage easements may be required. Drainage structures ~
provided or installed prior to or concurrent with any grading or building p
may be required by the City Engineer.
The owner shall make an offer of dedication to the City for all public strc
easements required by these conditions or shown on the tentative map. T
shall be made by a certificate on the final map. All land so offered shall be
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. Phasing of the undergr
in accordance with construction phasing may be done with the approval of
Engineer and the Planning Director.
Direct access rights for all lots abutting Avenida Encinas shall be waived on 1
map.
The applicant shall comply with the City's requirements of the National P
Discharge Elimination System (NPDES) permit. The applicant shall prov
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management practices, as referenced in the “California Storm Wate~
Management Practices Handbook”, to reduce surface pollutants to an am
level prior to discharge to sensitive areas. Plans for such improvements SI
approved by the City Engineer prior to approval of the final map, issuance of 8
or building permit, whichever occurs first.
44. Prior to approval of the final map, the design of all private streets and dl
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 tesl
private streets and drainage systems shall be inspected by the City. The st
improvement plan check and inspection fees shall be paid prior to approval
final map for this project.
45. The improvement plans for the above private streets system shall include the
street access on Avenida Encinas, Street “M, and the following, all
satisfaction of the City Engineer:
A. Remove median and replace with pavement in the public portion of W
Circle between Navigator Circle and the private street entrance
project.
B. Restripe the above portion of Windrose Circle.
46. Prior to occupancy of any unit within this project, the public improvem
Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of 1
Engineer.
47. Street “M” at Avenida Encinas shall be gated or otherwise restricted
satisfaction of the City Engineer and Fire Marshal, to allow egress and em
access only.
48. Prior to final map approval the design and functional operation of the gate il
“M” shall be approved by the City Engineer. The City shall have the right
the obligation to enforce restriction via Street “M”. Wording to this effect ~
approved City Engineer and placed in the project CC&Rs. A note to this efft
be placed on the final map.
49. Prior to approval of the final map the applicant shall enter into a secure
Maintenance Agreement for the existing basin adjacent to and west of the R
development. The applicant shall maintain the basin, to the satisfaction of
Engineer, until all construction in the Master Plan area contributing drainal
basin is completed. The Basin Maintenance Agreement shall then turn t
maintenance obligation to the Master Homeowners Association. Notificatiol
obligation shall be included in the Master Homeowners Association CC&R
Fire Conditions:
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50. Prior to the issuance of building permits, complete building plans shall be su
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to and approved by the Fire Department.
51. Additional onsite public hydrants may be required.
52. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing hydrants.
53. Applicant shall submit a site plan to the Fire Department for approval of
6 driveways and general traffic circulation.
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54. An all-weather access road shall serve the project during construction.
55. All required fire hydrants, water mains and appurtenances shall be operation
9 to combustible building materials being located on the project site.
1 Q 56. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing :
11 automatic sprinklers, and other systems pertinent to the project shall be su
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to the Fire Department for approval prior to construction.
Department a map, showing the street network, conforming to the following ( 13
57. Prior to submittal of water improvement plans, the applicant shall submit to 1
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* 400’ scale * * Photo reduction on mylar
At least two existing streets and/or intersections shall be referenced on the r
a separate vicinity map)
Street centerlines
Street names
Fire hydrant locations.
* Maps shall include the following information:
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58. The entire potable water system, reclaimed water system and sewer system 1 2o
Carlsbad Municipal Water District Conditions:
21 evaluated in detail to ensure that adequate capacity, pressure and flow demal
be met.
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59. The developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of building permit. The Sal
County Water Authority capacity charge which will be collected at issu
application for meter installation.
60. 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 con
be available until time of occupancy. This note shall be placed on the fina
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t. 1 61. 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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The project is subject to all applicable provisions of local ordinances, including 1
limited to the following code requirements:
Fees
62. The Developer shall pay a landscape plan check and inspection fee as requ
Section 20.08.050 of the Carlsbad Municipal Code.
Final Map Notes
63. The following note shall be placed on the Final Map. “Prior to issuance of a k
permit for any buildable lot within the subdivision, the Developer shall pay
time special development tax in accordance with the City Council Resolution
39.”
64. The following note shall be placed on the Final Map. “Improvements design
the improvement plans for this subdivision are private and are to be p
maintained.”
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Improvement Plan Notes
General 18
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65. A note shall be placed on the improvement plans stating which utilities an
66. Approval of this request shall not excuse compliance with all applicable sec 19
the Zoning Ordinance and all other applicable City ordinances in effect at
and which are private.
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pursuant to Title 24 of the State Building Code. 22
building permit issuance, except as otherwise specifically provide herein.
21 67. The project shall comply with the latest non-residential disabled access requi
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68. The Developer shall submit a street name list consistent with the City’s stre
policy subject to the Planning Director’s approval prior to final map appro
25 Landscape
26 69. All landscape and irrigation plans shall be prepared to conform with the La
27 Manual and submitted per the landscape plan check procedures on file
Planning Department.
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PC RES0 NO. 3769 -13-
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Engineering
70. Based upon a review of the proposed grading and the grading quantities SI
the tentative map, a grading permit for this project is required. Prior to apl
the final map, the applicant must submit and receive approval for grading
accordance with City codes and standards.
71. The developer shall exercise special care during the construction phase of thi:
to prevent ofkite siltation. Planting and erosion control shall be pro1
accordance with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, held on the 3rd day of May, 1995
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin,
Noble and Savary
NOES: Commissioner Monroy
ABSENT:
ABSTAIN.
CARLSBAD PLANNING COMM
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