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HomeMy WebLinkAbout1995-05-03; Planning Commission; Resolution 37711. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ e * PLANNING COMMISSION RESOLUTION NO. 3771 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE CONSISTING OF TWO OPEN SPACE LOTS, ONE SEWER PUMP STATION LOT, ONE PRIVATE STREET LOT AND 61 RESIDENTIAL LOTS TO ACCOMMODATE 61 DETACHED SINGLE FAMILY HOMES ON 5,000 SQUARE FOOT MINIMUM SIZED LOTS, ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS POINSETTIA SHORES MASTER PLAN. CASE NAME POINSETTIA SHORES - AREA “A-4’’ CASE NO: CT 94-07 WHEREAS, a verified application has been filed with the City of C TRACT MAP, CT 94-07, FOR A 65 LOT SUBDIVISION LAGOON WITHIN PLANNING AREA “A-4” OF THE and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tc 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 3rd day of May, 1995, hold a public hearing on property dt as: Lot 4 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 te: and arguments, if any, of all persons desiring to be heard, said Cornmission consid’ factors relating to CT 94-07. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 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 Corn RECOMMENDS APPROVAL of Carlsbad Tract CI’ 94-07, based following findings and subject to the following conditions: I I ** 1 2 3 4 5 6 7 0 c Findings: General 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 reasonably related to the project, and the exf the degree of the exaction is in rough proportionality to the impact causec project. Tentative Maa i 8 2. That the proposed mag and the proposed design and improvement of the sub’ as conditioned, is consistent with and satisfies all requirements of the Gener and the State Subdivision Map Act, and will not cause serious public facilities and services will be available, and all applicable City standards 9 problems, in that all required public improvements will be provided, all nt 10 the Poinsettia Shores Master Plan, Titles 20 and 21 of the Carlsbad Municip; 11 applied and enforced to promote public health, safety and welfare. 12 3. That the proposed project is compatible with the surrounding future land us 13 surrounding properties are designated for residential development on the ( Plan, in that the subject planning area and surrounding planning ar 14 designated for Residential-Medium (RM) development which allows 4-8 G 15 units per acre. Planning Area “A-4” proposes an allowable density of 4.8 dl 16 4. That the site is physically suitable for the type and density of the develop me^ the site is adequate in size and shape to accommodate residential developmer 17 density proposed, in that all applicable City and Master Plan standards and 18 guidelines are accommodated by the subject planning area site and proposed 19 5. That the design of the subdivision or the type of improvements will not confl easements of record or easements established by court judgment, or acquire( in that the Master Plan and buildout of individual planning areas has been d 20 and structured so that no conflicts with any easements will occur. 21 public at large, for access through or use of property within the proposed subc 22 23 24 25 26 27 28 6. 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. 7. That the design of the subdivision provides, to the extent feasible, for future or natural heating or cooling opportunities in the subdivision, in that I building orientation and placement, in combination with the proposed va floor plan types and dominant windlsolar radiation patterns, will allow uti! of natural heating and cooling opportunities. PC RES0 NO. 3771 -z ll - I1 i) 0 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 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 fis 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 tc 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 1 of any significant impacts to fish, wildlife or their respective habitats creata 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 P 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 the project. In addition, the project is conditioned such that a note placed on the final map that building permits may not be issued project unless the District Engineer determines that sewer service is a7 and building cannot occur within the project unless sewer service available, and the District Engineer is satisfied that the requiremeni Public Facilities Element of the General Plan have been met insofa] apply to sewer service for this project. b) Statutory School fees will be paid, or the obligations of the existing Agreement will be satisfied, to ensure the availability of school facilitil Carlsbad Unified School District. The Carlsbad Unified School Disi the project applicant, Kaiza Poinsettia Corporation, have signed z 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 req conditions of approval. PC RES0 NO. 3771 -3- II II 0 e 7 1 2 3 4 5 6 7 8 9 10 11 12 13 d) The developer has agreed and is required by the inclusion of an app condition to pay a public facilities fee. Performance of that cont~ payment of the fee will enable this body to find that public facilitiec 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 ai requirements established by a Local Facilities Management Plan prepared 1 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cc availability of public facilities and will mitigate any cumulative impacts create project. 13. This project has been conditioned to comply with any requirement approvec of the Local Facilities Management Plan for Zone 9. Landscaping: 14. That the project is consistent with the City’s Landscape Manual, adopted by Council by incorporation by reference in Carlsbad Municipal Code Section 14 l4 15 Local Coastal Program Consistency 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 propos use, density and detached single family product type is consistent with LCP I 17 designations for the subject planning area. ’ 8 Environmental: 19 20 18. The Planning Commission finds that: 21 22 23 a) the project is a Residential Project consistent with a Community P Poinsettia Shores Master Plan) as described in Section 15183 of the Guidelines; b) the project is consistent with the Poinsettia Shores Master Plan; 24 25 c) there were Mitigated Negative Declarations approved in connection 1 prior approval of the Poinsettia Shores Master Plan; 26 27 20 d) the project has no new significant environmental effect not anal significant in the prior Mitigated Negative Declarations prepared 175(D) and CT 94-01 as noticed on August 12, 1993 and May ! respectively; and PC RES0 NO. 3771 -4- _. < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 e) none of the circumstances requiring Subsequent or Supplemental E11 CEQA Guidelines Sections 15162 or 15163 exist. 19. The Planning Commission finds that all feasible mitigation measures or alternatives identified in the Mitigated Negative Declarations which are app. to this Subsequent Project have been incorporated into this Subsequent Prc Planning Conditions: Approval 1. The Planning Commission does hereby recommend approval of the Tentatil Map for the Poinsettia Shores Project entitled “Planning Area A-4, dated 1995, (Exhibits “A - “P, dated May 3,1995, incorporated by this reference) to the conditions herein set forth. Staff is authorized and directed to n require the Developer to make all corrections and modifications to the I exhibits and/or documents, as necessary to make them internally consistr conform to City Council’s final action on the project. Development sha 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 tc implemented and maintained according to their terms, the City shall have t to revoke or modify all approvals herein granted, deny or further condition j of all future building permits, deny, revoke or further condition all certifi occupancy issued under the authority of approvals herein granted, instit prosecute litigation to compel their compliance with said conditions or seek c for their violation. No vested rights are gained by Developer or a succ 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 coy Tentative Map as approved by the Planning Commission. The Tentative M reflect the conditions of approval by the City. The map copy shall be subn the City Engineer and approved prior to building, grading, final D improvement plan submittal, whichever occurs first. PC RESO NO. 3771 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 5. The Developer shall provide the Planning Director with a 500’ scale myla subdivision prior to the recordation of the final map. Said map shall show and streets within and adjacent to the project. 6. The Developer shall include, as part of the plans submitted for any pern check, a reduced, legible version of the approving resolutions on a 24” x 36” 1 drawing. Said blueline drawings shall also include a copy of any applicable Development Permit and signed approved site plan. Facilities & Services 7. The final map shall not be approved unless the City Council finds as of the such approval that sewer service is available to serve the subdivision. 8. Building permits will not be issued for development of the subject propeq the District Engineer determines that sewer facilities are available at the application for such sewer permits and will continue to be available until occupancy. A note to this effect shall be placed on the final map. 9. The Developer shall pay the public facilities fee adopted by the City Council 28, 1987 (amended July 2, 1991) and as amended from time to time, ; development fees established by the City Council pursuant to Chapter 21.91 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 Finan 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 b~ 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. 12. Approval of CT 94-07 is granted subject to the approval of PUD 94-06. PC RES0 NO. 3771 -6- e * 1 13. The Developer shall establish a homeowner’s association and corres] covenants, conditions and restrictions. Said CC&Rs shall be submitted incorporate the following items: 2 approved by the Planning Director prior to final map approval. The CC&R 3 4 5 6 7 8 9 (A) No private development shall be permitted within open space areas, e; areas or recreational areas. (B) All open space and landscaped areas shall be maintained in a heal thriving condition, free from weeds, trash, and debris. (C) A provision stating the City’s right but not obligation to enforce the ( (D) Any amendments to the CC&Rs shall be subject to the review and a of the Planning Director and City Attorney. lo II (E) Guest parking only is allowed on both sides of the 36 foot wide privati 11 12 (F) Maintenance and liability of all recreation areas, common areas in trail segment; and common facilities including drainage facilities and , 13 14 (G) The provisions required by Condition Nos. 27, 33, 34, 48 and 49 15 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 s 17 designed to reflect downward and avoid any impacts on adjacent homes or PI la 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 Commission Resolution Number 3747 for SDP 94-03. 20 plan recreation center (Area “M) and recreational vehicle storage area (A 21 Landscape 22 23 24 25 26 27 16. The Developer shall prepare a detailed landscape and irrigation plan in confo with the approved Preliminary Landscape Plans (Exhibits “M’ - “P dated 1995), the landscape guidelines of the Poinsettia Shores Master Plan, and th Landscape Manual. The plans shall be submitted to and approval obtained 6 Planning Director prior to the approval of the final map, grading permit, or 1 permit, whichever occurs first. The Developer shall construct and in! landscaping as shown on the approved plans, and maintain all landscapi healthy and thriving condition, free from weeds, trash, and debris. 28 PC RES0 NO. 3771 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 e a 17. The first submittal of detailed landscape and irrigation plans shall be am1 by the project’s building, improvement, and grading plans. Sims 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; ( 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 salt at all times, or suitable alternative to the satisfaction of the Planning Direc 20. All sales maps that are distributed or made available to the public shall incl not be limited to trails, future and existing schools, parks, and streets. Outside Agencv Permits 21. Prior to approval of the final map for CT 94-07, the Developer shall receive a of a Coastal Development Permit that substantially conforms to this apprc signed copy of the Coastal Development Permit must be submitted to the P Director. If the approval is substantially different, an amendment to Tentath Map CT 94-07 shall be required. Affordable Housing 22. Prior to the approval of the final map for any phase of this project, the De shall enter into an Affordable Housing Agreement with the City to provide a~ restrict 90 dwelling units as affordable to lower-income households for the us( of the dwelling units either in Planning Area “D” of the Master Plan (CT 9L an offsite location to the satisfaction of the Community Development Dire accordance with the requirements and process set forth in Chapter 21.85 Carlsbad Municipal Code and the Poinsettia Shores Master Plan. The rt Affordable Housing Agreement shall be binding on all future owners and su( in interest. Open Space and Trails 23. Prior to approval of the final map, the Developer shall dedicate as germane space for pedestrian access purposes a trail easement for trails shown Tentative Map within Open Space Lots 9 and 62 in conformance with Exhibi “D”, “M” - “P” and the Poinsettia Shores Trails System as described in the Poi Shores Master Plan pages 24-33. Trail maintenance and liability provisic outlined on the project’s landscape exhibit cover sheet, Exhibit “M. PC RES0 NO. 3771 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ i e 0 24. Per the master plan, issuance of building permits for homes adjacent to the rl trail segment will be granted only after the adjacent trail segment (within A 4) is constructed and landscaped to the satisfaction of the Planning Direct( project’s landscape exhibits are intended to be the basis for substantial confo with regards to the pedestrian trail location and alignment. 25. All open space areas, slopes, trail segments and landscaped areas si maintained, and liability assigned, as outlined on the Landscape Exhibits (‘‘M dated May 5, 1995. 26. The private structural setback area associated with the east facing bluff edge ( setback for Lots 50-59) and the south facing bluff edge (50 foot setback for I 49) of A-4 shall not accommodate any portion of the main residential str Reasonable rear yard uses are allowed, including but not limited to, pool; water features, landscaping, decks, barbecues and patios. Walls and fen permitted in any combination up to a maximum height of 6 feet. Childrel sets, swings, recreational equipment, gazebos, trellises, patio covers, structures, sun rooms and accessory structures are allowed up to a maximum of 14 feet, however, any accessory structure with less than a 3/12 roof pitch s limited to 10 feet in height. Only detached accessory structures are allowed the private structural setback area maintaining a minimum distance from th residential structure of 10 feet; with the exception of trellises and patio cover! may be attached to the main structure. No detached second dwelling units s located within the private structural setback area. All accessory structures s setback a minimum of 5 feet from any side or rear property line within the structural setback area. The total lot coverage shall not exceed 40%. These z restrictions shall be incorporated into, and enforced by, the project’s CC& addition, a note shall be placed on the final map disclosing the setback rest1 contained in this condition of approval. If in any case, a determination is rt regarding the allowance of a particular accessory use or structure, the PI; Director‘s decision shall be final unless an amendment to CT 94-07PUD 94 reviewed by the Planning Commission and approved by the City Cour processed. Engineering Conditions: 22 23 24 25 authorized by virtue of approval of this tentative map. 29. The applicant shall comply with all the rules, regulations and design requirem 26 the respective sewer and water agencies regarding services to the project. 27 30. The applicant shall be responsible for coordination with S.D.G.&E., Pacif 20 27. This project is located within the West Batiquitos Lagoon Local Coastal Pr All development design shall comply with the requirements of that plan. 28. Unless a standards variance has been issued, no variance from City Stand Telephone, and Cable TV authorities. PC RES0 NO. 3771 -9- ll ” -. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 i 0 m 31. There shall be one final subdivision map for this project. 32. 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 prc 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 approva final map. 33. All concrete terrace drains shall be maintained by the homeowner’s associz on commonly owned property) or the individual property owner (if on an indiy owned lot). An appropriately worded statement clearly identifying the respol shall be placed in the CC&Rs. 34. Approval of this tentative tract map shall expire twenty-four (24) months fr date of City Council approval unless a final map is recorded. An extension requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an extension, the City Count impose new conditions and may revise existing conditions pursuant to ; 20.12.110(a)(2) Carlsbad Municipal Code. 35. 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 agai City within the time period provided for by Section 66499.37 of the Subdivisic Act. 36. Prior to approval of the final map, the owner of the subject property shall c an agreement holding the City harmless regarding drainage across the ac property- 37. No grading shall occur outside the limits of the subdivision unless a grading o easement is obtained from the owners of the affected properties. If the applj unable to obtain the grading or slope easement, the tentative map shall eit amended or the plans shall be modified so grading will not occur outside the : site in a manner which substantially conforms to the approved tentative I determined by the City Engineer and Planning Director. 38. Prior to hauling dirt or construction materials to or from any proposed const! site within this project, the applicant shall submit to and receive approval frt City Engineer for the proposed haul route. The applicant shall comply w conditions and requirements the City Engineer may impose with regards hauling operation. 39. Rain gutters must be provided to convey roof drainage to an approved dr course or street to the satisfaction of the City Engineer. PC RES0 NO. 3771 -10- -3 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I m e 40. 41. 42. 43. 44. 45. 46. 47. Additional drainage easements may be required. Drainage structures s provided or installed prior to or concurrent with any grading or building PC may be required by the City Engineer. 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 map. Ti shall be made by a certificate on the final map. All land so offered shall be 1 to the City free and clear of all liens and encumbrances and without cost to tl Streets that are already public are not required to be rededicated. Prior to issuance of building permits, the applicant shall underground all l overhead utilities within the subdivision boundary. Phasing of the undergrc in accordance with construction phasing may be done with the approval of t Engineer and the Planning Director. The applicant shall comply with the City’s requirements of the National PC Discharge Elimination System (NPDES) permit. The applicant shall provi management practices, as referenced in the “California Storm Wate Management Practice Handbook”, to reduce surface pollutants to an acceptab prior to discharge to sensitive areas. Plans for such improvements shall be ap by the City Engineer prior to approval of the final map, issuance of grac building permit, whichever occurs first. Prior to approval of the final map, the design of all private streets and dr 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 test 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. 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 W1 Circle between Navigator Circle and the private street entrance to this 1 and Area A-3, CT 94-06. B. Restripe the above portion of Windrose Circle. Prior to occupancy of any unit within this project, the public improvemc Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of tl Engineer. In order to meet the cul-de-sac standard, prior to approval of the final m, developer shall agree to construct Street “M” through Area A-3, CT 94-06, satisfaction of the City Engineer. Street “M” at Avenida Encinas shall be gal I PC RES0 NO. 3771 -11- -1 *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e egress and emergency access only. Prior to final map approval the des functional operation of the gate in Street “M” shall be approved by t Engineer. The City shall have the right but not the obligation to enforce res via Street “M”. Wording to this effect shall be approved by the City Enginc placed in the project CC&Rs. A note to this effect shall be placed on the fin 48. Prior to approval of the final map the applicant shall enter into a securer Maintenance Agreement for the existing basin adjacent to and west of the R development. The applicant shall maintain the basin, to the satisfaction of 1 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&B Fire Conditions: 49. Prior to the issuance of building permits, complete building plans shall be sub to and approved by the Fire Department. 50. Additional onsite public hydrants may be required. 51. Applicant shall submit a site plan to the Fire Department for approval, which location of required, proposed and existing hydrants. 52. Applicant shall submit a site plan to the Fire Department for approval of I driveways and general traffic circulation. 53. An all-weather access road shall serve the project during construction. 54. All required fire hydrants, water mains and appurtenances shall be operationa to combustible building materials being located on the project site. 55. 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. 56. Prior to submittal of water improvement plans, the applicant shall submit to tk Department a map, showing the street network, conforming to the following CL * 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced ( * Maps shall include the following information: map (not a separate vicinity map) Street centerlines Street names Fire hydrant locations. PC RES0 NO. 3771 -12- w- 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Carlsbad Municipal Water District Conditions: 57. The entire potable water system, reclaimed water system and sewer system evaluated in detail to ensure that adequate capacity, pressure and flow dema be met. 58. 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 Sa County Water Authority capacity charge which will be collected at issu; application for meter installation. 59. 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 find 60. The developer shall adhere to all conditions as set forth in the Water D approved potable water, sewer and reclaimed systems analysis dated March 2 Code Reminders: The project is subject to all applicable provisions of local ordinances, including limited to the following code requirements: - Fees 61. The Developer shall pay a landscape plan check and inspection fee as requ Section 20.08.050 of the Carlsbad Municipal Code. Final Mar, Notes 62. The following note shall be placed on the Final Map. “Prior to issuance of a 1 permit for any buildable lot within the subdivision, the Developer shall pay time special development tax in accordance with the City Council Resolution : 39.” 63. The following note shall be placed on the Final Map. “Improvements design; the improvement plans for this subdivision are private and are to be PI maintained.” Improvement Plan Notes 64. A note shall be placed on the improvement glans stating which utilities are and which are private. ~ pc RESO No. 3771 -13- *. 0 %* 1 General @ 2 3 65. Approval of this request shall not excuse compliance with all applicable set pursuant to Title 24 of the State Building Code. 5 building permit issuance, except as otherwise specifically provide herein. the Zoning Ordinance and all other applicable City ordinances in effect at 4 66. The project shall comply with the latest nonresidential disabled access requi 6 7 67. The Developer shall submit a street name list consistent with the City’s strec Manual and submitted per the landscape plan check procedures on file 68. All landscape and irrigation plans shall be prepared to conform with the La 9 Landscape 8 policy subject to the Planning Director’s approval prior to final map appror 10 Planning Department. 11 Engineering 12 69. Based upon a review of the proposed grading and the grading quantities sh 13 14 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 1 15 accordance with City codes and standards. to prevent offsite siltation. Planting and erosion control shall be prov 16 70. The developer shall exercise special care during the construction phase of this 17 accordance with the Carlsbad Municipal Code and the City Engineer. 18 19 20 .... .... .... 21 22 23 24 25 .... .... .... .... 26 27 28 .. f. PC RES0 NO. 3771 -14- II I f' 1 I 9 9 PASSED, APPROVED, AND ADOPTED at a regular meeting 2 following vote, to wit: 3 Planning Commission of the City of Carlsbad, held on the 3rd day of May, 1995 4 5 6 7 8 9 10 11 AYES: Chairperson Welshons, Commissioners Compas, Erwin, : Noble and Savary NOES: Commissioner Monroy ABSENT: ABSTAIN 1 KIM WELSHONS, Chairperson CARLSBAD PLANNING COMM 12 /I ATTEST: 13 14 15 16 17 18 19 20 21 22 23 MICHAEL &/iLhiLA J OLZMI b Planning &or 24 25 26 27 ll 28 PC RES0 NO. 3771 -15-