HomeMy WebLinkAbout1984-10-02; City Council; 7199-2; Tentative Map Extension- Laguna Riviera"\
CARLSBAD — AGEND*JllLL
— s— -.' ^
MTG. 10/2/84
DEPT.EN6
TITLE: TENTATIVE MAP EXTENSION
CARLSBAD TRACT CT 82-6
(LA6UNA RIVIERA)
DEPT. HD.@*5jy|
CITY ATTY U5W
CITY MQR. 20^
RECOMMENDED ACTION:
Adopt Resolution No.
for Tentative Map CT
ITEM EXPLANATION:
OccQ_
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77vj~?
82-6,
approving a
including PUD
one-year
40.
extension of time
Carlsbad Tract 82-6 is a 115-unit subdivision located on the north
side of Park Drive, West of Neblina. The Applicant is requesting
that the tentative map be extended until October 19, 1985.
The tentative map was originally approved on October 19, 1982,
per Resolution No. 7033.
The Applicant agreed to pay Public Facilities Fees with the
original application. Planning and Engineering staffs have
rev'iewed this project and recommend the Developer execute the
revised Public Facilities Fee Agreement as required by Council
Policy No. 17. The Subdivider has signed an agreement to waive a
prohibition of new conditions. Staff has reviewed the conditions
and is recommending the addition of three (3) new standard
conditions and the revision of a condition concerning water
distribution to bring it into conformance with the Costa Real/City
Water Agreement.
FISCAL IMPACT:
Additional public facilities required by this project will be
offset by the payment of the Public Facilities Fee by the
Developer.
EXHIBITS:
1. Letter requesting extension, dated July 26, 1984.
2. Location Map
3. Reso
for
lution N o . *7 <7^T<f approving a one-year extension of time
Tentative Map CT 82-6, including PUD 40.
4. Resolution No. 7033, approved by Council September 8, 1982.
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EXHIBIT 1
July 26, 1984
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attention: Dave Hauser
Reference: CT 82-6/PUD 40
Dear Dave,
We would appreciate the City granting a one^year extension
to the above referenced tentative map. The present permit
expires on October 19, 1984, and we would like it extended
to October 19, 1985.
Enclosed is our check in the amount of $650 for the tenta-
tive map extension processing fees and the executed agreement
regarding imposition of conditions on extension of the ten-
tative map.
Do not hesitate to call if you have any guestions.
Very Truly yours,
NATIVE SUN DEVELCLPMENT COMPANY
TX 'v 3
Robert O. Sukup
Vice President - Engineering
ROS/bh
Enclosure
1984
NATIVE S£N DEVELOPMENT COMPANY 110 Escondido Avenue, Suite 103, Vista. California 92083 (619) 941-1155'
LOCATION MAP
VICINITY MAP
NO ff£AL6
CITY MAP BOOK PAGE
crez-e
PROJECT NAME PROJ.
NO.EXHIBIT^3
RESOLUTION NO. 7759
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
3 TIME FOR TENTATIVE MAP CT 82-6 SUBJECT TO
CERTAIN CONDITIONS.
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5 WHEREAS, Section 66473.5 of the Subdivision Map Act provides
that a tentative subdivision map may not be approved unless it is
consistent with all applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 19th
day of October, 1982, adopted Resolution No. 7033 approving, with
10 conditions, Tentative Map CT 82-6; and
11 WHEREAS, Tentative Map CT 82-6 is now inconsistent with the
12 General Plan of the City of Carlsbad because the City Council has
13 found that public facilities are inadequate; and
14 WHEREAS, said Tentative Subdivision Map will expire on
15 October 19, 1984, and the Applicant has requested an extension
16 of time which cannot be approved unless the subdivision can be
17 brought into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to
19 the subdivision will allow it to be found to be in conformity with
20 the General Plan and the Developer has requested the imposition of
21 such conditions and agreed to comply with them; and
22 WHEREAS, the approval of an extension of Tentative
23 Map CT 82-6 subject to such conditions, in lieu of denial of
24 the map, will allow the project to go forward avoiding the
25 unnecessary delay to the City and to the Developer involved with
26 denial and the new application which would then be approved
27 subject to the same set of conditions; and
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WKEREAS, both the Developer and the City wish to extend the
2 map subject to the additional condition;
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
4 City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
6 B. That Tentative Map CT 82-6, is hereby extended for one
7 year from October 19, 1984, to October 19, 1985, subject to the
execution and fulfillment of all the conditions of Resolution No.
7033 and the following additional conditions:
(1) This approval is expressly conditioned on the payment by
the Applicant of a Public Facilities Fee as required by11 City Council Policy No. 17, dated February 24, 1982, and
effective April 2, 1982, on file with the City Clerk and
12 incorporated herein by reference, and according to the
agreement executed by the Applicant for payment of said
fee. If said fee is not paid as promised, this
application will not be consistent with the General Plan
and the project cannot proceed and this approval shall
be void.15
(2) Approval of this request shall not excuse compliance
with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
(3) A 500' scale map of the subdivision shall be submitted
to the Land Use Planning Manager prior to the
recordation of the final map. Said map shall show all
lots and streets within and adjacent to the project.20
(4) Any signs proposed for this development shall be
designed in conformance with the City's Sign Ordinance
and shall require review and approval of the Land Use22 Planning Manager prior to installation of such signs.
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C. That the existing Condition No. 6 of Resolution No. 703324
shall be replaced with the following:25
Water shall be provided to this project pursuant to the
Water Service agreement between the City of Carlsbad
and the Costa Real Water District, dated May 25, 1983.
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2Q D. That the Agreement for Waiver of Prohibition against
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the imposition of conditions upon the approval of an extension of
a tentative subdivision map, dated hereto is approved.
(EXTENSIONS: and the Mayor is authorized to execute such
agreement on behalf of the City.)
E. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render this
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the
2nd day of October , 1984, by the following vote, to
wit:
AYES: Council Mentoers Casler, Lewis, Chick and Prescott
NOES: None
ABSENT: Council Member Kulchin
/ A_«*-^C & •
MARY H.
ATTEST:
U^^CX^rV^a /\ , , .>_„»,.— — i »n .
ALETHA L. RAUTENKRANZ, City Cl\erk
(SEAL)
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RESOLUTION NO. 7033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARJLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 82-6) AND PLANNED UNIT
DEVELOPMENT (PUD-40) ON PROPERTY GENERALLY
.LOCATED ON THE NORTH SIDE OF PARK DRIVE BISECTING
THE EXTENSION OF NEBLINA DRIVE.
APPLICANT: KAMAR
CASE NO. CT 82-6/PUD-40.
WHEREAS, on September 8, 1982, the Carlsbad Planning
Commission adopted Resolution No. 2006 recommending to the City
Council that Tentative Tract Map (CT 82-6) and Planned Unit
Development (PUD-40) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
October 5, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 82-6) and Planned Unit Development
(PUD-40'); and
WHEREAS, said Tentative Tract Map and Planned Unit
Development have been declared to have a nonsignificant impact
on the environment and a Negative Declaration was prepared and
filed on August 6, 1982 in compliance with the requirements of
the City of Carlsbad Environmental Protection Ordinance of 1980;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2006 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map (CT 82-6) and Planned
Unit Development (PUD-40) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the conditions contained in Planning
Commission Resolution No. 2006, dated September 8, 1982 marked
Exhibit A, attached hereto and made a part hereof, except as
follows:
1. Conditions 28, 29 and 30 of Planning Commission
Resolution No. 2006 have been deleted and are replaced with the
following:
"The City Council has acquired facilities to produce
reclaimed water and is doing a master plan for the use
of reclaimed water. In order to insure an adequate
water supply for the City and this development, it may
be necessary for the applicant to use Type 1 reclaimed
water in the common areas of the subdivision. This
project shall comply with the requirements of the
reclaimed water master plan as adopted by the City
Council. If the plan so provides the applicant shall
construct dual systems for reclaimed water in
accordance with Title 17 of the Administrative Code and
City standards. If a reclaimed water system is
required the covenants, conditions and restrictions for
the subdivision shall provide for a homeowners
association with the responsibility for the use of
reclaimed water and for the maintenance and operation
of the system in accordance with City standards. The
City Engineer may require the installation of sleeves
at crossing points to provide for the possibility of
reclaimed water service to properties adjacent to this
subdivision."
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2. Condition 35 has been amended to read as follows:
"All 24 foot wide private driveways shall be kept clear
of parked vehicles at all times, and shall have posted
"No Parking/Fire Lane Tow Away Zone" pursuant to
Section 17.04.040, Carlsbad Municipal Code. All 32 foot
wide private driveways _shall be posted as stated herein
on one side of the driveway. The City shall have the
right but not the obligation to enforce this
condition."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City'of Carlsbad, California, on the 19 th
day of October 1982 by the following vote, to wit:
AYES: Council Members Casler, Lewis and Chick
NOES: None
ABSENT: Council Members Kulchin and Anear
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ATTEST:
MARY H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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EXHIBIT A
RESOLUTION NO.7033
1 PLANNING COMMISSION RESOLUTION NO. 2006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
2 OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
115 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT
5 DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF PARK DRIVE BISECTING THE EXTENSION
,,-4 OF NEBLINA DRIVE.
APPLICANT: KAMAR
0 CASE NO; CT 82-6/PUD-40 -
<•WHEREAS, a verified application for certain property to
7 wit: A portion of Lot I of Rancho Agua Hedionda according to
ft Map No. 823 filed on November 16, 1896 Assessor No. 207-
0 100-52
Q has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
12 as provided by Title 21 of the Carlsbad Municipal Code; and
13 WHEREAS, the Planning Commission did, on the 25th day of
14 August, 1982, and on the 8th day of September, 1982, hold a duly
15 noticed public hearing as prescribed by law to consider said
request; and
17 WHEREAS, at said public hearing, upon hearing and
18A considering all testimony and arguments, if any, of all persons
19 desiring to be heard, said Commission considered all factors
20 relating to the Tentative Tract Map and Planned Unit Development.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22 Commission as follows:
23 A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of CT 82-6/PUD-40, based on the
following findings and subject to the following conditions:
ne
Findings:
27 1) The project is consistent with the city's General Plan since
the proposed density of 4 du's/acre is within the density range
of 4-10 du's/acre specified for the site as indicated on the
Land Use Element of the General Plan. ,o
2) The site is physically suitable for the type and density of th
_ development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
3) The project is consistent with all city public facility pol-
. icies and ordinances since:4
a) The Planning Commission has, by inclusion of an appropriat
condition to this project, insured that the final map will
nou be approved unless the City Council finds that sewer
" service is available to serve the project. In addition,
„ the Planning Commission has added a condition that a not<=>
shall be placed on the final map that building permits may
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not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, the Planning Commission is satisfied
that the requirements of the public facilities element of
the General Plan have been met insofar as they apply to
sewer service for this project.
b) The Carlsbad School District has written a letter stating
that school facilities will be available for this project.
c) Park-in-lieu fees are required as a condition of approval.
d)- All necessary public improvements have been provided or
-K will be required as conditions of approval.
e) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
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-0 available concurrent with need as required by the General18 Plan.
f) Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
5) The project is consistent with the proposed Aqua Hedionda
Specific Plan.
6) This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Land Use Planning Manager on August 6, 1982 and
0- approved by the Planning Commission on August 25, 1982.
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PC RESO NO. 2006 .2
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occupancy. This note shall be placed on the final map.
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Conditions:
General Conditions
1) Approval is granted for CT 82-6/PUD-40, as shown on Exhibit
"A", dated July 13, 1982 and Exhibits "B", "C", "D" and "P",
dated June 12, 1982, incorporated by reference and on file in
the Land Use Planning Office. Development shall occur sub-
. stantially as shown unless otherwise noted in these condi-
tions. -
2) This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available
to serv.e the subdivision.
3) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
4) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City
Council Policy No."17, dated April 2, 1982, on file with the
City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated, April 2, 1982, is on file
with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not be
consistent with the General Plan and approval for this project
shall be void. .
5) The applicant shall pay park-in-lieu fees to the city, prior to
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
6) Water shall be provided by the city of Carlsbad unless some
I /->*-Vii»v- at"rztnrmmf*ni- i e ar\r~*t*r*tiraA H\f <-Vio Pit-w Poiinr''! 1, other arrangement is approved by the City Council.
<£jL Land Use Planning Office
The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
C RESO NO. 2006 .3
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CC&R's shall be submitted to and approved by the Land Use
Planning Office prior to final map approval. Said CC&R's
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_ by the city of Carlsbad Land Use Planning Office.
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8 thriving condition, free from weeds, trash, and debris.
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8) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
shall include a provision prohibiting the storage of
recreational vehicles on any individual lots and on any
streets within the subdivision. This provision shall be
worded such that any amendment thereto would require approval
9) The applicant shall prepare a detailed landscape and irrigatior
plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
10) All landscaped areas shall be maintained in a healthy and
11) If trash receptacle areas are used then they shall be enclosed
by a 6 foot high masonry wall with gates pursuant to city
standards. Location of said receptacles shall be approved by
the Land Use Planning Manager.
Engineering Department
12) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
14 13) The grading for this project is defined as "controlled grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
14) Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a contour
map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
15) No Grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
16) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City Engineer.
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PC RESO NO. 2006 .4
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17) The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24
hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions, is equal to or
less than the runoff from a storm of the same frequency and
duration under existing undeveloped conditions. Both 6 hour
and 24 hour storm durations shall be analyzed to determine the
5 detention basin capacities necessary to accomplish the desired
results unless otherwise approved by the City Engineer.
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18) Prior to final map approval, all bonds for grading and public
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Engineer.
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19) Park Drive shall be dedicated on the final map along the
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improvements shall be submitted and accepted by the City
subdivision frontage based on a right-of-way half width of 34
feet to accomodate a 68' ultimate right-of-way.
20) Neblina Drive shall be dedicated on the final map along the
subdivision frontage based on a right-of-way half width of 30
feet.
21) Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encumberances.
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22) Except for lots 1 and 2 of Phase 3, direct access rights for
all lots abutting Park Drive shall be waived on the final map.
23) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
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24) The design of all private streets and drainage systems shall be
approved by the City Engineer prior to approval of the final
map. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city and the standard improvement plan check and inspection
fees shall be paid prior to approval of the final map.
25) All private streets and private drainage systems shall be
maintained by the homeowner's association in perpetuity. This
responsibility shall be clearly stated in the CC&R's.
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26) Except for lots 1 and 2 of Phase 3, no lot in this subdivision
may be further subdivided. This note shall be placed on the
final map.
PC RESO NO. 2006 .5
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27) Approval of this tentative tract map shall expire 24 months
from the date of City Council approval unless a final map is
recorded. An extension may be requested by the applicant.
Said extension shall be approved or denied at the discretion
of the City Council. In approving an extension, the City
Council may impose new conditions and may revise existing
conditions.
28) The applicant shall agree to utilize reclaimed water, in Type
I form, on the subject property in all common areas as
approved by the City Engineer.
29) The reclaimed water irrigation system shall be maintained and
operated consistent with the requirements of the city of
Carlsbad, under a contractual agreement with the homeowner's
association that is to give the city total assurance that
they would always have the ability to discharge the effluent.
30) Irrigation systems to accommodate future reclaimed water shall
be designed and installed consistent with Title 17 of the
California State Administrative Code and city of Carlsbad
Standards. Offsite future reclaimed water distribution systems
should be anticipated by the installation of adequately sized
sleeves at crossing points to minimize street excavation.
Fire Department
31) Additional public and/or on-site fire hydrants are required.
32) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
33) An all weather access road shall be 'maintained throughout
construction.
34) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
35) All 24' wide private driveways shall be kept clear of parked
vehicles at all times, and shall have posted "No Parking/Fire
Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
Municipal Code. All 32' wide private driveways shall be posted
as stated herein on one side of the driveway.
36) Fire retardant roofs are required on all structures.
37) Brush clearance shall be maintained within a minimum distance
of 30 feet to each residence.
PC RESO NO. 2006 .6
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38) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
39) Building exceeding 10,000 sq.ft. aggregate floor area shall be
sprinklered or have four-hou-r fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on the
8th day of September, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman Farrow, Commissioner Marcus,
Schelhuber and Rawlins.
Commissioner Jose.
Commissioner Friestedt.
Commissioner Rombotis.
VERNON ,<J. FARROW, JR Chairman
CARLSBAD PLANNING COMMJ[£SION
ATTEST:
MICHAEL J. HQLZMiMiER,
LAND USE PLANNING MANAGER
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