HomeMy WebLinkAbout1991-01-08; City Council; Resolution 91-5I 0.
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RESOLUTION NO. 91-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 89-19), SITE DEVELOPMENT PLAN (SDP 89-7) AND HILLSIDE DEVELOPMENT
PERMIT (HDP 89-37) FOR A 79 LOT/72 SINGLE
FAMILY DWELLING UNIT PROJECT ON 40.95 ACRES OF
LAND GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT, IMMEDIATELY WEST OF THE AVIARA MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19.
APPLICANT: BROCCATO CASE NO!
WHEREAS, on October 17, 1990 the Carlsbad
CT 89-19/SDP 89-7/HDP 89-37
Commission held a duly noticed public hearing to cor
proposed Tentative Subdivision Map CT 89-19, Site Developm
SDP 89-7 and Hillside Development Permit HDP 89-37 for a 7
unit single family dwelling project and adopted Resoluti
3110, 3111, and 3112 respectively, recommending to the City
that the Tentative Subdivision Map, Site Development I
Hillside Development Permit be approved: and
WHEREAS, the City Council of the City of Carl
December 18, 1990 held a public hearing to consi
recommendations and heard all persons interested in or OF
CT 89-19/SDP 89-7/HDP 89-37; and
NOW, THEREFORE, BE IT RESOLVED by the City Counc.
City of Carlsbad, California, as follows:
1. That the above recitations are true and COL
2. That the tentative subdivision map of this
(CT 89-19) is approved and that the findings and conditio1
Planning Commlission contained in Resolution No. 3110 markec
A and attached hereto are the findings and conditions of
Council except for the following changes:
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A. Condition No. 15 is amended to read as
"Prior to final map approval the project a]
shall :
Planning Director that an offer of dedication of all
(B) Irrevocably offer to dedicate il
the homeowner's association all open space lots on CT 89-1 for the wetlands which shall be dedicated to the Stat Commission. A covenant of easement shall be placed over
space lots for access and maintenance.
(C) Irrevocably offer to dedi(
perpetuity to the City of Carlsbad an open space and publi
trail easement within the wetlands buffer area."
(A) Submit evidence satisfactory
wetlands to the State Lands Commission has been made,
B. Condition No. 77 is amended to read as
"No building permit shall be issued for the
until and unless there is adequate capacity within the Ba
lift station as determined by the City Engineer. Prioi issuance of building permits, the developer shall pay a
Benefit Area Fees in effect at the time of buildin5
issuance. It
C. Condition No. 14 is amended to read as
!'The applicant shall establish a horn association and corresponding covenants, conditio restrictions. Said CC&Rs shall be submitted to and approvc
Planning Director prior to final map approval. The CC& include provisions specifying:
(1) Homeowner's association mai
responsibility for all natural and manufactured project or
areas including the wetlands buffer area, public trial and
lot; and
(2) That no private development (i.
yard structures or landscaping) shall be permitted within t space; and
(3) The parking lot shall have
indicating that it is for public use and the CC&Rs shall
use by the Broccato residents and their guests. Public
landscaping OY other public utilities as approved on the I Concept Plan (Exhibit )IGII, dated September 18, 1990)
permitted.
D. Condition No. 47 is amended to read as
"NO grading permits shall be issued 1
subdivision prior to recordation of the final map unless by the Community Development Director, City Engineer and
Director. It
E. Condition No. 92 is added as follows:
"Approval of this subdivision map is contin1
the provisions of adequate public facilities to satisfy tl
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Facilities Element of the General Plan. At this time a Me
Community Facilities District is proposed to f inai construction of several citywide facilities necessary to s development. If the Mello-Roos Community Facilities Disl
not formed, or if the Community Facilities District is fo
the subject properties are not participants within that D
the required General Plan Consistency finding cannot k
Therefore, no final map can be approved unless the citywid
Roos District is formed or an alternate financing mechz provided by the developer and approved by the City Cot
finance the facilities legally applicable to Zone 19 thi
have been or are included in the Community Facilities D
For the purpose of this condition the Mello-Roos District
considered to be formed following an affirmative vote
property owners plus a 30-day period as prescribed by provide for any protest regarding the formation of the Di
F. Condition No. 26 is amended to read as
llPrior to the issuance of any building per
applicant shall submit evidence satisfactory to the
Director that an offer of dedication of the wetland has b to the State Lands Commission.tt
4. Site Development Plan SDP 89-7 is approved
the findings and conditions of the Planning Commission cont
Resolution No. 3111 marked Exhibit B and attached hereto
findings and conditions of the City Council.
5. Hillside Development Permit HDP 89-37 is appr
that the findhgs and conditions of the Planning Commissi
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contained in 13esolution No. 3112 marked Exhibit C and i
hereto are the findings and conditions of the City Counci:
PASSED, APPROVED AND ADOPTED at a Regular Meetin
City Council of the City of Carlsbad on the 8th day of
1991, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton and Nygaar
NOES: F~one
ABSENT! None
ABSTAIN: Council Me
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl$rk
(SEAL)
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a a
PIANNING COMMISSION RESOLUTION NO. 3110
A RESO1.UTION OF THE PLANNING COMMISSION OF THE CITY OF CARLS
CALIFOFLNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAp 72 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLf LOCATED Al
HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: CT 89-19
WHEREAS, a vexified application for certain property to wit:
All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, R~I
west, San Bernardino Meridian.
THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNi
has been filed with the City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request as provided by Ti
Carlsbad Municipal Code; and .
WHEREAS, the Planning Commission did, on the 17th day of October, 199C
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
arguments, if any, of all persons desiring to be heard, said Commission considerr
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
A)
1 B)
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APPROV’ of CT 89-19, based on the following findings and subject to t
conditioxls:
Findinns:
1. The projiect is consistent with the City3 General Plan since the proposed d
du’s/net acre is within the density range of 0-4 and 4-8 du’s/acre specified fl
indicated on the Land Use Element of the General Plan, and is at or belov
control point of 5.03.
2. The site is physically suitable for the type and density of the development 5
is adequate in size and shape to accommodate residential development a1
proposed.
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3. The Planning Commission has, by inclusion of an appropriate condition to this ensured that the final map will not be approved unless the City Council finds th service is available to sexve the project. In addition, the Planning Commission h
a condition that a note shall be placed on the final map that building permits m: issued for the project unless the City Engineer determines that sewer service is a
and building cannot occur within the project unless sewer service remains avail: the Planning Commission is satisfied that the requirements of the Public Facilities
of the General Plan have been met insofar as they apply to sewer senice for G
4. School fees will be paid to ensure the availability of school facilities in the
School Disnict.
Park-in-lieu fees are required as a condition of approval.
All necessaxy public improvements have been provided or will be required as CI
of approval.
The applicant has agreed and is required by the inclusion of an appropriate cor
pay a public facilities fee. Performance of that contract and payment of the fee w
this body to find that public facilities will be available concurrent with need as
by the General Plan.
The proposed project is compatible with the surrounding future land u
surrounding properties are designated for ResidentiaVOpen Space developmei
General Plan.
An EIR was p-epared for this project and has been recommended for cdcatil
Planning Commission. The EJR (EtR 89-1) identified a number of potentially s
impacts created by this project and possible mitigation measures to reduce thes
to a level of insignificance. These mitigation measures have been incopratec
project through redesign or conditions of approval, to reduce all impacts to
insigdicance.
The intent of all mitigation measures proposed in FJR 89-1 are conhe
Resohtion by way of either specific conditions of approval or in Attachment '
contains mitigation measures that have been modified to: confom to City Pa
expanded to more adequate€y mitigate the impact; or, tied to a specific
constructiorm so that they could be more easily monitored. Application of these
mitigates amlidemhl * impacts to a level of insignificance.
The applicant is by condition, required to pay any increase in public facility fe
construction tax, or development fees, and has agreed to abide by any I
requirements established by a Local Facilities Management Plan prepared pu
public facilities and will mitigate any cumulative impacts created by the projec
5.
6.
7.
8.
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10.
11.
Chapter 21,190 of the Carlsbad Municipal Code. This will ensure continued avai
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12. This projiect is consistent with the Citfs Growth Management Ordinance a:
conditioned to comply with any requirement approved as part of the LO Management Plan for Zone 19.
This project was subject to Chapter 21.95 of the Carlsbad Municipal C(
0rdinanc:e) and meets all the requirements of that Chapter to ensure
The Tentative Map (Cr 89-19) satisfies all requirements of the Zoning ordl
21), Subdivision ordinance ("iie 20) and the State Map Act
The project is consistent wit;h all policies of the Mello II Local Coastal Pros
The proposed project as conditioned is in compliauce with the City's Noise P
The proposed project is cons5sten.t with the Interim Open Space Ordinance.
13.
treatment of the City's hillside resources.
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Conditions :
1. Approval is granted for CT 89-19, as shown on Exhibit(s) "A" - "I", dated Sc
1990, incorporated by reference and on file in the Planning Department. 1
shall occur substantially as shown unless otherwise noted in these condition
The developer shall provide the City with a reproducible 24" x 36", mylar 2. Tentative Map and Site Development Plan as approved by the Planning Corn
Tentative Map and Site Development Plan shall reflect the conditions of apF
City. The Map and Plan copies shall be submitted to the City Engineer prior
grading or improvement plan submittal, whichever occurs first.
A 500' scale map of the subdivision shall be submitted to the Planning Dire
the recordation of the final map. Said map shall show all lots and street2
adjacent to the project.
This project is approved upon the express condition that the final map 5
approved unless the City Council finds as of the time of such approval that SI
is available to serve the subdivision.
This project is approved upon the express condition that building permits
issued for development of the subject property unless the City Engineer detc
sewer fa(%ties are available at the time of application for such sewer pem
=P-
This project is also approved under the express condition that the applicant p;
facilities fee adopted by the City Council on July 28,1987 and as amended 1
time, and any development fees established by the City Council pursuant to Cf of the Caxlsbad Municipal Code or other ordinance adopted to implemer
management system or facilities and improvement plan and to fulfill the
3.
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5.
continue to be available until time of occupancy. This note shall be placed
6.
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agreement to pay the public facilities fee dated June 15, 1989, a copy of which
with the City Clerk and is incoprated by this reference. if the fees are not application will not be consistent with the General Plan and approval for this prc
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the f 7. as required by Chapter 20.44 of the Carlsbad Municipal Code.
8. The applicant shall provide school fees to mitigate conditions of overcrowding i
building permit application. These fees shall be based on the Carlsbad Unifie
District No. 1 (Mello-Roos) fee schedule in effect at the time of buildin
application.
Water shall be provided to this project pursuant to the Water Service agreement
the City of Carlsbad and the Carlsbad Municipal Water DishiCt, dated May 25,
This project shall comply with all conditions and mitigation required by the Zone
Facilities Management Plan approved by the City Council on December 2
incorporated herein and on file in the Planning Department and any future ame
to the Plan made prior to the issuance of building permits.
9.
10.
11. If any condition for construction of any public improvements or facilities, or the of any fees in lieu thereof, imposed by this approval or imposed by law on this pi
challenged tlhis approval shall be suspended as provided in Government Codc
65913.5. If any such condition is determined to be invalid this approval shall b
unless the City Council detennines that the project without the condition comF
all requirements of law.
Approval of this request shall not excuse compliance with all sections of the
Ordinance and all other applicable City ordinances in effect at time of buildin
issuance.
Approval of CT 89-19 is granted subject to the approval of ZC 89-6, SDP 89-7, HI
12.
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and EIR 89-9.
14. The applicant shall establish a homeowner's association and corresponding cc
conditions and restrictions. Said CC&R's shall be submitted to and approvec
Planning Director prior to final map approval. The CC&R's shall include p specifying: (1) homeowner's assodation maintenance responsibiiity for d nat
parking lot, iand (2) that no private development (ie. rearyard st~~ctures or land
shall be permitted within this open space. Public access, Iandscaphg or oth( utiliries as approved on the Landscape Concept Plan (Exhibit "G', dated !Septa
manufactuTed project open space areas trcluding the wetlands bu€fer area, public
1990) ShaIl be permitted.
Prior to ha1 map approval the project applicant shall:
(A)
15.
Submit evidence satisfactory to the Planning Director that an offer of d<
of all onsite wedands to the State Lands commission has been made,
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(B) hdly offer to dedicate in perpetuity to the City of Carlsbad zil
easement over open space lots 49, SO, 61,77,78 and 79, ad
Q Jmvocably offer to dedicate m Perpetuity to the City of carlsbad a and public access trail easemat within the wetlands buffer area.
Prior to final map approval, the project applicant shall offer to dedicate a:
easement for the Batiquitos Iagoon Public Td from Fiod Court to the 1-5
Prior to the ocmpamy of any of the dwelling units, the project applicant shal
to const~~ct a sound atteawition walvberm ranging between 6 and 8 feet in the western and/or southem property lines of lots 41,42,43,44,45,46 and 4
with the reco~tioons of the Supplemental Noise Anaysis for Broccato
Shores, (Recon, 1990).
16.
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18. Priortotheoccupancyofunitsonlots40-48,mechanrcal * ventilationshal to be incorporated into these structures consisteut with the recomma&
Supplemental Noise Analysis for Bmcato at Batiquitos Shore (Recon, 199C
19- Prior to the occupancy of units on lots 44,45, s6 and 48, fully enclosed n
inch glass or plexiglass balcony barriers shall be required to be constructed 1
story unit balconies.
This project is approved subject to the condition that residential water measures mcluding water efficient plumbing fixtures in conformance with Sti
Laws and Policies, be incorporated into the projea's des@
prior to the recordation of the first final tract map or the issuance of residex permits, whichever is first, the owner of record of the property within the b
this tentative tract map shall prepare and record a notice that this property
overflight, sight, and sound of airaaft operating from McClellan-Palomar
manner meting the approval of the Planning Director and the City At
applicant shall post aimaft noise no-tion signs in all sales andlor 1
associated with the new development The number and locations of said s
approved by the Planning Director.
20.
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22. The applicant shall submit a street name list consistent with the City's street
subject to the Planning Director's approval prior to find map approval.
An exterior lighting plan for the trailhead parking area shall be submitted
Director approval. All lighting shall be designed to reflect downward an
impacts on adjacent homes or property.
This project is approved subject to the under&ambg that d required imp
material shaIlbe obtained from the Aviara Master Plan Area. If this importeC chained fromanyothesarea, then a complete ermironmentalreview and otl
pmit5shallberequired.
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25. The appiicant shall prepare a detailed landscape and irrigation plan which
submitted to and approved by the Planning Director prior to the issuance of g
building permits, whichever occurs first. All resideutial streets trees proposed
required to lbe low canopy trees (Le, Carob or Evergmm Pear).
A master plan of the existing onsite trees shall be provided to the Planning Direct of the final grading plan to detexmine which trees shall be required to be preser
to the issuance of a grading permit or a building permit, whichever occurs first
All landscaped areas shall be maintained in a healthy and thriving condition, weeds, &ash, and debris.
Existing onsite trees shall be retained wherever possible and shall be trimme
topped. Dead, decaying or potentially dangerous trees shall be approved for r(
the discretion of the Planning Department during the review of a Master Plan :
showing existing onsite trees. Those trees which are approved for removal
replaced on a tree-for-tree basis as required by the Planning Department,
The developer shall install street trees at the equivalent of 40-foot intervals
public street frontages in conformance with City of Carlsbad standards. The tree
of a variety selected from the approved Street Tree List.
Preliminary landscape plans shall be submitted.
All landscape plans shall be prepared to conform with the Landscape Guideline
and submitted per the landscape plan check procedures on file in the
Department,
Landscape plans shall be designed to minimize water use. Lawn and other zonl
(see Landscape Guidelines Manual) shall be limited to areas of special visual in
or high use.. Mulches shall be used and irrigation equipment and design shal
water conservation.
The developer shall avoid trees that have invasive root systems, produce exces
and/or are too large relative to the lot size.
Prior to find occupancy, a letter from a California licensed landscape architec
submitted to the Planning Director ce-g that all landscaping has been in
shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of Californii
The applicant shall pay a landscape plan check and inspection fee as required 1
20.08.050 of the Carlsbad Muniapal Code.
The first set of landscape and kigation plans submitted shall include submittec
plans, improvement plans and grading plans.
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38. All landscape and higation plans shall show existing and proposed contou match the grading plans in terms of scale and location of improvements.
Mature trees which are removed shall be replaced one to one with minim1 specimen. Each case shall be reviewed by the Planning Director.
The number of trees in a residential project shall be equal to or greater than of residential units.
The developer shall display a current Zoning and Land Use Map in the sales
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distriiuted or made available to the public shall incl
be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applicant s
a reduced version of the approving resolution (including Attachment "A") 01
blueline drawing. Said blueline drawing(s) shall also include a copy of an
Coastal Development Permit and signed approved site plan.
Approval is granted for HDP 89-37, as shown on Exhibits "C" - "F", dated Se
1990, incorporated by reference and on file in the Planning Department. I
shall occur substantially as shown on the approved exhibits. Any proposed w development substantially different from this approval as determined by 1
Director, shall require an amendment to this Hillside Development Permit.
This project is approved subject to compliance with aIl conditions of approva Attachma .A".
Prior to the issuance of a grading permit or the recordation of the final mal
appbnt shall receive a Coastal Development Permit that approves develol in substantial conformance with this City approval. The Coastal Pexmit shal
to be submitted to the City Planning Department for review prior to the i
gradingpermit
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1 Ennineexinn Conditions:
47. No grading pennits shall be issued for this subdivision prior to recordatioi
maPo
The developer shall obtain a grading permit prior to the commencement oi
or grading of the site.
Upon completion of grading, the developer shall ensure that an "as-graded"
be submitted to the City Engineer. The plan shall clearly show all the geolo
by the grading operation, all geologic corrective measures as actually constru
48.
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be based on a contour map which represents both the pre and post site grading. 1
shall be signed by both the soils engineer and the engineering geologist. The p be prepared on a mylar or similar drafting film and shall become a permanent I
A separate grading plan shall be submitted and approved and a separate gradin 50.
issued for the borrow or disposal site if located within the city limits.
51. Prior to hauling dirt or construction materials to any proposed construction site w
project the developer shall submit to and receive approval from the City Enginet
propssed had route. The developer shall comply with all conditions and require1 City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this I prevent offsite siltation. Planting and erosion control shall be provided in accork
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
The developer shall construct desiltatioddetention basins of a type and siz
locations as approved by the City Engineer. The developer shall enter into a d
basin maintenance agreement and submit a maintenance bond satisfactory to Engineer prior to the approval of grading, building permit or final map which ev
first foir this project. Each desiltation basin shall be serviced by an all
access/maintenance road. The provisions of this agreement shall apply to a~
borrow sites which may be utilized in the construction of this project as require
City Engineer.
Rain gutters must be provided to convey roof drainage to the front yard wl ere fi
52.
53.
54. the satisfaction of the City Engineer, ,
55. Additional drainage easements and drainage structures shall be provided or insti
to the issuance of grading or building permit as may be required by the City E
The developer shall make an offer of dedication to the City for all public SI
easements required by these conditions or shown on the tentative map. The (
be made by a certificate on the final map for this project. AU land so offerel
granted1 to the City free and clear of all liens and encumbrances and without c
City. Streers that are already public are not required to be rededicated.
Direct access rights for all lots abutting Batiquitos Drive shall be waived on the
Except for the 30 foot opening to Lots 63 and 64.
Prior tct approval of any grading or bdding permits for this project, the owner
written consent to the annexation of the area shown within the boundaries of th
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
shall he provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The I
shall provide adequate means of eliminating grease and oils from drainagt
discharge ~shownonthed~~~~po~ucantreductionbasindetalledc
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"A" and 'G" dated September 18, 1990. Final plans for such improveme
approved by the City Engineer prior to issuance of grading or building pem
Plans, specifications, and supporting documents for all improvements shall bt the satisfaction of the City Engineer. Prior to approval of the final map in
With City Standards the Developer shall install, or agree to install and
appropriate security a~ provided by law, improvements shown on the tentai the following improvements:
unit 1
A.
60.
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Extension of storm drain from Broccato Lane North along Batiqi
connect to the storm drains in Poppy Lane and Daisy Lane i~
proposed or existing drainage inlets on Batiquitos Lane south of
Batiquitos Drive from its existing terminus to the projects eastern
modified secondary arterial standards shown on the tentative m
All street, drainage and utility improvements within the Unit 1 1
The desiltationhnban pollutant reduction basin located at the :
the project site, per Exhiiits "A" and "G", dated September 18, 1
B.
C.
D.
E. Modification to existing desiltation basin outlet pipe at Batiquit Poinsettia Lane to bring it into compliance with present design
UNt 2
A. All street, drainage and utility improvements within the Unit 2 1
A note to this effect shall be placed on an additional map sheet on the final
provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
Some improvements shown the tentative map and/or required by these c(
located offsite on property which neither the City nor the subdivider has sufl
interest to permit the improvements to be made without acquisition of titl
The Developer shall conform to Section 20.16.095 of the Carlsbad Municip,
Irnpr0ve:ments listed above shall be constructed within 18 months of final m
hiption systems to accommodate future reclaimed water shall be designf
with Title 17 of the California Administrative Code. Offsite future red
distniution systems should be anticipated by the installation of adequately
at crossing points to minimize street excavation
Prior to approval of the final map the developer shall enter into an apeem
City to pay any drainage area fees established as a result of the forthco
Drahage Plan Update.
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PC RES0 NIO. 3110 -9-
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65. The developer shall comply with all the rules, regulations and design requiremc
respective sewer and water agencies regarding services to the project.
66. The developer shall be responsible for coordination with S.D,G.&E., Pacific Telei Cable TV authorities.
All concrete tenace drains shall be maintained by the homeowner's associat
commonly owned property) or the individual property owner (if on an individu:
lot). An appropriately worded statement clearly idennfying the responsibilit
placed in the CC&R's.
Approval of this tentative tract map shall expire twenty-four (24) months fro1 of City Council approval unless a final map is recorded. An extension may be
by the applicant. Said extension shall be approved or denied at the discretion
Council. In approving an extension, the City Council may impose new conditio1
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Munic
The applicant shall agree to utilize reclaimed water, in Type I form, on tl
property in all common areas as approved by the City Engineer. Reclaimed
defined in Section 1305(n) of the California Water Code, means water which,
of treatment of wastewater, is suitable for a direct beneficial use or controlle
would not otherwise occur.
Direct access rights for hts 2, 15, 17,26,27,33, 34, 39,47 and 55 in and tt
Lane shall be waived on the final map.
The median landscaping in J3atiquitos Drive shall be maintained in perpetu
homeowners assoCiation or a maintenance district as may be established to the s
of the City. Prior to the final map approval, appropriate wording and
requirements shall be included in the CC&R's or a maintenance district shall be f
to the satisfaction of the City Engineer and City Attorney.
This project is approved as a two unit project. Should the developer decide ta
and develop out of numerical sequence with the units shown on the tentati
conditions and improvement requirements of the proceeding unit shall be compl sati~f~ti~~. of the City Eugineer.
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68.
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69.
70.
71.
72.
72(A) Prior to the issuance of building permits for Ints 33, 34, 3948 and 535
disclasure .M be placed on the deed to these properties subject to the satisfad
Planning fhxtor and City Attorney notifying all interested parties and SUC inrerest that soils and geologic conditions exist on such property requiring
measures specified in geotechnical and soils repom submitted for this projec these soils and geotedmical reports and other project details are on file with t
carisbad Planning Department. The Developer has been conditioned to comply medial rmeasures and certifies that it (developer) has complied with said me;
The lots in the lower portion of the pmject (lots 33,34,39-48,53,54,55 and !
are at or 1Mow the existing 20 foot contour, are underlain with saturated
73.
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mat- ;and are subject to some setdement due to liquefaction during a se
Even though remedial measures have been proposed to mitigate these sei!
impacts same danger to the pad or structures located thereon may still,
developer shall therefore record a soils and geotechnid hold haxmless agr form acceptable to the City Engineer and City Attorney prior to final map a
addition a geotechical caution notice writren in verbiage acceptable to the C sballbe placed on the finalmap for Unit 1.
All gxading don control and building site plan design and construction sh
the req- of the Earth and Hydrological Mitigaton Measures c
Appendix L of the final enviro- impact report for the project
Grading operations shall be limited to the daJls between J~ne 1 and Octo1
otherwise approved by the city Engineers Planning Director and California Dc Fish and Game and Coastal Coxumissio~ Any approval to grade prior to JUI
based upon infomation satisfactoxy to the above agencies that such gradi
negatively impact the California Black Tded Gnatcatcher.
Prior to pding permit issuance, the developer shall submit a dust control prc
site for approval of the City Engineer. The pro- shall detail the mm
to comply with the Air quality mitigationmeasures as contained in Appendix 1
Environanental Impact Report for the project
No buildling permit shall be issued for the project until and unless there
capacity within the Batiquitos lift station as determined by the City Engine
One of the model Units for this project shall be landscaped with drought to1
subject bo the approval of the Planning Director. hior to issuance of buildin
the model unh, the developer shall prepare a homebuyers landscaping inforn
which includes infomtion on drought tolerant landscaping designs pl
recommended trees and schrubs, and a one page letter containing the SI
landscaping recommendations for the building pad sites. This packet shall
by the City Iandscape Planchecker and induded within the discloslll
homebuyers during sale of the property.
~ased upon a review of the proposed grading and the pxiing quantities s
tentative map, a gxading permit for tbis project is required. Prior to appro
map for the project, the applicant must submit and receive approval for gra
accordance with City codes and standa~ds, be issued a grading pedt and
gradingworkin~ * confoxmance with the approd grading plans.
The deshtionbasin located at the south end of the project site willbe main
Homeovvners Association on a permanent basis. The assoCiation agreemen and the project cc&R's shall contain provision for the regular mainten;mc e
the facility to the satisfaction of the Cily Enginerand Cily Attow.
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80.
PC RES0 NO. 3110 -11-
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Water Conditions:
81. The Develcrper shali meet d co~ons of the District's adopted Master Ph
Developer shall install all offkite water improvements necessary to provide pressme arid demand.
The Devdqm shall meet withthe Fire Marshal and the Dhkt Engineer and I
prrliminarJr water system layout PRIOR to preparation of the mylar improvem~
he evel lo per ~hall be responsible for the coLlstNction of the entire water s appurtenances (which includes the construction of water lines, pressure reduc
and the relocation of edstingwaterline). The Developer must meet with the 1
part m installing the 16" water line instahti0 resolve DevelopWIMnct
Intmtate No. 5.
The Developer will be responsible for all fees and deposits of subject project in(
major facilities charge which will k collected at time of issuance of building
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Fire Conditions:
85. Additional public and/or onsite fire hydrants shall be provided if deemed nece: Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of e
proposed fire hydrants and onsite roads and drives to the Fire Marshal for ap1
to issuance of a building permit.
An &-weather access road shall be maintained throughout construction.
AU required fire hydrants, water mains and appurtenances shall be operatioi
combustible building materials begin located on the project site.
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87.
88.
89. Fire retardant roofs shall be required on aII structures.
90. Brush clearance shall be maintained according to the specifications containec
of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkle1
systems pertinent to the project shall be submitted to the Fire Departnient f
prior to construction.
91.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
of the City of Czlrlsbad, California, held on the 17th day of October, 1990, by the fo
to wit:
AYES: Chairperson Schramm, Commksioners: Schlehuber, McFadder
Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes,
ABSTAIN: None.
dhw.& SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSIC
ATTEST:
/"
&&/$24j?d b mw~/~. Ho~MILL~R
PLANNING DIRECTOR
PC RES0 NO. :3110 -13-
' ATTACHMEN' e
BROCCATO
MTllGhnON MEMIRES
I. Earth
1. Prior to the issuance of my grading permits, the applicant shall submit a detailed,
comprehensive geotechnical evaluation prepared by a professional soils engineer for the review and approval of the city Engineera
Areas of alluvial and coliuvial soils shall be indicated on the grading plans. A note shall be placed on the grading plans which indicates, "Alluvial and colluvial sods
shall be completely removed to the depth at which bedrock is encoumed in area
which will support structures or structural fiu Partial removal of at least 5 feet of alluvium in the main valley floor shall be performed in areas where the depth of
alluvial material precludes total removal"
All fill grading operations shall be supervised by a professional soils engineer.
During the grading period, the applicant shall; install a minimum of three settlement monuments at the prepared surface of the alluvium, the pipe extended to the surfaci
as fill is piaced, and levels shot by the project surveyor. Prior to issuance of an
building permits, primary settlement shall be complete. This provision shall b(
monitored by a professional soils engineer.
Prior to issuance of Certificates of Occupancy for structures planned in the alluviur
area as idendfied on the grading plan, the developer shall &tall heavily reinfarce
foundation systems per the recommendations conrained in the Geotechnical Repor
Prior to issuance of any building pehts, the developer shall submit for review ar
approval to the City Building Department plans which conform to the L'nifor
Building Code (UBC) and the Civs Seismic Design Standards.
During the consmction period, a profession soils engineer shall monitor tempora
catch basins and shall ensure that collected sediments are properly disposed at
Class II or Class 111 soil disposal site. A note to this effect shall be placed on d
approved grading plan.
Grading operations shall be limited to the days beween June 1 and October
unless othuwisc approved by the City Engineer, Planning Director, Coasl rdmmiuion and California Depment of Fish and Game.
2.
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5,
6.
7.
8.
11. Air q&g
9. A note shilll be placed on all grading plans spcdfying that pading shall be done
compliance with SDAPCD and CARB standards and requirements and dust cont
standards in Title 24 of the California Administrauve Code. The City Engineer Department shall monitor for compliance during all grading operations of
project.
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10. A note shall be placed on d pchg plans specifying that watering of the grade site shall rake place before and during grading operations to minimize du gmuation, A water W~k/trUcks shall be required to be onsite at all times to d
for compliance during all grading operations of the project.
sa&factian of the City Engineer. The City Engineering Department shall rnonit
111. Hvdrolozy
I 1. Gravel bags shall be placed in guttas and other locations during the period bewe, October 1 to April 15 to the satisfaction of the City Engineer.
All graded pads not intended to be immediately built upon and cut/fiU slopes sh be hydroseeded, fedized and hydromulched with a seed mix approved by the C Engineer immediately following their completion and not later than October 1
each year.
The applicant shall prepare and submit a detailed Habitat Enhancement Landsc
and Irrigation Plan. This plan shall require the approval of the Planning Dire(
and the Department of Fish and Game, prior to the issuance of a grading perm
12.
13.
14. The applicant shall maintain the planrings and erosion control devices on the until relieved of the responsibility by the homeowners association or the q
Engineer.
Prior to grading perniit issuance, the applicant shall submit for the review
approval by the City Engineer, a plan for emergency erosion conuol inch
provisions for equipment and workers to be available at all times during the r
season (October 1 to April 15). All necessary emergency erosion conuol del
shall be stockpiled on the site at convenient locations to facilitate rapid construc
of temporary devices when rain is imminent. AU removable erosion control del shall be in place at the end of each working day when the five day rain probal
forecast exceeds 40 percent.
The applicant shall install any erosion control measure, in addition to t
identified on the approved grading plan, as required by the City Engineer dr
incomplete grading operations or unforeseen circumstances which may arise.
15.
16.
17. A natt shall be placed on the grading ph indicating that at the conclusion of
working day, all graded areas around the project perimeter must drain away the face of the slopes.
N. Biolom
18. Areas of biological sensitiviv, including lagoon wetlands, wetlands buffer, c'
salt marsh and areas of Coastpi Sage Saub where development is not to according to the site plan, shall be idded and noted as being off-lixni
comuucaon activity on the pding plans. These areas shall be staked and fl in the field by a qualified biologist acceptable to the Planning Director.
qualified biologist shall certify through biweekly written repom, that the sei areas are not being disnubed.
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19. Prior to the hce of a grading permit, the appbnt shall submit a detailed Habitat Enhanmnent Plan for review and approval by the Planning Director and the caiifornia Dtpment of Fish and Game. Prior to the issuance of any Certificates
of Occupancy, the developer, in consultation with a qualified biologist experienced in native plant restoration work, shall implement the Habitat Enhancement Plan as
approved. As part of the Habitat Enhancement Plan, the wetland and wetland buffer area shall be enhanced and restored to its ~Wal condition by revegetating
tracks and other disturbances. Equipment to be used to complete such wetland and
buffer enhancement shall be spedficd by the Department of Fish and Game.
Prior to issuance of a grading permit, the appiirtnt shall submit for the review and approval of the Planning Director evidence confirming that a quaiified consukinj biologist has been retained to supervise and monitor biological mitigation durinj
construction.
Prior to the issuance of any grading pennit, the applicant shall provide evidencl acceptable to the Planning Director that the consulting biolopt has attended a least one meeting with the general consauction contractor to become acquaintec
with the construction schedule and to familiarize the conuactor with the require#
biological mitigation conditions.
During the grading and construction phase of the project, the consulting biologi
shall monitor grading adjacent to native vegetation to be presewed or when an
construction is under way in the designated wetiand buffer. The biologist ma
temporarily halt, divert, or redirect construction activity to insure that impacrs I
biological resources are minimized. The consulting biologist shall restrict access t
sensitive areas, inform construction workers about out-of-bounds areas, and rnonir
the work as it proceeds.
The consulting biologist shall supenrise revegetation of aU native or enhancc
habitat areas according to the specifications of the Habitat Enhancement Plan. A
biological resource areas inadvertently or accidentally disturbed shall be subject
restoration to the satisfaction of the Department of Fish and Game and the Planni~
Director.
Prior to building perrnit issuance, a program which provides for the monitoxing
the biological resources and the Habitat Enhancement Plan for a period of five ye;
and which mquirCr that reports be filed with the Department of Fish and Game a tk City of Carlsbad on an annual basis shall be submitted for reyiew and appro? by cbc PLannzing Director. Any corrective action rqucstcd in writing by the C
Phnning Director or the Deparunent of Fish and Game to achieve compliance w the pals of: the Habitat Enhancement Plan during this five year period shall implemented within 60 days or as specified by the City.
Prior to issulance of a grading permit, the applicant shall record a deed mmct
over the entire 100-foot wetland buffer setback area to resmct the property for 01
spacdwildllfe uses ow, except for the following: a) public access provided by
uail, road, ;and parkjng lot as shown on the final map, and b) a ddtation ba
Private impmvemen~, such as storage buildings, pooh, spas, etc., shall
specifically prohiiitd
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26. Prior to the issuance Of any building permit, the applicant shau submit evidencl =tisfretory to the Planning Director that an offer of dedication of the wetland an
wedand buffer has been made to the State Lands Commission.
V. Noise
27. Prior to the ~X~MCJT of any of the dwelling Units, the project applicant shall k required to consfruct a sound attenuation wallberm ranging between 6 and 8 €e in height dong the wcrtent and/or southern prom lines of lots 41, 42,434
45, 46 and 48 consistent with the recommendations of the Supplemental Noi
Analysis for Broccato at Baaquit- Shores, (hn, 1990).
Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall 1
required tal be incorporated into these structures consistenr with t recommendations of the Supplemental Noise Analysis for Broccato at Bauquil Shore (Recon, 1990).
Prior to the occupancy of units on lots 44,4S, 46 and 48, fully enclosed 3/8 in glass or plexiglass balcony barriers shall be required to be constructed on all secc
story unit balconies.
Prior to the recordation of the first final tract map or the issuance of residen
building permits, whichever is first, the owner of record of the property within
boundaries of this tentative tract map shall prepare and record a notice that I
property is subject to overflight, sight, and sound of aircraft operating from Palo
Airport in zi manner meeting the approval of the Planning Director and the 1
Attorney. The applicant shall post aircraft noise notification sip in all sales anc
rental offices associated with the new development. The number and location
said signs shall be approved by the Planning Director.
Prior to issuance of any Certificate of Occupancy, all required noise mitigauo specified b1 the Supplemental Noise Analysis for Broccato at BatiqUitos Sh
(Recon, 1990), shall be complied with and construction of the residences sha
in conformance with the approved ph to the satisfaction of a City Buil
Department Inspector.
A note shall be placed on all building plans specifying the hours that CONUU~
activities my occur. The City Building Inspector shall stop construc~on acci on tbt sittt between the hours of sunset and 7 a.m. Monday through Friday
nmKt thn~gh 8 a.m. on Sanuday. No constxuction will be permitted on Sun
M consmaion quipment, fixed or mobile, operated within 1,OOO feet '
occupied dwelling unit shall be quipped with properly operating and maint maer exhaust systexns. This provisions shall be monitored by the City Btu
Department Inspector.
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VI. LandUsq
34. hior to isuance of any Certificates of Occupancy, the applicant shall install a bder as idcntificd on the Final Tract Map, dong the southern edge of the
Batiquitos Lagoon uail to provide a barrier to access. Interpretive signs, consistent
with those along: the Ah trail, shall be provided at the nail head and/or along
the trail at facacinns subject to the review and approval of the Planning Direcror.
VI. Utilities
35. The project shall implement water cOmQvatiOP mtasuns such as warer-effiuent plumbing Qmues and water reclamation standards in confonnance with State and
Local Law and Policies.
VIII. Cultural Resource
36. Prior to issuance of any grading permits, the location of SDi-600 shall be identified with stakes and flagged as off-limits to consauction activity or grading associated with the project. The marking devices shall remain on the site at all times during
project consmction.
SDi-600 shall be identified on the grading plans as off-limits to all consmction
activity.
37.
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PLANNING COMMISSION RESOLUTION NO. 3111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
UNITS ON PROPERTYGENEMLLY LOCATED ALONG THE NORTH
SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER
HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. ME NAME: BROCCATO
CASE NO: SDP 89-7
SITE DEVELOPMENT PLAN FOR 72 SINGLE FAMILY DWELLING
WHEREAS, a verified application has been filed with the City of Ca
referred to the PWg Commission; and
WHEREAS, said verified application constitutes a request as provided
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, thi
Commission did, on the 17th day of October, 1990, consider said request on propefi
as:
All or portions of lots 1, 11 and 12 in Section 33, Township 12
south, Range 4 west, San Bernardino Meridian.
WHEREAS, at said public hearing, upon hearing and considering all tes
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to SDP 89-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Coe
City of Caxlsbad is follow:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission I
conditions:
APPROVAL of SDP 89-7, based on the following findings and subject to tI
Findinns:
1. All findings of CI' 89-19, Resolution No. 3110, and EIR 89-1, Resolution Ni
incoxpomted herein by refe!rence.
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2. That the reqtli?Sted u~e is popedy related to the site, surroundings and envkoIL
sethgs, is~~&mtwiththevarious elements andobjectives of the general plan,^ be!dethewd to existhguses or to uses specifically pennitted in the area in wh
praposed use is to be located, and will not advmdy impact the site, suxroundi traffic circulation.
That the site far the intended use is adequate m size and shape to accommodate t
That all of the pards, setbacksy walls, fences, landscaping, and other features neces
adw the requested use to existing or permitted future uses in the neighborhood
3.
4.
provided and maintained.
l!W=-+dbY~PraposedUse.
5. That the street system seming the proposed use is adequate to properly handle all
6. That the project has been designed to address the environmental considemtion
location within the Batiquitos Iapn Special Resource Area.
Conditions:
1. All conditions of CX 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 31
incorporated herein by reference. Refer to these documents for all conditioi
Approval of SDP 89-7 is granted subject to the approval of ZC 89-6, (JT 89-19, El
mitigation measuTg applicable to the development of the Broccato project site.
2. and HDP 89-37.
3. Approval is @anted for SDP 89-7, as shown on Exhibit(s) "A" - T, dated Septem
1990, incorporated by reference and on file in the Planning Department. Develc
shall occur substantially as shown unless otherwise noted in these conditions.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of 1
Commission of the City of Carlsbad, California, held on the 17th day of October,
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber Erwin and Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
-&
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSIOP
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PIAN"G COMMISSION REsoLunoN NO. 3112
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD
PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE 01
BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT ANI WEST OF THE AvlARA MASTER PLAN.
CASE NAME: BROCCATO
CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMEN
CASE NO.: HDP 89-37
WHEREAS, a verified application for certain property to wit:
All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range
west, San Bemardino Meridian,
has been filed with the City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, said verified application constitutes a request as provided by Title
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of October, 1990, con
request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and ai
if any, of all persons desiring to be heard, said Commission considered all factors relat
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission ref
APPROVAL of HDP 89-37, based on the following findings and subject to the
conditions:
A)
1 B)
Findinns:
1. M findiner of n 89-19, Resolution No. 3110, and EIR 89-1, Resolution No.
incorpo~~hereinbyref~e
2. The project complies with all of the development and design provisions oft
3. The net grading amou@ of 7988 cubic yards per acre falls within the accepi
required by the Cily Hillside Development ordinance.
EXH
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4. The project does not encroach into major 40% slope areas or create manufactx greater than 30 feet m height.
Tbr project (1) preserves and ezhnces offsite and onsite lagoon view rrspec ~allsteephibidesandsensltnre * * en~~entalresource!s in open spat
incorporates tenaced pads and contour grading into its design.
5.
Conditions:
1. All conditions of CT 89-19, Resolution No. 3110, and EIR 89-1, Resolution No
incarpatated herein by reference. Refer to these documents for all cond
l~~easures applicable to the Bmccato project
Approval is granted for HDP 89-37, as shown on Exhibit(s) "CY - "F", dated Sep
1990, incorporated by reference and on file in the Planning Department. Dc
shall occur substantially as shown unless otherwise noted in these condit
proposed grading and/or development subscantlally * diffemntfromthisa
determined by the Planning Director, shall require an amendment to tfi
Development Permit
Approval of HDP 89-37 is granted subject to the approval of ZC 894, C" 89-15 and EIR 89-1.
2.
3.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Co
of the City of Carlsbad, California, held on the 17th day of October, 1990, by the follov
to wit:
AYES : Chairperson Schramm, Commissioners: Schlehuber, McFadden, E
Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
1 - &/-
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
A'ITEST. i 7
m&!f$&+ HAT ' J. HOLZMIL R
b'PLA"ING DIRECTOR
1
PC RES0 NO. 3112 -3-