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HomeMy WebLinkAbout1993-03-02; City Council; 12085; Aviara Planning Area 12C-Y OF CARLSBAD - AGE-A BILL vq A6 # &?i!=- TITLE: REQUEST FOR AN EXTENSION OF TIME MTG. WOW3 FOR THE TENTATIVE MAP FOR CARLSBAD DEPT. ENG TRACT 89-39, AVIARA PLANNING AREA 12 CITY MGR. w I RECOMMENDED ACTION: Adopt Resolution No. 9 3 - Y 0 granting a one year extension of time for the tentative map for Carlsbad Tract 89-39, Aviara Planning Area 12. I ITEM EXPLANATION: Aviara Land Company and Republic Development Company have requested an extension of time for Carlsbad Tract 89-39, Aviara Planning Area 12, a 108 Planned Unit Development condominium project. The project is located in Local Facilities Management Plan (LFMP) Zone 19, south of Alga Road approximately 1 .O mile west of El Camino Real. The tentative map was originally approved on October 2, 1990 in accordance with City Council Resolution 90-358 giving the original developer, A-M Homes, two years to complete the requirements to obtain a final map. Within this time frame, the original developer considered various strategies for development but eventually abandoned the project. Additionally, during this period, the process was complicated by a deed restriction trade through the Coastal Commission, which was only recently resolved. In January 1992 Aviara Land Company and Republic Development Company took ownership of the project and they have been diligently attempting to meet the requirements to obtain a final map. Staff concurs with the applicant that the previously stated transactions did delay the process so that requirements for obtaining a final map could not be met within the two year period. Therefore, staff is recommending that the requested tentative map extension be granted. The applicant has executed an Agreement for Wavier of Prohibition Against the Imposition of Conditions which is on file in the Engineering Department. The original conditions of approval of Planning Commission Resolution 3082 and City Council Resolution 90-358 are still applicable to the project, with the addition of 12 new conditions, as included in the Resolution for this tentative map extension. I FISCAL IMPACT: No detailed economic analysis of this development was conducted. While increased operating expenses related to this development can be expected, these increases should be offset by increased tax/fee revenues; however, an exact percentage of offset was not calculated. GROWTH MANAGEMENT STATUS: Facilities Zone 19 Local Facilities Management Plan 19 Growth Control Point Net Density 12.1 5.93 Special Facilities C.F.D. No. 1 PAGE TWO OF AGENDA BILL NO. Q-jogs I EXHIBITS: 1. Location Map. 2. Resolution No. 93-qo granting a one year extension of time for the tentative map for CT 89-39, Aviara Planning Area 12, with additional conditions included therein, as well as, incorporating all prior conditions of approval. 3. Letter requesting extension. 4. City Council Resolution 90-358. Planning Commission Resolutions 3081, and 3082. LOCATION MAP To Poinsettia Lane AVIARA PLANNING AREA 12 N 0 nts + + + + + + + + + + + To El Camino Real LOCATION: AVIARA PLANNING AREA 12 East of El Camino Real, South of Alga Road EXHIBIT 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 20 - RESOLUTION NO. 93-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO. CT 89-39/AVIARA PLANNING AREA 12 WHEREAS, the City Council of the City of Carlsbad on, October 2, 1990, Adopted Resolution No. 90-358 approving with conditions Tentative Map No. CT 89-39; and WHEREAS, Tentative Map No. CT 8939’would have expired as of October 2,1992; and WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map; and WHEREAS, the project can be found to be in conformance with the General Plan, current City ordinances and current City policies with the imposition of additional conditions; and WHEREAS, the applicant has consented to the imposition of such conditions and has agreed to comply with them; and WHEREAS, both the applicant and the City wish to extend the map subject to and relying upon the additional conditions. NOW, THEREFORE BE lT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That with additional conditions contained herein the design and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code, and any public facility or development policies in existence at this time. 3. That Tentative Map No. CT 89-39 is hereby extended for one year until October 2, 1993, subject to all of the conditions contained in Council Resolution No. 90-358 adopted on October 2, 1990 and the following additional conditions: EXHIBIT 2 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 A. B. C. D. E. F. G. H. - The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. No grading shall occur outside the limits of the project unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands are met. The Developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. Sequentially, the Developer’s Engineer shall do the following: i. ii. . . . III. Meet the City Fire Marshall and establish .the fire protection requirements. Prepare colored reclaimed water use area map and submit to the Planning Department for processing and approval. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. Prior to recordation of the final map, the project applicant or their successor in interest shall guarantee the provision of their proportional share of the City’s 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 total obligation for very low, low and moderate income housing units as specified in the approved Aviara Master Plan Agreement for lnclusionary Housing in place at the time of final map recordation. I. All areas requiring special landscape consideration for the purpose of sight distance shall be identified in the CC&R’s. The landscaping shall be maintained in a manner which does not obstruct sight distance for vehicles driving through the complex or vehicles parked in identified parking areas. Adequate provision for such maintenance shall be included in the CC&R’s subject to the approval of the City Engineer. J. The following statement shall be included in the CC&R’s : “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor on the final map. The underlying property owner shall maintain this condition.” K. Prior to final map approval the applicant shall pay all current fees and deposits required. 4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditions upon the Approval of an Extension of a Tentative Subdivision Map between Aviara Land Company and Republic Development Company and the City of Carlsbad signed by the Aviara Land Company and Republic Development Company on January 8,1993 on file in the office of the City Engineer is approved, and the Mayor is authorized to execute said agreement on behalf of the City. Ill Ill Iii /Ii Ill Ill Ill Ill Ill 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 - 5. 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 Carlsbad City Council held on the 2nd day of MARCH , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Finnila 'I/ NOES: None ABSENT: Council Member Nygaard ATTEST: ALETHA L. FUWTENKRANZ, City Clerk ww AVIARA November 25, 1992 CITY 6F CARk98AK9 ENGlNEERlNG CQUMVER Lloyd Hubbs City Engineer . City of ,Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Subject: Tentative Map Extension Request, CT 89-39 Dear Lloyd: We hereby request that the City of Carlsbad extend the Tentative Map for Carlsbad Tract 89-39. We have attached a check in the amount of $4,475 as a processing fee. As you know, plancheck was delayed as A-M Homes considered various strategies. We have been pursuing plancheck on this project throughout the summer and fall after receiving the property back from A-M Homes last January. The process was complicated by a deed restriction trade through the Coastal Commission that was only very recently resolved. Thank you for your action on this information. CRN/er cc: Larry Clemens Jack Hartung Paul Klukas Randall Streeter CT89-39.acz matter. Please let me know if I can provide EXHIBIT 3 2011 PALOVAK AIRPORT Kom SUITE 206 CARLSLMI, CALIFORNIA 92009 (619) 931-1190 FAX:@IY) 431-7Y50 .- RESOLUTION NO. 90-358 1 2j i’ 3: ii 4: 5 6l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 89-39), PLANNED UNIT DEVELOPMENT PERMIT (PUD 89-191, AND TWO STANDARDS VARIANCES (SV 90-3) AND (SV 90-4) FOR A 108 UNIT CONDOMINIUM PROJECT ON 26 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT - AVIARA PLANNING AREA 12 7 WHEREAS, on August 15, 1990 the Carlsbad Planning 8 Commission adopted Resolutions Nos. 3081, 3082, 3083, 3092 and 3093 9 recommending to the City Council that the mitigated Negative 10 Declaration, Tentative Subdivision Map CT 89-39, Planned Unit 11 Development PUD 89-19, Standards Variance SV 90-3 and Standards' 12 Variance SV 90-4, respectively, be approved: and 2 2 %?a 2-7 WHEREAS, the City Council of the City of Carlsbad, on q$sg 13 6 : 8 8 14 September 18, 1990 held a public hearing to consider the gxi; iijp0 Is5 15 recommendations and heard all persons interested in or opposed to IL +>m< z!g'30 $aad ZOS$ 16 CT 89-39, PUD 89-19, SV 90-3 and SV 90-4; and SE 42 17 WHEREAS, a mitigated Negative Declaration was issued on >-< c 0 0 18 July 5, 1990 and submitted to the State Clearinghouse for a 30 day; 19 review period. All comments received from that review period are' 20 fully incorporated into the conditions of approval for the' 21 tentative map. These conditions will be reviewed through a 22 monitoring program set up for the project. 23 NOW., THEREFORE, BE IT RESOLVED by the City Council of the: 24 ,City of Carlsbad, California, as follows: 25 1.' That the above recitations are true and correct. 26 2. That the mitigated negative declaration on the above' 27 referenced project is approved and that the findings and canditions 28 of the Planning Commission contained in Resolution No. 3081 marked EXHIBIT 4 1 2 3 4 5 6 7 8 9 10 11 ,>m* z$~~ iggz 16 SE 4 17 >-a 5 0 18 19 20 21 22 23 24 25 26 27 28 Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 89-19) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3082 marked Exhibit B and attached hereto are the findings and conditions of the City Council except as amended and with the additional conditions as follows: 1. The findings and conditions of Planning Commission Resolution No. 3082 are revised as follows: a. Finding 9, last sentence: Mello II should be Mello I. b. Condition 6, eighth sentence: 1987 should be 1989. C. Condition 41: Mello II should be Mello I. d. Condition 44: Add "prior to final map" to the end of the condition. e. Condition 67: In second sentence insert word filapprovaltl after word "planB1. f. Delete Condition 81. 2. The subdivision is subject to the additional conditions as follows: a. Any phasing of this project shall be to the approval of the City Engineer and the Planning Director. b. This project shall have a total of nine lots. Lot "7" recreation area as shown on the tentative map shall be combined with Lot "6". The open space lots shall be renumbered Lot 7, 8 and 9. These changes shall be made on the approved tentative map. C. The following areas shall be granted as covenant for easement to all owners of condominium,units (not the Homeowners' Association). These covenants for easements shall be .conveyed by separate document and recorded concurrent with the final map. 1. A common area in perpetuity as a covenant running with the land over the area shown as Lot W7" on the tentative map f being the common area for recreational purposes. 2 i’ 3 II 4: / I 5 I/ 6 I( ! I 'I 81 9 I i 10 11 12 0 &ii a,---: !g. 3 B t! 13 / 8& 14 $zdg mo;g 15 LL s<z 18 19 20 21 22 23 24 25 27 28 2. A common area in perpetuity as a covenant running with the land over all paved areas and sidewalks except individual concrete driveways being th; common area for vehicular access,’ parking and private utilities. 3. A common area in perpetuity as a Covenant running with the land over Lots 1 through 6 inclusive, being the common areas. These covenants for easement shall be binding upon all’ successors, assigns and transfers of covenantor. d. The three open space lots - Lots 7, 8 and 9, shall be deeded over to the Aviara Master Association concurrent with final map recordation per the agreement between the developer and Hillman Properties. 4. Planned Unit Development Permit PUD 80-19 is approved' and that the findings and conditions of the Planning Commission' contained in Resolution No. 3083 marked Exhibit C and attached hereto are the findings and conditions of the City Council except! findings number 4 and 5 are deleted. 5. That Standards Variances for the project, SV 90-3 and! SV 90-4, are approved and that the findings and conditions of the' Planning Commission contained in Resolution Nos. 3092 and 3093 /// //I /// /I/ /// /// /// 3 1 2j I 3 !/ :j 4 !I 5i 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 marked-Exhibit D and Exhibit E and attached hereto are the findings and conditions of the City Counbil. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of October 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: +ne ATTEST: - ALETHA L. RAtiTENKRANZ, city klerk (S-L) . 4 28 Y . . .--- h I I 4 /I 1 I/ 2; 3i 4 ;I 5 j, I 6ji 71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/PLANNED UNIT DEVELOPMENT TO DEVELOP A 108 DWELLING UNIT CONDOMINIUM PROJECT. CASE NUMBER: AVIARA - PLANNING AREA 12 E NO . . 89-39/PUD 89-19 WHEREAS, the Planning Commission did on the 15th day of August, 1990, 8 ji hold a duly noticed public hearing as prescribed by law to consider said request, and g :; il 10 /i 11// 1; 12 !I 13i l4 I/ 15 i/ 16 11 /I l’ 11 18 !/ i, 19 j! 20 21 22 23 24 25 26 27 28 PI ANMNG COMMISSION ~‘LVrtON NO-, 3081 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analysing the information submitted by staff, and considering any written comments received, the Planning Commission considered alI factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are tNe and correct. That based on the evidence presented at the public heating, the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND”, dated July S, 1990, and “PII”, dated June 27, 1990, respe&ely, attached hereto and made a part hereof, based on the following findkgs &nd subject to the following condition: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the envimnment, pmvidai that tk mitigating amditiclnsof~arecomplie!dtith. 2. The site has been previously gmded pttman t to an earkr en,$ronmental analysis. (EIR83-2(A)) 3. The streets are adquate in size to handle traffic generated by the proposed project. II .- I! 2; 3 !I 41 5 !, 6’ 7 81, 9/ 101 11 12 13 i ,’ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I j$i ; , 4. There are no sensitive resources locat+ onsite or located so as to be significantly impacted by this project. Conditions: 1. Prior to the occupancy of any of the dwding units, the project applicant sm constxuct a 6.0 foot high sound attenuation wall between Alga Road and he proposed dwelling units 2-9 along this md. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Planning Area 12 (Mestre-Greve, 1990). Prior to the occupancy of units 2-9, the project applicant shall incorporate all required traffic noise mitigation measure (ie: balcony barriers and mechanical ventilation) into these units as described in the Acoustical Analysis for PA-12. PASSED, APPROVED, AND ADOPTED at a regular meetmg of the Planning Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, Holmes and Marcus. NOES: McFadden. ’ ABSENT: None. ABSTAIN: None. 1. SHARON SCHRhM, Chairperson CAIUSBAD PLANNING COMMISSION A?TESR. PLANNING tiIRECTOFt PC RESO NO. 3081 -2- Yr ,. l . PLANNING COMMISSION WLmON NO . 3~2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNt& RECOMMENDING APPROVAL OF ATENTATM 3 1; TRACT MAP TO DEVELOP A 108 DWELLING UNtT CONDOMINIUM ; II PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST I A I! CORNER OF ALGA ROAD AND BLACK RA[L COURT. I I I - !I 5 :I 11 6 ;i 7’1 I/ 0 r/ CASE NAME: AVIARA - PLANNING AREA 12 CASE NO: 89-39 WHEREAS, a verified application for certain property to wit: Lot 230 of Tract 85-35, Aviara, Phase I - Unit D, according to Map 12412 recorded June 29, 1989 g I has been filed with the City of Carlsbad and referred to the Planning Commission; and i* 10 1: d WHEREAS, said verified application constitutes a request as provided by Title 21 /I of the Carlsbad Municipal Code; and 12 :I /I 13 WHEREAS, the Planning Commission did, on the 15th day of August, 1990, hold 14'; a duly noticed public hearing as prescribed by law to consider said request; and 15 // WHEREAS, at said public hearing, upon hearing and considering all testimony and 16 ;j arguments, if any, of all persons desiring to be heard, said Commission considered alI 17 j! factors relating to the Tentative Tract Map and Planned Unit Development. 18 j’ 19 I! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as 20 / follows: 21 ii Al That the above recitations are me and correct. 22' B) That based on the evidence presented at the public hearing, the Planning Commission recommends APPROVAL of CT 89-19 based on the following findings 23 and subject to the fbllowing conditions: $24 m: 251 1. TbbprojcctisconsistcntwithMastaPlmrlnrinccdw~actdmsityof 26 5.93 du/aue is within the pan&ted da&y of 121 du/aae as specified wir.hh haaster Plan 177. 27 I 1 !/ 2 ii 3 1) ‘i 4i /I 5, 6 it 7 0/l 9ii 10 II 11’ 12 13 \I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘/I ‘I ) I ‘I! ; ;: ‘11 2. 3. 4. 5. 6. 7. a. 9. 10. . . . The site is physically witable for the type and density of the development since the site is adequate in size and shape to accommodate residential development a[ [he density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. [n addition, the planning Commission has added a condition that a note shall be placed on the final map that building permits may 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, and 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. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Carisbad Unified School District school facilitk The dedication of a 24.25 a= Park ‘kite at the nor&em terminus of Ambrosia Lane satish park fee requirements. AU necessary public improvements have been provided or will be required ai conditions of approval. 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 fmd that public facilities will be available concurrent with need as required by the General Plan. assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. ~~in~~nport,thcproj~is:(l)~~twiththcdcvtlopment sEsadarb~tbtAviaaaMastaPtan177andthP~~~tOrdinance; (2) in ct3llfm with t,k Design Ckitaia of Master Phn 177; (3) in compliance with tbc Ci~?s NC& Policy NO. 17 a~ caaditiaacd, and (4) is in cOIlformaPce with theMdioiIrlratcoastalRognrm. Tht pqosed project & compatible with the surrounding future land uses since surr~~~dhg properties are designated for Open Space and Recreational Commercial development on the General Plan. PC RESO NO. 3082 -2- . ” c :,, 9.’ .- I., . c ,! ‘I I; Ii 1 Ij C! 2 3 ‘: ;1 4 ;i 5 ;; 61; /I 711 8 jJ g :! 10 ! 11 j[ 12:1 I 131: !I 14 :( I/ 15 /! 16 ‘! i( 17 /I 18 1~ 19 20 21 22 23 24 25 26 27 28 I! 11. This project will not cause any signiknt environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on July s 1990 i and Recommended for Approval by the Planning Commission on Augusr IS: 19~1 i j In recommending approval of this Mitigated Negative Declaration the Planning 1 Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant ! f effects this project could have on the environment. I 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and wiR mitigate any cumulative impacts created by the project. 13. This project is consistent with the City(s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditiom: 1. 2. 3. 4. *.. . . . Approval is granted for CT 89-39, as shown on Exhibits “A” - “O”, dated July 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that the final map shall not bcapprovcdutJcssthcCiryCouncilfinbssofthctimcofsuchapprovalthat sewer se&cc is available to serve the subdivision. ’ PC RESO N6.3082 -3- 4 I’ /I il A.. I 2 ,; 3:~ 4 ji 1) 5 ;i Ii 6 ;/ I’ 71/ 8 /i 9 ii 1011 II 11 I I’ 12 1 l3 ii 14 ” 151 iI 16 / 1711 10ij 19 jl 20 21 22 23 24 25 26 27 20 i I’ ‘II 5. 6. 7. a. 9. 10. 11. . . . This Project is approved upon the express condition that building permits till 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 occupancy. This note shall be placed on the final map. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the ciry Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivideis agreement to pay the public facilities fee dated December 4, 1989, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on fde with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. Water shall be provided to this project pursuant to the Water Setvice agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid &is approval shall be invalid unless the City Council deteimines that the project without the condition complies with all requirements of law. 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 pamit issuance. The applicant shall *establish a homeownex% association and co-ponhg COVETS, ~0tlditi011~ and rc~tri~ti~n~. Said Cc&R’s shall be submitted to ad approved by the Planning Director prior to final map approval. PC RESO NO. 3002 4- I II /I Ii 1 ii 2 ,I 3 ’ 4 : ;! 5 1 j 6 !i II 7 Ji II 0 jJ 9 ” ii 10 j’ I 11 (1 12;; 13 Ii 14 ;; 15 j( I 16 ‘! 17;i 10 /, I 19 !: 20 /i 21/ !I 22 23 24 25 26 27 / 20 i! I 12. The applicant shall submit a street name list consistent 4th the Ciry’s street name i policy subject to the Planning Director’s approval prior to fInal map approval. 1 I 13. The applicant shall prepare a detailed landscape and irrigation plan which shall be I submitted to and approved by the Planning Director prior to the issuance of i . . _ __-. grading or building permits, whichever occurs first. 14. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 15. The developer shall install street trees at the equivalent of M-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 16. 17. Preliminary landscape plans shall be submitted. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. 18. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of sp&ial visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 19. Prior to final occupancy, a letter from a Califomia licensed landscape architect shall be’ submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 20. 21. Al herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carl&ad Municipal Code. 22. The first set of landscape and ligation plans submitted shall include building plans, improvement plans and gmding plans. 23. All landscape and irrigation plans shall show &sting and proposed contow and shall match the grading plans in terms of scale and location of improvements. 24. 25. Thcminhum shrub size shall be 5 gallons. PC RESO NO. 3082 -5 I I I 1 I! 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. The number of trees in a residential project shall be equal to or greater than the number of residential units. Any signs proposed for this development shall at a minimum be designed m conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director., All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residehal unit within this project, the Master Plans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. Prior to the occupancy of any of the dwehg units, the project applicant shall construct a 6.0 high sound attenuation wall betwmx Aga R.oad and the proposed dweUingunits2-9dongAlgaRoadThwallshallbc cozwmctd consistent with tbrrecammmdationsofthr~~S~forP~Area12(MestrcGreve, 1990). Riortothe ocmpanq of units 2-9, the project applicant shall incorporate all~~cnoisemitigalion- (icb8iamy~~alldmecbanical ventilation) into thee units, as descrii in tk Acoustical Analysis for PA-12. Rioctotkissllmx ofagradhgpamitc#dwrmxdationoftk%almap,the pmjectappl,icantshalltcceivcaCollseal Dedopnmt Pamit that approves dnnbpayntthatisinsu- co&mmcewiththisCityapprovaLThe cmstalPCIgdtSballberCQlfirCdtoksubmittedtotbccityPlanningDepartment forreviewpriatothc,,~ ofagradingpamit. Ritxtothissupna afag&ingpami&aUGmtalDdRMIiCtedarrslls~t10 asshownanExhr’bit”B”)shatlkstalred~~toprobs’bittby commciicmequip~. PCRESONO.3b82 -6- ;I .I ii 1;/ 36. 2 ‘. 3 37. 4 ’ 38. 5’ 6’ 7 ;; 39. 8 ,I 9’ 10 I! 11 ‘i 12 ; Al units Which are setback a minimum of 5 ftet 6rom a priMte evcway u be aquipped with an automatic gaqe door O-. m perimeter fences/walls shall be hquki to be d&gned con&a ha h matdals and styie of other Master Plan appiovcd fuxes/wa& This project is approved subject to the condition that &den~ water coxlsavatiofl measurs including watcf eB&nt plumbing 6xtures in &mce with State and kcal Laws and Polides, be incoqomted into the projects de&p prior to the tvsrdation of the !ht Cnal tract map or the issuance of resideutial ~~~ts,whichvaisfim,thcowaerofhcord0fthprOpertywithinthe boMdariesofthistcntativctractmapsballprepa;rr~rccordanoticethatthir property is subject to overflight, sight, and d of aircraft opaatiag from P&mar &port in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post a&aft noise XlOti6cation SigIS in dl S&S aIMiAX rental offices associated with the new development. The number and locatiais of said signs shall be approved by the Planning Dkctor. ‘, 13 !’ i: . . 14 j, 15 j! 40. 16, 17 I/ 41* 18 :I 42. 19 20 ;; 21 ‘/ This approval is subject to all qukna~~ and cowiitions of faster pfan 177, CIarisbad Tract 85-35 and 201~ 19 bcal Facilities Maaagmrcntplan,=d=y amendments thereto. This project is located within the Mello II Local Coastal Plan. All development design shall comply with the erosion control requirements of that phn. Unless a standard variance has been &sued, no variance from City Standards is author&d by virtue of approval of this tentative map, except the fkhwingz 22 /I 43. 23” I/ 24, 44* 25 ‘** 26 A sidmdksononesideofthe- B. celmihKradii~than2oofeet8sshownonrbetentaTive~. The developer shall comply wkh all the rules, regulations and design requirements of the mspective sewer and water agads regarding services to the project. The developer shall be responsible for coordination with S.D.G.aE., Pacifx Telephone, and Cable ‘IV authorities. 27 I; ‘: 28 iI PC RESO NO. 3082 -7- i! ‘I i/ ii II 2 j 45. 3 4 ;I 5 ;/ 6 11 46. 71’ 8i II 9 11 1 10 il 47. II 111) 12 /’ I 48. 13 1; 14 ~, /I 15 // 49. 16 // Ii l7 jl 181 SO. 19 iI 20 i !I 21 22 / 23 24 ‘l. 25 I 26 27 I The developer shall provide an acbeptable means for maintaining the easements within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the COSTS of such maintenance in an equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer. Approval of this tentative tract map shall expire twenty-four (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 pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the fmal map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The owner of the subject property shall execute a hold haxmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project. The applicant shall agree to utilize reclaimed water, if available, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not othetise occur. ThcsubjectpmpertyiswithintheboumhiesofAssesnm Distrkt No. 88-l (Alga Road). Upon the 5ubdivision of land within the district bouhries, the subdividerbasexecuteda Spccialksesmmt District Pass-Through Authorization -- %itlzi~wn~ proviom regding notice to potential buyer for tbc ~mdotkrpmvisionsandrquiresthe su~tohaveeachbuylcr mceiveandexecuteaNoticeofAsscmmtandan . Inthe~tlmtbesubdividerdoermtexecutethe the~oatbesubjcetpropatymustbepaidofi AsrrqrrkcdbySeptcLaw,~~tothrecordatioP3ofafiaal~pOYCt~YOfthe subject pmperty, a segregation of assmmam m be completed and recorded for allsubdividedlots. ByapplyingforasegregationofassersmCnq the subdivider a%rre~ to pay tk fee to covm the cmt associated with the scgrrgation. A segrqptionisnotrcqtfirrdifthesu~paysoff~ amssmntonthesubject ( I ! I 1 1 I I I j , I / ! I I I ‘I 28 /I PC RESO NO. 3082 -8- _- \ -. . i’ II ii !I 1 I/ !I 2; 3 52. 4 5:: I/ 6 ‘! 53. ji 7 ji 8: 9’ 10:: 54. 11 I; ” 12 55. ./ 13 I; 14 j; I 15 j/ !i 16 1: 56. 17 jl :’ 57. 18 j; 19 :’ iI 20 /’ II 2111 58. 22!’ ,’ II 23’: propaty prior t? the rrcordation of the final map. In thk event Of a mtion of asaanam 1s not recorded and property is subdivided, the full amount of PgcmnmtwiUappearonthetaxbillsof~newlot. Grading in advance of final map may be allowed subject to City Engineer approval in accordance with Chapter 11.06 Carlsbad Municipal Cd and departmental policy. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading petit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed consauction site within this project the developer shall submit to and receive approval horn the City Engineer for the proposed haul route The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling 0perati0h The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference chap 11.06. Rain gutters shall be provided to convey roof drainage to the driveway if required bytheCityE@neer. I! PC RESO NO. 3082 28 Ii -9. !I L i - c. 4 1 1 60. 2/i . 3 /: 61. 4 j! 5 ~: /, I! 6 ;I I/ 7 ;I I/ 62. 81 ,’ g ~; 10 ,j 63. 11;; ‘I 12 ;/ I “i! 64 . 14/i I' 15 // ~1 16 /I 17 !i 65. 18 ;; I 22 / ‘I 23 ’ 24 ’ 25 i 26 27 1 Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building petit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map For this project. AU land SO offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access rights for all lots abutting Alga Road and Blackrail Court, with the exception of the general utility and access easement at Aleutia Lane waived on the final map. Some improvements shown the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the- annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided. by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the linal map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative and the following improvements. This obligation is not required if it is already secured through another project in the Master Plan. A AlgaRoadtoma~artaial stdardsorbetter~MimosastreettoEl ram;nnRealtotbesatisfactionofthecity~. A note to this e&ct shall be placed on an additional map sheet on the Enal map per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act. -lO- -- _- -- - - .-.-_ --_-A -c I ii /I 1 I( 67. 2 I! 3 68. 4, 5 1’ 6 I; 7 /I 8 ,I 9 10 11 11 1; I! 12 ‘/ 13 :j li 14 I; 15 j; 69. l6 /I 17 ‘I 70. 18 19 I 2o ;; 21 I I 71. 22 i’ I 23 : 24 ‘j 25 I! 72. 26 1’ 27/i . . . Improvements bed above shall be constructed within 24 month of the final map or improvement plan whichever occurs tit. The design of d private streets and drainage systems shall be approved by ‘[he City Engineer prior to approval of the final map for this project. The smctural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. ti 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 for this project. The improvements are as follows: A standard wrb, gutter and sidewalk and stlrct improvemen ts on Aleutia Lane andFerilina. Thcsidcwalkis~~onthcinsidelooponFerilinaandon the east side of Aleutia Lane. B. Primte storm drain systan which will connect to the &sting public storm drainqstan. harcaswherenofailsafesmmdaryoverflowisprovided,the systemshallkdes@edtocmya1OOyearevent. C. The private sewer and prime drainage systans. D. A note stating these hqmvawmareprivateshallbeptaccd&an additional sheet on tk fhal map. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards or equivalent subject to the appmal of the Planning Director a& city Enginw. The Fire Marshal has detennincd that onsite fire hydrants are required to seme this project. Prior to issuance of a building pemit for the site, the applicant must submit and receive City and water disuict approval for appropriate waterline improvement plans and easements. AU improvements shall be designed in ~~nformancc with city and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. ixyigation systems to accommodate future reclaimed water shall be deigned cog&tent with Title 17 of the California Administrative code. offsite future rrclaimcd UrPter distribution systems should be anticipated by the instalh~on of adequately si& sleeves at cross@ points to minimhe street excavation. c I / 1 t 1 i I , I I ! I / ii PC RESO NO. 3082 28 / I -ll- 2 ‘I ,3 3 /i 4 /j 5 I; j/ 74, Additional public and/or onsite fire hydrants shall be provided if deemed necessaT by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior to issuance of a building permit. 6, 1 75. 7/ 8 !, 76. !~ Ii g 1; 77. 10 ii 111, I 78. 12;i 13” 79* 14 / /I 15 i/ l6 i/ ;! 80. 171 1 18 /; 81. in all-weather access road shall be maintained throughout construction. AU required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials begin located on the project site. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. Brush Management shall xe@re that photo documen tation of installed and approved fim suppression zones be submitted to the Fire Marshal in order to establish con-1 for annual maintenance. Performance of annual maintenance by Homeowners ksociation shall be assured through open space deed restriction or other means acceptable to the Planning Director and Fire Marshal. Fire retardant roofs shall be required on all smxtures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. li 19 1; 82. II 2oIj 21 Ii AU fk-e alarm systems, fie hydrants, extingukhing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the’ Fire Department for approval prior to consauction. I/ -District: 22. 1 4 ii Fire D=menf . . 23 ’ 83. The entire potable and non-potable water systun/systems for subject project shall be evaluated in detail q ensure that adequate capacity and pressure for domestic, 24 landscaping and Ere flow demands are met. 25 / 84. The developu’s engipeer shall schedule a meeting with the District Engineer and 26 the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 27 1’ PC PESO NO. 3082 -12- 28 I 1 j 1 1 I I I I i f I 1 I I . . :/ ii 1 j/ 85. 2 ii 3’ if 4 The developer will be responsible for all fees and deposits plus the major facility charge which will be collected ar time of issuance of building permit. PASSED, APPROVED, AND ADOPTED at a regular meeting of the P-g 51 Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by ’ 6 1, the following vote, to wit: II 7 !! 81l 9~ 10’: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, Holmes and Marcus. NOES: McFadden. ABSENT: None. 11 ji ABSTAIN: None. 13 iI !; 14 1; , 15 ;j 16 j! 18 /: 19 !: 201: 21: II 221 23; 24 ’ 25 II 26 27 I/ 28 jj i I SHARON SCHRAMM, -non CARLSBAD PUNNING COMMISSION Al-I-EST: MICHAELJ.HtiLZ~R PLANNING DIRECTOR PCRESONO.3082 -13- +;.‘J! ! - 1’ licit ,’ ,“I March 3, 1993 Mr. Kurt Noland Hillman Properties West, Inc. 211 Palomar Airport Road, No. 206 Carlsbad, CA 92009 RE: Approval of Extension of Time for Tentative Map No. CT 89-39 Aviara Planning Area 12 The Carlsbad City Council, at its meeting of March 2, 1993, adopted Resolution No. 93-40, approving the extension of time for Tentative Map No. CT 89-39/Aviara Planning Area 12. Enclosed is a copy of Resolution No. 93-40 for your files. Assistant City Clerk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 83