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HomeMy WebLinkAbout1993-03-02; City Council; 12087; Aviara Planning Area 9FOR THE TENTATIVE MAP FOR CARLSBAD TRACT CT 90-l 0, AVIARA PLANNING AREA 9 RECOMMENDED ACTION: Adopt Resolution No. 93-y% granting a one year extension of time of the tentative map for Carlsbad Tract 90-10, Aviara Planning Area 9. ITEM EXPLANATION: McKellar Development has requested an extension of time for Carlsbad Tract 90-10, Aviara Planning Area 9, an 86 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 December 4, 1990 in accordance with City Council Resolution 90-417 giving the developer two years to complete the requirements to obtain a final map. Planning and Engineering staff have reviewed the project and the request for a tentative map extension. As stated in the applicants letter, the time extension is requested due to the current economic recession which has prevented the applicant from proceeding with the project in a timely manner. Staff concurs with the applicant that the economy has grown increasingly depressed over the past year impeding progress in completing their final map. Therefore, staff is recommending that the requested tentative map extension be granted. The applicant has executed an Agreement for Waiver of Prohibition Against the Imposition of Conditions which is on file in the Engineering Department. To stay in conformance with the General Plan, current City ordinances and standards, 11 new conditions have been added to the project. The conditions are listed in the resolution for the tentative map extension. Additionally, all previous conditions of approval, as listed in Planning Commission Resolution 3114, still apply. FISCAL IMPACT: n Y 0 E % 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 3.1 Net Density 2.65 Special Facilities C.F.D. No. 1 - PAGE TWO OF ASa 1 a, 087 EXHIBITS: 1. 2. 3. 4. Location Map. Resolution No. 9 3 - ri Z granting a one year extension of time for the tentative map for CT 90-10, Aviara Planning Area 9 with additional conditions included therein, as well as, incorporating all prior conditions of approval. Letter requesting extension. City Council Resolution 90-417 and Planning Commission Resolution 3114. LOCATION MAP To PO linsettia Lane AVIARA PLANNING AREA 9 A N 0 nts To El Camino Real I LOCAT’ON: AVIARA PLANNING AREA 9 EXHIBIT East of El Camino Real, South of Alga Road 1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on December 4, 1990 as the conditions of approval for this project and attached hereto and RESOLUTION NO. 93 - 42 A RESOLUTION OF THE CR-Y COUNCIL OF THE CllY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OFTIME FOR TENTATIVE MAP NO. CT 90-l OlAVlARA PLANNING AREA 9 SUBJECT TO CERTAIN CONDlTIONS. WHEREAS, the City Council of the City of Carlsbad on, December 4, 1990, Adopted Resolution No. 90-417 approving with conditions Tentative Map No. CT 90-l 0; and WHEREAS, Tentative Map No. CT 90-10 would have expired as of December 4,1992; 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 additionat 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 Calsbad Municipal Code, and any public facility or development policies in existence at this time. 3. That Tentative Map No. CT 90-10 is hereby extended for one year until December 4, 1993, subject to all of the conditions contained in Exhibit 2 previously adopted 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 the following additional conditions: A. B. C. D. E. F. G. 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. I.. 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. 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 H. I. J. 4. - 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 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. All onsite publically dedicated storm drain easements for the purpose of public sewer and/or storm drain utility lines shall be quitclaimed. All onsite storm drain and sewer utility lines shall be private. A private sewer easement shall be dedicated for the sewer line coming from the Four Seasons Hotel to the General Utility and Access Easement over Finch Lane. Additionally, a private easement shall be dedicated to the Four Season Hotel to storm drain lines carrying flows from the adjacent property to the northwest. Prior to final map approval the applicant shall pay all current fees and deposits required. 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 - 9, a California Limited Partnership and the City of Carlsbad 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. I// /II Ii/ /I/ Ill /I/ f/i I// ill /II I// I// t . 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 NOES: None ABSENT: Council Member Nygaard _- ATTEST: aaed,kRe ALETHA L. RAUTENKRANZ, City Clerk ww Hunsaker G Associates San Diego, Inc. Planniq 9 Engineering 9 Surveying l GPS November 13, 1992 WV I. G 1992 CITY OF CARLSBAD Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009 CITY OF CARL.6R,AD EPGIMEERING DEPART!J!EN? A?TN: Lloyd Hubbs City Engineer RE .: Request for Tentative Map Extension: CT-90-10, Aviara Planning -4rea 9 Dear Mr. Hubbs: Pursuant to Sec. 20.12.11C CMC and on behalf of McKellar Development, we hereby request ,that Tmtative Map CT-90-10, be extenc!ed for ;L period of OM year. Due to economic conditions beyond the control of our client, a final map has not yet been recorded. We anticipate conditions will improve in the coming months. Enclosed please find a check in the amount of $4,20$00 for processing this request. Should you have any questions or require additional information, piease do not hesitate to contact me, Dlx:kb 4x3-9 wp:4Y3.3a Ylar, kg Director I 10179 Hue?znekens Street l SUPZ Diego, CA 92122 9 (619) 55t2-4500 l I&Y: (619) 5.58-1414 Q&-es: Sun Diego l ii-7977e l IZizwside/.Sm2 kw 7rwdir20 Llalkl Hmzmn~- l . Jd.k Hi/l EXHIBIT 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. go-417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-10) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-13) FOR A 7 LOT 86 DWELLING UNIT PROJECT ON 32.5 ACRES OF LAND GENERALLY LOCATED ON FINCH LANE BETWEEN ALGA ROAD AND KINGFISHER PLACE APPLICANT: AVIARA - PLANNING AREA 9 CASE NO: CT 90-lO/PUD 90-13 WHEREAS, on October 3, 1990 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed conditional Negative Declaration, Tentative Subdivision Map CT 90-10, and Planned Unit Development permit PUD 90-13 for an 86 unit condominium project and adopted Resolutions Nos. 3113, 3114, and 3115,respectively recommending to the City Council that the Negative Declaration, Tentative Subdivision Map and Planned Unit Development permit be approved: and WHEREAS, the City Council of the City of Carlsbad, on October 13, 1990 held a public h.earing to consider the recommendations and heard all persons interested in or opposed to CT 90-10 and PUD 90-13; and WHEREAS, a conditional Negativ,e Declaration was issued on August 30, 1990 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the tentative map. These conditions will be reviewed through a monitoring program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. EXHIBIT 4 . 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 - 2. That the conditional negative declaration on the above referenced project is approved and that the findings and conditions of the Planning Commission contained in Resolution NO. 3113 marked Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 90-10) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3114 marked Exhibit B and attached hereto are the findings and conditions of the City Council. 4. Planned Unit Development Permit PUD 90-13 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3115 marked Exhibit C and attached hereto are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of December 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Pettine NOES: None ABSENT: Council Member Mamaux ATTEST: ALETHA L. RAUT (SEAL) 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 PLANNING COMMISSION RESOLUTION NO. 3114 A RESOLUTION OF THE PWNING COMMISSION OF THE CITY OF CAIZLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA ROAD AND KINGFISHER PLACE. CASE NAME: AVIARA PLANNING AREA 9 CASE NO.: CT 90-10 WHEREAS, a verified application for certain property to wit: Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409, recorded June 29, 1989, in the City of Carlsbad, County of San Diego, State of’ California has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering alI testimony and arguments, if any, of all persons desiring to be heard, said Commission considered alI factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planriing Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-10, based on the following findings and subject to the following conditions: Findings: 1. The project is consistent with Master Plan 177 since the proposed density of 2.65 du/acres is within the permitted density of 3.1 du/acre as specified within MP-177. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the dens@ proposed. 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 3. 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. In 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. 4. 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 Carlsbad Unified School District school facilities. 5. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requirements. 6. All necessary public improvements have been provided or will be required as conditions of approval. 7. 8. 9. 10. 11. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be 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. The project is consistent with the development standards and design criteria of the Aviara Masister Plan 177 and the Planned Development Ordinance, the City’s Noise Policy 17, and the Mello I Local Coastal Program The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Open Space and Recreational Commercial development on the General Plan. 12. PC RESO NO. 3114 This project will not cause ‘any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on August 24, 1990 and recommended for APPROVAL by the Planning Commission on October 3, 1990. In recommending approving this Conditional Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 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 will mitigate any cumulative impacts created by the project. -2- 1 2 3 4 5 6 7 0 9 10 11 15 lb 17 1E 1s 2c 21 2i 2: 24 2E 2e 21 2E 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. Conditions: 1. 2. 3. 4. 5. 6. 8. Approval is granted for CT 90-10 as shown on Exhibit(s) “A” - “EE”, dated October 3, 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 City Council. 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 be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of 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 City 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 fulfil1 the subdivider’s agreement to pay the public facilities fee dated March 1, 1990, a copy of which is on file with the City Clerk and is 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 will be void, Water shall be provided to this project pursuant to the Water Service 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. -3- - 9. 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 this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 11. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. Said CC&R’s shall include the following provisions: a) No parking of vehicles in private driveways which measure less than 20 feet from the garage door to the back of sidewalk or edge of curb face, whichever is closest to the structure. b) The maximum wall and/or fence height, including combinations thereof, shall be six feet. Only open safety railings of a three foot height maximum that are required by a governmental agency can protrude above the six foot height limit. c) All changes to the approved landscaping as shown on JXxhiiit “z’ dated October 3, 1990, except for general maintenance, shall be reviewed and approved by the Planning Director prior to implementation. Requests for changes to project landscaping shall be accompanied by a set of landscape plans (24” x 36”). d) No expansion of existing structure may take place, except for patio covers or decks. All structures must maintain a three foot setback from any common fence line and five feet from any fence line bordering common area or from any top or bottom of slope. 12. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning DirectoI’s approval prior to final map approval. 13. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of 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. PC RESO NO. 3114 -4- 1 2 3 4 5 6 7 0 9 10 11 12 13 -- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. The developer shall install street trees at the equivalent of 40-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. # . . 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. Landscape plans shall be designed to minimize water use. Lawn and other zone I plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed’as shown on the approved landscape plans. All 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 Carlsbad Municipal Code. : ; ,: The first set of landscape and irrigation plans submitted shall include building footprints, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen. Each case shall be reviewed by the Planning Director. The minimum shrub size shall be 5 gallons, except as approved by Planning Director. 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 in conformance with the City’s Sign Ordinance and shall require review and approval of the ‘Planning Director prior to installation of such signs. 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. PC RESO NO. 3114 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 -* 14 15 16 17 1E 19 2c 21 22 2: 24 25 2e 23 2E 29. 30. 31. 32. 33. 34. 35. 36. Prior to the occupancy of any residential 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 dwelling units, the project applicant shah construct a 6.0 high sound attenuation wall between Alga Road and the proposed building 1, on lot 3 adjacent to Alga Road. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Planning Area 9 (Mestre Greve, 1990). Prior to the occupancy of building 1, lot 3, the project applicant shall incorporate all required traffic noise mitigation measures (Le. balcony barriers and mechanical ventilation) into these units, as described in the Acoustical Analysis for PA-9. prior to the issuance of a grading permit or the recordation of the final map, the project applicant shall receive a Coastal Development Permit that approves development that is in substantial conformance with this City approval. The Coastal Permit shall be required to be submitted to the City Planning Department for review prior to the issuance of a grading permit. , ; ., Prior to the issuance of a grading permit, all Coastal deed restricted areas (as shown on Exhiiit “B”) shall be staked and flagged to prohibit encroachment by construction equipment. All units which are setback a minimum of five feet from a private driveway shall be equipped with an automatic garage door opener. All perimeter fences/walls shah be required to ti designed consistent with the materials and style of other Master Plan approved fences/walls. This project is approved subject to the condition that residential water conservation measures including water efficient plumbing fixtures in conformance with State and Local Laws and Policies, be incorporated into the project’s design. Prior to the recordation of the first ftnal tract map or the issuance of residential building permits, whichever is first, the owner of record of the property within the ‘boundaries of this tentative tract map shah prepare and record a notice that this propetty is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shah post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. EnnineerinaConditions: 37. This approval is subject all conditions of approval of Master Plan 177, Carlsbad Tract 85- 35 and Zone 19 Local Facility Management Plan, and any amendments thereto. 38. This project is located within the Mello I Local Coastal Plan. AU development design shall comply with the erosion control requirements of that plan PC RESONO. 3114 -6- 1 2 3 4 5 6 7 8 9 1c 11 12 12 *- 14 1: 1E 17 1E 1: 2c 21 2: 2: 24 2: 2E 2; 2t 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. - - The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. The developer shall provide an acceptable means for maintaining all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located within the subdivision 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. All of the above improvements are considered private unless otherwise labeled on the tentative map. 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 final 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 harmless agreement regarding drainage across the adjacent property prior to approval of the final map 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 otherwise occur. No grading permits shall be issued for this subdivision prior to recordation of the final map except as approved for model homes. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit 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, except as required for model home area. 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. PC RESO NO. 3114 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 ** 14 15 16 17 1E 19 2c il 22 22 24 22 26 27 2E 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. . . . . 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 construction site within this project the developer shall submit to and receive approval from 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 operation. 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. The developer shall construct desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map which ever occurs fist for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer. Rain gutters must be provided where feasl%le to convey roof drainage to an approved drainage device as required by the City Engineer. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit 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. All 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 shall be waived on the final map except for the point of connection with Finch Lane. 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. Those plans shall be in conformance with the “Waste Discharge Requirements for Stormwater and Urban Runoff from the County of San Diego”. . PC RESO NO. 3114 -8- 1 2 3 4 5 6 7 e 9 1c 11 12 12 l * 14 15 1E 17 1E 1s 2c 21 2: 2: 24 2E 26 23 2E 60. 61. 62. 63. 64. 65. 66. 67. - The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install a wheelchair ramp at the public street comer abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 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. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final 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 map and the following improvements: A. Alga Road to major arterial standards or better from Mimosa Street to El Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 24 months of final map approval. The Fire Marshal has determined that onsite fire hydrants are required to serve this project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in conformance with City and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project The stnxhual section of all private stre& shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project The horizontal design of the private streets are approved as shown on the tentative map. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. PC RESO NO. 3114 -9- - 1 2 3 4 5 6 7 E 5 1c 13 If 1: l * 14 1: 1t 15 1E 15 2c 21 22 2; 24 2: 2f 2; 21 68. 69. 70. 71. 72. 73. The subject property is within the boundaries of Assessment District NO. 88-l (Alga Road). Upon the subdivision of land within the district boundaries, t$e sub&vi& my Pass through assessments to subsequent owners @ if the subdivider has executed a Special Assessment district Pass-Through Authorization Agreement. Said agreement contains provisions regarding notice to potential buyer of the amount of tire assessment and other provisions and requires the subdivider to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the subdivider does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the subdivider prior to any sub&vision of the land. As required by State law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be completed and recorded for all subdivided lots. By applying for a segregation of assessments, the subdivider agrees to pay the fee to cover the costs associated with the segregation A segregation is not required if the subdivider pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on tire tax bills of each new lot. An adjustment plat will be required to adjust the southeastern property line. This adjustment plat must be recorded prior to recordation of the final map. A letter of permission from the present property owner is on file in Cf 90-10. This project is approved under the express condition there will be model units. The grading required for the model units is showing in an exhibit to the tentative map. The grading for the model units prior to final recordation is authorized pursuant to the approval of this tentative map. Sewer and water must be provided to the site. Fire hydrants shall be provided as deemed necessary by the Fire Marshal. A separate grading permit shall be obtained for the model area. All storm dram and sewerlines which do not carry public flows shall~remain private and be maintained by the 1 iomeowners Association. A note to this effect shall be placed in the CC&R’s. A. The lot configurations as shown on the tentative map are speciiically not approved. This project shall have a total of thirteen (13) lots. New Lot 1 shall be comprised of Lots 2,3 and 19 and a portion of Lot 1 by extending the lot line between old Lot 19 and 4 east and west. New Lot 2 shall be comprised of Lot 4 and a portion of Lots 1. New Lot 3 shall be comprised of Lots 5 and 7. New Lot 4 shall be comprised of Lots 6, 8 and the portion of Lot 1 south of the extension of the lot line between old Lot 5 and 8 to the proposed easement for a passive recreation area. New Lot 5 shall be comprised of Lots 9,10 and 18 and the portion of Lot 1 south of the extension of the lot line between old Lot 8 and the proposed easement for a passive recreation area. New Lot 6 shall be comprised of Lots 11 and 12. New Lot 7 shah be comprised of open space Lot 14. Open space Lots 16, 17 and 18 shall be renumbered Lots 8, 9 and 11. The recreation areas shall be renumbered Lot 10 and 12, old Lots 15 and 13. A portion of Lot 7 shall become open space hot 13. The lot configuration as described in this condition is included as an attachment. PC RESO NO. 3114 - B. The phasing shall be consistent with the lot numbers except: 1. The construction of Finch Lane to just south of Shuttle Road and the landscaping of old open space Lot 17 shall be included no later than Phase 1. 2. Phase 1 shall include Lot 19 for model home parking. 3. Phase 7 shall consist of constructing residential units in the model parking area. 4. Phase 1 shall include the landscaping of new lots 8 and 9 (old Lots 16 and 17). 5. Phrase 3 shall include the construction of recreation area new Lot 10 (old Lot 15) and the landscaping of new Lot 13. 6. Phase 5 shall include the landscaping of new Lot 11 (old Lot 18) and the construction of recreation area new Lot 12 (old Lot 13). c. The open space lot - new Lnt 7 (old Lot 14) shall be deeded over to the Aviara Master Association concurrent with final map recordation per the agreement between the developer and IMlman Properties. D. The following areas shall bc granted as covenant for easements to all owners of condominium units (not the Ilomeowners Association). These covenant 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 areas shown as old Lots 13 and 15 on the tentative map, for landscaping, maintenance and recreational purposes. 2. A common area in perpetuity as a covenant running with the land over all paved areas and sidewalks, except individual concrete driveways, for vehicular access, parking, private utilities and maintenance purposes (old Lots 1,2,5,6, 9 and 11). 3. A common area in perpetuity as a covenant running with the land over new Lots 8, 9, 11 and 13 (old Lots 16, 17, 18 and a portion of Lot 7) for landscaping maintenance and open space purposes. 4. A common area in perpetuity as a covenant running with the land over old Lots 1 through 12 inclusive and Lot 19, for landscaping, access and maintenance purposes. These covenant for easements shall be binding upon all successors, assigns and transfers of covenantor. These cove.nants cannot be quitclaimed without the approval of the City. Wording to that effect shall be placed on the covenants. I PC RESO NO. 3114 -ll- 1 2 3 4 5 6 7 a 9 1C 11 12 13 *- 14 15 lf 17 1E 1s 2c 23 22 2: 24 2f 2E 2'i 2E -. .- . E. All the above changes shall be shown on the approved tentative map mylar. 74. If the developer chooses to construct out of phase, all improvements required by previous phases must be constructed. Fire Conditions: 75. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 76. The applicant shall submit two (2) copies of a site plan showing locations of &sting and proposed fire hydrants and on site roads and drives to the Fire Marshal for approvak 77. 78. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 79. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. 80. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted “No Parking/Fire bane-Tow Away Zone’. 81. 82. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. 83. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 84. Building exceeding 10,000 sq. ft. aggregate floor area shall be sptinklered. . . . . . . . . . . . * . . l . . . . . * . . . . . . . . . PC RESO NO. 3114 -12- - i - i ; t PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission 1 of the City of Carlsbad, California, held on the 3rd day of October , 1990, by the following vote, 2 to wit: 3 AYES: 4 Chairperson Schramm, Commissioners: Schiehuber, Holmes, Marcus and Hall. NOES: None. 5 6 AE3SENT: Commissioners Erwin and McFadden. 7 ABSTAIN: None. 8 .dh 4z4dq.y @A4 9 SHARON SCHFUWM, Chairperson CARLSBAD PLANNING COMMISSION 10 11 12 13 ** 14 15 16 MG:rvo 17 18 19 20 21 . 22 23 24 25 26 27 PC RESO NO. 3114 -13- 28 .-. _- City of Carlsbad March 3, 1993 Mr. Dan Ream Hunsaker & Associates 10179 Huennekens Street, Ste. 200 San Diego, CA 92121 RE: Approval of Extension of Time for Tentative Map No. CT 90-10 Aviara Planning Area 9 The Carlsbad City Council, at its meeting of March 2, 1993, adopted Resolution No. 93-42, granting an extension of time for Tentative Map No. CT 90-lO/Aviara Planning Area 9. Enclosed is a copy of Resolution No. 93-42 for your files. &J* CMC Assistant Ci y &erk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 a3