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
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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
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To El Camino Real I
LOCAT’ON: AVIARA PLANNING AREA 9 EXHIBIT
East of El Camino Real, South of Alga Road 1 .
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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
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the following additional conditions:
A.
B.
C.
D.
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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.
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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.
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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
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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
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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)
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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.
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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.
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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.
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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:
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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.
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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-
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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-
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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
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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-
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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”.
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PC RESO NO. 3114 -8-
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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-
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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
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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.
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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
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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’.
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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.
. . . . .
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PC RESO NO. 3114 -12-
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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
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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