HomeMy WebLinkAbout1993-04-06; City Council; 12136; Aviara Planning Area 7Cl-’ OF CARLSBAD - AGEk-‘A BILL q5 a g,
AB # I&, ) 3 6 TITLE: REQUEST FOR AN EXTENSION OF TIME DEPT. . I MT& 4-6-93 --FUR THE TENTATIVE MAP FOR CARLSBAD TRACT CITY AT
DEPT. ENG CT 90-05, AVIARA PLANNING AREA 7
*% CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. ‘? 3 -3 / granting a one year extension of time of the tentative
map for Carlsbad Tract 90-05, Aviara Planning Area 7.
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ITEM EXPLANATION:
SBS Realty Inc. have requested an extension of time for Carlsbad Tract 90-05, Aviara
* Planning Area 7, a 145 dwelling unit condominium project. The project is located in Local
Facilities Management Plan (LFMP) Zone 19, north of Alga Road approximately 1 .O mile
west of El Camino Real.
The tentative map was originally approved on March 19, 1991 in accordance with City
Council Resolution 91-83 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 current economic conditions which has prevented the
developer 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, seven 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 3140, still apply.
I FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased
operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues; however, an exact percentage of offset was not
calculated.
GROWTH MANAGEMENT STATUS:
Facilities Zone I-I 19
Local Facilities Management Plan 19
Growth Control Point - 8.0
Net Density 5.3
Special Facilities C.F.D. No. 1
PAGETWOOFAB# Ia, 13 b
EXHIBITS:
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Location Map.
Resolution No. G 3 / /) / granting a one year extension of time for the
tentative map for CT 90-05, Aviara Planning Area 7 with additional conditions
included therein, as well as, incorporating all prior conditions of approval.
Letter requesting extension.
City Council Resolution 91-83 and Planning Commission Resolutions 3139, 3140
and 3141.
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LOCATION MAP
AVIARA
PLANNING AREA 7
d N B
nts
To Poinsettia Lane
To El Camino Real
LOCATION: AVIARA PLANNING AREA 7
East of El Camino Real, North of Alga Road
EXHIBIT
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RESOLUTION NO. 93 - 7 1
A RESOLUTION OF THE CD-Y COUNCIL OF THE CR-Y OF CARLSBAD,
CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO.
CT 90-05/AVIARA PlANNlNG AREA 7
WHEREAS, the City Council of the City of Carlsbad on, March 19, 1991, adopted
Resolution No. 91-83 approving with conditions Tentative Map No. CT 90-05; and
WHEREAS, Tentative Map No. CT 90-05 would have expired as of March 19,1993; and
WHEREAS, the applicant is diligently pursuing those acts required to obtain a final
map; and
WHEREAS, the project can be found to be in conformance with the General Plan,
current City ordinances and current City policies with the imposition of additional conditions:
and
WHEREAS, the applicant has consented to the imposition of such conditions and has
agreed to comply with them: and
WHEREAS, both the applicant and the City wish to extend the map subject to and
relying upon the additional conditions.
NOW, THEREFORE BE lT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That with additional conditions contained herein the design and improvements
of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad
Municipal Code, and any public facility or development policies in existence at this time.
3. That Tentative Map No. CT 90-05 is hereby extended for one year until March
19, 1994, subject to all of the conditions contained in Council Resolution No. 91-83 adopted
on March 19, 1991 and the following additional conditions:
A. 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
EXHIBIT 2
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B.
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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.
The applicant shall pay the current local drainage area fee prior to approval of
the final map for this project or shall construct drainage systems in
conformance with Master Drainage Plan and City of Carlsbad Standards as
required by the City Engineer.
Prior to final map approval the applicant shall pay all current fees and deposits
required.
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.
The following statements shall be included in the CC&R’s:
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No structure, fence, wall, tree shrub, sign or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor on the final map. The
underlaying property owner shall maintain this condition.
An ongoing program to remove dirt, litter, and other debris from the
surface of private streets and common recreational areas by means of
street sweeping and other means shall be established and enforced.
The homeowner’s association shall coordinate the use of the City’s
established program to assit residents with the removal and proper
disposal of toxic and hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor
oil, antifreeze, solvents, paints, paint thinners, wood preservatives and
other such fluids shall not be discharged into any street, public or
private, or into storm drain or storm water conveyance systems. Use
and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers
and other such chemical treatments shall meet federal, state, county
and city requirements as prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
G. Prior to any construction that includes clearing, grading or excavation that
results in soil disturbance of five acres or more, the property owner shall file
a Notice of Intention (NOI) with the California State Water Quality Control
Board (CSWQCBI and pay the appropriate fee for a storm water permit.
4. That the Agreement for Waiver of Prohibition Against the Imposition of
Conditions upon the Approval of an Extension of a Tentative Subdivision Map between SBS
Realty Inc. and the City of Carlsbad signed by the SBS Realty Inc. on March 11, 1993 on
file in the office of the City Engineer is approved, and the Mayor is authorized to execute
said agreement on behalf of the City.
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 7nth day of APRIL , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin
NOES: None
ABSENT:
ATTEST:
ALETHA L. RA-LJ-TENKRANZ, City Clerk
(SEAL)
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January 26, 1993
CITY OF CARLSBAD
Engineering Department
2075 Las Palmas Drive
Carl sbad , CA 92009
ATTN : Lloyd Hubbs
City Engineer
RE: Request for Extension of Tentative Map
CT-90-5/Condominium Permit 90-2,
Avi ara Planning Area 7
Dear Mr. Hubbs:
Pursuant to Sec. 20.12.110 CMC, SBS Realty, Inc., as current property owner,
hereby requests that Tentative Map CT-go-05 be extended for a period of one 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.
4660 La lo/la Vi//age Drive
Suite 900
San Diego, California 92 122
6 19.552.2058
6 19.552.6646 FAX
FEB 04 '1993
Enclosed please find a check in the amount of $4,937.50 for processing this
request. As well, we have enclosed five (5) copies of both the approved
tentative map and conditions of approval and current title report for the
property.
Should you have any questions or requi re additional information, please do not
hesitate to contact me.
Sincerely,
SBS Realty, Inc.
RichardG. Amerian
Vice Presi dent
EXHIBIT 3
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RESOLUTION NO. 91-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-5), AND CONDOMINIUM PERMIT (CP 90- 2) FOR A 145 LOT CONDOMINIUM PROJECT ON 27.2 ACRES OF LPND GENERALLY. LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. APPLICANT: AVIARA PLANING AREA 7 CASE NO: CT 90-5/CP 90-2
WHEREAS, on January 16, 1991 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Mitigated Negative Declaration, Tentative Subdivision Map
CT 90-5, Condominium Permit CP 90-2 for a 145 lot condominium
project and adopted Resolutions Nos. 3139, 3140 and 3141
respectively, recommending to the City Council that the Mitigated
Negative Declaration, Tentative Subdivision Map CT 90-5, and
Condominium Permit CP 90-2 be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
March 5, 1991 held a public hearing to consider the recommendations
and heard all persons interested in or opposed to CT 90-5/CP 90-2;
and
WHEREAS, a Mitigated Negative Declaration wad 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 ?nd other project approvals. 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.
2. That the mitigated negative declaration on the above
EXHIBIT 4
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; ) of the Planning Commission contained in Resolution No. 3139 marked /
Jj 3 ;' r \ Exhibit A attached hereto are the findings and conditions of the
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3. That the tentative subdivision map of this project I I
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(CT 90-5) is approved and that the findings and cor,ditions of the i
Planning Commission contained in Resolution No. 3140 marked Exhibit
B and attached hereto are the findings and conditions of the City
Council with the exception of condition number 19 which is amended
by the addition of:
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"The City Council may approve an alternative landscape plan with the final map when the water regulations applicable at that time prevent implementation of the approved plans. The applicant shall provide a secured agreement with the alternate plan to install the landSCapi.ng required by the approved plan when the City Council determines water is available."
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4. That the condominium permit CT 90-2 is approved and
that the findings and conditions of the Planning Commission
contained in Resolution No. 3141 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 19th day of March
1991, by the following vote, to wit:
AYES: Co*lnci.l Members Lewis, Kulchin, Larson, Nygaard and Stanton,
NOES : None
ABSENT: None
1 referenced project is approved and that the findings and conditions
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ATTEST:
KRANZ, Cityplerk
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PLANNING COMMISSION RESOLUTION NO. 3139
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
FOR A TENTATIVE TRACT MAP/CONDOMINIUM PERMIT
TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT.
APPLICANT: AVIARA - PLANNING AREA 7
CASE NO.: CT 90-5/CP 90-2
WHEREAS, the Planning Commission did on the 7th day of November,
1990, and the 16th day of January, 1991, hold a duly noticed public hearing as
prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Mitigated Negative Declaration
according to Exhibit “ND”, dated August 30, 1990, and “PII”, dated August 17,
1990, attached hereto and made a part hereof, based on the following findings and
subject to the following condition:
Findings:
1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
2. The site has been previously graded pursuant to an earlier environmental analysis.
3. The streets are adequate in size to handle traffic generated by the proposed
project.
4. There are no sensitive resources located onsite or located so as to be significantly
impacted by this project.
Conditions:
1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 5.5 to 8.5 foot tall noise barrier (combination wall and berm) between
buildings 11, 12, 21, 22, 42 and 43 and Alga Road, consistent with the
recommendations of the Acoustical Study for Planning Area 7 (Mestre Greve,
1990). The wall portion of this barrier shall not be permitted to exceed six feet
in height. Prior to the occupancy of all units in buildings 11,12,21,22,42 and
43, the project applicant shall incorporate all required h-a& noise mitigation
measures (i.e. mechanical ventilation) into these units as described in the
Acoustical Analysis for Planning Area 7.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden and Hall.
NOES: Commissioner .Erwin.
ABSENT: Commissioner Marcus.
ABSTAIN: None.. y -__
CARLSBAD PLANNING CGMMISSION
ATTEST:
I Mmi+dz~ J. ~LZWLER
PLANNING DIRECTOR
PC RESO NO. 3139 -2-
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PLANNING COMMISSION RESOLUTION NO. 3140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINKJM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CT 90-5
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C,
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 7th day of November, 1990, and
the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 90-5, based on the following findings and subject
to the following conditions:
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Findings:
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The project is consistent with Master Plan 177 since the proposed net density of
5.3 du/acre is within the permitted density of 7.9 du/acre as specified within
Master Plan 177.
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
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. 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.
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.
The dedication of a 24.25 acre park site at the northem terminus of Ambrosia
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to 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.
As discussed in the staff report, the project is: (1) consistent with the
development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (2) in conformance with the Design Criteria of Master
Plan 177; (3) in compliance with the City’s Noise Policy No. 17 as conditioned;
and (4) is in conformance with the Mello I Local Coastal Program.
PC PESO NO. 3140 -2-
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10. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Development (RM/RLM/OS)
on the General Plan.
11. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on January 16,
1991. In recommending approval of this Mitigated 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 of this project could have on the environment.
12. The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
13. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
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Conditions:
1. Approval is granted for CT 90-5, as shown on Exhibit “A” - “U”, dated December
4, 1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be
submitted to the City Engineer prior to building, grading or improvement plan
submittal, whichever occurs first.
3. 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.
4. 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.
PC RESO NO. 3140 -3-
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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 fulfill the subdivider’s agreement to pay the public
facilities fee dated November 2, 1989, and the agreement to pay the Growth
Management Fee dated December 4, 1987, copies of which are on file with the
City Clerk and are incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this
project shall be void.
Water shall be provided to this project pursuant to the Water 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.
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.
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.
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. The Cc&R’s for
Planning Area 7 shall include a provision which prohibits parking vehiqles in any
private driveway which measures less than 20 feet from garage door to back of
sidewalk or edge of curb face, whichever is closest to the structure.
PC PESO NO. 3140 -4-
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The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
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.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
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.
Preliminary landscape plans shall be submitted.
All landscape plans shall be prepared to conform with the Landscape Guidelines
Manual and submitted per the landscape plan check procedures on file in the
Planning Department.
Landscape plans shah be designed to minimize water use. Lawn and other zone
1 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 shah 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 shah 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 and elevations, improvement plans and grading plans.
All landscape and irrigation plans shah 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.
PC RESO NO. 3140 -5-
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The minimum shrub size shall be 5 gallons or otherwise as approved by the
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.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolutiotiresolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Prior to the occupancy of any residential unit within this project, the Master Plans
recreationalvehiclestoragearea(withinPlanningArea23)with~ weatheraccess
road to it shall be available for use.
Prior to the occupancy of any of the dwelling units, the project applicant shall
construct a 5.5 to 8.5 foot high noise barrier (combination wall and berm)
between Alga Road and buildings 11,12,21,22,42 and 43. The noise barrier
shall be constructed consistent with the recommendations of the Acoustical Study
for Planning Area 7 (Mestre Greve, 1990). The d portion of this barrier shall
not be permitted to exceed 6 feet in height. Prior to the occupancy of all units within buildings 11,12,21,22,42 and 43, the project applicant shall incorporate
all required traffic noise mitigationmeasures (ie. me&a&al ventilation) into these
units, as desuibed in the Acoustical Ana@is for PA-7.
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 pennit.
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Prior to the issuance of a grading pexmit, all Coastal Deed Restricted areas
(portions of Lots 38,44,45 and 50 as shown on Exhibit “9) shall be staked and
flagged to prohibit encroachment by construction equipment.
All UK@ which are setback a minimum of 5 feet from a private driveway shall be
equipped with an automatic garage door opener.
All perimeter fences/walls shall be required to be 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 fktures in conformance
with State and Local Laws and Policies, be incorporated into the projects design.
Prior to the recordation of the first final 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 shall prepare and record a notice that this
property 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 shall 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.
Prior to final map approval, the project applicant shall be required to record a deed
restriction over that open space area located between Goldfinch Court and Wigeon
Place, which prohibits the connection of these two streets.
Engineerinn Conditions:
41. This approval is subject to all conditions of approval of Master Plan 177, Carlsbad
Tract 85-35 and Zone 19 Local Facility Management Plan, and any amendments
theretO.
42. This project is located within the Mello I Local Coastal Plan. All development
design shall comply with the erosion control, grading and dxainage requirements
of that plan.
43. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
44. The developer shah be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
. . . .
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The developer shall provide an acceptable means for maintaining all the private
streets, sidewalks, street lights, open space, 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 Fngineer. All of the above
improvements are considered private unless otherwise labeled on the tentative
=P-
Approval of this tentative tract map shah 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 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.
The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
. . . .
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No grading shall occur outside the limits of the subdivision unless a grading or
slope easement is obtained from the owners of the affected properties. If the
developer is unable to obtain the grading or slope easement, he must either amend
the tentative map or change the slope so grading will not occur outside the project
site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director.
A separate grading plan shall be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site
within this project the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shah comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shah 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 temporary desiltation basins onsite of a type and size
and at locations as approved by the City Engineer. The developer shah 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 first 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 necessary 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.
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Direct access rights for all lots abutting Alga Road shall be waived on the fInal
map except for the point of connection with Baccharis 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 shah provide adequate means of eliminating urban pollutants from
drainage prior to discharge. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit.
Some improvements shown on 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 shah 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. Irrigation systems to accommodate future reclaimed water shall be designed
and installed consistent with Title 17 of the California Administrative Code,
and to the satisfaction of the City Engineer and the Water District.
B. 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 and/or improvement plan approval which ever occurs first.
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.
PC RESO NO. 3140
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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 structural section of all private streets shall conform to City of Carlsbad Standards based on
R-value tests. All private streets’ and drainage systems shall be inspected by the
City, and the standard improvement plan check and inspection fees shall be paid
prior to approval of the final map for this project. The horizontal design of the
private streets are approved as shown on the tentative map.
The private sidewalk shall be kept clear of all obstructions including, but not
limited to, fire hydrants, mail boxes and street lights.
The subject property is within the boundaries of Assessment District No.88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the
subdivider may pass through assessments to subsequent owners & if the
subdivider has executed a Special Assessment district Pass-Through Author&ation
Agreement. Said agreement contains provisions regarding notice to potential
buyers of the amotmt of the assessment and other provisions and requires the
subdivider to have each buyer receive and execute a Notice of Assessment and an
Option Agnxment. In the event that the subdivider does not execute the
Authorization Agreement, the assessment. on the subject property must be paid off in fdl bv the subdivider txior to any subdivision 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 segregations A
segregation is not required if the subdivider pays off the assessment on the subject
property prior to the recordation of the final map. III the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of ez& new lot.
This project is approved under the express condition there will be’model units.
The grading required for the model units is shown in an exhibit to the tentative
map. The grading for the model units prior to Enal 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.
AU storm drain and sewerlines which do not carry public flows shall remain private
and be maintained by the Homeowners Association. A note to this effect shall be
placed in the CC&R%.
If the developer chooses to construct out of phase, all improvements requited by
previous contiguous phases must be constructed.
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75. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara Master
Association con cumat with final map recordation per the agreement between the
developer and Hillman Properties.
76. The following amas shall be granted as covenant for easements to all owners of
condominium units (not the Homeowner Association). These covenant for
easemeuts 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 all
paved areas and sidewalks, except individual concrete driveways, for access,
parking, private utilities and maintenance purposes.
2. A common area in perpetuity as a covenant running with the land over Lot
1 through Lot 23 inclusive, for landscaping, access and maintenance
Pwposes-
These covenants for easements shall be binding upon all successors, assigns and
transferee of covenantor. These covenants can not be quitclaimed without the
approval of the City. Wording to that efkct shall be placed in the covenants.
77. The emergency access road shall be constructed with Phase 6.
78. Phase 3 of CF 90-S shall include street, curb, gutter, storm drainage inlets and the
necessary infrastructure in Sand Astor Drive and Plover Court necessary for the
development of that phase, to the satisfaction of the City Engineer:
Fire Conditions:
79. Additional public and/or on site fire hydrants shall be provided if deemed
necessary by the Fire Marshal.
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An all weather access road shall be maintained throughout construction.
AU required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
82. Proposed security gate systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
83. All private driveways shall be kept clear of parked vehicles at all time, and shall
have posted “NO Parking/Fire Lane - Tow Away Zone” pursuant to Section
17.04.040, Carlsbad Municipal Code.
84. Fire retardant roofs shall be required on all structures.
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85. Brush clearance shall be maintained according to the specifications contaihed in
the City of Carlsbad Landscape Guidelines Manual.
86. All fire alarm systems, k-e hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
87. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
Water District:
88. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met.
89. The developer’s engineer shall schedule a meeting with the District Engineer and
the City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvements plans.
90. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden
and Hall.
NOES: Commissioner Erwin.
ABSENT: Commissioner Marcu - --.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3140 -13-
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PLANNING COMMISSION RESOLUTION NO. 3141
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT
THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD
AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CP 90-2
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit
G
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 7th day of November, 1990, and
the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
J9 That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CP 90-2, based on the following fkxlings and subject
to the following conditions:
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Findings:
The project is consistent with Master Plan 177 since the proposed net density of
5.3 du/acre is within the permitted density of 7.9 du/aa-e as specified within
Master Plan 177.
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
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this
project.
The dedication of the 12.4 acre school site at the intersection of Alga Road and
Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad
Unified School District school facilities.
The dedication of a 24.25 acre park site at the northem terminus of Ambrosia
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The proposed project is consistent with the City’s Planned Development Ordinance
and also complies with the Design Guidelines Manual.
As discus4 iu the staiT report, the project is: (1) consistent with the
development standards of the Aviara Master Plan 177 and the Planned
Development Ordinance; (2) in conformance with the Design Criteria of Master
Plan 177; (3) in compliance with the Civs Noise Policy No. 17 as conditioned;
and (4) is in conformance with the M&o I Local Coastal Program.
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The proposed project is compatible with the surrounding future and existing land
uses since surrounding properties are designated for Residential Development
(RM/RLM/OS) on the General Plan.
This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on January 16,
1991. In recommending approval of this Mitigated 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.
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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All conditions of approval for CT 90-S as contained in Planning Commission
Resolution No. 3140 apply to this approval and are incorporated through this
reference.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden and Hall.
NOES: Commissioner Erwin.
ABSENT:
ABSTAIN:
Commissioner Marcus.
None.
CARLSBAD PLANNING COMMISSION
ATTEST:
J
MICHAEL j. HOL?!MILti
PLANNING DIRECTOR
PC RESO NO. 3141 -4-
C I c -m Hunsahr C Associates San Diego, Inc.
1 Planning l Engineering l Surveying l GPS
April 6, 1993
Ray Patchett, City Manager
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 920094359
RE: Aviara Planning Area 7 - Extension of Time
Request for CT-90-05
Dear Mr. Patchett:
On behalf of our client SBS Realty, Inc., the current owner of the above referenced
project, we respectfully request a two week continuance of time. The purpose of this
request is to allow the owner to further discuss the language contained in Condition E
regarding inclusionary housing with staff.
It is SBS’ understanding that the currently pending agreement between Aviara and
the City regarding inclusionary housing, if approved, will satisfy Condition E. It is the
owner’s desire that such language be included in the condition language.
If there are questions, please contact myself or Richard Amerian of SBS Realty, Inc.
Thank you for your assistance in this matter.
Respectfully,
I=Q+J_s AId ‘R AND ASSOCIATES
Lex ‘williman
Planning Director
LWkb
214-114
wp:214.1Oa
102 79 Huennekens Street l San Diego, CA 92121 l (619j 558-4500 l FAX: (619j 558-2414
Offices: San Diego 8 h-vine l Riverside/San Bernardino
David Hammar l . Jack HilI
May 4, 1993
Lyon Communities 4330 La Jolla Village Drive, Suite 130 San Diego CA 92122'
RE: Extension of Time for Tentative Map for CT 90-05, Aviara Planning Area 7
The Carlsbad City Council, at its meeting of April 20, 1993, adopted Resolution No. 93-71, granting a one year extension of time of the tentative map for Carlsbad Tract 90-05, Aviara Planning Area 7.
Enclosed please find a fully executed copy of Resolution No. 93-71.
bii&ii~$- CMC Assistant City Clerk
KRK:ijp
Enclosures
.I 200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808