Loading...
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. I 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: 1. 2. 3. 4. 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. ^- - 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 1 . 1 :_ r * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. RESOLUTION NO. 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. D. E. F. 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: i. ii. iii. iv. V. 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) - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ij /I I I! I, /~ j 1; / 1: Ij - 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 .- ; ) of the Planning Commission contained in Resolution No. 3139 marked / Jj 3 ;' r \ Exhibit A attached hereto are the findings and conditions of the I! City Council. 1 j; I’ ; // I! / 3. That the tentative subdivision map of this project I I E I’ ; ., 7 a 9 10 (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: 11 12 13 14 15 +>ma zysu gaad ZOJS 16 '5811 c " l7 "2 u 18 ‘! 1, il ‘I (/ :I Ii I "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." 19 20 21 22 23 24 25 i/ ji !i I/ 11 j/ I! ;I 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 26 I/ ATTEST: KRANZ, Cityplerk . 1 2 3 4 5 6 7 8 9 ‘10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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: . . . . . . . . 1 2 z 4 5 6 7 E S 1c 11 12 12 14 15 1E 17 1E 1s 2c 21 2i 2: 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - - 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. II 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- 20 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 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- 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 1E U 11 1E 19 2c 21 22 22 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 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. PC EIESO NO. 3140 -6- - 1 2 3 4 5 6 7 8 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. 36. 37. 38. 39. 40. 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. . . . . PC RESO NO. 3140 -7- r . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4s. 46. 47. 48. 49. 50. 51. 52. 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. . . . . PC RESO NO. Z&l-O -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. 58. 59. 60. 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. PC RESO NO. 3140 -9- 1 2 3 4 5 6 7 a .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. 62. 63. 64. 65. 66. 67. . . . . 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 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 68. 69. 70. 71. 72. 73. 74. 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. PC RESO NO. 3140 -ll- I L - c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 2c 21 22 22 24 25 26 27 28 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. 80. 81. 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. PC RESO NO. 3140 -12- 1 2 3 4 5 6 7 8 9 1c 11 12 1Z 14 15 1c 17 l=Z 1s 2c 21 22 22 24 2E 26 23 2E 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- - . 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: . . . . 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. 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. PC RESO NO. 3141 -2- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 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: 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. PC RESO NO. 3141 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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