HomeMy WebLinkAbout1993-05-04; City Council; 12206; Aviara Planning Area 5TIME FOR THE TENTATIVE MAP FOR
CARLSBAD TRACT CT 90-09,
AVIARA PLANNING AREA 5
?ECOMMENDED ACTION:
Adopt Resolution No. 930 / 13 granting a one year extension of time of the tentative
map for Carlsbad Tract 90-09, Aviara Planning Area 5.
ITEM EXPLANATION:
Aviara Land Associates have requested an extension of time for Carlsbad Tract 90-09,
Aviara Planning Area 5, a 147 dwelling unit condominium project. The project is located
in Local Facilities Management Plan (LFMP) Zone 19, south of Alga Road approximately
1 .O mile west of El Camino Real.
The tentative map was originally approved on December 4, 1990 in accordance with City
Council Resolution 90-416 giving the developer two years to complete the requirements
to obtain a final map. Planning and Engineering staff have reviewed the project and the
request for a tentative map extension. As stated in the applicants letter, the time
extension is requested due to the current economic recession which has prevented
various owners/developers 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, ten 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 3100, still apply.
FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased
operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues; however, an exact percentage of offset was not
calculated.
GROWTH MANAGEMENT STATUS:
Facilities Zone 19
Local Facilities Management Plan 19
Growth Control Point 7.9
Net Density 6.17
Special Facilities - C.F.D. No. 1
PAGE TWO OF AB# --
EXHIBITS:
1.
2.
3.
4.
Location Map.
Resolution No. 9 30 / gr? granting a one year extension of time for the
tentative map for CT 90-09, Aviara Planning Area 5 with additional conditions
included therein, as well as, incorporating all prior conditions of approval.
Letter requesting extension.
City Council Resolution 90-416 and Planning Commission Resolutions 3099,310O
and 3101.
LOCATION MAP
To Poinsettia Lane
nts
To El Camino Real
LOC*T’ON: AVIARA PLANNING AREA 5
East of El Camino Real, South of Alga Road
EXHIBIT
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RESOLUTION NO. 93-127
A RESOLUTlON OF THE CR-Y COUNCIL OF THE CR-Y OF CARLSBAD,
CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO.
CT 90-09/AVIARA PLANNING AREA 5
WHEREAS, the City Council of the City of Carlsbad on, December 4, 1990, adopted
Resolution No. 90-416 approving with conditions Tentative Map No. CT 90-09; and
WHEREAS, Tentative Map No. CT 90-09 would have expired as of December 4,1992;
and
WHEREAS, the applicant is diligently pursuing those acts required to obtain a final
map; and
WHEREAS, the project can be found to be in conformance with the General Plan,
current City ordinances and current City policies with the imposition of additional conditions;
and ,
WHEREAS, the applicant has consented to the imposition of such conditions and has
agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map subject to and
relying upon the 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 90-09 is hereby extended for one year until
December 4, 1993, subject to all of the conditions contained in Council Resolution No. 90-416
adopted on December 4, 1996 and the following additional conditions:
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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
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.
B. 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.
C. 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.
D. Prior to final map approval the applicant shall pay all current fees and deposits
required.
E. 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.
F. Prior to final map submittal the following two changes shall be made to the
substantial conformance exhibit:
i. Remove from the Substantial Conformance Exhibit the aggregate base
that is shown below the PCC sidewalk, on the typical street sections.
ii. Show clearly on the Substantial Conformance Exhibit, the distinction
between lot line and phasing line boundaries.
0. The following statements shall be included in the CC&R’s:
i. 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.
ii. 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.
.*. III. 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.
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iv. 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.
H. 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
(CSWQCB) and pay the appropriate fee for a storm water permit.
I. Prior to issuance of a building permit for any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance
with City Council Resolution No. 91-39.
~ 4. That the Agreement for Waiver of Prohibition Against the Imposition of
Conditions upon the Approval of an Extension of a Tentative Subdivision Map between Aviara
Land Company and Republic Development Company and the City of Carlsbad signed by the
Aviara Land Company and Republic Development Company on February 25, 1993 on file in
the office of the City Engineer is approved, and the Mayor is authorized to execute said
agreement on behatf of the City.
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5. That this extension is approved in reliance upon said agreement. Any legal
challenge to or failure to perform said agreement or the conditions of this resolution shall
render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the f,rh day of MAY , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
AT-I-EST:
P
ALETHA L. RAUTENK-WNZ, City Clerk
AVIARA
February 2, 1993
RECEIVED
FEi3 iI 9 1993
Ci?-Y OF CARLSBAD
ENGINEERING COUNTER Mr. David Hauser Assistant City Engineer City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009
Subject: T. M. Extension Request, Aviara PA 5, CT 90-09
Dear Dave:
In response to your inquiry, it is our desire that the tentative map for PA 5 be granted an extension. We have attached, for your use, a check in the amount of $4,962 for this purpose.
We have experienced a number of delays on this project as different owner/developers have pursued financing in a difficult development market. We believe we are
approaching a reasonable and feasible solution, but obviously need the approved tentative map in place for any such deal to proceed.
Thank you for your patience and assistance in this matter. Please feel free to call me if
assistance in this matter.
Director of Engineering
CRN/er cc: D. L. Clemens
ptitm.an
EXHIBIT 3
2011 t'/\LOhlm AIKIWKT KOAIJ SUITE 206 CAKLSBAD.~ALII:OKNIA 92009 (619)931-1190 l~~~:(619)931-7950
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RESOLUTION NO. 90-416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING CONDITIONAL NEGATIVE DECLARATION, TENTATIV; SUBDIVISION MAP (CT 90-9) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-12) FOR A 147 DWELLING UNIT PROJECT ON 23.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. APPLICANT: AVIARA - PLANNING AREA 5 CASE NO: CT 90-9/PUD 90-12
WHEREAS, on October 3, 1990 the Carlsbad Planning
Commission held a duly noticed public hearing tc consider a
proposed Mitigated Negative Declaration, Tentative Subdivision Map
CT 90-9, and Planned Unit Development permit PUD 90-12 for a 147
dwelling. unit condominium project and adopted Resolutions Nos.
3099, 3100 and 3101, respectively, recommending to the City Council
that the Mitigated Negative Declaration, Tentative Subdivision Map
and Planned Unit Development permit be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
November 20, 1990' held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
CT 90-9 and PUD 96-12; and
WHEREAS, a Mitigated Negative Declaration was issued on
August 30, 1990 and submitted to the State Clearinghouse for a 30
day r8view period. All comments received from that review period
are fully incorporated into the conditions of approval for the
tentative map. These conditions will be reviewed through a
monitoring program set up for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
EXHIBIT 4
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1. That the above recitations are true and correct. /
2. I That the mitigated negative declaration on the above 1
referenced project is approved and that the findings and conditions
of the Planning Commission contained in Resolution No. 3099 marked
Exhibit A attached hereto are the findings and conditions of the
City Council.
3. That the tentative subdivision map of this project
(CT 90-g) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3100 marked Exhibit
B and attached hereto are the findings and conditions of the City
Council.
4. Planned Unit Development Permit PUD 90-12 is approved
and that the findings and conditions pf the Planning Commission
contained in Resolution No. 3101 marked Exhibit C and attached
hereto are the findings and conditions of the City Council.
PASSED, APPROWD AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 4th day of December
1990, by th8 fOllOWing VOt8, t0 Wit:
AYES : Council MKutbers Lewis, Kulchin, Larson and Pettine
NOES : None
ABSENT: Council Member Mamaux
ATTEST:
ALETHA L. RAUTEN-2, City Clekk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3099
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
FOR A TENTATIVE TRACT MAP/PLANNED UNIT
DEVELOPMENT TO DEVELOP A 147 DWELLING UNIT
CONDOMINIUM PROJECT.
APPLICANT: AVIARA - PLANNING AREA 5
CASE NO.: CT 90-9/PUD 90-12
WHEREAS, the Planning Commission did on the 3rd day of October, 1990,
hold a duly noticed public hearing as prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering 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)
B)
That the foregoing recitations are true and correct.
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 15,
1990, attached hereto and made a part hereof, based on the following findings and
subject to the following condition:
Fin-:
1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment.
2.
3.
The site has been previously graded pursuant to an earlier environmental analysis.
The streets are adequate in size to handle traffic generated by the proposed
project.
1 4. There are no sensitive resources located onsite or located so as to be significantly
2 impacted by this project.
3 Conditions:
1. Prior to the occupancy of any of the dwelling units, the project applicant shall
construct a 5.0 foot high sound attenuation wall between Alga Road and the
pro@ dwelling units 126-129 and 131-134 along this road. The wall shall be
constructed consistent with the recommendations of the Acoustical Study for
Planning Area 5 (Mestre-Greve, 1990). Prior to the occupancy of units 126-129
and 13.1-134, the project applicant shall incorporate all required t&i% noise
mitigation m&sure (ie: mechanical ventilation) into these units as described in the
Acoustical Analysis for Planning Area 5.
9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
10 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by
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the following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes,
Marcus and Hall.
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ABSENT: Commissioners: Erwin and McFadden.
ABSTAIN: None.
A-I-TES-L
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
j&kikk
PLANNING DIRECTOR
PC FESO NO. 3099 -2- .
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PLANNING COMMMION RFSOLUTION NO. 3100
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS
DRIVE.
CASE NAME: AVIARA - PLANNING AREA 5
CASE NO: CT 90-9
WHEREAS, a verified application for certain property to wit:
Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit
C, in the City of Carlsbad, County of San Diego, of the County Recorder of
San Diego County, June 19,1989, #89-346187
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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
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
WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold
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arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map and Planned Unit Development.
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 90-9, based on the following findings and subject
to the following conditions:
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Findings:.
1. The project is consistent with Master Plan 177 since the proposed net density of
6.17 du/acre is within the permitted density of 7.9 du/acre as specikd within
Master Plan 177.
2. The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
3. The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning
Commission has added a condition that a note shall be placed on the final map
that building pennits may not be issued for the project unless the City Engmeer
determines that sewer service is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General Plan
have been met insofar as they apply to sewer service for this project.
4. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing CarIsbad
unified school District school fkilities.
5. The dedication of a 24.25 acre park site at the northem terminus of Ambrosia
Lane satisk park fee requirements.
6. All necessary public improvements have been provided or will be required as
conditions of approval.
7. 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 End that public facilities will be available
concurrent with need as required by the General Plan.
8. Assurances have been given that adequate sewer for the project wiU be provided
by the City of Carlsbad.
9. As discussed in the staff repa& the project is: (1) consistent with the
development szadads of the Aviara Master Plan 177 and the Planned
Development Ordhnce; (2) in confoxmance with the Design Criteria of Master
Plan 177; (3) in compliance with the Civs Noise Policy No. 17 as conditioned;
and(4)isinconformancewithtbeMelloI~CoastalProgram,
PC RESO NO. 3100 -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) 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 October 3,
1990. 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 @th the Civs 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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Approval is granted for CT 90-9, as shown on Exhibit “A” - “Y, dated August 28,
1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the City Council. The Tentative Map shall
reflect the conditions of approval by the City. The Map copy shall be submitted
to the City Engineer prior to building, grading or improvement plan submittal,
whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets
within and adjacent to the project.
This project is approved upon the express condition that the final map shall not
be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision.
PC RESO NO. 3100 -3-
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5. This project isapproved 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.
6. 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 subdivideis agreement to pay the public
facilities fee dated March 1, 1990, 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.
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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.
PC PESO NO. 3100
The applicant shall establish a homeowner% 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 5 shall include a provision which prohibits parking vehicles 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.
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12. The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Directois approval prior to final map approval.
13. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of
grading or building permits, whichever occurs tirst.
14. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
15. The developer shall install street trees at the equivalent of a-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
16. 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.
17. Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Guidelines Manual) shall be limited to areas of special
visual importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
18. Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building foot
print, improvement plans and grading plans.
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PC RESO NO. 3100
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
Mature trees which are removed shall be replaced one to one with minimum 36"
box specimen. Each case shall be reviewed .by the Planning Director.
The minimum shrub size shall be 5 gallons, except at approved by the’Planning
Director.
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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 shah 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.
AU sales maps that are distributed or made available to the public shah 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 shah
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Prior to the occupancy of any residential unit within this project, the Master Plans
recreational vehicle storage area (within Planning Area 23) with all weather access
road to it shall be available for use.
Prior to the occupancy of any of the dwelling tits, the project applicant shall
construct a 5 foot high sound attenuation wall between Alga Road and the
proposed dwelling units along Alga Road. The wall shall be constructed consistent
with the recommendations of the Acoustical Study for Planning Area 5 (Mestre
Grew, 1990). Prior to the occupancy of units 126 - 129 and 131 - 134, the
project applicant shall incorporate all quid trafEc noise mitigation meamres
(ie. mechanical ventilation) into these units, as desaibed in the Acoustical Analysk
for PA-S.
Prior to the ~eofagradingpermitortherecordationofthefinal~p,the
pmject applicant shall receive a Coastal Development Permit that approves
developme!nt that is in substantial conformance with this City approval. The
coastalPenmit~berequiredtobesubmittedtothecityPlanningDepartment
for review prior to the issuance of a grading permit.
Prior to the issuanceofagradingpermit,allCoastalDeedRestricted~(oldLot
22and24~shown0n~bit”B”and”~shallbestakedand~ggedtoprohl’bit
encroachmentby constNclionequipmellt.
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Allunits which are setback a minimum of 5 feet f&m 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 ef&ient 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 shah 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 shah post aircraft noise notification signs in all
sales and/or rental offices associated with the new development. The number and
locations of said signs shah be approved by the Planning Director.
This project is approved subject to the condition that should any of the 9 exkting
on-site oak trees be lost to development, the applicant (McKdlar) or successor in
interest shall be required to replace these oak trees at the following ratios:
Two minimum sized 24” box spdmens for each 6” to 23” diameter oak tree, two
minknumsized24”boxspecimensandoneminimumsized36”boxspecimenfor
each24”-4oViameteroaktree,one minimumsized36”boxs@menandone
minimum sized 48” box specimen for each 41” - 60” diameter oak tree.
Enzineering:
40. This approval is subject to all conditions of approval of Master Plan 177, Carl&ad
Tract 85-35 and Zone 19 bzd Facility Management PHI, and any amendments
thereto.
41. This project is located witbin the Mello I Local Coastal Plan. All development design &all comply with the erosion control qukments of that plan.
42. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
43. The developer shall 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 the private
streets, sidewalks, street lights, storm drain facilities and sewer facilities located
within the subdivision and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the subdivision, Adequate
provision for such maintenance shall be included with the CC&R’s subject to the
approval of the City Engineer. Except for Batiquitos Drive and Hummingbird Drive
all of the above improvements are considered private,
All concrete terrace drains shall be maintained by the homeowner% association (if
on commonly owned property) or the individual property owner (if on an
individually owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R’s.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may
be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
Prior to approval of the final map the developer shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update.
The 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. z
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.
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
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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 shah be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the City limits.
Prior to hauling dirt or construction materials to any proposed construction site
within this project the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care d,uring 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 desiltatiotidetention basins of a type and size and
at locations as approved by the City Engineer. The developer shall enter into a
desiltation basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
of final map whichever occurs first for this project. Each desiltation basin shah be serviced by an ah-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 are to be provided to convey roof drainage to an approved dminage
device as approved by the City Eugheer.
Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permits as may be required
by the City Engineer.
The developer shall make an offer of dedication to the City for aJl 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 offeied 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.
Ditectaccessrightsfor~lo~abuttingH~Drive,Ba~t~Diiveand
RodtDoveStreetshallbewaivedonthefinatmape3tceptthosepointsof
ccmneaion to private streets or as requkd for emeqg3q access.
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Prior to approval of any grading or building permits for this project, the owner
shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The
subdivider shall provide adequate means of eliminating grease and oils from
drainage prior to discharge. Plans for such improvements shah be approved by the City Engineer prior to issuance of grading or building permit. Those plans shah be in conformance with the “waste discharge requirements for storm water and
urban runoff from the County of San Diego.:
The developer shall install street lights along all public and private street frontages
in conformance with City of Carlsbad Standards.
The developer shah install a wheelchair ramp at the public street comer abutting
the subdivision in conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the subdivider
has sticient title or interest to permit the improvements to be made without
acquisition of title or interest. The Developer shall conform to Section 20.16.095
of the Carlsbad Municipal Code.
Plans, specifications, and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements
shown on the tentative map and the following improvements:
A. Alga Road to major arterial standards or better from Mimosa Street to El
Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction
of the City Engineer.
Improvements listed above shall be constructed within 24 months of final map
approval.
The Fire Marshal has determined that onsite fire hydrants are required to serve this
project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline
improvement plans and easements. All improvements shall be designed in
conformance with City and Water District Standards, plancheck and inspection fees
paid and improvement security shall be posted with the Water District.
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The design of all private streets and drainage systems shall be approved by the
City Engker prior to approval of the Enal map for tbis project. The structural
section of all private streets shall conform to City of Carl&ad Standards based on
R-value tests. The horizontal design of the private streets are approved as shown
on the Tentative Map. All private streets and drainage systems shall be inspected
by the City, and the standards improvement plan check and inspection fees shall
be paid prior to approval of the Enal map for this project.
Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future
reclaimed water distribution systems should be anticipated by the installation of
adequately sized sleeves at crossing points to minixnize street excavation,
The subject property is within the boundaries of Asesment District No. 88-l
(Alga Road). Upon the subdivision of land within the district boundaries, the
subdivider may pass through assessments to subsequent ownexs & if the
subdivider has executed a Special Assessment District Pass-Through Authokation
Agreement. Said agreement contains pn>visions regard& notice to potential
buyer of the amount of the assessment and other provisions and requires the
subdivider to have each buyer receive and execute a Notice of Assessment and an
Option Agreement. In the event that the subdivider does not execute the
Autboxization Agreement, the assament on the subject property must be Daid off
in fidl bv the subdivider Drier to anv subdivision of the land.
As required by State law, prior to the recordation of a tinal map over any of the
subject property, a segregation of assessments must be completed and reco&d for
all subdivided lots. By applying for a segregation of assessments, the subdivider
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the subdivider pays off tbe assessment on the subject
property prior to the record&on of the fmal map. In the event a segregation of assessments is not recorded and property is subdivided, the iiJl amount of
assessmentwillappearont.betaxbillsof~nf5wlot.
This project is approved under Ihe express condition there will be model units.
Thegrading~forthemodelrmitsisshowninanexht’bito~tentative
map. The grading for the model units prior to fInal recordation is autborized
pursuant to the appzwal of this tentative map. Sewer and water must be provide
to the site. Fire hydrants shall be provided as deemed necessary by tbe Fire
MaxsbaL Aseparategradingpermitshdlbeobtainedforthemodelarea.
S~,cmbinletsshallbeinstalledon~PlaceandArdeolaDriveattheir
intdons with Hummingbird Drive.
A) The lot configurations as &own on the tent@ive map are specifically not
approved. This project &all have a total of fourteen (14) lots. New kt 1
shallbecomprisedofLots16and17. NewLot2shallbecomprisedofLots
PC MS0 NO. 3100 -ll-
1,2and4. NewLot3shallbecomprisedofLots5,6and7. NewLot
shall be comprised of Lots 8,9 and 10. New Lot 5 shall be comprised of
Lots 11,12 and 13.
the recreation area.
New Lot 6 shall be comprised of Lots 14 and 15 except
New Lot 7 shall be comprised of Lot 18 and 19 except the recreation area. New Lot 8 shall be comprised of Lots 20 and 21. Open
Space Lots 23, and 24 shall be renumbered Lots 9 and 10. The lot
configuration as described in this condition is included as an attachment
1. Open Space Lot 22 shall be renumbered Lot 12. The recreation areas shall be renumbered Lots 11,13 and 14. New Lot 13 shall consist of
a portion of old Lot 19. New Lot 11 shall consist of old Lot 3. New
Lot 14 shall consist of a portion of old Lot 15.
B) The phasing shall be consistent with the lot numbers except:
1. Phase 4 shall include the portion of Ardeola shown in Phase 5..
2. The landscaping for new Lot 9 (old Lot 23) shall be included no later
thanPhase3.
3. The landscaping for Lot 10 (old L,ot 24) shall be included no later
thanPhase6.
4. Phase 1 shall include the conkruction of recreation area bt 13.
5. Phase 2 shall include the landscaping of new open space Lot 12 and
the construction of Recreation Area Lot 11.
6. Phase 6 shall include the construction of recreation area Lot 14.
Cl Thetwoopenspacelots-newLots9andlO(oldLots23and24)shallbe
deeded over to the Aviara Master Association con cuITenHviwinalInap
recordation per the agreement between the developer and Hillman
Properties.
D) The following areas shail be granted as covenant for easements to all
ownexs of condominium units (not the Homeowner Association). These
covmant for easements shall be conveyed by separate document and
record4 con cuITeIltwitWhefinalmap.
1. Acommonareainperpetuityasacovenan trunningwiththeland
overtheareasshownasoldLots3andaportionofLot19newLots
11,14and13o~thetentativemap,forlandscapingmaintenanceand
recre!atiolld pmposes.
2. Acommon~inperpetlrityasacovenantnmningwiththeland
over all paved areas and sidewalks, except individual concrete
driveways, for vehicular access, parking, private utilities and
maintenanceprtrposes.
3. Acommonareainperpehxityasa coveDantnmDingwitbtheland
over new Lots 1 &rough 8 inclusive, for landscaping, access and
main~enallcep~.
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4. A common area in perpetuity as a covenant running with the land
over new Lot 12 (old Lot 22) for open space purposes.
These covenant for easements shall be binding upon all successors, assigns
and transfers of covenantor. These covenants cannot be quitclaimed without
the approval of the City. Wording to that effect shall be placed on the
covelMnts.
El AlI the above changes shall be shown on the approved tentative map mylar.
76. If the developer chooses to construct out of phase, all improvements required by
previous phases are required.
Fire Conditions:
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Additional public and/or on site fire hydrants shall be. provided if deemed
necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on site roads and drives to the Fire
Marshal for approval.
An all weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
Proposed emergency access systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
Fire retardant roofs shall be required on all structures.
Brush clearance within this Planning Area shall be maintained according to the
specifications contained in the City of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
Water District:
85. 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 fie flow demands are met.
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86. The developer% 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.
87. The developer will be responsible for all water fees and water 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
6 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by
7 the following vote, to wit:
8 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall. 9
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NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
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ABSTAIN: None.
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SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3101
A RESOLUTION .OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS
DRIVE.
CASE NAME: AVIARA - PLANNING AREA 5
CASE NO.: PUD 90-12
WHEREAS, a verified application for certain property to wit:
Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit
C, in the City of Carlsbad, County of San Diego, of the County Recorder of
San Diego County, June 19, 1989, #89-346187
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering 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 Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
I
I follows:
1 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 PUD 90-12, based on the following findings and
subject to the following conditions:
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The project is consistent with Master Plan 177 since the proposed net density of
6.17 du/acre is within the permitted density of 7.9 du/acre as specSed witbin
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 northern 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 Ciws Planned Development Ordinance
and also complies with the Design Guidelines Manual.
As discus& in the staff repor& the project is: (1) consistent with the
development stadads of the Aviara Master Plan 177 and the Planned
Development Ordinance; (2) in conformance with the Design Crimia of Master
Plan 177; (3) in compliance with the City’s Noise Policy No. 17 as conditioned;
and (4) is in confomce with the Mello I Local Coastal Program.
The proposed project is compatible with the surrounding future and existing land
uses since surrounding properties are designated for Residential Development (RM,
RLM) on the General Plan.
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Conditions:
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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 October 3,
1990. 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.
All conditions of approval for CT 90-9 as contained in Planning Commission
Resolution No. 3100 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 3rd day of October, 1990, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall.
None.
Commissioners: McFadden and Erwin.
None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PC RESO NO. 3101 -4-
May 10, 1993
Mr. Curt R. Noland Director of Engineering Aviara 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009
RE: Extension of Time for Tentative Map for CT 90-09, Planning Area 5
The Carlsbad City Council, at its meeting of May 4, 1993, adopted Resolution No. 93-127, granting a one year extension of time of the tentative map for Carlsbad Tract 90-09, Planning Area 5.
Enclosed please find a fully executed copy of Resolution No.. 93-127.
&a CMC Assistant Cl y &erk
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808