HomeMy WebLinkAbout1995-11-07; City Council; 13370; Aviara Planning Area 12.
v Cl’--’ OF CARLSBAD - AGEI’” ‘A BILL 0 9
4B#m TITLE: REQUEST FOR AN
I/IT& 11-07-95 EXTENSION OF TIME FOR THE TENTATIVE MAP FOR
IEPT. ENG CARLSBAD TRACT CT 8939
AVIARA PLANNING AREA 12
?ECOMMENDED ACTION:
Adopt Resolution No.95 -.?// granting a one year extension of time for Carl&ad Tract
8939, Aviara Planning Area 12.
ITEM EXPLANATION:
Aviara Land Associates have requested an extension of time for Carl&ad Tract 89-39,
Aviara PA 12, a 108 unit condominium project. The project is located in Local Facilities
Management Zone 19, south of Alga Road approximately one mile west of El Camino Real.
The tentative map was originally approved on October 2, 1990 in accordance with City
Council Resolution No. 99358. The approval was for the standard two years, making the
expiration date of the tentative map October 2, 1992. Subsequently, a one year extension
of time was granted, until October 2, 1993, by City Council Resolution No. 93-40. On
September 13, 1993 the State of California by SB 428 granted a one time extension of two
years for all active tentative maps. This was two years in addition to any time left for the
maps. Therefore, the current date of expiration is October 21, 1995.
Chance Development Corporation proposes to amend the project in order to meet current
market requirements for condominiums. This requires that the tentative map be amended.
There is not sufficient time to process an amendment to the tentative map prior to its
expiration, therefore an extension of time is being requested. Staff recommends that the
request for an extension of time be granted.
The project as conditioned on the first extension conforms with the General Plan, current
City ordinances and standards. Staff finds that no new conditions are required. In order for
the City Council to be able to add any new conditions, if they so choose, the applicant has
executed an Agreement for Waiver of Prohibition Against the imposition which is on file in
the Engineering Department..
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 was not calculated.
Facilities Zone 19
Local Facilities Management Plan 19
# Growth Control Point I 12.1
Net Density I 5.93
Special Facilities 1 C.F.D. No. 1
Page 2 of Agenda Bill No. 4 370
1. Location Map
2. Resolution No. 9 5 -3 /( granting an extension of time for Carlsbad Tract 89-39,
Aviara Planning Area 12.
3. Application requesting extension.
4. A packet for reference, containing:
a. Cii Council Resolution No. 93-40 granting a one year extension and attaching
additional conditions.
b. Cii Council Resolution No. 90-358 granting the original approval.
C. Planning Commission Resolution No. 3982 recommending approval of the
original project containing the original conditions of approval.
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CITY OF OCEANSIDE
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PROJECT NAME
A VIARA PA 12
PROJECT EXHIBIT
NUMBER
CT89-39X2 I
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RESOLUTION NO. 9 5 - 3 11
A RESOLUTION OF THE CITY CCUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE
MAP NO. 89-39, AVIARA PLANNING AREA 12
WHEREAS, the City Council of the City of Carlsbad on October 2, 1990, adopted
Resolution No.90-358 approving Tentative Map No. CT 89-39; and
WHEREAS, the City Council of Carl&ad on March 2, 1993, adopted Resolution No. 93-40
granting a one-year extension for Tentative Map 89-39; and
WHEREAS, the State of California on September 13, 1993 approved SB 428 extending
the time for all active tentative maps for an additional period of two years; and
WHEREAS, Tentative Map CT 8839 would now expire October 21, 1995; 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 the existing conditionqrand
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon the existing conditions of approval.
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 with the conditions of approval now existing and contained herein by reference,
the design and improvements of the subdivision are consistent with the General Plan, Tiiles 20
and 21 of the Cii of Carl&ad Municipal Codes, and any public facility or development policies
in existence at this time.
3. That Tentative Map 8939 is hereby extended for one year until October 21, 1996,
subject to all of the conditions contained in Council Resolution Nos. 90358 and 93-40.
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4. That this extension is approved in reliance upon the existing conditions of approval.
Any legal challenge or failure to perform the. conditions of this and the above resolutions 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 7 th day of NOVEMBER I 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
Al-TEST:
ALETHA L RAUTEN (SEW
-. CITY OF CARLSBAD - ENGINEERING DEPARTMEh I
Tentative MaD Extension Atmlication
EXHIBIT 3
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Project Id: CT 89-39 Project Name: Aviara Planning Area 12
Location: South Side of Alga Between Blackrail Ct. and Batiquitos Dr.
(N/S/E/W) Street Name Street Name Street Name
Brief Description? entative Tract Map to develop 108 dwelling unit condominium projec
Reason for Request: Tentative Tract Map expires in October 1995.
Extension is necessary as the project has been difficult to market in past .
economic market. Currently working with nrosnective builder.
OWNER APPLICANT
Name: Aviara Land Associates Name: Aviara Land Associates
Company No.: Address: 2011 Palomar Airport Road #206
Address.2011 Palomar Airport Rd. t206 City, State, Zip Code: Carlsbad, CA 92009
City, State, Zip Code:--- Phone Number: 931 -1190
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- '"f;I'emens /Vice President ns / Vice President
Current Expiration Date: 10/2/95 Facility Zone: 19 1 ApN.215-612-10 Acreage: 26
Subdivision Type: Condo Number of Lots: No. of D/U’s: 108
For Citv Use Onlv
Master Proiect ID:
Aoolica tion Status:
Svs tern Status:
Project Cateaorv:
Date Assianed:
Land use Enclineer:
Proiect Planner: RECEIVED
%li!P 8 6 raec
Cl’fY OF CARLSBAD @JWEE!RING COUNTER
DATE STAMP RECEIVED
REV lltW93 d, y
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EXHIBIT 4A
RESOLUTION NO. 93-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNlA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO.
CT 8939/AVlARA PtANNlNG AREA 12
WHEREAS, the City Council of the City of Carlsbad on, October 2, 1990, Adopted
Resolution No. 90-358 approving with conditions Tentative Map No. CT 8939; and
WHEREAS, Tentative Map No. CT 89-39 would have expired as of October 2,1992; and
WHEREAS, the applicant is diZgentfy 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 REMLVED 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 hetein the desigr. ?nd improvements
of the subdivision are consistent with the General Plan, Titles 20 and 2’ 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 89-39 is hereby extended for one year until October
2, 1993, subject to all of the conditions contained in Council Resolu!ion No. 90-388 adopted
on October 2, 1998 and the following additional conditions:
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The applicant shall defend, intiemnify and hold harmless the City and its
agents, officers, and er;lployees cram any claim, action or proceeding against
the City or its agents, officars, or employees to attack, set aside, void or null an
approval of the City, the Planning Commission or City Engineer which has been
brought against the City within the time period provided by Section 66499.37
of the Subdivision Map Act.
The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination Systems (NPDES) permit. The applicant shall provide
best management practices to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be
approved by the City Engineer prior to approval of the final map, issuance of
grading or tlrilding permit, whichever occurs first.
No grading shall occur outside the limits of the project unless a grading or
slope easement is obtained from the owners of the affected properties. lf the
applicant is unable to obtain the grading or slope easement, no grading permit
will be issued. In that case the applicant must either amend the tentative map
or change the slope so grading will not occur outside the project site in a
manner which substantially conforms to !!!e approved tentative map as
determined by the City Engineer and Planning Director.
The entire potable water system, reclaimed water system and sewer system
shall be evaluated in detail to insure that aoequate capacity, pressure and flow
demands are met.
The Developer shall be responsible for all fees, deposits and charges which will
be collected at time of issuance of the building permit. The San Diego County
Water Authority capacity charge will be collected at Issuance of application for
meter installation.
Sequentially, the Developer’s Engineer shall do the following:
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Meet the City Fire Marshall and establish the fire protection
requirements.
Prepare colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan
for potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
This project is approved upon the expressed condiion that building permits will
not be issued for development of the subject property unless the water district
seting the development determines that adequate water service and sewer
facilities are available at the time of application for such water serv!ce and sewer
permits will continue to be available until time of occupancy. This note shall be
placed on the final map.
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 Cii’s
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total obligation for very low, low and moderate income houslng units as
specified in the approved Aviara Master Plan Agreement for lnclusionary
Housing in place at the time of final map recordation.
All areas requiring special landscape consideration for the purpose of sight
distance shall be identified in the CCBR’i. The landscaping shall be maintained
in a manner which does not obstruct sight distance for vehicles driving through
the complex or vehicles parked in identified parking areas. Adequate provision
for such maintenance shall be included In the CC&R’s subject to the approval
of the City Engineer.
The following statement shall be included !n the CC&R’s :
“No structure, fence, wall, tree, shrub, sign, o; 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 underlying property owner shall maintain
this condition.”
Prior to final map approval the applicant shall pay all current fees and deposits
required.
That the Agreement for Waiver of Prohibltlon Against the Impositlon of
Conditions upon the Approval of an Extension of a Tentatlve 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 January 8,1993 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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d .a:- ,,,: (Ta .) <“j<Q -. .T I’ ..’ ,.i.‘.L’.i ,,i .b ., “I. ‘. ,‘1 ., .:., 1 :.“~.I Sk That th4 extenslon b apprwed In rellanca upon said agreement. Any legal
a ‘t.. s C~~OQ@ to w fiilure to perform said agreement or the condltlons of this resolution shall
4 ~W8appfwalvokhndthemapshallnotbefinal.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of ths Carl&ad City Council
6 hddonthe 2nd day of. MARCH * 1993 by the following vote, to wit:
P AYES: Council Members Lewis, Stanton, Kulchin, Finnila
8 NOES: None
9 ABSEM: Council Member Nygaard
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EXHIBIT 4B -
RESOLUTION NO. 90-358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARISBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 89-39), PLANNED UNIT DEVELOPMENT PERMIT (PUD 89-191, AND TWO STANDARDS VARIANCES (SV 90-3) AND (SV 90-4) FOR A 108 UNIT CONDOMINIUM PROJECT ON 26 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT - AV ARA P 1
WHEREAS, on August 15, 1990 the Carlsbad Planning
Commission adopted Resolutions Nos. 3081, 3082, 3083, 3092 and 3093'
recommending to the City Council that the mitigated Negative.
Declaration, Tentative Subdivision Map CT 89-39, Planned Unit;
Development PUD 89-19, Standards,Variance SV 90-3 and Standardsi 1
Variance SV 90-4, respectively, be approved; and I WHEREAS, the City Council of the City of Carlsbad, oni
September 18, 1990 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
CT 89-39, PUD 89-19, SV 90-3 and SV 90-4; and
WHEREAS, a mitigated Negative Declaration was issued on
July 5, 1990 and submitted to the State Clearinghouse fez; a 30 day
review period. - All comments received from that review period are:
fully incorporated into the conditions of approval for the/ I tentative map. These conditions will be reviewed through a;
monitoring program set up for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the,/
/ City of Carlsbad,'California, as follows:
1. That the above recitations are true and correct. 1
2. That the mitigated negative declaration on the above,
referenced project is approved and that the findings and conditions i !
of the Planning Commission contained in Resolution No. 3081 marked! I
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Exhibit A attached hereto are the findings and conditions Qf the
City Councjl.
3. That the tentative subdivision map of this project
(CT 89-19) is approved and that the findings and conditions of the:
Planning Commission contained in Resolution No. 3082 marked Exhibit
B and attached hereto are the findings and conditions of the City!
Council except as amended and with the additional conditions as:
follows:
1. The findings and conditions of Planning Commission Resolution, , No. 3082 are revised as follows: I I a. Finding 9, last sentence: Mello II should be Mello. I. /
b. Condition 6, eighth sentence: 1987 should be 1989. j I
C. Condition 41: Mello II should be Mello I.
d. Condition 44: Add "prior to final map" to the end of the condition.
e. Condition 67: In second sentence insert word 'Vapprovalll after word "plan".
f. Delete Condition 81.
2. The subdivision is subject to the additional conditions as follows: _
a. ' Any phasing of this project shall be to the approval of the City Engineer and the Planning Director.
b. This project shall have a total of nine lots. Lot "7" recreation area as shown on the tentative map shall be combined with Lot "6". The open space lots shall be renumbered Lot 7, 8 and 9. These changes shall be made on the approved tentative map.
c. The following areas shall be granted as covenant for easement to all owners of condominium units (not the Homeowners' Association). These covenants,for easements shall be conveyed by separate document and recorded concurrent with the final-map.
1. A-common area in perpetuity as a covenant running i with the land over the area shown as Lot "7" on the I tentative =P, being the common area recreational purposes. for I / I
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2. A common area in perpetuity as a covenant running' with the land over all paved areas and sidetialks, except individual concrete driveways being the common area for vehicular access, private utilities. parking and
3. A common area in perpetuity as a covenant running with the land over Lots 1 through 6 inclusive,' being the common areas.
These covenants for easement shall be binding upon all! successors, assigns and transfers of covenantor. ,
d. The three open space lots - Lots 7, 8 and 9, shall be! deeded over to the Aviara Master Association concurrent! with final map recordation per the agreement between thel developer and Hillman Properties. I
4. Planned Unit Development Permit PUD 80-19 is approved
and that the findings and conditions of the Planning Commission
contained in Resolution No. 3083 marked Exhibit C and attached
hereto are the findings and conditions of the City Council except
findings number 4 and 5 are deleted.
5. That Standards Variances for the project, SV 90-3 and
sv 90-4, are approved and that the *findings and conditions of the
Planning Commission contained in Resolution Nos. 3092 and 3093 :
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marked Exhibit D and Exhibit E and attached hereto are the fiI;ldingsj
and conditi.ons of the City Council.
2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the:
3 City Council of the City of Carlsbad on the 2nd day of October i
4 1990, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine
NOES: None
7 ABSENT: None
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ALETHA L.
(SE=)
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Exhibit 4C
PMNNTNG COMMI~ON RESOLUTION NO. 3082 c
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CI-IY OF
CARLSBAD, CALIFORNLq RECOMMENDING APPROVAL OF A TENTATIVE
TWKT MAP To DEVELOP A 108 DWELLING UNIT CONDOMINIUM
3 !I PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
4 CORNER OF ALGA ROAD AND BLACK RAIL COURT.
5 ,I CASE NAME: AVIAM - PLANNING AREA 12
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CASE NO: CT 89-39
61 WHEREAS, a verified application for certain property to wit:
7 Lot 230 of Tract 85-35, Aviara, Phase I - Unit D, according to Map 121412
8, recorded June 29, 1989
9 I/ has been filed with the City of Carlsbad and referred to the Planning Commission; and
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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 1Sth day of August, 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 aJI testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered ail
factors relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as -
follows:
Al That the above recitations are m.re and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission recommends APPROVAL of CT 89-19 based on the following findings
and subject to the fbilowing conditions:
Finding:
1. Thtprojeetis~~wirh~~p~lnsirwrthproposcdnctdensityof
5.93 du/ach is within the wed w of 12.1 du/acre as s@ficd within
Master Plan 177.
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* The sire is physically suitable for the type and density of the development since the
site is adequare in size and shape to accommodate residenrial deve!opment at the
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to rks
project, ensured that the !?nal map will not be approved unless the Ciry Council
finds that sewer service is available to seme the project. In addition, the Pl&ng
Commission has added a condition that a note shall* be placed on the finai map
that building permits may not be issued for the project unless the City Engineer
derermines 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 rhe General Plan
have been met insofar as they apply to sewer service for this projecr.
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 C&bad
Unified School Districx school fadlities.
The dedication of a 24.25 acR parlt”site at the northem taminus of AmbroGa
Lane satisfies park fee rqkmuxs.
AI 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 paymenr
of the fee will enable this body to find that public facilides 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 Ciry of Carlsbad.
As disc&d inthe staffrcpoq the project is: (1) cansistmt with the dewIoPment
standardsofthtAviaraMastaPlan177aPdtbrPlannedDcvclopmrntOrdinance;
(2) ifl cord- with the Deign Gitcria of Master Plan 177; (3) in compliance
wirh the Ciqts No& Poliq No. 17 as conditioned; and (4) is in confomxuxe with
tkMelloxtrrvatcoastal~
The proposed project i+ compatible with the nvrounding future land uses since
surmmding properties are designated for Open Space and Ekreadonal
Commercial development on the General Plan.
PC RESO NO. 3082 -2-
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11. This project WilI nor cause any signifkanr enviromnenral impacts and a Mitigated
Negarive Declaration has been issued by rhe Planning Direcrbr on July S, 1990,
and Recommended for Approval by the Planning Commission on Augusr 1.5, 1990.
I.n recommending approval of this Mirigared Negative Declaration the Planning
Commission has considered the initial study, the sraff analysis, ail required
mitigation measures and any wrinen comments received regarding the significant
effects this projecr could have on the environment.
12. The appiicanr is by condition, required ro pay any increase in public faciliry fee,
or new consmxtion 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 Carisbad Municipal Code. This will
ensure continued aMilabiIiry of public facilities and will mitigate any cumulative
impacts created by the project.
13. This project is consistent wirh the Ciry’s Growth Management Ordinance as it has
been conditioned ro comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
Condirio~:
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Approti is granted for CT 89-39, as shown on Exhibits “A” - “O”, dared July 18,
1990, incorporated by reference and on file in the Planning Depamnenr.
Developmenr shall occur substantially as shown unless otherwise nored 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 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 ro building, grading or improvemenr plan
submittal, whichever occurs Em.
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
&thin and adjacent to the project.
This project is approved upon the urpress condition that the final map shall not
be approved unicss the City Council fkis as of the time of such approval that
sewer service is available to sewe the subdivision.
PC RESO NCj. 3082 .-3.
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This project is approved upon the express condition that building pefinirs will nor be issued for development of the subject properry un& the City Engineer
determines thar sewer facilities are available at the time of application for such sewer permits and will continue to be available until rime of occ~Pa.ncy. ms 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 Ciry
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a grow& management system or facilities and
improvement plan and to fuEll the subdivider% agreement to pay the public
facilities fee dated December 4, 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 Setice agreement
between the City of Carisbad and the Carlsbad Municipal Water Disuicr, dated May
25, 1983. -
lhis 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
Govemment Code Section 65913.5. If any such condition is determined to be invalid this approval shall be intid unless the City Council determines that the
project without the condition complies with aII requirements of law.
Approval of this rtquesr shzd not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building pamit issuance.
The applicant &all ‘establish a homeowncis association and corresponding
covenants, conditions and resuictions. Said CC&R’s shall be submirted to and
approved by the Planning Direcror prior ro final map approval.
PC RESO NO. 3082 4
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The appiicant dd shnit a street name list consistent with the Cirys street nme policy subject to the Planning Direcrofs approval prior to final map approval. i f
The applicanr shall prepare a derailed landscape and imigation plan which shall k ! submitted to and approved by the Planning Director prior to the issuance of ’ grading or building pemits, whichever occurs fint.
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 a-foot intervals along
all public street frontages in conformance with Ciry of Carlsbad standards. The
trees shall be of a variery selecred from the approved Streer Tree List.
preliminary landscape plans shall be submirted.
Au landscape plans shall be prepared to conform with the Landscape Guide&
Manual and submitted per the landscape plan check procedures on fle in the
Planning Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1 planrs [see Landscape Guidelines Manual) shall be limited to areas of sp&ial
visual importance or high use. Mulches shall be used and ligation equipment and design shall promote water consenmion. -
Prior to final occupancy, a letter from a California licensed landscape architect shall be submirted to the Planning Direcror certifying that all landscaping has been
installed as shown on the approved landscape plans.
AU herbicides shaIl be applied by applicators licensed by the State of Cahfomk.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Car&bad Municipal Code.
The f%t set of landscape and irrigation plans submitted shall inciude building
plans, irnprovaent plans and grading pk.
AU landscape and irrigation plans shall show existing and proposed conrous and shaU 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 speck& Each case shall be reviewed by the Planning Director.
The niinimurn shrub. size shall be S gallons. ,
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?he number of tries m a residential project Shall be equal to or seater [ha Ibe number of residential uniu.
Any signs proposed for this development shall at a minimum be designed in
conformance with the Ciry’s Sign Ordinance and shall require review and approval
of the Planning Dkecror 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 s&es office at all times, or suitable alternative to the sadsfaction of the Planning Director.
AH sales maps that are distributed or made available to the public shall include but
not be limited to rrails, future and existing schools, parks, and srreers.
As part of the plans submined for building permit plan check, the applicant shall
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 cxcupancy of w re&denW unit within this pmjm, tk Master PIans
reacational vehicle storage area (within Planning Area 23) with all weather acct3s
road to it shall be available for u5c
Prior to the occupancy of any of the dwelling units, the project applicant shaIl
constmcc a 6.0 high sold attenuation wall between Alga Road and the proposed
dwcUi~gunits2-9alongAlgaRmd. ThwallshaUbe amsmlcted consistent with
the recommendation of tk AcousticaI Study for Phning Area 12 (Mestrc Grew,
1990). Prior to the uzcqmnq of units 2-9, the projazt applicant shall incorporate
au xl!quid ualsc noise miligiaion nlv (it- balccmybarxias andmechanica
vailden) into these tits, as dcscn’bcd in the Amush Anaiysk for PA-12.
Priortothiksmaae ofagradingpemitortkrecur&tionOfthehl~p,the ~~c2tnrt yh ~3tiC0iisil Development Pamit that appm= ’ cmhmamewiththkCityapprovaLThe
c23ms&dPamitsbankreqrrircdtobentbmirtcdtotilecityPlanningDepartment
fbrmicw~corhe~- 0fagradingpamiL
Priortotheiissmm ofagndingpamit,allCoastalDeadRcmiaed~(LotlO
asshownoa~bit”8”)sbanksalredand~toprojnbit,~by
-0Iltqtlipmmt
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All units which are setback a minimum of 5 fctt kom a pximte drivewa~rhall k +pped with an automatic garage door opaxr.
All perimerer fenc&wallz shall be required to be derigned CO&~II with the materials and style of other Maser Plan approved fences/walls.
This project is approved subject to the condition that residential war=
conservation measure5 including water efCie.nt plumbing kures in confkuance with State and LAXA Laws and Poiicies, be incorporated into the projeas design
Prior to the recordation of the kt final tracr map or the kuance of rkdeurial
tlUildingpermitS,WhichcvcriS~thc owna Of record of the property within the boundaries of this tentative Iract map shall prepare and record a notice that this
property is subject to ovdight, sig& and sound of airuafi operating from
Pdomar Airport in a manner meeting the apprwil of *e Planning Director and
the City Attorney.
The applicant shall post a&aft noise notikation signs in all sales a&or mtal
offices assotiated with the new development The number and locarhs of said
signs shaU be approved by the Planning Director. ‘i
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This zpproval is subject to ail reqkments and conditions of Master Plan 177,
Carl&ad Tract 85-35 and Zone 19 laca F&ties Managanent Plaq and any
amendnlen~ rhaero.
This project is located within the MeUo II Local CoastaI Plan. AlI devclopmenr
design shall comply with the erosion connol requirements of that plan
Unless a standard variance has been &sued, no variance from City Standards is
author&d by virtue of approval of this tentative map, except the following:
A -iiid~ononesideoftk~
B. . -radiil5tban2oofeaasshawnonthetcntativclrlap.
The developer shall comply with all the r&s, regulations and design requirements
of the rqective sewer and water agencies regarding sexvices to the project.
The developer shall .be respons%le for coordination with S.D.G.W., Pacik
Telephone, and Cable TV authoxities.
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The developer shall provide an acceprable means for maintaining the easements within the subdivision and all the private streers, sidewalks, street lights, storm drain facilities and sewer facilities located therein 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 shah be included with
the CC&R’s subject to the approval of the City Engineer.
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 &sting conditions pursuant ro Secrion
20.12.110(a)(2) Carisbad 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 resulr of the forthcoming
Master Drainage Plan Update.
The owner of the subject properry shall execute a hold harmless agreement
regarding drainage across the adjacent property ‘prior to approval of any grading
or building permit for this project.
The applicant shall agree ro urilizc reciaimed 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 130S(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.
ThcsubjectproparyiswithinthrboMdanaofAssemaent~~No.88-1
(Alga Road). tJpoxt the subdivision of land’witi the district bodes, the
subdivider has wxuted a Special Asscssncnt Disxict Pass-Thruugh Authorization w. said agmanent contains provisions regard& notice to potentiai
buyer for the almunroftk atscmnmtandotherpmvisionsandrequin5the
sllMividatohaveeacllbuyer recekandaatxteaNoticeof&essmmtandan
la the event that the subdivider does not mxute the
tk~onthsubjecrpropcrrymustkpaidoff
Aj~byStateLaw,pri~tothc~afa~mapava~yofthe
subjecrprvprty,asegregatiunofsfs5maB ~kcumpkaiandnxordedfor
ansubdividailoa Byapp~farrsegregationofasasmcntr, the subdivider
agrustopaythefcctocovatheEodtasuAa~~~~~o~ A
sepgaticnlisn!ot~iftbesubdiYidap%y5~the aswssma on the subject
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pperty prior to the rrcordation of the Enal =P- In the e~enf of a segegadon of assessmmts is not recorded ad ppcrr~ is subdivided, the full amount of assamnmr will appear on the tax bills of & new lot.
Grading in advance of final map may be allowed subject to Ciry Engineer approval
in accordance with Chapter 11.06 Carl&d Municipal Code and deparcmenrai
policy.
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 grad+g work in substantial conformance with
the approved grading plans.
The developer shall obtain a grading permit prior CO the commencement of any
clearing or grading of the site.
No grading shall occur outside the limits of the subdivision unless a grading or
slope easement is obtained from the owners of the affected properties. If the
developer is unable to obtain the grading or slope easement, he must either amend
the tentative map or change the slope so grading will not occur outside the project
site’in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
A separate grading plan shall be submitted and approved and a separate grading
permit issued for the botrow or disposal site if located within the city limirs.
Prior to hauling dirt or construction materials to any proposed consrmction 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 opuation
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carl&ad Municipal Code and the City Engineer. Reference
chap 11.06.
Rain gutters shall be provided to convey roof drainage to the driveway if required
bytheciryEnginl?er.
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AdditiOd dknage easements and drainage smxnucs shall be 1 bdkd prior to tie issuance of grading or building pennit as may be the City Engineer.
The developer shail make an offer of dedication ro the Ciry for ti p
and easements required by these conditions or shown on the tenrariv offer shall be made by a certifkate on the Enal map For this project.
offered shall be granted to the City free and clear of all liens and er
and without cost to the City. Streets that are already public are not be rededicated.
Direct access rights for ail lots abming Alga Road and Blackrail COI exception of the general utiliry and access easement at Aleutia Lane w
fhl map.
Some improvements shown the tentative map and/or required by the:
are located offsite on properry which neither the Ciry nor the su sufficienr rirle or interest ro pamit the improvements to be m
acquisition of ride or inrerest. The Deveioper shall conform fo Secric
of the Carlsbad Municipal Code.
Prior to approval of any grading or building permits for this projec shall give tirren consent ro r&e annexation of the area show
boundaries of the site plan into the &sting City of Carlsbad Streer
Landscaping District No. 1. The form shall be provided by the Cit
improvernenr plancheck process.
Runoff from rhis project is conveyed to envkinmenr~y sensitive
subdivider shall provide adquare means of eliminating grease a
drainage prior to dbcharge. Plans for such i3z1prwvemen oshallbeap~.
Ciry Engineer prior to issuance of grading or building permit.
Pkns, specifications, and supporting d-ems for all improvemen:
prepared to rhe satisfaction of rhe City Engineer. Prior ro approval c
map in accordance, with city Standards rhe Deveioper shall install
install and secure wirh appropriate see&y as provided by law, i
&mm on the rutrative and the following improvanen~. This obl
~ifirisakcadysecuredthroughanothtrprojccrinrhtMas
A AlgaRoadtoma.artai;rl sradadsorberzer~~
Ciamiao~rothesa~of~CiyEnginca:
A note ro this e&t shall be placed on an additional map sheet on
per the pmvisions of Sections 664342 and 66445 of rhc subdiviri
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Improvements listed above shall be consrmcred within 24 months of the Gal map or improvement plan whichever occurs tirst.
The design of all private sueets and drainage systems shall be approved by the
Ciry Engineer prior to approval of the Cnal map for this project. The snucrural
section of ail private sueers shall conform to City of Carlsbad Standards based on
R-value rests. All private srreers and drainage systems shall be inspecred by the
ciry, and the standard improvemenr plan check and inspecdon fees shall be paid
prior ro approval of the Enal map for this project. The &pro vemfmrsareas foUows:
A Srandd curb, gutter and sidewalk and smer impmvanam on Aleutia Lane
andFcr%na. ThtsidewakisrcquiredonthrinsidelooponFaitinaandon
rheeasrsideofAlcuria&nc.
B. Private storm dxain wan which All - to the aisring public storm drainsystem Lnareaswhercnofailsafe~~ovtrfiowisprovided,thc systcmsbllbedesignedrocamya100yearwenr.
‘- C The private sewer and prime drainage systems.
D. A note stating kse impmwmnts are prime shall be placed On an additional sheer on &e hal map. -
The developer shall install srreet l&s along all public and private srreet frontages
in conformance with Ciry of Carlsbad Standards or equitienr subject to rbe
appmvalofthePlzmlingDircct~andCity~.
The Fire Marshal has determined rhar or&c fire hydzanu are required ro serve this project. Prior to issuance of a building pumir for rhe site, the applicant must
submit and re@ive City and warn disuics approval for appropriate waterline
improvement plans and easements. AU improvements shall be designed in
conformance wirh Ciry and Water ~isrricr Standards, plancheck and inspection fees
paid and improvement secuity shall be posted with the Water District.
ligation systems ro accommodate furure reclaimed water shall be designed
consisrenr wirh Title 17 of the California Adminisrrarive Code. Of%ire furure
hdaimcd water disrribution systems should be antidpated by rhe installation of
adequarely sized &eves ar cross& poinrs ro minim&e sueef excavarioh ,-
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AddirionaI public and/or onsire fire hydrants shall be provided if deemed necessary by the Fire Marshal.
The applicant shall submit two (2) copies of a sire plan showing locations of
existing and proposed fke hydrants and onsire roads and drives to the Fire Marsh4
for approval prior to issuance of a building pexmit.
in all-weather access road shall be maintained throughout construction.
Au required fie hydrants, water mains and appurtenances shall be operationa
prior to combustible building materials begin located on the project sire.
Brush clearance shall be maintained according to the-specifications conrained in
the City of Carlsbad Landscape Guide&s Manual.
-. Proposed security gate systems shall be provided with “Knox” key operated
ovenide switch, as specified by the f’ie Deparunenc.
Brush Managanent shall quire that photo dkmcmation of insralled and
approved 6re supptiomzona be suhmirted to the Fire Marshal in order to esrablish control for anmal mainrenance. Pafixmance of annual maimamnce by Homeownas Association shall be assud through opax space deed remi&on or
other means acceptable to the Planning Director and Fire Marshal.
Fire rerardanr roofs shall be required on all structures.
Brush cl&ance sh& be maintained according to the specifications contained in
the City of Carlsbad Landscape Guidelines Manual.
AlI fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems per&em to the project shall be submitted to the Fire
Deparment for approval prior to consmction.
Warm Q&&:
83. The cntirc potable and non-potable water system/systems for subject project shall
he evaluared in derail tq ensure that adequate capacity and pressure for domestic,
landscaping and Ere flow demands are met.
84. The develop&s a@eer shall schedule a meeting with the Disaicr Engineer and
the City Fira Marshal and review the preliminary water system layout prior to
preparation of the wafer ‘system impmemaz plans.
PC &SO NO. 3082 -12.
I[ 85. I The developer will be responsible for all fees and deposits plus rhe major facility
2 ii charge which will be collecred at rime of issuance of building permir. -
3 :i s:
Ii PASSED, APPROVED, AND ADOPTED ar a regular meeting of the Planning
4 j; ;. 5 .; Commission of rhe Ciry of Carlsbad, California, held on the 15th day of August, 19q0, by
/I 6 ,j the following vote, co wit:
/ 7i AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall,
8;: Holmes and Marcus.
g I) NOES: McFadden.
10 ABSENT’: None.
I/ +/I ABSTAIN: None.
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SHhON SCHFUMM, t=hairperson
CARLSBAD PWNING COMMISSION
A-I-EST:
PLANNING DIRECTOR
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PC RESO NO. 3082 , -13-
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November 17, 1995
D. L. Clemens Vice President Aviara Land Associates 2011 Palomar Airport Road, #206 Carlsbad, CA 92009
Re: Carlsbad Tract CT 89-39
The Carlsbad City Council, at its meeting of November 7, 1995, adopted Resolution No. 95-311, granting a one year extension of time for Carlsbad Tract 89-39, Aviara Planning Area 12.
As a courtesy, enclosed is a copy of Resolution No. 95-311 for your records.
I?RK:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad. California 92008-l 989 - (619) 434-2808