HomeMy WebLinkAbout1996-04-02; City Council; 13579; Aviara Phase III RevisionCl”V OF CARLSBAD - AGEWA BILL Qy
AB # ‘3; 5 7 9 TITLE: REQUEST FOR AN
MTG. 4/02,‘96 EXTENSION OF TIME FOR THE
DEPT. ENG TENTATIVE MAP FOR CARLSBAD TRACT 92-03
AVIARA PHASE Ill
RECOMMENDED ACTION:
Adopt Resolution No. %- 108’ granting a one year extension of time for Carlsbad
Tract 92-03, Aviara Phase III subject to the findings contained therein.
ITEM EXPLANATION:
Aviara Land Associates on January 19, 1996 requested an extension of time for Carlsbad
Tract 92-03, Aviara Phase III, a tentative map for up to seven units for recording and 156 total lots. The project consists of 133 lots for single family dwelling units, 4 lots for
426 multi-family dwelling units and 16 open space lots. The project is located in Local
Facilities Management Zone 19, north of Alga Road and east of El Camino Real lying along Ambrosia Lane.
The tentative map was originally approved on February 6, 1994 in accordance with City
Council Resolution No. 94-41. The approval was for the standard two years, making the
expiration date of the tentative map February 8, 1996.
The request for an extension is due to the applicant’s inability to final the map because of
the unfavorable economic conditions of the past several years.
A mitigated negative declaration of environmental impacts for the project was published October 14, 1993. The project is in compliance with that declaration and a notice of prior
compliance has been issued.
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.
Local Facilities Management Plan 19
Growth Control Point 5.9
Net Density 5.7
Special Facilities CFD No. 1
EXHIBITS:
1. Location map.
2. Resolution No. 96 - /08- granting a one year extension of time for
Carlsbad Tract 92-03, Aviara Phase III subject to the findings contained therein.
3. Application requesting extension.
4. A packet for reference, containing:
a. City Council Resolution No. 94-41.
b. Planning Commission Resolution No. 3577.
NOT TO SCALE
CITY OF ENCINITAS
PROJECT NAME
AVIARA PHASE III TENTATIVE MAP
!W BY: SCOTT EVANS, CARLSBAD EtWdttRINdh
PROJECT EXHIBIT
NUMBER
CT92-03x1 I
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RESOLUTION NO. 96-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, GRANTING A ONE YEAR EXTENSION OF TIME FOR
CARLSBAD TRACT 92-03, AVIARA- PHASE Ill SUBJECT TO THE
FINDINGS CONTAINED THEREIN.
WHEREAS, the City Council of the City of Carlsbad on February 8, 1994, adopted
Resolution No.9441 approving Tentative Map No. CT 92-03; and
WHEREAS, Tentative Map CT 92-03 would now expire February 8, 1996; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to obtain a
final map; and
WHEREAS, the unfavorable economic conditions prevailing since the tentative map
was approved has prevented the applicant from completing the acts necessary 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 Clty policies with the imposition of the existing conditions; and
WHEREAS, both the applicant and the City wish to extend the map subject to and relying
upon conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the Cii 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, the design
and improvements of the subdivision are consistent with the General Plan, Tiles 20 and 21 of
the City of Carlsbad Municipal Codes, and any public facility or development policies in existence
at this time.
3. That Tentative Map CT 92-03 is hereby extended for one year until February 8,1997,
subject to all of the conditions contained in Council Resolution No. 9441 and Planning
Commission Resolution No. 3577 and based on the following findings:
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Findings:
1. The City Council finds that:
a)
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The project is a subsequent development project as defined in Section 21083.3
of the California Environmental Quality Act;
The project is consistent with the previously approved CT 92-03, Aviara Phase III
project;
There was a negative declaration approved in connection with CT 92-03, Aviara
Phase III project;
The project has no new significant environmental effect not analyzed as significant
in the prior negative declaration;
None of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
That this extension is approved in reliance upon said 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 2nd day of APRIL 1 1996 by the following vote, to wit:
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AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
II ATTEST:
ALETHA L RAUTENKRANZ, city Clerk
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Exhibit 3
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
Tentative Map Extension Application
Project Id: CT 92-3 '.! Project Name: Aviara Phase XII
Location: North Side of Alga Road Between I-’ and El Camino Real
~NISIEMO Street Name Street Name Street Name
Description: Avira - Phase III
APPLICANT OWNER
Name: D. L. Clwns
Company ~0.1 Aviara Land Associates
Address: 2011 Palomar Airport Rd., %206
City, State, Zip Code: Carlsbad, CA 920’09
/?
Name: Aviara LandAssociates
Address: 2011 Palomar Airport Rd., #206
City, State, Zip Code: Carlsbad, CA 92009
Phone Number: 931-1190 n Phone m 9~111190
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I Current Expiration Date: 3/10/ g(j 1 Facility Zone:
-I
Subdivision Type: Residential I Number of Lots: 151 I No. of D/U’s: 133
For City Use On/y
Master Project ID:
Application Status:
System Status
Project Category
Date Assigned
Land use Engineer
Project Planner
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DATE STAMP RECEIVED
P:\DOCSUWSFOFW!WRMOOO73
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AVIARA
January 18, 1996
Mike Grini City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
Subject: Aviara Phase ID CT 92-3
Request for Extension Revised Tentative Map
Dear Mike:
In accordance with our meeting of January 11, we hereby request the City of Carlsbad to take the following actions on the Phase III Tentative Map CT 92-3:
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i 1. Extend the Tentative Map Expiration Date: The tentative map is due to expire
March 10, 1996. Although we have been diligently pursuing final design and
processing, several issues have delayed our progress. Among these are resolution
of secondary access, delays in Coastal Commission processing, and coordination with resource agencies.
2. Revise the Tentative Map With Respect to the Secondary Access Condition
(Condition 58, PC Reso. 3577): At the time of processing our tentative map it
appeared that Cassia Road in Zone 21 would not be connected to Poinsettia Lane. We were therefore conditioned to construct Poinsettia Lane westerly to ‘Black Rail
Road, and Black Rail south to Alga Road. In connection with the Poinsettia Hill
subdivision (CT 92-4), City Council expressed its desire to create a link from Villa L.oma to the Aviara Oaks School using Cassia Road, Poinsettia Lane and Ambrosia Lane. We propose to accomplish this goal by constructing the Cassia Road link as Aviara’s secondary access (proposed revised condition wording is attached for your review).
We have attached the following items to assist you to accomplish the requested actions:
1. Submittal fee check (#5458, $8,085).
32: Environmental Assessment Form Secondary Access Plat
4:
Proposed revised condition wording.
Tentative Map extension application package.
2011 PALOMAR AIRPORT ROAD. SUITE 206 CARLSBAD. CALIFORNIA 92009 (619) 9314190 FAX: (619) 931-7950
Mike Grim
January 18, 1996 Page 2
6. Tentative Map application form (revised tentative). 7. Ownership Disclosure Statement
Thank you for your assistance in processing these requested actions. If you need process these items be assured we will provide it as soon as
Director of Operations
J
CRN/er cc: Paul Klukas Larry Clemens Pam Whitcomb
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- Exhibit 4 .
RESOLUTION NO. 94-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, APPLICATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL COASTAL PLAN AMENDMENT, TENTATIVE SUBDIVISION MAP AND HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT CASE NAME: AVIARA PHASE III CASE NO:MP 177(GI/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04
WHEREAS, the Planning Commission did on December 1, 1993
hold a duly noticed public hearing as prescribed by law to consider
amendments to Master Plan MP 177(G), General Plan GPA 93-06, Local
Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 and
Hillside Development Permit HDP 92-04 and adopted Planning
Commission Resolution Nos: 3574, 3575, 3576, 3577 and 3578
respectively, recommending to the City Council that they be
approved; and
WHEREAS, the City Council of the City of Carlsbad, did on
January 25, 1994 hold a duly advertised public hearing to consider
said amendments.and at that time heard all persons interested in or
opposed to Master Plan MP 177(G), General Plan GPA 93-06, Local
Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 and
Hillside Development Permit HDP 92-04; and
WHEREAS, the Planning Commission has determined that MP
177(G), GPA 93-06, LCPA 92-01, CT 92-03 and HDP 92-04 will not have
a significant impact on the environment and the City'Council has
concurred and a Mitigated Negative Declaration was issued and
approved in satisfaction of the requirements of the City of
Carlsbad. Environmental Protection Ordinance of 1980 and the ,-
California Environmental Quality Act: and
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WHEREAS, the City Council, after considering all proposed
changes, directed the City Attorney to return with appropriate
documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning
Commission in Resolution Nos. 3573, 3574, 3575, 3576, 3577 and 3578
constitute the findings of the City Counc$l in this matter.
3. That the two conditions in Planning Department
memorandum dated November 17, 1993 be added and an additional
condition as stated at the City Council meeting be added to read as
follows:
Vl) The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal code unless previously excluded by the Parks Agreement between the City and Aviara Land Associates dated June 1, 1989, as determined by the Parks and Recreation Director.
“(2) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. All or a portion of said fees may be waived subject to the approval of the Carlsbad Unified School District.
"(3) Developer shall provide a 30' wide temporary access easement along the easterly boundary of Lot 3, as shown on Exhibit "A" until such time as a permanent alternate access easement is dedicated to allow pedestrian and vehicular access from the residential areas east of the project to Aviara Park and the Aviara Oaks School to the satisfaction of the City Council."
4. That the alignment of Poinsettia Lane be approved as
shown on the Poinsettia Lane Alignment Study, marked Exhibit B and
attached -hereto.
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5. That the Mitigated Negative Declaration is approved
as shown in Planning Commission Resolution No. 3573 on file with
the City Clerk and incorporated herein by reference.
6. That the application for Master Plan Amendment (MP-
177(G) to change planning area boundaries, internal street
alignment and residential product mix on property generally located
along future Ambrosia Lane, north of Alga Road in LFMP Zone 19 is
approved as shown in Planning Commission Resolution No. 3574 on
file with the City Clerk and incorporated herein by reference.
7. That the General Plan Amendment (GPA 93-06) to add
the residential medium high density (RMB) and residential high
density (RH) d8SignatiOnS to the existing combination district for
property generally located north of the Batiguitos Lagoon, east of
I-5 and west of El Camino Real in LFMP Zone 9 is approved as shown
in Planning Commission R8SOlUtiOn No. 3575 on file with the City
Clerk and incorporated herein by reference.
8. That the Local Coastal Plan Amendment (LCPA 92-01) is
approved as shown in Planning Commission R8SOlUtiOn No. 3576 on
file with the City Clerk and incorporated herein by reference.
9. That the Tentative Subdivision Map (CT 92-03) to
subdivide and rough grad8 the individual neighborhood and major
streets on property generally located along future Ambrosia Lane,
north of Alga Road in LPMP Zone 19 is approved as shown in Planning
Commission R8solution No. 3577 on file with.the City Clerk and
incorporated herein by reference.
10. That the Hillside Development Permit (HDP 92-04) to
rough grad8 the neighborhood and major streets on property
generally located along future Ambrosia Lane, north of existing
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Alga Road is approved as shown in Planning Commission Resolution
No. 3578 on file with the City Clerk and incorporated herein by
reference.
11. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper Seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision beCOmeS final: however, if within ten days after the decision beCOmeS final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
2 City Council of the City of Carlsbad on the 8th day of FEBRUARY
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1994, by the following Vote, t0 Wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
6 ABSENT: None
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PLANNING COMMISSION RESOLUTION NO. 3577
A RESOLUTION OF THE PLANNING COMMISStON OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE
AND ROUGH GRADE THE INDMDUAL NEIGHBORHOODS
AND MAJOR STREETS WITHIN THE THIRD PHASE OF THE
AVIARA MASTER PLAN ON PROPERTYGENERALLY LOCATED
ALONG FUTURE AMBROSIA LANE NORTH OF ALGA ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PHASE III
CASE NO: CT 92-03
WHEREAS, a verified application for certain property to wit:
A portion of the east half of the southeast quarter of Section
22, and a portion of the north half of Section 27, all in
Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California according to official plat thereof, as shown on
Record of Survey No. 10774, recorded in the Office of the San
Diego County Recorder, October 30, 1986.
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 17th day of November,
1993, and on the 1st day of December, 1993, 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 CT 92-03; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 92-03, based on the following findings and subject
to the following conditions:
Findinns:
1. The proposed map and project design is consistent with the applicable general plan
and local coastal plan segments.
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 ‘project is consistent with all City public facility policies and ordinances since:
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.
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.
4. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan.
5. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on October 14,1993.
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.
6. 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.
PC RESO NO. 3577 -2-
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7. The design of the subdivision will not conflict with easements or records of
easements established by court judgement, acquired by the public at large, for access
through or use of property within the proposed subdivision.
Conditions:
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Approval is granted for CT 92-03, as shown on Exhibits “A” - “M”, dated November
17, 1993, 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 tentative map copy shall be submitted
to the City Engineer and approved prior to building, grading, final map, 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 also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2,
1991) and as amended from time to time, and any development fees established by
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfil1 the subdivider’s agreement to pay the public
facilities fee dated March 9, 1992, a copy of which is on file with the City Clerk and
is incorporated by this reference. If the fees are not paid this application will not
be consistent with the General Plan and approval for this project will be void.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and sewer service is available at
the time of application for water service and sewer permits and will continue to be
available until time of occupancy. This note shall be placed on the final map.
This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 19 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
The following note shall be placed on the Final Map. “Prior to issuance of a
building permit for any buildable lot within the subdivision, the property owner
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shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39”.
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.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless
previously excluded by the Parks Agreement between the City and Aviara Land
Associates dated June 1,1989, as determined by the Parks and Recreation Director.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a portion of said fees may
be waived subject to the approval of the Carlsbad Unified School District.
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.
Approval of CT 92-03 is granted subject to the approval of MP 177(G), LCPA 92-01,
GPA 93-06, and HDP 92-04. CT 92-03 is approved subject to all conditions of
approval for MP 177(G), LCPA 92-01, GPA 93-06, and HDP 92-04, Planning
Commission Resolution No’s. 3574, 3575, 3576, and 3578, incorporated herein by
reference and on file in the Planning Department.
The applicant shall annex the area covered by Phase III into the Aviara Master
Homeowner% Association and corresponding covenants, conditions and restrictions.
The amended CC&R’s shall be submitted to and approved by the Planning Director
prior to final map approval.
The applicant shall submit a street name list for Planning Areas 17, 21, and 22
consistent with the City’s street name policy subject to the Planning Director’s
approval prior to final map approval for those Planning Areas.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading
or building plans, whichever occurs first.
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A master plan of the existing onsite trees shall be provided to the Planning Director
as part of the final grading plan to determine which trees shall be required to be
preserved prior to the issuance of a grading permit or a building permit, whichever
occurs first .
AI1 landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1
plants (see Landscape Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall
promote water conservation.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
The project shall provide bus stop facilities at locations subject to the satisfaction
of the North County Transit District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop sign. The bench and pole
shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the Planning
Director and North County Transit District.
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27. Approval of CT 92-03 is subject to approval of the California Coastal Commission.
Any revisions that may be required by the Coastal Commission must be reviewed
and approved by the Planning Director and City Engineer prior to approval of any
final map, and may necessitate a formal amendment to this approval.
28. Prior to approval of the final map for Unit I, the developer shall complete any
dedication and vacation necessary to complete the park land exchange, to the
satisfaction of the Parks and Recreation Director.
Emineerin~ Conditions:
29.
30.
31.
32.
33.
34.
3s.
36.
37.
. . .
Prior to issuing a building permit for Lots 143 through IS2 in Unit VII, the
developer shall provide an emergency secondary access in accordance with City
Standards.
Direct access rights for all lots abutting Ambrosia Iane shall be waived on the final
map except for designated access points to Lots 1, 2, 3, and 8 as shown on the
tentative map or at other designated access points as approved by the City Engineer.
This project is located within the Mello I, Mello II, and East Batiquitos Local Coastal
Plans. All development design shall comply with the requirements of those plans.
Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
This project is specifically approved as seven (7) units for the purposes of recording.
All public facilities needed to serve each unit and meet City Standards shall be
guaranteed for construction prior to recording of a final map for that unit.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
All concrete terrace drains shall be maintained by the homeowner’s 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.
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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.
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 for by Section 66499.37 of the Subdivision
Map Act.
Prior to the approval of the final map, the owner shall enter into an agreement with
the City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
Prior to final map the applicant shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property prior to approval of the
final map for this project.
The subject property is within the boundaries of Assessment District No. 88-l (Alga
Road). Upon the subdivision of land within the district boundaries, the owner may
pass through assessments to subsequent owners & if the owner has executed a
Special Assessment District Pass-through Authorization Agreement. Said Agreement
contains provision regarding notice to potential buyers of the amount of the
assessment and other provisions and requires the owner to have each buyer receive
and execute a Notice of Assessment and an Option Agreement. In the event that the
owner does not execute the Authorization Agreement, the assessment on the subject
property must be paid off in full bv the owner prior to final map aptxoval.
As required by state law, prior to the recordation of a final map over any of the
subject property, a segregation of assessments must be submitted for all subdivided
lots. By applying for a segregation of assessments, the applicant agrees to pay the
fee to cover the costs associated with the segregation. A segregation is not required
if the applicant pays off the assessment on the subject property prior to the
recordation of the final map. In the event a segregation of assessments is not
recorded and property is subdivided, the full amount of assessment will appear on
the tax bills of eacJ new lot.
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Prior to final map approval the owner shall execute a hold harmless agreement for geologic failure.
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 final map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards. Prior to issuance of a building permit
for the project, a grading permit shall be obtained and grading work be completed
in substantial conformance with the approved grading plans.)
Upon completion of grading, the applicant shall ensure that an “as-graded” geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar
drafting film and shall become a permanent record.
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 applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit
or final map whichever occurs first for this project. Each basin shall be serviced by
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an all-weather access/maintenance road. This condition may be met by basin(s)
guaranteed for construction by other projects located offsite and downstream from
this project.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
The applicant shall place the following note on a non-mapping data sheet of the
final map:
Geotechnical Caution:
54.
5s.
56.
A preliminary soils report indicates the possible presence of a remnan t of an ancient
landslide and the possible presence of unconsolidated alluviums within the
boundaries of the subdivision. Even though the report also recommends methods
of mitigation for these geologic conditions, some risk to building pads or structures
located thereon may exist, therefore:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that
may arise through any geological failure, ground water seepage or land subsidence
and subsequent damage that may occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the
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desired results prior to (final map approval) issuance of building or grading permits
whichever occurs first.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (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.
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant 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:
I. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHASE IN THE
SUBDMSION, THE FOLLOWING IMPROVEMENTS ARE REQUIRED:
A.
B.
C.
D.
E.
Poinsettia Lane within the subdivision boundaries shall have full
public improvements to major arterial standards or as approved by the
City Engineer and Planning Director.
Offsite Poinsettia Lane from the subdivision boundary to Blacktail
Court shall be constructed with full width grading, two 14 foot wide
paved center lanes, median curbing, drainage facilities as needed and
all sewer and utility lines that would be underneath the pavement.
The developer may apply for a reimbursement agreement for these
improvements.
Ambrosia Lane within the subdivision boundaries shall have Ml public
improvements to local street standards.
Witbin the subdivision boundaries Blackrail Court shall have a
between-curb width of 48 feet in a 68 foot wide right-of-way as
shown on the tentative map from Alga Road to Street “I”. From
Street “I” to the subdivision boundary the between-curb width shall
taper from 48 feet wide to 40 feet wide. The taper shall be to the
satisfaction of the City Engineer.
Offsite Blackrail Court from the subdivision boundary to Poinsettia
Lane shall be constructed with a 28 foot wide paved roadway with
sufficient drainage control facilities as may be required and all sewer,
water and utility lines that would be underneath the paving.
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Sufficient right-of-way shall be obtained for the improvements to be
constructed and maintained but not less than 30 feet in width. The
developer may request a reimbursement agreement for the utilities
being installed but not needed for this project and permanent surface
improvements not needed for this project.
PRIOR TO RECORDING A FINAL MAP FOR ANY SUBSEQUENT PHASE ALL
THE IMPROVEMENTS REQUIRED FOR THAT PHASE TO MEET CJ3Y
STANDARDS ARE REQUIRED:
A. Street “D” and Street “G” in Unit VII are designated hillside streets.
As shown on the tentative map, Street “D” and “G” shall have a right-
of-way width of 46 feet, a between-curb width of 32 feet and
sidewalks only on one side. The right-of-way width shall taper from
the local street 60 feet wide in Unit V to the hillside street 46 feet
wide in Unit VII. The between-curb width shall taper from 40 feet
wide in Unit V to 32 feet wide in Unit VII, all to the satisfaction of
the City Engineer.
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B. All streets within the subdivision boundaries shall have full public
street improvements based on the right-of-way widths as shown on
the tentative map. 13 ,
14 ; A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
15 above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
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59. Prior to the issuance of building permits, complete building plans shall be approved
by the Fire Department.
60. Additional onsite public water mains and fire hydrants are required.
21 ii 61.
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Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants.
22 II The plan should include off-site fire hydrants within 200 feet of the project.
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62. Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
63. An all-weather, unobstructed access road suitable for emergency service vehicles
shall’ be provided and maintained during construction. When in the opinion of the
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Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site.
Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
Water Conditions:
66. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands are
met.
67. 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.
68. Sequentially, the Developers Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection
requirements.
B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (GPM - EDU) plan for
potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
69. This project is approved upon the expressed condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall be placed on the
final map.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, by
the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
BAILEY NOB&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. ‘FI~LZMILLER
PLANNING DIRECTOR
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April 15, 1996
Attention: Mr. D. L. Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009
Re: Extension of Tentative Map - CT 92-3
The Carlsbad City Council, at its meeting of April 2, 1996, adopted Resolution No. 96-108, granting a one year extension of time for Carlsbad Tract No. 92-3, Aviara Phase III.
As a courtesy, enclosed is a copy of Resolution No. 96-108 for your records.
City Clerk
ALR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808