HomeMy WebLinkAbout1994-02-08; City Council; 12577; Approval Of Aviara Phase III Master Plan(‘TY OF CARLSBAD - AG:-IDA BILL ‘%y& (g-J
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APPROVAL OF THE AVIARA PHASE III MASTER PLAN MP-177(G), GPA 93-06,
DEPT. 2~ LCPA 92-01, CT 92-03 AND HDP 92-O
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RECOMMENDED ACTION:
Adopt Ordinance No. NS-269 and Resolution No. 94-v .
ITEM EXPLANATION
At its meeting of Tuesday, January 25, 1994, the City Council approved the Aviara Phase III Master Plan and related actions as amended. Those amendments included additional conditions regarding park-in-lieu fees, school fees, setting portions of the alignment of Poinsettia Lane, and a temporary access easement. Those conditions are reflected in the resolution. The Council should satisfy itself that these conditions accurately reflect your intentions in this regard.
I FIBCAL IMPACT
No additional fiscal impact beyond that discussed in Agenda Bill 12,565.
EXHIBITS
1. Resolution No. app W-y! roving the Aviara Phase III Master Plan and related actions. 2. Ordinance No. NS-269
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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 E CAS 920
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 willnothave
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 Council 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:
“(1) 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.
"(31, Developer shall provide a 30' wide temporary access easement along the easterly boundary of Lot 3, as shown on Exhibit nAn, 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.n
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 (RMH) and residential high
density (RH) designations to the existing combination district for
property generally located north of the Hatiguitos Lagoon, east of
I-5 and west of El Camino Real in LFMP Zone 9 is approved as shown
in Planning Commission Resolution 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 Resolution 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 grade the individual neighborhood and major
streets 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. 3577 on file with the City Clerk and
incorporated herein by reference.
10. That the Hillside Development Permit (HDP 92-04) to
rough grade 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
2 No. 3578 on file with the City Clerk and incorporated herein by
3 reference.
4 11. This action is final the date this resolution is
5 adopted by the City Council. The provision of Chapter 1.16 of the
6 Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
7 apply:
8 "NOTICE TO APPLICANT"
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#'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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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 8th day of FEBRUARY
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L.
(SEAL)
FXHIBIT ‘A’
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ORDINANCE NO. NS-269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE AVIARA PHASE III MASTER PLAN AMENDMENT LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19 CASE NAME: AVIARA PHASE III CASE NO: MP 177(G)
WHEREAS, the City Council of the City of Carlsbad,
California has reviewed and considered a Master Plan Amendment for
future development of the site; and
WHEREAS, after procedures in accordance with the
requirements of law, the City Council has determined that the
public interest indicates that said plan be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad
does ordain as follows:
SECTION I: That the Aviara Phase III Master Plan
Amendment, MP 177(G), dated November 17, 1993, on file in the
Planning Department and incorporated by reference herein, is
approved. The Master Plan Amendment shall constitute the zoning
for this property and all development of the property shall conform
to the plan.
SECTION II: That the findings and conditions of the
Planning Commission in Planning Commission Resolution No. 3574
shall also constitute the findings and conditions of the City
Council.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify the
adoption of this ordinance and cause it to be published at least
.
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once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 25th day of JANUARY , 1994,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 8th day of FEBRUARY ,
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL,
ATTEST:
February 8, 1994
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TO: City Manager
Assistant City Engineer @A--
AVIARA PHASE Ill CONDITIONS OF APPROVAL (CT 92-03)
The attached condition of approval was submitted to the City Attorney for inclusion
in the Aviara Phase Ill conditions of approval. The condition as written represents our
best understanding of what the City Council intended when they voted to add a
condition regarding temporary access to the future Aviara Park site and to the Aviara
Oaks School. Aviara does not agree to the proposed wording of this condition.
I met with Curt Noland and Paul Klukas, representing Aviara Land Associates, and
Jack Henthorne, representing the adjacent Poinsettia Hills developer, to discuss the
issue of temporary and permanent access to the Park Site and to the Aviara Oaks
School. We all agreed that it was beneficial to provide both pedestrian and vehicular
access from the future ‘A’ street to Poinsettia Lane. Such an access would allow
future residents in the Poinsettia Hills and The Villas projects to gain easy access to
the park and school sites. The method to accomplish this goal was somewhat more
elusive.
Aviara believes that the requirement for a 30 foot wide temporary access easement
unnecessarily burdens their property and does not provide a meaningful solution to the
issue of park or school access. Their reasoning is as follows:
1. Access to the park and school sites from properties to the east of their
project is not their responsibility since it can easily be accommodated on
property not under Aviara ownership.
2. A temporary access along the east edge of their property makes sense
only when the Poinsettia Hills project is developed and’ Street ‘A’ is
extended to their project boundary. When this occurs, alternate
permanent access to Poinsettia Lane can be guaranteed along required
utility easements linking ‘A’ Street to Poinsettia Lane. (Aviara is willing
to grant additional rights-of-way at the southeastern corner of Lot 3 to
accommodate the extension of ‘A’ Street to Poinsettia Lane should this
connection be required)
February 8, 1994
Aviara Phase III
Page: 2.
3. Access to the park site is best gained by traveling south from ‘A’ Street
to Poinsettia Lane, then along Poinsettia Lane to Ambrosia Lane and
from there traveling north into the park. A second park access from the
extension of ‘A’ Street to the edge of the Aviara project and then north
into the park is redundant, does not materially reduce travel time, is a
maintenance and liability problem for the City and may not be desirable
for park planning purposes.
4. The granting of a temporary public access easement will tend to vest the
public interest in their property and make it difficult to convince the City
to accept an alternate access plan on a permanent basis.
.The Poinsettia Hills developer is prepared to grant on site easements and to secure the
necessary off site easements to provide pedestrian access from ‘A’ Street to
Poinsettia Lane at the time their property is developed. They do not wish to extend
Street ‘A’ to Poinsettia Lane or to revise their project to provide northerly public
access within their property to Aviara Park. They note that future residents within
their project could gain direct access into the park from their common border. As for
the extension of Street ‘A’ they believe such an extension should be considered when
the Sfregola property, which lies immediately to the south of their property, is
developed. They are prepared to dedicate any necessary pedestrian and vehicular
access rights along the south edge of their property from Street ‘A’ to the edge of the
Aviara project.
We believe that the wording on the proposed Council condition adequately provides
the flexibility to accommodate any of the public access alternatives. In addition, the
requirement to grant the easement will assist in maintaining existing access to
surrounding agricultural properties during the development of the Aviara Phase Ill and
Poinsettia Hills projects.
DAVID A. HAUSER
Assistant City Engineer
c: City Engineer
City Attorney
“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.”
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