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HomeMy WebLinkAbout1973-08-07; City Council; MinutesY3TY OF CARLSBAD WUNLILML Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 7, 1973 Time of Meeting: 7:OO P.M. INVOCATION was offered by Mayor Dunne. PLEDGE OF ALLEGIANCE was given. APPROVAL OF MINUTES: (a) Minutes of the adjourned regular meeting (b) Minutes of the regular meeting held.July 17, 1973, were‘approved as presented. CITY COUNCIL COMMITTEE REPORTS: None. HCjUSING AUTHORITY: The Council adjourned to the Housing Authority at 7:05‘P.M. and reconvened at 7:13 P.M. with ’ a1 1 Councilmen present. SCHOOLS. Dr. Howard Harman, Carlsbad Unified School District Superintendent, addressed the Counci 1 regarding contributions by developers to the District to meet school needs as the area develops. Dr. Harman st’ated that the School District has worked out an agreement that could be utilized between school and developer and a policy to recommend to the City The Council discussed at length the composition of the proposed policy, based on policies withi the County. The enforcement of such a policy was consi4ere.d and it was the consensus of the Council that greater success might be achieved by requiring fees and/or land dedication at the tIme building permits are issued. The City Manager was instructed to review the proposed policy and offer recommendations to the Council at a later aate. be prepared honoring former Mayor McClellan. 17- PUBLIC HEARINGS: I I [gg] The Mayor declared the Public Hearings open at 7:35 P.M. (a) Agenda Bill #2087. Considering Final EIR and approval of a Specific Plan on a 300 unit townhouse cluster, generally located on the south side of Poinsettia Lane between 1-5 and Lagoon Lane. APPLICANT: Covington Bros/Occidental Petroleum. The Clerk announced Notices of Publication are on file and that no correspondence had been . received. Planning Director Donald Agatep gave a staff report. .. 0 i CITY OF CARLSBAD CUUNCILMEb August C991 0 7. 1973 -2- PUBLIC HEARINGS continued. It was stated that land had been offered for school sites and further, that developer has agreed to install one-half public street improv ments on entrance street. Richard Huffman, representative of Covington Brothers, addressed the Council. Mr. Huffman informed the Council the developer was in accor with the condititions with the exception of the traffic signal, which, he stated, was not neede at this time. The Acting City Engineer, Tim Flanagan, discuss traffic signal concepts and community needs and responsibilities with the Council. It was his feeling that a policy should be established as to whether the developers will pay for signali- zation or whether the people of Carlsbad will d so. He pointed out that from an economic stand point, it is cheaper to provide for traffic signals at the time an intersection is improved and that in areas -which are not scheduled for immediate and complete development, a reimburse ment agreement could be entered into. Ken Wasseman,. Occidental Petroleum representa- tive,.supported reimbursement agreement concept " ~. Janet Breen, Oceanside, asked various questions of environmental and ecological nature. No one else wished to be heard and the public hearing was closed. It was moved that the Final EIR be approved. Resolution No. 3169 was presented and adopted. RESOLUTION NO. 3169. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING SPECIFIC PLAN FOR DEVELOPMENT OF A 300-UNIT TOWNHOUSE CLUSTER ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF POINS.ETTIA LAND BETWEEN 1-5 AND LAGOON LANE. (Covington Brothers/ Occidental Petroleum) Resolution No. 3170 was presented, discussed and adopted. RESOLUTION NO. 3170. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 73-24) TO ALLOW FOR A 300-UNIT TOWNHOUSE CLUS.TER DEVELOPMENT, ON POINSETTIA LANE BETWEEN 1-5 AND LAGOON LANE. PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF (Covi ngton Brothers/Occi dental Petroleum) (b) Agenda Bill #2091. To consider approval of a Specific Plan for 331 units on 63 acres, located on the west side of .and adjacent to. El Camino Real, to be known as Carlsbad Palisad Applicant: Douglass-Pacific Corporation. a - i i I CITY OF CARLSBAD .,?* -3- P-UBLI'C HEARINGS continued. . (Douglass-Pacific Corporation) recei ved. Mr. Agatep gave a staff report and a dis- cussion regarding street wjdths on Tamarack ensued. Mr. J. J. Johnson, project director.on the proposed development ,. addressed 'the Counci 1. and requested that maximum street widths on Tamarack be established at 64'feet. He also requested relief from. median improvements and full traffic light signalization. Mr. Johnson stated that agreements with the School District have been approved. Betty Wollrich, Parks .and Recreation Com- missioner, requested the 84 foot width be retained as a requirement which would allow for hiking and bicycle lane. Ron Schwab, Carlsbad resident, spoke in fava. of the proposed development. He stated he owned Lot 22 in the development and was con- -cerned about boundary adjustments and road alignment. A question thereby arose as to ';he legal position of the development and Mr. Schwab. The City Attorney advised the Council that this is a Civil matter existing between the develop.er and Mr. Schwab, and should the title not be cleared, the final map would . not be approved or recorded and the tentativ map would expire and the applicant would have to reapply at such time as title is clear or Mr. Schwab joins with the developer > RECESS: Mayor Dunne cailed a recess at 9:00 P.M. and the Council reconvened at 9:15 P.M. I Mr. Schwab again addressed the Council and 'stated he wanted to be on record as having requested their consideration on slope and boundary requirements, and that he would be back at a later date for a lot split. The City Attorney stated that neither the developer nor the City Attorney could give advice on the position of Mr. Schwab, and that the City must presume the developer owns the property. Both the City Attorney and the Council infor ed Mr. Schwab that his request was not appropri . ate at this time and that neither the staff nor .the Council could make any recommendatio s. E- D No one else wished to be heard and the publi hearing was closed. 1 I. WUCdCiLMEN *-, --=.y. CITY OF CARLSBAD COUNCILMEN August a - 4- t 7, i973 P-UBLIC HEARINGS continued. (Douglas-Pacific/Carlsbad Palisades) Resolution No. 3177 was presented and adopte RESOLUTION NO. 3177. A RESOLirTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. ANNOUNCING FINDINGS AND DECISION AND ADOPT-* ING SPECIFIC PLAN (SP-115) FOR DEVELOPMENT OF 331 UNITS ON PROPERTY GENERALLY LOCATED ON THE WESTERLY SIDE OF AND ADJACENT TO EL CAMINO REAL, CONSISTING OF APPROXIMATELY 63 ACRES. SAID DEVELOPMENT IS TO BE KNOWN AS "CARLSBAD PALISADES." r Resolution No. 3178 was presented and a dis- cussion followed. Councilman Frazee moved to leave Item 810 as currently stated in proposed Resolution. The motion died for lack of a second. Councilman McComas moved to remove Item #10 from the Resolution and that remaining items be renumbered. Motion seconded by Councilma 1 Chase. Mr. Chase withdrew his second and the motion died. Councilman Chase moved that Item #10 be amended to read "Developer shall pay 50% of the cost of a two inch A.C. overlay on Birch Avenue between Skyline Drive and Sunny- hill Drive." Councilman Chase moved Item 9 be amended to read 68 foot right-of-way in place of 84 foot right-of-way. The motion was seconded but failed by the following vote: Councilman Lewis moved that Item #9 be amended to read "Tamarack Avenue shall have an 84 foot right-of-way and shall be extend to Skyline Drive, with 52 feet of pavement full public improvements. Offsite, the improvements shall be installed within the existing right-of-way in a maRner acceptabl ' to the City Engineer." It was moved that Item #6 be amended by deleting last three words, "and median curb. I' A m'otion to add Item #21 stating "During th course of construction a1 1 access to the subject property sh.all be taken from El Cami no Real" was made. 1 RESOLUTION NO. 3178. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIF -I ORNIA, APPROVING TENTATIVE MAP (CT 73-8) I PERMITTING DEVELOPMENT OF 331 UNITS ON PROPERTY GENERALLY LOCATED ON THE WESTERLY SIDE OF AND ADJACENT TO EL CAMINO REAL, APPROXIMATELY 200 FEET NORTHERLY OF THE INTERSECTION DF KELLY DIRVE AND EL CAMINO REAL, CONSISTING OF APPROXIMATELY 63 ACRES. SAID DEVELOPMENT IS TO BE KNOMN AS "CARLSBAC pA[21SAD~sotb was adopted a5 anlcndedl CITY OF CARLSBAD GOUNCILMEE L -5- I PUBLIC HEARINGS continued. I 0 [9g] (c) Agenda Bill #2092. To consider the approval of a Specific Plan to utilize approximately 1.2 acre parcel for open space and recreation, 1Gcated approximately 128.85' northerly of Gibralter Street and Jerez Court. Applicant: D.R. Gray Construction Company The City Clerk stated the Affidavit of Publica- tion was on file and that no correspondence had been received. Following a staff report, Bob Ladwig of Rick Engineering and representative of the developer urged approval of the development. I No one else wished to be heard and the Public Hearing was closed. I Resolution #3179 was presented and adopted. .. I RESOLUTION NO. 3179. A RESOLUTION OF THE CITY ANNOUNCING FINDINGS AND DECISION AND ADOPTING COUNCIL OF THE CITY-OF CARLSBAD, CALIFORNIA, SPECIFIC PLAN (SP-130) UTILIZING .AN .APPROXIMATE 1.2 ACRE PARCEL TO BECOME OPEN SPACE AND RECRE- ATIONAL AREA, SUBJECT PROPERTY BEING LOCATED APPROXIMATELY 28.65 FT. NORTHERLY OF GIBRALTER STREET AND APPR0,XIMATELY 181 FT. EASTERLY OF TH INTERSECTION OF GIBRALTER STREET AND JEREZ COUR [MI (d) Agenda Bill isr2093. To consider an appeal . sg of the decision of the Planning Commission in denying a request for zone change from R-1 to R-3 and a Specific Plan to allow for a 49 unit condominium development on property located southerly of and adjacent to Cannon Road, 50' easterly of the intersection of El Arbol Drive and Cannon Road. Appellant: W. D. CANNON. The City Clerk stated the Affidavit of Publica- tion was on file and that no other corresponden had been received. I Y Motia . Ayes .e The Planning Dl'rector gave a staff report and stated the Planning Commission generally liked the plan submitted and that it was their recom- mendation that RD-M Zoning be considered. Mr. Don Scholl, 3230 Fifth Street, San Diego, representing the developer, spoke in favor of the development and stated that RD-M was acceptable. Mr. Barry Sanders, representing Terramar Home- owners Association, stated the Association was in support of the development. No one else wished to be heard and the Public Heari ng was closed. 0 70 xx CITY OF CARLSBAD COUNCILMEN . 9. -6- i I ~ ~ , Auclust 7, 1973 " PUBLIC HEARING continued. (bJ.D. Cannon) A motion was 'made to grant the appeal and that RD-M zoning be allowed; further, that a Genera Plan amendmen-t be implemented and the Specific Plan be resubmitted at the same time the appea is to be heard by the Planning Commission. [gg] (e) Agenda Bill #2094. Considering Final EIR submitted by Rancho La Costa, on property located on the west side of El Camino Real between Alga Road and Arena1 Road to allow 27.8 si ngl e family 1 ots, 100 dupl exes (condomi ni urns and three commercial lots. Also to be consid- ered for subject property i.s the tentative map, CT 72-34,, to be known as Rancho La Cuesta The City Clerk stated the Affidavit of Publi- cation was on file and that no correspondence had been received. . The Planning Director.gave a staff report and stated that the proposed development agrees with the preannexation zone change and with th densities of the La Costa development. Steven Maloney, South Bay Engineering, spoke on behalf of the developer. No one else wished to be heard and a motion wa made to accept the Final EIR as presented. Resolution No. 3180 was presented and follow- ing clarification of conditions contained in the proposed resolution, it was adopted. RESOLUTION NO. 3180. A RESOLUTION OF THE CIT\ COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 72-34), A DEVELOP- MENT OF 278 SINGLE-FAMILY LOTS, 100 DUPLEX CONDOMINIUM LOTS AND 3 COMMERCIAL LOTS, ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, BETWEEN ALGA ROAD (EXTENDEL AND ARENAL ROAD (EXTENDED) TO BE KNOWN AS "RANCHO LA CUESTA. I' (Ayres) r 1 F RuL Motion Ayes ; Motion . Ayes i 1 0 Motion Ayes l1131 (f) Agenda Bill #2095. Considering a Final EIR and application for zone change from R-A and R-3 to RD-M, to allow a 51 unit condominiu development on property located on the east side of Carlsbad Boulevard between Tamarack and Sequoia Avenues. Applicant: F.J. Bear. .j The City Clerk stated the Affidavit of Publi- cation was on file and that no correspondence had been received. A staff report was given wherein the differenc s between R-3 and RD-M were explained. 1- ." i *, . .. '~ Janet Breen inquired about building heights an whether the project was subject to controls of Proposition #20. She was informed that height were within Municiple Code requirements and that the project does fall .within the control of the Regional Coastal Commission. t Dl 0 0 CITY OF CARLSBAD -7- .. August 7, 1973 - ~ ~ ~~~ PUBLIC HEARINGS continued. (Bear) .William Rick, Rick Engineering, spoke on behalf of the developers. No one else wished to be heard and the Public Hearing was closed. Following discussion, a motion was made to accept the Final EIR. Councilman Frazee abstain.ed from voting. Resolution No. 3181 was presented and adopted. I RESOLUTION NO. 3181. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, /ANNOUNCING FINDINGS AND DECISION REGARDING CHA OF ZONE FROM R-3 AND R-2 TO RD-M ON PROPERTY GENERALLY LOCATED EASTERLY OF AND ADJACENT TO CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND MINIUMS." SEQUIOA AVENUE, TO BE KNOWN AS "SEAVIEW CONDO- ORDINANCE NO. 9358. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM R-3 AND R-2 TO RD-M ON PROPERTY GENERALLY LOCATED EASTERLY OF AND ADJACENT TO CARLSBAD BOULEVARD BETWEEN TAM ARACK AVENUE AND SEQUOIA AVENUE, TO BE KNOWN AS "SEAVIEW CONDOMINIUMS," was given a first reading by title only and further reading waiv ~~ I I- Et RECESS: Mayor Dunne called-a recess at 10:50 P.M. and reconvened the meeting at'l1:OO P.M. I 11131 (9) Agenda Bi 11 #2096. Considering the Final EIR and applications for preannexation zone change from County A-1-8 to P-C and Master. Pla to allow development of a 717 acre parcel loca ted on the east side of El Camino Real between Alga Road and Palomar Airport Road. Applicant: John J. Mamaux, on behalf of Marvin Kratter. r - The City Clerk stated the Affidavit of Publi- cation was on file and no correspondence had been received. Mr. Agatep gave a staff report and stated the Planning Staff disagreed with the densities and road alignment for poinsettia Lane. He reported the Planning Commission had approved the P-C zoning and Master Plan on the basis of densities being compatible with the densities in the area. Poinsettia Lane alignment will be considered and resolved.at the time the Specific Plan is heard.. John Mamaux, representing the developer, state they were in agreement with the conditions of dkvclopment. He mentioned that the County Circulation Plan of 1967 does not show Poin- settia Lane east of El Camino Real, but it doe show Carrillo Way, which would provide access to the Bressi Ranch. Mr. Mamaux stated that the developer is will ing to work with the School District on school sites. COUNCILMEh ;E Motion Ayes xxx Abstain . Motion , Ayes xxx i.Abstain CITY OF CARLSBAD - 8- August 7, 1973 r I PUBLIC HEARINGS continued. (Marvin Kratter - continued) Art rlarris, Carlsbad resident and owner of prop. erty contiguous to the proposed development, urged favorable consideration of the project. No one else wished to be heard and the Public Hearing was closed. It was moved the Final Environmental Impact Report be adopted. Resolution No. 3182 was presented and adopted. RESOLUTION NO. 3182. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING PRE- ANNEXI-\.TION CHANGE OF ZONE FROM SAN DIEGO COUNTY A-3(8) TO CITY OF CARLSBAD P-C (Planned Communi ON PROPERTY GENERALLY LOCATED NORTH OF ALGA ROAD, EAST OF EL CAMINO REAL, WEST OF CARRILLO RANCE AND SOUTH OF 'THE BRESSI OWNERSHIP. SAID PROPERTY CONSISTS OF APPROXIMATELY 717 ACRES, KNOWN AS THE KRATTER PROPERTY. ORDINANCE NO. 9359. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A PREANNEXATION CHANGE OF ZONE FROM COUNTY A-3(8) TO CITY OF CARLSBAD P-C (Planned Community) ON PROPERTY GENERALLY LOCATED NORTH. OF ALGA ROAD, EAST OF EL CAMINO REAL, WEST OF CARRILLO RANCHO AND SOUTH OF THE BRESSI OWMER- SHIP. SAID PROPERTY CONSISTS OF APPROXIMATELY 717 ACRES, KNOWN AS THE KRATTER PROPERTY was given a first reading by title only. Resolution No. 3183 was presented.with the amendment recommended by the Planning Staff of five additional condi tions provided in a Supple mental Report dated August 7, 1973, and the amendment of condition No. 1 contained in Planning Commission Resolution No. 934 to read I". . . . the appl i cant shall endeavor to ,work wi th the Carlsbad Union School District.. . .I' I RESOLUTION NO. 3183. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER PLAN (MP-l28)-FOR 717 ACRES OF LAND, ON PROPERTY GENERALLY LOCATED NORTH OF ALGA ROAD, EAST OF EL CAMINO REAL, WEST OF SHIP. SAID PROPERTY IS KNOWN AS THE "KRATTER PROPERTY." Said resolution was adopted as amended. CARRILLO RANCH AND SOUTH OF THE BRESSI. OWNER- I 8- DEPARTMENTAL REPORTS: I A. City Clerk. C251 1. Agenda Bill #2097. . Regarding annexatio .of property located north of Alga Road, East of El Camino Real and West of Carri 1 lo Ranch , to be known as "East Carlsbad Annexation No. 2.16. (Kratter Property) 0 b 4 t\ - lr I COUNCILMEb .. CITY OF CARLSBAD - -1 0- August 7, 1973 - 0 0 - DEPARTMENTAL REPORTS continued. 0. Police Department. 1781 1. Agenda Bill #2101. An amendment to the Municipal Code regarding 1 i censi ng of bi cycles. I The City Manager reported that State regulation to cover financing of the Automated Stolen Bicycle System required assessment for all bike at 20$ per year, payable for a two year period. Current City licensing of bicycles is set at 50d: for a ten year period, or for the period of single ownership, if less than ten years. 1 The proposed amendment would be $1.00 and would cover the State assessment as well as the City requirements. Ordinance No. 3397 was presented for a first readi ng. ORDINANCE HO. 3097. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.56.070 AND ADD- ING SECTION 10.56.110 REGARDING THE LICENSING OF BICYCLES was given a first reading by title only. 12- RATIFICATION OF BILLS AND PAYROLL: I Ratification was given the payment of bills for the General Expenses of the City in the amount of $282,201.09, and the Water Department in the amount of $32,281.40, and Investments in the amount of $300,000.00, for the period July 16, 1973 thraugh July 31, 1973, as certified by the Director of Finance and approved by the Audit- i ng Commi ttee. Ratification was given the payment of the pay- roll in the amount of $95,365.10 for the period of July 16, 1973 through July 31st, 1973, as certified by the Director of Finance and approved by the Auditing Committee. 13- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:15 A.M., to August 8, 1973 at 2:00 P.M. Respectfully submi tted, MARGAK, 4 E. t'4z- ADAMS City Clerk Virginia M. Smith Recordi ng Secretary i-q[4 *E& L? &/W ., j i C;OUNCILMEE