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HomeMy WebLinkAbout1978-02-08; City Council; Minutes.. ~. , P ~$q~$j-.f&~~ CITY COUNCIL (Adjourned Regular Meeting) ROLL CALL: Mayor Frazee indicated the purpose of the meet- ing was to continue with the items from the Agenda of February 7, 1978. PUBLIC HEARINGS: The Planning Director gave the staff report out- lining his memorandum to the City Manager dated January 25, 1978. Mayor Frazee asked i'f anyone wis.hed to speak on the matter and declared the public hearing open. Mr. Robert Knauf, 810 Mission, Oceanside, attor- ney representing Tri-City Automobile Dealers Association in Car Country, addressed Council. Mr. Knauf indicated his interest was due to the fact that Car Country would fall in the new zone. He stated Car Country currently follows a pro- cedure similar to that proposed; however, he felt it would be desirable to allow more flexi- bility wherein department heads and senior staff members would have authority to approve certain portions of the requirements. allow more flexibility as far as fitting signs into the overall design of the development. He concluded by stating there are approximately 10 acres left in Car Country to be developed that would be governed by this new zone, and current1 Lincoln-Mercury is negotiating with possibility of locating in Car Country. Since no one else wished to be heard, the Mayor closed the public hearing at 7:39 P.M. Staff indicated there are currently only two areas designated RRE; those being Car Country and the property west of 1-5 and north of Palomar Airport Road, which is owned by Mr. Priestly. I ! 1 Council questioned the desirability of some of the permitted and accessory uses contained in the proposed zone, as well as those possibly allowed by Conditional Use Permit. Council expres,,sed concern re the- uses in that the areas in question are adjacent to a scenic highway. Therefore, development occurring in those areas will reflect on the City itself. Furtherconcern was expresse relative to the maximum size of the zone district Following a great deal of discussion, Council tabled ZCA-91, C-E Extensive Commercial Zone. ! [!E ii[ $;6 b ,. 5 B gp \ i!!! i E 2. f 1 t .. ~JL&-f~fh4yq c 9 -g; %f- e$ ir Lk L>.$ sr4,p 9 . . C., c & $8 LE, id? ti: -2- February 8, 1978 *.~~*~*" ~~~~~~~~-~~~~ DEPARTMENTAL AND CITY MANAGER REPORTS: Planning 18. AGENDA BILL #5306 - Supplement #l - REQUEST FOR RECONSIDERATION OF ACTION ON FIRST PHASE COMPANY. The Planning Director gave the staff report detailing the Memorandum to the City Manager dated January 20, 1978. Council then recognized Mr. Nicholas Banche, 3464 Ridgecrest, Carlsbad, attorney representing the appl icant. Mr. Banche referr,ed to the pre- vious meeting of December 20, wherein discussion relating to Kamar was directed- solely to the public improvements, and whether they qualified under section 4. He then referenced several documents and indicated that though some stated the requirement for all discretionary approvals, nowhere did it state a Final Map was required. Mr. Banche further expressed the opinion that a Final Map is a ministerial action, and not dis- cretionary; therefore, Kamar does have all dis- cretionary approvals. Council discussed the matter and reaffirmed the fact that a final map is considered a discretion ary approval, and in order to qualify for sewer allocation, it was necessary to have a final map. Council denied the request for the sewer pe due to the lack of a final map. RECESS: Mayor Frazee called a recess at 9: and Council reconvened at 9:20 P.M. with all Council members present. SEWER ALLOCATION SYSTEM - KAMAR CON.STRIJCTION 'Mayor Frazee relinquished the chair to Vice-Mayor Lewis due to his SDG&E holdings which related to the next Agenda item. [I131 19. AGENDA BILL #3528 - Supplement #8 - SAN DIEGO COAST REGIONAL COMMISSION ACTION ON AGUA HEDIONDA SPECIFIC PLAN AND FUTURE STATE COASTAL COMMISSION ACTION. The Planning Director gave a brief staff report referring to the Memorandum to Council dated January 23, 1978, which contains detail of the action by the 'San Diego Coast Region.al Commission and staff's analysis of that action. He stated Mr. Joseph Sandy of the Planning Department, was present to respond to specific questions, by Counci 1. Mr. Sandy responded to questions by Council and clarified staff's position on the vari tions. ii - i; SA E :It: - -- . .. .. . "ck;-&!$E%+. -3- With regard to Condition 16 o comment re same on staff I s comment be is marginally accep is totally unacceptable". Further, it was' moved that staff's wording and recommendation re Condition 17 be accepted. Following further d the proposal as submitted by ception of those previously acted upon, and directed staff to communicate those areas of appeal to the State Commission p'rior to the February 14, 1978, public hearing. The Planning Director then stated a report had very recently been received from the State Coastal Commission staff relative to the Specifi Plan and their recommendations re same. He in- dicated their recommendations were extremely extensiv-e and detailed and if approved, would possibly require Council to "start all over" on the Specific Plan. He continued stating the State staff addressed He then outlined the various options 'available to Council re the matter. Vice-Mayor Lewis stated citizens had requested the opportunity to speak on the matter, and they would be heard from at this time. Council recognized Mr. Perry Lamb, 5171 Shore Drive, Carlsbad. Mr. Lamb expressed concern about the portion of the State staff's recommenda tion that would allow development.of the Pannonia property only if the land south of the Lagoon is preserved for agriculture use. Council recognized Mr. Jerry Rombotis, 325 Elm, Carlsbad. Mr. Rombotis urged Council to adopt a.policy to allow Council input on the matter prior to a final vote by the Coastal Commission. He expressed the feeling that the Plan as .*passed by the Regional Commission is acceptable, but the State staff recommendation is completely unacceptable. Council recognized Mr. Larry Hunts, owner of Papagayo. Mr. Hunts expressed concern about the State staff's recommendations and urged Council to request a continuance in order to allow time to study the matter. e . . " I CITY OF CARLSBAQ . - -- . ". - - CaUNCELMEC -4- Council recognized Mr. Mike Dudley, Supervisor of Land Planning for San Diego Gas & Electric Company. Mr. Dudley expressed concern about the State staff's recommendations and urged Council to request a continuance of the matter. Following further discussion, it was the concen- sus of Council that staff appeal those previous1 discussed changes imposed by the Regional Commission; following which if State staff makes a presentatioh, a continuance is to be requested Vice-Mayor Lewis then relinquished the chair to Mayor Frazee, [lo51 20. AGENDA BILL #3542 - Supplement #7 -, FOURTH YEAR HCD GRANT APPLICATION. The Redevelopment Coordinator, Mr. Jack Henthorn, gave the staff report referencing his Memorandum to the City Manager dated January 30, 1978. He then responded to questions re the status of the Redevelopment Program, for what reason was it determined that the property purchased at State Street was desirable for a parking lot and what method was used for determining the cost of constructing same. Councilman Skotnicki expressed his objection to t'he program in that he felt it was an attempt to do "spot" work in the area when no definite plan or program has been established. He indicated i would be desirable to first have an established program for the area. Council directed staff to submit the proposed program for inclusion in the County of San Diego's Urban County Block Grant Application. [113] .21. AGENDA BILL #3625 - Supplement #1 - REQUEST FOR FINAL BUILDING PERMIT APPROVAL ON SINGLE STACK - SAN DIEGO GAS & ELECTRIC CO. This item was taken out of order and discussed following the Consent Calendar at the meeting of February 7, 1978. The Planning Director gave a brief staff report on the matter. ward the City's position on this matter to LAFCO. . Mayor Frazee indicated the City Attorney had an item re the Election that needed to be discussed, and would be considered at this t.ime. Following that, 1,tems 31 through 36 would be taken out of order and discussed. CQkiNClhMEt POSSIBLE COUNCIL VACANCY FOLLOWING ELECTION. The City Attorney outlined' his Memorandum to Council dated February 7, 1978, which contained the options available to Council should the Election result in a vacancy on Council. Council discussed the matter at length,'and introduced the following Ordinance for a first .. ORDINANCE NO. 1209, AMENDING TITLE 2, CHAPTER PERSON APPOINTED TO FILL A VACANCY ON THE CITY COUNCIL SHALL HOLD OFFICE ONLY UNTIL THE NEXT ELECTION. Title to the following Ordinance was read and th Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8077, AMENDING TITLE 18, CHAPTER 18.04.045, 18.04.055, 18.04.075, 18.04.080, ".8.04.085, 18.04.105, 18.04.110, 18.04.115 AND 18.04.080 TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM BUILDING CODE SUBJECT TO CERTAIN AMENDMENTS. Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8078, AMENDING TITLE 18, CHAPTER 18.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTLONS 18.12.010 AND 18.12.240 AN BY THE DELETION OF SECTION 18.12.245 TO ADOPT BY REFERENCE THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE SUBJECT TO CERTAIN AMENDMENTS. 33. AGENDA BILL #5331 - ADOPTION OF THE 1976 [301 . EDITION OF THE UNIFORM PLUMBING CODE.' Title to the following Ordinance was read and th Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8079, AMENDING TITLE 18, CHAPTER 18.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 18.16.010 AND 18.16.130 AND BY THE ADDITION OF SECTIONS 18.16.185 AND 18.16.230 TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING CODE SUBJECT TO CERTAIN AMEN.DMENTS. .. - -- . . . " . ". . . CITY OF CARLSBAD CWNCILMEC -6- 34. AGENDA BILL #5332 - ADOPTION OF THE 1976 c301 EDITION OF THE UNIFORM MECHANICAL CODE. Title to the following Ordinance was read and the Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8080, AMENDING TITLE 18, CHAPTER 1.8.08 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.08.010 AND THE ADDITION OF SECTIONS 18.08.020 AND 18.08.030, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. 35. AGENDA BILL #5333 - ADOPTION OF THE 197-6 c301 EDITION OF THE UNIFORM SWIMMING POOL CODE. Title to the following Ordinance was read and the Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8081, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.17, TO ADOPT BY REFERENCE THE 1976 EDITION OF THE UNIFORM SWIMMING POOL CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. 36. AGENDA BILL #5334 - ADOPTION OF THE 1976 r301 EDITION OF THE UNIFORM SOLAR ENERGY CODE. Title to the fol lowing Ordinance was read and the Clerk instructed to set the matter to Public Hearing on March 7, 1978: ORDINANCE NO. 8082, AMEN.DING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.18, TO ADOPT BY REFERENCE THE 1976 ' EDITION OF THE UNIFORM SOLAR ENERGY CODE SUBJECT TO CERTAIN CHANGES, ADDITIONS AND AMENDMENTS. '23. AGENDA BILL #5158 - Supplement #5 - SECOND [931 REVISION - THE F.IRST PHASE SEWER ALLOCATION The Planning Director gave the staff report in- dicating the major change in the second revision was the deletion of qualification number 4. He further stated the application period would be reopened for a period of two weeks. next to the last line should be "Commercial" rather than "Industrial/Commercial"; Exhibit E heading should be "Commercial Land Uses" rather than "Industrial - Commercial Land Uses" and Page 5 of the Application which relates to tie breaking should read "Commercial" rather than "Industrial .and Commercial". .. CBiUNCEhMEb Mayor Frazee stated members of the public had requested the opportunity to speak regarding the matter, and they would be heard from at this Mr. Bob Snyder, 1394 Magnolia, Carlsbad, addresse Council. He expressed the feeling that the .. Mr. Nicholas Banche, 3464 Ridgecrest, Carlsbad, representing Mr. Haasl in Bristol Cove, addressed Council. He suggested Council consider releasing some of the capacity being retained in Industrial in that there is no demand in the Industrial Mr. Ron Roberts, 440 Euclid St., San Diego, addressed Council. He requested Council consider allowing 45 days rather than 30 days for submitta of a building permit application. In addition he questioned the need for submitting a site plan with the application for sewer capacity in that they are extemely detailed and rather expensive. Mr. Joseph Guagliardo, 5461 Los Robles, Carlsbad, addressed Council. He questioned whether capacit had been al'lotted to someone on Ocean Street who was not the owner of record on April 19, 1977. Following brief discussion, Council adopted the following Resolution: TO THE FIRST PHASE SEWER ALLOCATION SYSTEM ADOPTED BY RESOLUTION NO. 5199 AS REVISED BY RESOLUTION NO. 5259 PURSUANT TO SECTION 18.05.030 OF THE CARLSBAD MUNICIPAL CODE, with the follow- ing changes to Exhibit "S" of said Resolution: Page 2, Section 11. C., add the words "in part" should read "three"; Page 3, Section D, "Lane" should read "Land"; Page 4, Section B.1.e) should read "The site plan shall contain all necessary information for evaluation as determined by the Planning Director"; Page 6, Section VIII. A. change "30" to "45" days; Page 7, next to last line, delete "Industrial"; Exhibit ''E", third line of heading, delete "Industrial"; and Page -5 to Exhibit ''E", second line of heading, delete I' Indus tri a1 'I. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:27 A.M. to Friday, February 10, 1978, at 5:OO P.M. in the Council Chambers. Respectfully submitted, .after ''system is"; Page 3, line five, "two"