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HomeMy WebLinkAbout1978-11-28; City Council; MinutesI. ~ , .. .. .* . " . ._ .. . CITY OF CARLSBAD' COUNCILME Meeting of: CITY COUNCIL (Adjourned 'Regular Meeting) Time of Meeting: 7:OO P.M. ,Date 0.f Meeting: - No.vember 28, 1978 whose wife passed away. Maypr Packard announced that the City Manager had recently appointed Mr. David Lee Bradstreet a-s the new Parks and Recreation Director for the City of Carlsbad, and that his employment would' begin on January 2, 1479: MAGEE HOUSE Council recognized Mr. Allan 0. Kelly, El Camino Real, Carlsbad. Mr. Kelly stated he was speaking to Council .on behalf of the Carlsbad Historical Soc.iety. He indic,ated-that Historical Soci.ety felt it would be desirable to retain. the barn on th Magee property by restoring it as merely a barn and utilizing it for storage. Council requested that the. matter be placed on a future Council agenda for consideration; '. AGENDA BILL #5654 - Supplement #1 - MASTER PLAN "'3' AMENDMENT FOR LAKE CALAVERA HILLS. Mayor Packard announced that the public hearing on the matter is still open. He then referenced the Memorandum from the Planning Director to the Counci- *dated November 16, 1978, re the Policy Issues, and requested that Council proceed with the discussions in'accordance with the Memorandum. With regard to those conditions listed. under Un- reference.d conditi0.n B-31,. and stated the widt-h . . referenced t.herein should be changed to 20 feet in accordance with th.e requirements of the P-C zone. Council concurred wjth the change.' The Planning Director then referenced Gondition B-18 and indicated staff's desire to change the - condition to clarify that there would be no City involvement in the Architectural Advisory and Control Committee. Following brief discussion, Council concurred, with the requested clarification of condition B-18. . _- Challenged Conditions, the Planning Director' B. ?_ D D .. CITY OF CAWLSBAD -2- November 28, 1978 The Planning Director then referenced condition B-28 and indicated staff's desire to add an addi- tional provision to the condition. He continued stating the desiwdaddition would require the village which abuts the rock quarry to have an assessment of potential noise impacts by an accoustical engineer. In addition, he stated Mr. Ward had indicated a willingness to notify the Real Estate Commission as to the closeness of the rock quarry. Mr. Hayworth, representing the applicant, stated there was no objection to the proposed change, but expressed the desire that it be tied into the City's Noise Element of the General Plan. Mr. Fred Morey, La Costa Land Company, expressed the feeling that these conditions should be con- sidered in relation to a subdivision rather than a Master Plan. In addition, he suggested that the Code should contain provisions requiring structure near certain types of streets to provide accousti- cal construction features. As a point of c1arification;the Planning Director stated the intent was to tie it to the City's Noise Element of the General Plan. Following brief discussion, Council concurred that VilTages P-1, P-2 and Q be added to Condition B-28. Councilman Skotnicki referenced finding. number 2 contained in Planning Commission Resolution No. 1481 and questioned whether in fact the necessary Capital Improvement Project could be implemented concurrent with the need. In response, the City Manager stated a condition is currently being prepared by staff which would require a responsible financing plan prior to . development, which would go toward. public faciliti Councilman Skotnicki stated he would withhold fur- ther objections until such finding, is substantiate Councilman Skotnicki then referenced finding numbe 9 as contained in the Planning Commission Resolu- tion, and questioned same in that there are no mi tigating measures to the agricultural impact. Following brief discussion, Council approved the conditions listed in the Memorandum to, Council from the Planning Director dated November 16, 1978 under the section Unchallenged Conditions, with the changes previously agreed upon. Council then began discussion of the Modified Conditions contained in the Memorandum. COUNCILME 343 I ). ,I"- CITY OF CARLSBAD -3 November 28, 1978 I Condition B-12 ~~ .~~ .~~ I CBC4NCBLME - 344 I Mr. Roy Ward, applicant, addressed Council. He spoke in opposition to the one-acre dedication in that it was in excess of the required dedications. Mr. Art Steiger, 4510 Trieste Drive, Carlsbad, addressed Council. He requested clarification -., public facilities for each new development. Council then discussed their previously expressed de.sire of developing a construction fee which would assure that new developments would pay their fair share of the public facilities. 3 to whether taxpayers would be required to pay for Ill ac I Ill CII The City Manager stated there was some question as to the legality of a construction fee as a result of Proposition 13, and indicated a report would need to be prepared by the City Attorney as to a possible condition that could be added in this regard. Council approved the wording of Condition B-12 as contained in Planning Commission Resolution No. 1481. Motion Ayes X xx X I RECESS: Mayor Packard called a recess at 8:59 P.M. and Council reconvened at 9:12 P.M. with all Counci members present. l I Condition B-8 I Ill The Planning Director gav.e a brief report on the condition. Mr. Hayworth addressed Council. He stated the applicant's only objections was to the ten year . period. Following discussion, Council concurred with the Motion X condition as suggested by staff as contained in Ayes xxx the Memorandum. I Condition B-14 I 1 I Ill The Planning Director gave a brief report and explanation of public open space. Mr. Ward, applicant, addressed Council. Mr. Ward expressed the feeling that the key issue is whether the open space should be public or private. He expressed opposition to dedicating open space tn the City and retaining the responsibility of ma...". B irltPl Ill nance in that it would expose the future home0wne.r~ to liability.. Mr. Ward continued explaining his other objections Ill to the conditions re the public open space in +ha+ he preferred establishment of a maintenancl- _..__. ._ versus a homeowners association. 1 Ill e distrir.4 .I. WllUW Ill .2"- .. ,t CITY OF CARLSBAD -4- ~. D B Mr. Hayworth,, representing the applicant, addressed Council. He stated there was some questions as to the legality of an improvement district due to Proposition 13. He continued by. expressing the feeling that future legislation would provide a legal mechanism for benefit districts. Therefore, the applicant favors a condition allowing a benefit district and if it is determined to be illegal, said condition could provide for reverting back to a ma'ster Homeowner's Association. The Planning Director then clarified staff's suggested conditions indicating the public open space (trail system) would be maintained by the City. Councilman Skotnicki questioned the cost of main- taining all the open space. In response, Mr. Ward distributed to Council three charts reflecting open space maintenance costs, cost/revenue projections, and Park-in-1 ieu fees for reimbursement of improvement costs, and explained each. Due to the lateness of the hour. Council aareed to continue the public hearing to Wednesday, iovember 29, 1978. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 1O:lO P.M. for the purpose of discussing litigation. Council rec.onvened at 11 :35 P.M. and the Mayor announced that litigation had been discussed. ADJOURNMENT: By proper motion, the meeting was adjourned at 11:36 P.M. to Wednesday, November 29, 1978, at 7:OO P.M., in the Council Chambers. Respectfully submitted, & ALETHA L. x!.#* RAUTENKRANZ, Ci Clerk ~ I I CBUNCtRhAE November 28, 1978 I I 1 I 1 I I I I ..,.