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HomeMy WebLinkAbout1979-11-20; City Council; Minutes,'; q -3 > CITY OF WNC 313 P Minutes of: .CITY COUNCIL (Regular Meeting) Date of Meeting: November 20, 1979 Time of Meeting: 6:OO P.M. Place of Meeting: Council Chambers .. :, . .. I: :' - .. .. .. '. I a a CALL TO ORDER was made by Mayor Packard at 6:06 P.M. I I ROLL CALL was taken by the City Clerk: I INVOCATION was given by Don Brown, Executive Vice President of the Chamber of Commerce. PLEDGE OF ALLEGIANCE was led by Councilman Lewis. APPROVAL OF MINUTES: (Approved by one Motion) Minutes of the Regular Meeting, held November 6, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting, held November 13, 1979, were: approved as presented. I i I Minutes of the Adjourned Regular Meeting, held November 14, 1979, were approved as presented. CONSENT CALENDAR: Councilman Lewis requested that Item No. 5 be removed. Councilman Skotnicki requested that Item No. 11, Item No. 14,. Item No. 16, Item No. 17 and Item No. 18 be removed. The following Items, with. the exceptions of Nos. 5,. 11, 14, 16, 17 and 18 were approved: by one motion affirming the action of the Consent Calendar: 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances and Resolutions before Council at this meeting. (50) 1A. AB $16072 - RATIFICATION OF PAYROLL. Council ratified payment of the payroll in the amount of $208,316.44 for the period October 29 1979 through November 11, 1979. (50) 2. AB $,6060 - PAYMENT OF BILLS. Council' authorized .payment of the bills for the general expenses of the City and for the Water Department in the amount of $396,499.43. I (50) 3. AB $16061 - RATIFICATION OF PAYROLL. Council ratified payment of the payroll in the amount of $193,245.55 for the period October 15 1979 through October 28, 1979. t , , (93) 4. AB $15998 - Supplement #2 - DELETION OF REQUIREMENT TO PAY PUBLIC FACILITIES FEE AS A - CONDITION OF SECOND.PHASE SEWER ALLOCATION. Council adopted Resolution No. 5979, amending Resolution No. 5933., to delete the requirement to pay a public facilities fee as a condition o the issuanc.e of a sewer allocation permit in the second phase sewer allocation. :I I ... '.. 7, CITY OF- CARLSBAD CaJNC -3- (60) 19. AB $16068 - SAN DIEGO COUNTY INSURANCE CONSORTIUM. (28) 20. AB $16069 - ESTABLISHING THE PROJECT AREA ADVISORY COMMITTEE (PREVIOUSLY ESTABLISHED AND KNOWN AS THE PROJECT AREA COMMITTEE.) . Council a.dop.ted Resolution No. 5922, creating and establishing the Project Area Advisory Committee and appointing members there'to (such members being Jeffrey Chandler,.Norris Cochran, Kennith Criss, Thelma Hayes, Robert Nielsen, .I (28) 21. AB /I6070 - ESTABLISHING THE HOUSING ADVISORY COMMITTEE -(PREVIOUSLY ESTABLISHED AND KNOWN AS THE HOUSING COMMISSION). I Council adopted Resolution No. 5993, creating and establishing the Housing.Advisory Committee and appointing members thereto (such members being Jeff Crissman, Thelma Hayes, Eva Carney, C. Kenneth Roush, Jesus Mariz, Roy Sanchez. and Dillard Littlefield).. i ~ I I - IF 6 N tTY OF -CA WN< -4- Fl .- The City Engineer responded the project was scheduled for completion ,June 1, 1980, and explained that receipt of necessary components for the lights precluded an earlier completion date. Council adopted Resolution No. 5982, accepting bids and authorizing the execution of contract 1072 for street improvements, traffic signal and lighting on Palomar Airport Road at Paseo Del Norte (such contract being awarded to Palomar Grading and Paving). (34) 14. AB #I6067 - CARLSBAD CHAMBER OF COMMERCE. FIRST QUARTERLY REPORT FOR FISCAL YEAR 1979-1984 Mot ion Ayes (114) 23. AB $16042 .- ZCA-114 DRIVE-THRU FACILITIES. Council adopted the following Ordinance: ORDINANCE NO. 9541, AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF .SECTION 21.42.010 (5)(N) TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL DRIVE-THRU FACILITIES IN THE CITY. Mot ion Ayes .. Motion Ayes Mot ion Ayes I I ,, CITY OF -6- November 20, 1979 .. . . .. In response to Council questions during discussion re Variance of setbacks, Mr. Plender referenced wall maps and compared the'design of .the subject project with earlier projects for which no Variance had been required. He explained staff had determined that previous interpretation and application of the condo criteria had been in error with respect to units above garages in that air space had not been considered. Council granted an appeal of the Planning Commission denial of Variance 294 based on lot size and a hardship. COUNf 318 .' 1 - Mot ion Aye s Noes Council directed staff to prepare an ordinance amendment to modify setback and water meters for Ayes Motion Noes solar systems in the condominium regulations.. Council directed that CT 79-15.and CP-18 be returned to the Planning Commission for findings and recommendation for approval. Pursuant to earlier discussion, the following items were heard at this time: .. I c.9.9) 16. AB /I6039 - Supplement .{I1 - CT 79-8/CP-ll - CONDOMINIUM PERMIT FOR AN 11-UNIT PROJECT, . APPLICANT: WALTON. (99) 17. AB /,6040 - Supplement /I1 - CT 79-10/CP-14 - FIVE UNIT CONDO DEVELOPMENT - HSIU. (99) 18. AB /I6041 - Supplement #l - CT 79-ll/CP-13 - . FIVE UNIT CONDO DEVELOPMENT - HSIU. Council adopted the following Resolutions by one mot ion : I RESOLUTION NO. 5989, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-8) FOR AN 11-UNIT CONDOMINIUM PROJECT AND APPROVING -CONDOMINIUM PERMIT (CP-11) FOR SAID PROJECT ON APPROXIMATELY A..58 ACRE PARCEL, GENERALLY LOCATED ON THE SOUTH SIDE OF SANTA ISABEL STREET BETWEEN ALGA ROAD AND EL FUERTE STREET. APPLICANT: WALTON. RESOLUTION NO. 5990, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-10) FOR. . A FIVE-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP- 14) FOR e. SAID PROJECT ON AN APPROXIMATELY 19,000 SQUARE FOOT PARCEL, GENERALLY LOCATED ON THE NORTH SIDE OF NAVARRA DRIVE, THREE LOTS WEST OF VIEJO CASTILLA WAY, IN LA COSTA. APPLICANT: HSIU. RESOLUTION NO. 5991;APPROVING WITH CONDITIONS TENTATIVE MAP (CT 79-11) F0R.A 5-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-13.) FOR SAID PROJECT ON AN APPROXIMATELY 16,000 SQUARE FOOT PARCEL, GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE, TWO LOTS EAST OF GIBRALTAR STREET, IN .LA COSTA. APPLICANT: HSSU. .. .I .. .. .. .. Mot ion Ayes -, _-. Mot ion Ayes Noes Ayes Ayes .. CITY OF RLSBAD CBUN .. CITY OF CARLSBAD -8- - 0 0 November .20,, 1,979 :. .. : .. .. .. RECESS : '.; I Mayor Packard announced a recess at 8:15 P.M. and Council reconvened at 8:30 P".M., with.all members.present. I (77) 28. AB $16076 - ZCA-118 -- AMENDMENT TO PLANNING MORATORIUM FOR MASTER PLAN REVISIONS. I Following brief report by the City Attorney, Council introduced the following Ordinance: ORDINANCE NO. 9542 ,. AMENDING TITLE 21, CHAPTER 21.49, SECTION 21.49.020 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (12) TO ALLOW . THE PROCESSING OF REVISIONS TO APPROVED MASTER PLANS. ~\ I (93) 29. . AB {I5998 - Supplement {I1 - SECOND PHASE SEWER ALLOCATION. The Planning Director gave the initial staff report, explaining the .method of analyzing and ranking applications, technical problems encountered in'determining same, and outlining policy issues for 'Council determination. It was the cons'ensus of Council that the public hearing be divided in accordance with each category of applications. Single Family Four Or Less The Assistant Planning Director distributed copies of the Log Sheet reflecting' chronological receipt of each application, their respective application numers, location of property and requested number of edus. ~ In response to-Council query, staff indicated applications S-38, S-39 and S-40 were submitted by one app1i.cant for contiguous parcels. In this regard, it was noted the parcels could possibly be developed as a subdivision. Mayor Packard opened the public hearing at 9:05 P.M. and inquired if anyone desired to speak concerning the subject category. Councll recognized Steve Wright, representing Rancho Carlsbad, 7556-C Fay Avenue, La Jolla, CA. Mr. Wright stated his application had been shown as S-38, but was deleted and accurately reflected as S-41. As a matter of clarification, staff indicated Mr. Wright's application was not in question, and was not referred to as S-38. Mayor Packard inquired if the applicant or representative of applications S-38, S-39 and S-40 were present and de.sired to speak. There was no response. CwNi J I ~ I Motion Ayes i 1 I i I ~ I I I I - ... , ~ ~ I j CITY OF mN4 ~~ November 20, 1979 -10- kt k 322 F .. .. 1 @ e .. Council accepted the ranking of the Office Classific.ation of the Commercial Land Use Category and directed staff to prepare the necessary documents approving allocation. Industrial Expansion Council recognized Ed Vivanco, representing Beckman Instruments, 2500 Harbor Drive, Fullertor CA. Mr. Vivanco requested an adjustment in the number of requested edus reflected in the Log Sheet from 41.6 to 42.6 as a- result of clerical error on the application. Council directed the applicant's request be granted. Council accepted the rapking of the Industrial Expansion Classification of the Industrial Land Use Category .and directed the City Attorney to prepare documents approving allocation. Single Family More Than Four Mr. Plender continued the ,staff report referenc- ing changes in ranking made as a result of staff review. He further explained that applications S-1 and 5-2 were submitted by one applicant, but were for different projects. However, S-52 and S-53 were one project .by one applicant. In response to Council query, Mr. Plender indicated that none of these applications overlapped into another category. Council recognized Carol McHenry, 4539 El Camino Real, Carlsbad, CA, representing Carole - Stewart Realty. Ms. Henry explained the back- ground development plans with regard to application S-34 and requested a more favorable placement. Council recognized Nick Banche, 702 4th Street, Oceanside, CA, representing the applicants of S-53 (Kamar) and S-19 (Highland). Mr. Banche should have received an additional point in that the project was located within 1/2 mile of a park. Mr. Banche further expressed the opinion that additional points should have been given on S-19 for completion of public improvements in that his client was. bonded'for same. I I i expressed the opinion that application S-53 I ~ ~ Motion Ayes Noes I 1 ~ I ~ ~ I , I ~ I ~ I Motion ~ Ayes ~ Motion ' Ayes ., ~ I i I I i . ., -. .- In response, the City Engineer stated with regard to S- 19, that the developer was in defaul as the public improvements were not completed. d Mr. Plender stated, with regard to the distance to parks of S-'53, that subject application was difficult to determine in that on the map, there may be a hairline difference either way. In order to be completely accurate, the distance would need to be physically measured. Council discussion related to allowing applica- tions in phases, combining applications for phases and treating -as one application, or, only allowing one of the applications to apply. ,r CITY OF. CARLSBAD -11- November 20, 1979 CoatN~ 323 F CITY OF CARLSBAD -12- November 20, 1979 caJlro( 324 - . I. -. . 1 CITY OF CARLS5 UNNC "13- November 20, 1979 I .' .. . 0, Council recognized George Nicholas, P. 0. Box 2041, Rancho Santa Fe, CA., who indicated he had a specific building in mind for the area under application 1-22 and additionally expresse the feeling that the number of employees should remain a criterion; Council recognized Bob Campbell, representing Birtcher Pacific, P. 0. Box 15607 Santa Ana, CA, who indicated his application (1-11) re- flected carefully consideration of the number of employees and therefore employee count should remain part of the rating procedure. Council again recognized Leo McRoskey, 420 Loring Avenue, Los Angeles, CA, who compared his project with that of 1-3, 1-4, and 1-5 and expressed the opinion accepting such application for allocation was discriminatory in that the requested edus were 60 while his request was for only 4. Council recognized Bill Budge, representing the Shaw & Talbot project, 1303 Avocado, Suite 200, Newport Beach, CA, who recommended that if 1-3, 1-4, and I-5.were allowed to combine or choose 20, that his project be allowed similar consideration. .. Council recognized Michael Loban, representing Graham International, Inc., 135 W. Mission, Suite 109 Escondido, CA. Mr. Loban explained the reasons.for the three applications (1-3, 1-4 and 1-5) and requested consideration of all three. He further expressed the opinion that the number of employees remain as part of the consideration. Council again recognized Bernie Gilmore, 6361 Yarrow Drive, PABP, Carlsbad, Ca, who expres'sed the opinion that Council should not allow new submittals on projects. I A motion was made and seconded to accept staff recommendation. The motion failed for lack of majority. Councilman Skotnicki suggested that Council's vote show that Council wished to retain the question of number of employees as part of the evaluating criteria. Council con- curred. .I Council directed staff to return to the applicants in the Industrial Category to firm up details relative to applicants' intended ' , construction plans re square footage and number of employees planned for that construction, with the understanding that staff use their best judgment in evaluating the accuracy of the employee count. Council directed that applications. in this category which represent parts.of the same pro- ject be submitted only.as total projects without any kind of phasing 0.r breakdown, in order to put all projects in the same perspective. Ayes I ~ ~ I ~ I ~ Motion ~ Ayes Noes .. .. .. ,. . . . .. . CITY OF CARLS cc3uM November 20, 1979 327 '. .\ -15- .