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HomeMy WebLinkAbout1983-09-27; City Council; Minutes,t i' (28) (20) (41) (84) (84) (5 7) (113) (85) 4 7/ MINUTES Meeting of: CITY COUNCIL (Adjourned Reqular Meeting) Time Date of of Meeting: Meeting: September 27, 1 983 \\k 5 6:OO p.m. COUNCIL 3 %' ? Place of Meeting: Citv Council Chambers MEMBERS % $% CALL 'IC ORDER: The Meeting was called to order by Mayor Casler at 6:02 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Menbers Casler, Lewis, Kulchin and Prescott. Absent: Council Member Chick. CONSENT CALENDAR: Council confirmed the action of the Consent Calendar as Casler X Lewis follows: X xx Prescott WAIVER OF ORDINANCE TEXT READING: X Kulchin Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB #7404 - Supplement #2 - SINGLE FAMILY MORTGAGE REVENUE EIONJ3 ISSUE OF 1983. Council adopted RSOLUTION NO. 7355, confirming the sale of its sinule family residential mrtqage revenue bnds issue of 1983, and approving certain documents and authorizing certain actions in mnnection therewith. 2. AB #7508 - DECLARATIOJV OF R\JTENTIOM TO HOLD PUBLIC HFJlRING - NUISANCE ABATEMENT - DIX. Council adopted RESOLUTION NO. 7356, declaring intention to hold a public hearing on the abatement of nuisance: parking and storing vehicles in violation of the zone de. 3. AI3 #7509 - SETlzEMENT OF A LIABILITY CLAIM. Council adopted RESOLUTION 7357, authorizing a settlement for a liability claim of Cecil and Adell Travis. 4. AB #7510 - PURCHASE OF BRUSH CHIPPER. Council adopted RESOLUTION NO. 7358, accepting a bid and authorizing the execution of a contract for the purchase of a brush chipper. 5. AB #7511 - PURCHASE OF OFFICE FURNITURE. Council adopted RESOLUTION NO. 7359, accepting bids and authorizing the execution of mntracts for the purchase of office furniture. PUBLIC m.ms : 6. AB #7503 - GENEW PLAN - Council agreed to have the staff report and hearing- on item E first, since public testimony and reports were uiven on the other GPA's at the previous meting. a 30 MINUTES \\\ 5 September 27, 1 983 Page 2 COUNCIL % %%? MEMBERS Z. 8 Z. E. EIR &3-2/GPA/LU 83-15/ZC-276 - HUNT PROPERTIES Mayor Casler announced the applicant had requested the deletion of parcels designated AC and AF' from this application, and those two items will not be mnsidered at this time. Mike Holzmiller, Land Use Planning Manager, gave a summary of the item, stating there are several applications and considerations, but the intent of this hearing is to have everything under one jurisdiction to enable the applicant to apply to LAFCO for annexation and to enable the applicant to start developing a master p1aI.l. Mr. Holzmiller stated there are three items to be processed through the City at this time; first, a General Plan Amendment for two parcels that are outside of the planning area boundaries. In order for LAFCO to consider this, the General Plan has to be amended to show these two parcels. Semnd, a number of the properties are outside of the City boundaries, and in order to have LAFCO consider them, they mst be pre- zoned. The third item is the EIR, which attempts to address the direct impacts associated with the annexation and tries to point out potential inpacts which would have to be looked at when a mster plan is submitted. He added that the only impacts that can be considered tonight, are the direct impacts associated with the project as presented tonight. Bill Hofman, Principal Planner, gave the staff report on the EIR as contained in the Agenda Bill, using a transparency showing the entire property. He stated eight parcels are awned by Hunt Properties and one parcel is owned by the State Fish and Game Department. He concluded by stating eight parcels nust be pre-zoned before they can be annexed, since only one parcel is within the City at the present time. Charles Grim, Principal Planner, gave the staff report i on the General Plan Amendment and the Pre-annexational zone change as mntained in the Agenda bill, using transparencies showing the applicant's proposed flood plain overlay area and the State Fish and Game land. He stated that since parcels AC and AF have been withdrawn from the application, parcel AE is the only one affected, and staff felt PC zoning was logical for this parcel. The only parcel where zoning was a mncern was parcel AD, and Mr. Grim stated staff reconmended that the lagoon portion of Parcel AD be zoned Open Space (OS) instead of PC as requested by applicant. He stated there are three reasons for this OS zoninq. The OS zone provides I the mst protection for the lagoon; all the other lagoons in Carlsbad are zoned OS; and the intent of the OS zoning is to fit this type of situation. Mr. Grim used a transparency showing the west portion of the lagoon and the land owned by the State Fish and Game Department, and stated it is Open Space and should be annexed at the same time. He concluded, stating staff reconanended the City Council approve the zoning as shown on staff Exhibits C and D, with the removal of parcels AC and AF. a6 9 MINUTES COUNCIL \\k 5 % %$ ? September 27, 1983 Page 3 MEMBERS % $% Mayor Casler opened the public hearing at 6:25 p.m. and issued the invitation to speak. Mr. Bob Inlow, President of Hunt Properties, addressed the Council, formally requesting the deletion of parcels AC and AF in this annexation petition. Mr. Inlow requested the PC designation for the entire Parcel AD, as this zone would be particularly appropriate due to the fact that the master plan is not ready at this tire. He stated another reason for asking for the PC zoning, is that the boundaries of the lagoon are unknown at this time, and the applicant felt the PC designation would retain control of the development at the lagoon. He felt this zoning would enable the City, the developer, staff and the citizens who are interested, to pursue this zoning with full knowledge of what the applicant had in mind, with full disclosure and full understanding. Mr. Mike Kennedy, 1970 North El Camino Real, Project Manager for Hunt Properties, addressed the Council, statim the main purpose of this application is to get the properties within the City of Carlsbad, Then, the applicant can mme forward with a master plan, with the property under one jurisdiction. Mr. Kennedy stated that when there is a master plan, the inpacts can be mre accurately evaluated, as far as direct in-pacts and potential inpacts with future developnt. Mr. Kennedy stated the problem area is parcel AD. He added that both zone designations would be appropriate on the lagoon, but the applicant feels the PC zone is the mre appropriate. The PC zone is the vehicle through which a master plan can be prepared, reviewed and adopted, and would be preferred by the applicant. As far as protecting the lagoon, Mr. Kennedy stated the PC zone is equally as effective as OS, as PC zoning sets out that the first intent and purpose of that zone is to preserve open space. Mr. Kennedy referred to staff’s statement that all the other lagoons are zoned OS, stating that this lagoon is the only one that is part of an overall mster plan program that is proceeding at the present time. The last point Mr. Kennedy referred to was that the Open Space designation was the best zone to inplement planning. He stated the PC zone is the appropriate zone to hplement open Space, whether it is dedicated or required in a master plan or in a land use plan. I Mr. Fay Round, 2627 Cazadero Drive, President of Baticpitos Lagoon Foundation, addressed the Council, referring to the aments submitted by the Foundation and suggesting those comnents be included with the package presented to WO. Mr. Round stated that regarding the question of OS versus PC, taking into mnsideration the full enhancemnt of the lagoon, that the Foundation would be more mmfortable with the OS zone designation. He felt that any lagoon management plan should be considered in open form rather than as a part of a mster plan, as there are other individuals and organizations involved, and the entire lagoon should be included, - a&? MINUTES Septercanber 27, 1983 Page 4 Mr. Joe Reed, 1008 Daisy Avenue, Spinnaker Hill, addrssed the Council, expressing mncern for the future when the property between Spinnaker Hill and Eatiquitos Lagoon is developed, that there might be an increase of traffic through his neighborhood. He added there is ta much traffic on Daisy at the present time and any increase in that traffic wld be a negative impact 1431 the amnity. He further stated that it is hoped the City would require the developer not to use Daisy as an access to the property while it is being developed, and keep any heavy trucks and equipment off of Daisy. 3 n Mr. Earl Lauppe, State Fish and Game Department, addressed the Council, stating the Department would prefer the entire lagoon area be under the Open Space zoning. He stated this is mre in line with the current LCP on the land and the lagoon should be ansidered as a whole, with the OS zoning being mre protective for the resources of the lagoon The question was asked if the lagoon were zoned OS, would this preclude pumping water into the lagoon to keep water in there throughout the year, and staff indicated it would not preclude consideration of that. The tern "enhancement" was discussed, with staff indicating if this meant to enhance the resources of the lagoon, the OS zone would not preclude that. Council Member Presmtt stated he did not want to lose the ability to maintain water in the lagoon at all times, and Mike Holzmiller stated that would not be precluded under the OS zone. Staff indicated that the City muld retain this as open space with both zonings, but with OS, there would be no question about it. It would be cpen space and auld only be changed by a request for re-zoning. Again, staff indicated this was the mre conservative approach. There was a discussion on the boundaries of the lagoon, and staff indicated Research/Analysis is in the process of working on a map showing the boundaries of the lagoon. Mr. Emil Osberg, 7219 Mimosa Drive, addressed the Council, speaking in favor of the OS zoning for the lagoon. He stated if zoned PC, it auld be filled in and becone a subdivision of houses and restaurants and the wildlife would be lost. He felt there would be no protection for the lagoon, and "enhancing" the lagoon could very well mean making it a shopping center. Mr. Osberg stated siltation control mst be exercised, or there will be no lagoon. With the PC zone, the applicant auld build there, and if it is OS, it mast be left as open space. Mr. Ebb Inlow responded to Mr. Osberg 's cormtent about losing the lagoon, stating the lauoon is dying and if some action is not taken, the lagoon will die. He added that the applicant feels his solution is the better of the two, and the City would retain control under the PC zone as the applicant would have to cone before the City for any development. D COUNCIL \\b 5 % 9$v MEMBERS Z. (s, Z. - 4 & 7 MINUTES COUNCIL \j\ %9 0 CJ, A ? September 27, 1983 Page 5 MEMBERS % $% Since 110 one else wished to speak on this matter, the public hearing was closed at 6:59 p.m. Council Member Lewis asked whether under PC zoning the lagoon could be credited as the apen space for the entire sector and Mike Holzmiller answered it could be proposed as such, but the City would have to approve it, Council Merrber Prescott stated he preferred to see water in the lagoon and felt certain everyone wants to preserve the lagoon, He added he would like to protect the mneuverability, and if the OS zoning would limit full enhancement of the lagoon, he would like to know that new. Mike Holzmiller stated that under the OS there is nothing that says you can't develop, and the types of uses are specified. Basically, those uses are all public uses, such as parks, pblic playgrounds, etc., with something like passive boating not being allowed. However, a anditional use permit muld allow private uses. Mayor Casler stated she felt the Council was concerned about something that would not be resolved until the master plan is presented. Under either zoning, the Council would have the ability to designate what the body of water will be. She said she understood there would be mre options under the PC zone, and felt nothing could be done without the Council's approval. There has been a need to enhance the lagoon, but the opportunity has not been there. She said she would have no objection to the PC zoning on the whole property, Council Member Prescott stated he would like to see all possibilities in connection with the lagoon. The City Attorney stated the difference between the OS zone and the PC zone is that in the PC zone, 1 5 percent of the area mst be in wn space unless the City Council decided it could be less. The difference might be in the aunt of discretion the Council would have to decide in the future. If this parcel were zoned PC, the open space minimum could be satisfied by declaring the lagoon as the open space area. It would be mre difficult to get open space to the north of the laqoon, if the parcel were zoned all PC. If the lagoon is not zoned PC, the developer would have to find 15 percent open space elsewhere in the PC zone, unless Council determined to give credit for apen space in another area. ' Council Member Lewis stated the OS zone would make the future of the lagoon mre secure now and in the future due to the fact that Councils &age. Mayor Casler stated she had concerns at first, but does not now believe that the control would be lost to the Council and would like to see all options presented under the PC zone. A mtion was made that the OS Zone be placed on the Casler lagoon portion of Parcel AD. Lewis xx Kulchin X Prescott The mtion failed due to the lack of a. mjority. I - 266 MINUTES COUNCIL \\b 5 %9 0 ArF )r 3 September 27, 1983 Page 6 MEMBERS % 0% I A motion was made for the entire area designated as Lewis ParcelAD to carry the designation of PC. X Casler Kulchin Prescott xx The Motion failed due to the lack of a majority. Council certified EIR 83-2. Casler X Lewis X xx Presmtt X Kulchin Council continued the Pre-Annexational Zone Change Casler X request (ZC-267) to the meting of October 11, Lewis X Kulchin Presmtt xx Council directed the City Attorney's office to Casler X prepare documents approving GPA/LU 83-15. Lewis X Kulchin xx Presmtt X A. GPA/LU 83-1 - PAIBMKR AND COMPANY Mayor Casler opened the continued public hearing at 7:30 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council directed the City Attorney's office to prepare Casler X documents approving GPA/LU 83-1, Lewis X Kulchin X Presmtt xx B. GPA/LU 83-5/ZC-282/SDP 83-7 - GARAPICH- Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill, using a transparency showing the location of the property. He stated staff did not feel this property was close enough to the Redevelopment Area to qualify for the high density request. He remanded referring this item back to the Planning Commission for consideration of the affordable housing provision should Council desire to approve the GPA. In answer to a question, Mr. Holzmiller stated a draft agreement had been received from the applicant relating to affordable housing, but staff did not feel the proposal was adequate. Mayor Casler cq?ened the cmntinued public hearing at 7:37 p.m. and issued the invitation to speak, Mr. Jack Henthorn, 2956 Roosevelt, addressed the Council representing the applicant, He read the contents of his letter dated September 23, 1983, which was distributed to Council just prior to their consideration of the item. Mr. Fred Norman, 3334 Harding, addressed the Council, stating he lives on the property and does not believe the Council can say this reguest is for a higher density than the surrounding property. B I MINUTES 26s COUNCIL \\\ * %9%3 "0 $,% Septemkr 27, 1983 Page 7 MEMBERS * 8 * Since rn one else wished to speak on this matter, the public hearing was closed at 7:46 p.m. Council Member Lewis asked about surrounding projects with higher densities and staff agreed there were some but they were approved and built before the revision of the R-3 zone requirements, which wuld not be mnsistent with the General Plan at the present time. Mayor Casler stated Council should determine haw close to the comnercial are a project should be to qualify for the higher densities and thought this would be a good area for this project, Council Menber Lewis felt the traffic and parking would be a problem if this project were allowed. Council Member Presmtt stated the City is trying to inprove business in the downtown area, and to do that they must brinq people into the area. He added the project might attract people who do not have cars, due to the close proximity of shopping. A discussion was held relating to the procedures to be followed for returning the GPA to the Planning Conmission versus receiving approval by Council. Council directed the City Attorney to prepare documents Casler X approving the General Plan Amendment GPA/LU 83-5, and Lewis referred the Zone Change and Site Plan back to the Kulchin X Planning Cornnission for further consideration of the Prescott xx affordable housing issue. Mr. Jack Henthorn requested a time limit on the return of this item to the Planning Comnission and staff stated this would be on the agenda for Planning Conmission October 12, 1983, and would return to Council on November 7. C. GPA/LU 83-7/ZC-279 - KELLY Mayor Casler opened the continued public hearing at 8:lO p.m. and issued the invitation to speak.. Mike Lompart, 2025 Chestnut, addressed the Council, objecting to Council procedures. Since m me else wished to speak m this item, the public hearing was closed at 8: 13 p.m. Council directed the City Attorney's Office to prepare Casler X documents approving GPA/LU 83-7/ZC-279. Lewis X Kulchin xx Prescott x D. GPA/LU 83-8 - CITY OF CARLSBAD Mayor Casler apen the mntinued public hearing at 8:14 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. &/“I MINUTES September 27, 1983 Page 8 council directed the City Attorney’s Office to Prepare documents approving GPA/W-83-8. CLOSED SESSION: Council adjourned at 8: 17 p.m. to a Closed Session. Mayor Casler announced that personnel would be discussed, Council reconvened at 9: 05 p.m. , with four Council Members present and Council Member Chick absent. Mayor Casler announced that personnel matters had been discussed, and no action taken, ADJOURNMENT: By proper mtion, the meeting was adjourned at 9:06 p.m. Respectfully submitted, ALETHA &QA?LRR( L. RAUTENKRANZ, City Clerk Harriett Babbitt, Minutes Clerk - COUNCIL \\y 5 3 3% ? MEMBERS % %% Casler Kulchin X Lewis X X Prescott xx