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HomeMy WebLinkAbout1986-12-22; City Council; Minutes.* a 0 P *. 1 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: December 22, 1986 Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Deputy City Clerk, as follows: Present - Council Members Lewis, Kulchin, Pettine and Mamaux. Absent - None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held December 9, 1986, were approved as presented. I PRESENTATION: Mayor Lewis presented a Proclamation on the National Safety Council Program for drunk driver awareness. The Proclamation was accepted by Gary Wayne, for Police Chief 3imno. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: (50) (99) (81) (107) (107) (99) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB /I8834 - REFUND OF FEES. Council approved the refund of fees in the amount of $8,670 to Meadow Center Partnership. 2. AB /I8835 - WRIGHT PLACE SUMMARY VACATION. Council adopted RESOLUTION NO. 8913, summarily vacating Wright Place; and Council adopted RESOLUTION NO. 8914, quitclaiming easements for sewer and drainage purposes over a portion of CT 81-46; and Council adopted RESOLUTION NO. 8915, accepting an easement for drainage purposes over a portion CT 81-46. 3. AB /I8836 - SUMMARY VACATION OF A PORTION AFTON WAY. Council adopted RESOLUTION NO. 8916, summarily vacating a portion of Afton Way in Carlsbad Tract - 83-20. I YQ2, - Lewis Kulchin Pettine M amau x X Lewis Kulchin Pett ine X M amaux -. I, 0 0 MINUTES (112) (45) (99) (81) (57) (113) (77) December 22, 1986 Page 2 CONSENT CALENDAR: (continued) 4. AB 118564 - Supplement 113 - EXTENSION OF WEED ABATEMENT CONTRACT. Council adopted RESOLUTION NO. 8917, authorizing the extension of an agreement for weed and rubbish abatement with Ingold's Tractor Service. 5. AB !I7914 - Supplement A2 - FINAL MAP - CARLSBAD TRACT 84-10 - SPYGLASS POINTE. Council adopted RESOLUTION NO. 8918, approving quitclaim for drainage easement purposes for CT 84-10; and Council adopted RESOLUTION NO. 8919, accepting a grant deed over a portion of CT 84-10. PUBLIC HEARINGS: 6. AB 88837 - VARIOUS GENERAL PLAN AMENDMENTS, ZONE CHANGES AND LOCAL COASTAL PROGRAM AMENDMENTS - GPA/LU 86-81 ZC-3471LCPA 86-1, CITY OF CARLSBAD. Gary Wayne gave the staff report, explaining the intent of this item was first; to bring the General Plan into conformance with the LCP, which is necessary before permit authority is granted; second, recognizing the inconsistencies that exist; and third complete some of the tasks recommended by the Citizens Committee to Review the General Plan. He stated there will be more amendments in the future, as staff is still reviewing the larger master plans. Mr. Wayne detailed the list of proposed General Plan Amendments and zone changes outside of the Coastal Zone, General Plan Amendments to conform to the LCP, proposed "clean-up" LCP Amendments and proposed zone changes to implement the LCP contained in the Agenda Bill. A separate booklet was prepared by the Planning Department containing these lists and exhibits in different colors showing all of the proposed changes. Transparencies were also used to illustrate each of these exhibits. Mr. Wayne gave a description of the property and the proposed change for each exhibit, contained in Chart A. Mr. Wayne continued with Chart 8, explaining that the next portion would be taken in alphabetical order rather than the way listed in the Agenda Bill. Mr. Wayne gave a description of the property and proposed change for each exhibit contained in Chart "8". Mr. Wayne stated Exhibits N, N1 and 0 referred to the same general area of Harrison, Adams and Chinquapin. He reported a number of residents had spoken at the Planning Commission hearing concerning the change of the area from single-family to multi-family, expressing concern for density and traffic. The Planning Commission had agreed with the residents and directed staff to return with a revised recommendation to change the General Plan as well as the LCP to be consistent with R-1-7,500, but that staff's recommendation was to provide for a transition area between RMH and RM. Y "cll .$ e e MINUTES December 22, 1986 Page 3 PUBLIC HEARING: (continued) Mayor Lewis asked whether the entire quadrant would be at a density of zero to four. Mr. Wayne said the Planning Commission recommended north of Chinquapin be 20 units and west of Harrison 20 units. The zoning for the entire area would be 1 to 7,500. The Planning Commission wanted the entire area of Chinquapin, Locust and Adams to be single-family, have a General Plan designation of RLM, and Local Coastal designation of RLM. Staff's recommendation was to provide consistency with the LCP, including a General Plan Amendment to RM, and a zone change to RDM to implement the changes. The Planning Commission took a different position because they felt the area was already impacted by heavy use and traffic, and increasing the density would add to that problem. Mr. Wayne stated that Exhibit "P", Snug Harbor requires a General Plan Amendment and stated that the Coastal Commission did not want to see it eliminated, and wanted both north and south shores considered. Mayor Lewis opened the public hearing at 7:11 p.m., and issued the invitation to speak. Nick Banche, 810 Mission Avenue, Oceanside, addressed Council representing four property owners in the Chinquapin, Harrison and Locust area. He stated the property owners are the Stephan's family, the Oldhams, the Alexanders and the Schivers. He stated these properties are surrounded by existing multi-family projects and proposed commercial. Mr. Banche requested staff's recommendation be accepted rather than the Planning Commission's recommendation. Staff's recommendation was to bring the entire property into conformity with the LCP. He stated it was a misnomer to describe staff's recommendation as increasing the density. The densities had already been calculated by the City and approved by the Coastal Commission. The staff-recommended combination was for a designation of 9 to 15 units and 4 to 8 units. The property owners were notified of that recommendation, and, therefore, they did not appear at the Planning Commission hearing on the matter. Mr. Banche used wall charts to show the existing buildings and the high density in the areas west of Harrison and on Chinquapin. He stated staff wanted a transition away from the medium high density existing and into the single-family homes on Adams. He expressed the opinion that it is certainly not compatible to go from 55 units per acre to 0 to 4 units per acre, and there is a need for a transition over to Adams. Mr. Banche stated that you never buffer a multi-family area with a 0 to 4 zone, and recommended staff's recommendation be accepted for this area. +lo *, 0 0 MINUTES -t.cember 22, 1986 Page 4 PUBLIC HEARING: (continued) Sue Ann McCarthy, 4049 Adams Street, addressed Council requesting that Council maintain the integrity of the neighborhood. She stated the roads in the area are over-crowded at the present time and there are young families living there who intend to be residents for a long time. She stated she did not feel a block should be split in the middle in order to have a transition area. Mike Poynor, Attorney, 225 Broadway, San Diego, representing Ticor Title, Item 3, stated his objection to staff's recommendation. Originally, staff recommended 0 to 4 on the Ticor Property. The Planning Commission heard the matter and said it was too close to the Buena Vista Lagoon and did not like the 0 to 4 designation. The Planning Commission wanted this area zoned RL, 0 to 1.5. There are two lots involved in this parcel, and if the original staff's recommendation of 0 to 4 were followed, there would be a possible 8 to 10 units built on the property. There is a Q-overlay allowing staff to look at any proposal once zoning is settled. Mr. Poynor felt a higher density should be allowed, and that the Planning Commission recommendation was not reasonable land use and the use should be consistent with the neighborhood. tie stated that if five to ten condominiums were built there, they would not block anyone's view, and if they were two-story and clustered for a view with walking trails and landscaping, this could be a beautiful site. He also stated that two houses would not support that parcel. Mr. Poynor asked Council to return to staff's recommendation of 0 to 4 for this area. Since no one else wished to speak on these items, the public hearing was closed at 7:33 p.m. Council Member Pettine inquired whether staff agreed with the five units on the Ticor parcel. Staff stated that testimony at the Planning Commission hearing brought out this was a sensitive site and RL was the proper zoning. Mayor Lewis stated Mr. Banche had requested a return to staff's original recommendation of 8 to 15 and a reduction down to 4 to 8 in the other part of that area in the vicinity of Chinquapin, Adams and Harrison Streets. Council Member Pettine stated he understood staff's position and felt it was well-taken. Therefore, he stated he would go along with staff's recommendation on Items N and NI. Council Member Mamaux concurred, stating that the densities on the west side of Harrison are so high that they destroy the area for single family homes. 43 9 e 0 MINUTES December 22, 1986 Page 5 PUBLIC HEARING: (continued) Council Member Kulchin stated she disagreed, as she was concerned with the integrity of the homes in the area and preferred the Planning Commission recommendation. Mayor Lewis concurred, stating he felt Council erred earlier with the high density. He stated there is a traffic problem in that area, inasmuch as there is no escape, with the area locked in, and he could not support a high density in that area. Mayor Lewis stated inasmuch as the vote on this would be a split vote, two to two, this item should be held over until the fifth Member comes onto the Council. Council Member Pettine suggested going with the middle ground of 4 to 8 units in the area in question. However, Mayor Lewis and Council Member Kulchin still felt there would be problems with the traffic circulation with that density. Staff indicated this item to implement the LCP would not count against the mandatory four CPA Amendment meetings per year, and could come back before Council after the March Election. Council deleted Items N, N1 and 0 until they could be considered by a full Council. Staff was requested to supply Council with traffic counts with respect to all recommendations made, including the Planning Commission recommendation, staff's recommendation and the middle ground zoning of 4 to 8 units in the area surrounded by Harrison Street, Adam Street and Chinquapin Avenue and the two lots on the west side of Harrison Street adjacent to 1-5. Assistant City Attorney Ron Ball requested the typographical error on the title of Ordinance No. 9825 be corrected, changing the word "conformancy" to "conformance" . Council introduced the following Ordinance: ORDINANCE NO. 9825, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY AMENDING THE ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS. The typographical error in the title is to be changed to make the word "conformance" and on line 9, Exhibit 0 is to be deleted. RECESS: Mayor Lewis declared a recess at 7:51 p.m., and Council reconvened at 8:03 p.m., with all Members present. I 438 - Lewis Mamaux Pettine Kulchin X Lewis Kulchin Pettine X M amau x 0 0 MINUTES \y 5 December 22, 1986 Page 6 COUNCIL %9 "0 4 MEM6ERS Z. ? PUBLIC HEARING: (continued) 6. AB 88837 - VARIOUS GENERAL PLAN AMENDMENTS, ZONE CHANGES AND LOCAL COASTAL PROGRAM AMENDMENTS - GPAILU 86-81 ZC-3471LCPA 86-1. Council approved the relevant Negative Declarations X Lewis issued by the Planning Director. Kulchin Pettine Mamaux Council approved LCPA 86-1 according to Planning Pettine forward Council's action to the California Coastal Kulchin Commission Resolution No. 2586, and directed staff to X Lewis Mamaux Commission for its consideration. Council directed the City Attorney to prepare Lewis X documents approving GPAILU 86-8, with the deletion of Kulchin Exhibits "N" and l'N.l'l. Pettine M amau x (114) 7. AB 88817 - REVISIONS TO PLANNED DEVELOPMENT ORDINANCE - ZCA-195 - CITY OF CARLSBAD. Mike Holzmiller gave the staff report as contained in the Agenda Bill. He requested additional wording be added on Page 23 of the Agenda Bill as follows: Revise Section 21.45.090(b)(5) to read as follows (new wording underlined): (5) The distance between single story structure shall not be less than ten feet. When more than ten structures in a row front or back on a street, the distance between two and three twenty feet and the distance between two story structures shall not be less than I story and one story structures shall not be less than fifteen feet. - Mayor Lewis opened the public hearing at 8:lO p.m., and issued the invitation to speak. Doug Boyd, representing Kaufman & Broad, 1920 E. 17th Street, Santa Ana, addressed Council stating his concern with the new ordinance regulations before Council. He suggested this apply to only structures fronting on an exterior or arterial street. Staff clarified the new standards, stating it applied to any street in the project. Mr. Boyd stated this made a big difference in the separation of structures. He felt the side yard setback was not the proper approach, but the rear yard from an exterior street with varying heights and creative landscaping. 4-? 9 0 a MINUTES (105) December 22, 1986 Page 7 PUBLIC HEARING: (continued) Mr. Royd stated the Kelly Ranch Project has an approved Master Plan, and this proposed Ordinance would make a big difference in how that development is designed. He stated there are aLready specific issues of constraint, such as the location of the Lagoon, wetlands, Cannon Road and topography. Also, that Master Plan specifically states the setback from Cannon Road is to be 30 feet. This Ordinance change would be contrary to that requirement. He suggested certain language be added asking for greater separation in the side yards, possibly including some sort of language about special consideration being given to reduced distances between two and three-story buildings, and suggested there may be special circumstances that would allow the setback to be reduced to 10 feet. He stated that the proposed change did not really address the issue. In answer to Council query, Mike Holzmiller stated there had been a wave of projects in the last couple of years with small lots and a line of buildings including two and three-story buildings side by side, which resemble a series of garages. Since no one else wished to speak on this item, the public hearing was closed at 8: 19 p.m. Council introduced the following Ordinance: ORDINANCE NO. 8920, AMENDING TITLE 21, CHAPTER 21.45 OF THE CARmAmNICIPAL CODE TO AMEND VARIOUS PROVISIONS OF THE PLANNED DEVELOPMENT REGULATIONS. The Ordinance is to include the followi.ng change on page 3, Section 21.45.090(b)(5) as follows: (new wording underlined) (5) The distance between single story structures shall not be less than ten feet. When more than ten structures in a row front or back on a street, the distance between two and three story structures shall not be less than twenty feet and the distance between two story and one story structures shall not be less than fifteen feet. - 8. AB #8838 - PROJECT SELECTION FOR THIRTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Chris Sal-omone, Community Redevelopment Manager, gave the staff report as contained in the Agenda Bill, referring to the starred items as the recommended projects approved by the Housing and Redevelopment Advisory Committee. Mr. Salomone used wall charts to explain the program, with the process starting at the local level with public meetings and community meetings, staff evaluation and ads in the newspaper. The recommendations made tonight will be forwarded to the Board of Supervisors and the money will not be available until the fall of next year. 9.? L Lewis Kulchin Pettine X I Mamaux - e a MINUTES December 22, 1986 Page 8 (28) PUBLIC HEARING: (continued) Mr. Salomone continued, stating this year all projects were listed, including those eligible and those ineligible. He then explained the choices made by the Housing and Redevelopment Advisory Committee. There was concern about the public restrooms item, and the consensus of Council was to install a public restroom on a trial basis, with staff to decide on the location of the restroom. Council adopted the following Resolution: RESOLUTION NO. 8920, REQUESTING SPECIFIC PR03ECTS FOR FUNDING UNDER THE 13TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 9. AB #8839 - HISTORIC SITE DESIGNATION. Patty Cratty, Management Analyst, gave the staff report as contained in the Agenda Bill, using a transparency to show the sites designated by the Historic Preservation Commission. Mayor Lewis opened the public hearing at 8:41 p.m., and issued the invitation to speak. Brian Robertson, Chairperson, Historic Preservation Commission, addressed Council stating the Commission was interested in the historic preservation of the heritage of Carlsbad. He stated the block grant money would certainly help to provide a historic resources survey. Patra Straub, 240 Chinquapin, Historic Preservation Commissioner, spoke in favor of designating the Historic Sites and one Historic Point of Interest to help preserve the heritage of Carlsbad. She stated she liked the City the way it was but also wanted new things. However, the job is to make sure the City has both. She felt this was not an impossible task and the historic portion of the City should be preserved. Since no one else wished to speak on this item, the public hearing was closed at 8:45 p.m. Council adopted the following Resolutions: (one mot ion ) RESOLUTION NO. 8921, DESIGNATING THE CARLSBAD SANTA FE DEPOT AS A HISTORIC SITE. RESOLUTION NO. 8922, DESIGNATING THE CARRILLO RANCH AS A HISTORIC SITE. RESOLUTION NO. 8923, DESIGNATING THE MAGEE HOUSE AS A FllSrURIC SI I t. RESOLUTION NO. 8924, DESIGNATING THE CULVER-MYERS-CAPP HOUSE AS A HIS-TORIC SITE. RESOLUTION NO. 8925, DESIGNATING THE CALAVERA SCHOOL -0INT OF INTEREST. I It0 r \y 5 COUNCIL %9 "0 4 MEMBERS Z. ? Lewis Kulchin Pettine M amau x X Lewis Kulchin Pettine Mamaux X .. 0 0 MINUTES (57) (113) (77) \p 5 December 22, 1986 Page 9 COUNCIL % 3 MEMBERS Z. ' , DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB 88809 - Supplement #I - LOCAL COASTAL PLAN AND GENERAL PLAN AMENDMENT - LCP 86-2/GPA 85-9 - SEAPOINTE CARLSBAD. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the area in question. He stated that residents in the P2 area preferred office-type use or a mobile home park. Mr. Grimm thanked Chuck French for his help and stated Council might want to consider the vote of the residents of Solamar Mobile Home Park. Mayor Lewis, Council Members Kulchin and Pettine agreed there should be no action taken tonight on this parcel, and the developer should meet with the residents. Council Member Mamaux stated he had no problem with the hotel proposed for that parcel. Joe Gallagher, 1165 Hoover, addressed Council stating he was here to speak if the other parcel became an issue, and that they would like their parcel separated from it. Nick Banche, 810 Mission, Suite 201, Oceanside, stated he had no further comment except to request Council to pull the other parcels and let their parcel go forward. Ted Blonski, 17065 W. Bernardo Drive, Rancho Bernardo, owner of the hotel site, addressed Council stating he had met with the mobile home tenants two years ago and had their approval for a hotel on that parcel. He stated he was working with staff to get a lease arrangement on the 2.9 acres northwest of the site he owns, and he hoped this will not delay that project, as he wishes to proceed. Mr. Grimm used a transparency to show the existing RMH zone and stated six months ago Council approved an amendment to the hotel section of the Ordinance which would now prevent a hotel being built in a residential area. This zoning would have to be changed to commercial and the applicant could apply for that at the time he presented his plans. Council adopted the following Resolutions and Lewis Ordinance: (one motion) Kulchin X RESOLUTION NO. 8874, AMENDING THE LAND USE ELEMENT OF Mamaux THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS FOR ONE AREA OF THE CITY'S GENERAL PLAN GPAILU 85-9 - SEAPOINTE CARLSBAD. RESOLUTION NO. 8875, APPROVING LOCAL COASTAL PROGRAM (LCP) AMENDMENT LCPA 86-2 (SEAPOINTE). ORDINANCE NO. 9820, AMENDING TITLE 21 OF THE CARLSEAD MUNICIPAL CODE BY AMENDING THE ZONING MAP AS SHOWN ON EXHIBIT "C" DATED JUNE 30, 1986 FOR PROPERTY BOUNDED BY PALOMAR AIRPORT ROAD, INTERSTATE 5, POINSETTIA LAND AND CARLSBAD BOULEVARD, PLUS THE AREA SOUTH OF POINSETTIA LANE GENERALLY KNOWN AS PONTO, amended to delete "PZ" from Exhibit C. Pettine V.? Y 0 e MINUTES December 22, 1986 Page 10 DEPARTMENAL AND CITY MANAGER REPORTS: (continued) (28) 11. AB /I8840 - DESIGN REVIEW BOARD APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 8926, APPOINTING ROBERT HOLMES, JEANNE McFADDEN, MATTHE HALL, JOHN McCOY AND JERRY ROMBOTIS TO THE CARLSBAD DESIGN REVIEW BOARD. (?Ljj 12. AB iI8841 - PERSONNEL BOARD HEARING - BRITTON CALL. The City Council unanimously affirmed the action of the Personnel Board as set forth in Personnel Board Resolution No. 11. CLOSED SESSION: (q&) 13. CLOSED SESSION PENDLING DISCLIPLINARY ACTION. Closed Session was not held. ADJOURNMENT: By proper motion the Meeting of December 22, 1986, was adjourned at 9:04 P.M. Respectfully submitted, $YY& eputy City Clerk Harriett Babbitt Minutes Clerk HB: tb Y33 CQUNCIL 1s % + % MEMBERS % $ Lewis Kulchin 1 Mamaux Pettine x: 7 1 Lewis Kulchin Mamaux Pettine x: