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HomeMy WebLinkAbout1987-07-21; City Council; Minutes(57) (97) (45) 0 e MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Date of Meeting: July 21, 1967 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL 559 "0 4 MEMBERS Z. q. \v 5 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, Mamaux and Larson. Absent : None. INVOCATION was given by Reverend Cathy Ellicott-Carver of the Unity Center of Christ Church. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held June 16, 1987, were Lewis approved as presented. Kulchin XI Pettine 1 Minutes of the Regular Meeting held 3une 23, 1987, were Mamaux ) approved as presented. Larson J CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, Lewis as follows: Kulchin x; 1 Pet t ine Mamau x Larson i 7 I WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB f8882, 89080 and 89081 - Supplements Sf1 - GENERAL PLAN AMENDMENTS: GPA/LU 86-4; GPA/LU 86-6; AND GPA/LU 86-12 - DOCUMENTS FOR APPROVAL - CITY OF CARLSBAD . Council adopted RESOLUTION NO. 9161, amending the Land Use Element of the General Plan to include childcare as a goal of the General Plan; to change the land use designation for one area of the City' General Plan and to change the text to implement existing R-2 lots to be developed with duplexes. GPA/LU 86-4 - City of Carlsbad; GPA/LU 86-6 - City of Carlsbad (S/ of Corte de la Vista and EjAlicante Road); and GPA/LU 86-12 - City of Carlsbad (R-2 lots to be developed with duplexes). 2. AB 89045 - Supplement # 1 - 1986-87 STREET OVERLAY PROGRAM. Council adopted RESOLUTION NO. 9162, accepting a bid and awarding Contract No. U/M-13 for the 1986-87 street overlay program to South Coast Asphalt Products Company. aY0 0 .1 MINUTES July 21, 1987 Page 2 CONSENT CALENDAR: (Continued) (105) 3. AB $19096 - AMENDMENT TO COMMUNITY BLOCK GRANT - (45 1 I PARKING LOT PROJECT. Council adopted RESOLUTION NO. 9163, approving contract amendment with the County of San Diego to reallocate Community Development Block Grant funding. (50) 4. AB 89097 - REFUND OF FEES. Council approved the refund of $1,073.24 to Hatton Company for overpayment of fees. (104) 5. AB 89098 - NORTH COUNTY TRANSPORTATION COALITION APPOINTMENT. Council adopted RESOLUTION NO. 9164, reappointing Dr. Pat Lowry to the North County Transportation Coalition (NCTC). Mayor Lewis announced staff requested Item 811 be continued until July 28, 1987. ORDINANCE FOR ADOPTION: (67) 6. AB #8777 - Supplement #I - MUNICIPAL CODE REVIEW. Council adopted the following Ordinance: Lewis Kulchin X ORDINANCE NO. 1296, AMENDING THE TITLES OF THE CARLSBAD Mamaux MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND Pettine RECOMMENDED AS A RESULT OF CODE REVIEW. Larson SECTIONS TO MAINTAIN THE CODE IN ACCORDANCE WITH LAW AS PUBLIC HEARINGS: (43) 7. AB 119099 - APPEAL OF PLANNING COMMISSION DECISION TO APPROVE THE APOSTOLIC ASSEMBLY CHURCH - CUP 87-2. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies to show the site and wall maps with a conceptual drawing of the proposed church. Mr. Grimm stated the proposed church met all requirements, including parking. The applicant has agreed to install a 6-foot block wall around the property, except in the front, to reduce the noise. Mr. Grimm discussed the other uses surrounding the church area, stating that staff and the Planning Commissj.on recommended approval. Mr. Grimm suggested that one condition be added, that if or when the new church was built, the old building would be demolished. Discussion determined the church only leases the present building, and would not be in position to have it demolished. a39 0 a MINUTES July 21, 1987 Page 3 I PUBLIC HEARINGS : (Continued) Mayor Lewis stated the neighbors who signed the petition against this proposed church were worried about the increase in density. Staff stated no increase in density could occur in that zone because of this project. Council Members discussed the possibility of limiting the hours of use by the church, as weJ-1 as the number of days a week meetings could be held. The parkina was discussed, with staff stating if a parking problem arose, the CUP would come back to Council for modification. If there were too many people for one service on Sunday, the services could be split into two or three. As far as noise, staff felt that conditions could be placed on this project to mitigate the noise. Mayor Lewis opened the public hearinu at 6:18 p.m., and issued the invitation to speak. Kevin McCann, Attorney, 1905 Apple Street, Ste. 5, Oceanside, representing the applicant, addressed Council stating this church had grown and needed a new location to meet its needs. However, it is still a small church, and would certainly not accommodate a large congregation. Mr. McCann explained the church wou1.d be heavily sound- proofed to eliminate any possibility of disturbing the neighbors. He stated they had met with some of the neighbors and had not been warmly received. The closeness of this church to downtown would serve the needs of the community, including the Hispanic community. He expressed the opinion this neighborhood was a transition area, and a church would be compatible there. Pastor Juan Hernandez, 178 Edgewood Drive, Oceanside, gave the history of the church and the desire to build a church for the community. He stated that many of the members of this church walk to church, and this location would be easily reached. He added that the architecture of the church would be complementary to the area. Pastor Hernandez told of the flooding each year at the present church site, and the smallness of the structure, necessitating the children's classes meeting outside. He felt this was dangerous for the children due to the close proximity of the railroad tracks. At the present time, there are 70 members in the congregation. Paster Hernandez stated it has taken a long time to get to this size congregation, and he felt it would take many years to outgrow the proposed church. In answer to query regarding the hours the church would be in use, Pastor Hernandez stated there would be services on Tuesday and Thursday, from 7:OO p.m. to 9:OO p.m., and Sunday from 1O:OO a.m. until noon and on Sunday evenings from 5:OO to 7:OO p.m. At other times there would be small ministerial meetings. I I ' 238 I I e 0 MINUTES 3uly 21, 1987 Page 4 PUBLIC HEARINGS: (Continued) In answer to Council question regarding the music to be played in the church, Pastor Hernandez replied all music would be indoors and would not be loud enough to disturb the neighbors. Donald Yerkes, 6733 Clover Court, appraiser, addressed Council on the transition of the neighborhood, telling of the offices located in the area, the Girls' Club, the Christian Science Church and the other uses in the area. He stated he considered this site an excellent church site, with the freeway and the park nearby. As far as reducing the property values in the area, Mr. Yerkes stated he had never seen property values diminish because of a church. Sheila Musser, 1232 Pine Avenue, spoke in opposition to the proposed church, ref erring to a petition given to Council Members. She stated the neighbors want this to remain a residential area, and feel the church would create a parking problem and increase traffic as the congregation grew. As the church grew, it was feared the problems would increase, and they would only have to apply to the City for additional use time in the church. Mrs. Musser stated Holiday Park is a very busy park, and parking is at a premium on weekends and holidays. She gave photographs to Council Members showing the area and the traffic and parking problems. Regarding the question of the density being changed in the neighborhood, Mike Holzmiller stated the only time this would go to a vote of the people would be if the number of dwellings allowed under Proposition E was exceeded due to a zone change. William Morrow, a neighbor to the east and directly adjoining the proposed church, spoke in opposition to the church, stating the traffic would increase by his home, and he wanted this area to remain residential. He stated the parking would be 20 feet from his house and would be right under his livingroom and bedroom windows. He concluded, requesting that Council preserve the neighborhood. Alexa Holmes, 1344 Pine Avenue, spoke in opposition to the proposal, stating the traffic is already at a dangerous level, particularly for children playing in the driveways. Pat Hallinand, 1366 Pine Avenue, spoke in opposition to the church site, stating the traffic and congestion are already at a point where heavier use would be intolerable, and requested protection from over- congestion. a37 0 a MINUTES 3uly 21 7 1987 Paae 5 COUNCIL \v % JY "0 5 MEMBERS Z. (. PUBLIC HEARINGS: (Continued) Ann Geissinger, 2368 Spruce Street, stated she owns property in the area where the church is proposed, and expressed concerns about parking. She felt the church should find an adequate location where it could expand. She felt the 6-foot wall to control the noise would not help if the structure itself was not soundproof and the windows and doors were left open. 3oe Kratcoski, 1302 Pine, spoke in opposition to the church. He stated that the parking would not be sufficient, and questioned how many persons would use the classrooms and where they would park. Ken Matler, 574 Sandalwood, El Ca,jon, Insurance Agent, spoke for the church, stating churches in residential areas are not a problem, and are usually a plus. He stated this is a small church, and he believed that these people would be good neighbors. Eleno Saldovar, 2737 Jefferson, BG, spoke in favor of the church, and stated this was a good location for the church. Josefa Maturino, 3096 Roosevelt, spoke in favor of the church. Maria Maturino, 3096 1/2 Roosevelt, spoke in favor of the Apostolic Church. Paula Vasquez, 3380 Harding, $14, addressed Council stating her belief the church should be approved. The children need to have classes indoors where it would be safe. Soledad Magana, 257 Roosevelt, spoke as a Member of the Apostolic Assembly. She stated she hoped the church would be approved because of her children. Luis Sendejas, spoke in favor of a place of worship where they could understand the messages. Evelila Nava, 1742 Loretta Street, spoke in favor of building the church, stating that the present location is very dangerous. Francisco Nava also spoke in favor of the church. 3aime 3ural spoke in favor of the church. He stated that there is already noise from the freeway and from loud car radios in the area. Rosa Magana, 2775 Roosevelt, spoke in favor of building the church on this lot. Myrna Nava spoke in favor of having classrooms for children, as she feels they need to meet indoors away from the railroad tracks. Frank De La Cruz, spoke in favor of the church, also translated into English for the members of the church. He stated they already had spent $25,000 on this project and that the church members have sacrificed a lot to be able to build this church. a3 6 I a 0 MINUTES July 21, 1987 Paae 6 /y CoUNC'L % < %P MEMBERS \ PUBLIC HEARINGS: (Continued) Myrtle Broam, 3375 Adams? reauested that Council deny the CUP because of lack of parking and limited space. Jan Taylor, 351 Pine, spoke in opposition to the request, asking this area to remain residential. She stated the residents are upgrading their residences in that area and want a peaceful place to live. Cesar Herrera, 537 Brooks, Oceanside, spoke in favor of the church, stating the neighbors should consider the young children who are in a dangerous situation at the present location. He felt the church would be an asset to the neighborhood and the City. Obie O'Bryant, 1155 Oak Avenue, spoke against the church being in this neighborhood, stating he had seen them serving food at their present location, and did not want a food kitchen in the area. He stated the parking on Sunday is critical in that area, and felt the drawing shown of the church and parking Lot was not accurate. Mr. O'Bryant stated the church should be built in a larger area. Ann Cole, 1158 Oak, agreed the church should have a new location, but not in a neighborhood where they would not be able to expand. Peter Taylor, 1351 Pine Avenue, spoke in opposition to the Location of the church. He stated he had moved to Carlsbad because the City has shown a commitment to preserving residential areas and requested that Council not jeopardize the zoning in this neighborhood. Attorney Kevin McCann stated it would be unfair to tie the demolition of the present building to the building of the new church, especially since that building is owned by someone else. In answer to query from Council, Mr. McCann stated the applicant contemplates three rooms would be used for Sunday School meetings, and no day school or nursery school is planned for the proposed facility. Pastor Hernandez stated the congregation is not as large as they would like it to be, but would hope to grow with the years. If and when the congregation became too large for one seating on Sunday, they would split the services. When asked how they would split the Tuesday and Thursday services, in case those became too large, Pastor Hernandez replied they would have to provide a plan. Kevin McCann spoke in rebuttal, stating the church would be for the betterment of the City, and there is a growing pattern of churches in residential neighborhoods. Mr. McCann felt this church had mitigated any noise problem it might cause, and to deny the church the right to build there would be denying an important service. 235 I I 0 0 MINUTES (77) 3uly 21 , 1987 Page 7 PUBLIC HEARINGS: (Continued) Donald Reed, 1245 Basswood, addressed Council. He told of problems with parking with the Christian Science Church, and stated the parking in this area is particularly critical. Since no one else wished to speak on this item, the public hearing was closed at 7:58 p.m. Council Member Pettine suggested this matter be continuec and staff bring back additional conditions to mitigate the problems of locating a church at this site. Mayor Lewis concurred with continuing this item. Council Members Kulchin, Larson and Mamaux stated they wished to make a decision tonight. They indicated that they felt this was not the proper site for the church. The conditions that would be placed on the church would be so restrictive that the site would not be usable. Council Member Pettine made a motion to continue the Lewis matter for two weeks to allow both parties to meet Kulchin with the Planning Department to work out the Pettine X differences. Mayor Lewis seconded the motion. Mamaux Motion failed due to the lack of a majority. Larson Council directed the City Attorney's office to return Lewis with documents granting the appeal to deny CUP 87-2. Kulchin Pettine Mamaux Larson X Council Member Pettine stated he would support this motion as he felt the compatibility issue had not been decided, and he suggested the church should supply more information. RECESS : Mayor Lewis declared a recess at 8:12 p.m., and Council re-convened at 8:25 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 8. AB #9100 - REQUEST TO PREPARE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 25. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show Zone 25. Mr. Grimm reported that 99% of the property owners had agreed that the plan be prepared. Mayor Lewis opened the public hearing at 8:30 p.m., and issued the invitation to speak. George Williamson, Lightfoot Planning Group, 702 Fourth Street, Oceanside, requested Council to approve their request to prepare the Local Facilities Management Plan for Zone 25. JL?Y (114) (113) (43) a 0 MINUTES July 21, 1987 Page 8 PUBLIC HEARINGS: (Continued) Since no one else wished to speak on this matter, the public hearing was closed at 8: 32 p.m. Council authorized the Lightfoot Planning Group to Lewis prepare the Local Facilities Management Plan for Zone Kulchin 25. Pettine blamaux Larson X 9. AB /I9101 - ZCA-200 - LOCATION OF COMMUNILTY DIRECTIONAL SIGNS - CITY OF CARLSBAD. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. He stated this amendment would allow the Planning Director to make changes to future locations. Mayor Lewis opened the public hearing at 8:36 p.m., and issued the invitation to spsak. Mike Pack, SunCal Sign Company, 8390 Miramar Place, San Diego, expressed approval of this ordinance. He stated this would not provide for more sites, but would provide for redistribution when necessary. Since no one else wished to speak on this matter, the public hearing was closed at 8:38 p.m. Council adopted the Negative Declaration issued by the Lewis Planning Director and introduced the following Kulchin X Ordinance: Pet t ine Mamaux ORDINANCE NO. 9834, AMENDING TITLE 21, CHAPTER 21.41 OF Larson THE CARLSBAD MUNICIPAL CODE BY REVISIONG SECTION 21.41.076 (C) (1) TO ALLOW ADDITIONAL TEMPORARY COMMUNITY DIRECTIONAL SIGNS. IO. A6 /I9102 - APPEAL OF PLANNING COMMISSION DENIAL FOR DRIVE-THRU FINANCIAL BUILDING - SP-187(A)/CUP-304 - LINCOLN SAVINGS & LOAN. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site, and wall charts showing the location of the proposed drive-through. He stated the major issue is that this is part of the regional shoppina center. Staff has discouraged drive-throughs in a regional shopping center. They are not compatible. Therefore, staff and Planning Commission recommended denial. Mayor Lewis opened the public hearing at 8:51 p.m., and issued the invitation to speak. Ron Roberts, representing Lincoln Savings & Loan and Hughes Investments, addressed Council, reviewing the history of this plan. He stated that drive-through restaurants were strongly opposed by previous Councils, but a financial drive-through had not been specifically refused. He explained the building size had been reduced to eliminate any traffic congestion, and five different options had been submitted to staff, with the best design being selected. Mr. Roberts stated there would only be approximately 30 cars a day through the facility, with the peak time averaging six cars per hour. 2.7 7 e 0 MINUTES (79) (70) July 21, 1987 Page 9 PUBLIC HEARINGS: (Continued) Mr. Roberts felt this drive-through facility would complement the regional center and would not open the door for other drive-through facilities, as they would have to come before Council for approval. Since no one else wished to speak on this matter, the public hearing was closed at 9:lO p.m. Council directed the City Attorney's office to prepare Lewis documents denying the appeal of SP-I87(A) and CUP-304. Kulchin Pettine Mamaux X Larson 11. AB /I7099 - Supplement #8 - PUBLIC FACILITIES FEE ANNUAL REVIEW AND UPDATE. This item was continued for one week. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:19 p.m., and re-convened at 9:23 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB /I7439 - Supplement A2 - AGUA HEDIONDA LAGOON BOARD SAIL REQUEST. Dave Bradstreet, Director of Parks & Recreation, gave the staff report as contained in the Agenda Bill, using transparencies to show the alternatives for use of the lagoon and slides showing the lagoon and legal access. Lynn Chase, Recreation Superintendent, continued the report, showing the alternatives and explaining them, and stating staff's recommendation was Alternative f4. She stated staff was flexible and would like to make the lagoon and beach areas available for all people. In answer to query, staff indicated Alternative #5 is the existing Ordinance. Mrs. Chase indicated staff intended to change the dates to June 15 through September 15, which would be more realistic for the peak time. Robert German, Risk Manager, stated mixed use on the lagoon will increase the liability risk. There will be cross-overs and conflicts, with additional exposure due to the volume and number of uses attempting to use the lagoon during peak periods. This item was continued to July 28, 1987. Staff is to bring a further report on the slalom course conditions and the special use area. Dave Bradstreet stated he would work with all involved parties during the coming week to obtain a careful plan for use of the lagoon and try to satisfy all users of the lagoon. 2 1-9 I - e 0 MINUTES July 21, 1987 Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (28) 13. A5 #9104 - PUBLIC ACCESS TO BOARD AND COMMISSION (67) MEETINGS. This item was continued one week. PUBLIC COMMENT: There was no one present to speak during the Public Comment portion of the Meeting. CLOSED SESSION: (41) 14. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 1O:OO p.m., to consider pending litigation Jackson, et a1 v. City of Carlsbad, et al, pursuant to Government Code Section 54956.9(a), and re-convened at 10:13 p.m., with all Members present. Council heard the report and directed the City Attorney to proceed with the litigation process. I ADJOURNMENT: By proper motion, the meeting of July 21, 1987, was adjourned at 10:14 p.m. I Respectfully submitted, %KT7 I Harriett Babbitt Minutes Clerk J,? I 7 5 COUNCIL \p 559 /o J MEMBERS Z. '