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HomeMy WebLinkAbout1987-12-15; City Council; Minutes0 e MINUTES Meeting of: CITY COUNCIL (Regular Meeting ) Date of Meeting: December 15, 1987 Time of Meetinq: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL \ MEMBERS CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: "" Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. INVOCATION was given by Father MacKay from St. Michaels EpiscopalChurch. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. CONSENT CALENDAR: - Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. - AB 99239 - GRANT DEED ACCEPTANCE FOR CARLSBAD GATEWAY CENTER. Council. adopted RESOLUTION NO. 9316. acceptinq grant deeds conveyina easements fG public street purposess water utility purposes, and ingress and egress purposes for SDP 84-5 located between Palmer Nay and El Carnino Real.. 2. AB ?#9240 - STREET VACATION OF PUBLIC ALLEY BETWEEN PINE AVENUE AND OAK AVENUE. Council adopted RESOLUTION NO. 9317, declaring its intention to vacate the entire public alley right- of -way between Pine Avenue and Oak Avenue,. and directing staff to set the matter to public hearing on 3anuary 5, 1988. 3. AB 57929 - Supplement ?#I - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF FARADAY BUSINESS PARK - CT 83-37. - Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence mainta.ining the pub1.j.c streets associated with CT 83-37. 4. -. AB $9241 - TRAVEL REQUEST. Council authorized the Manaaer of the Arts Program to attend the California Arts Council Leadership Institute in Pacific Grove. California, on 3anuary 17-21. 377 I x ~ t 0 e MINUTES December 15, 1987 Page 2 1 CONSENT CALENDAR: (continued) (97) 5. AB #I9045 - Supplement 512 - 1986-87 STREET OVERLAY I (45) - PROGRAM. (74) (45) (57) (77) Coundl accepted the 1986-87 street overlay program as complete, and directed the City Clerk to record the Notice of Completion and release bonds appropriately. 6. AB 1i9242 - HEALTH INSURANCE COST INCREASES. Council adopted RESOLUTION NO. 9318, amending the agreement for group benefit consulting services between the City and Towers, Perri.n, Forster and Crosby and transferrins funds. PUBLIC COMMENT: There were no reauests to address Council. PUBLIC HEARINGS: 7. AB 89234 - GENERAL PLAN AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT - GPA/LU 87-4/LCPA 87-3 (LCPA 87-2E) - LAUREL TREE. " " Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. A transparency was used to show the location of the property. Council Member Larson suggested, and Council Memher Mamaux concurred, that a "Q" overlay would be appropriate on this property when the zoning is considered. Mayor Lewis opened the public hearing at 6:13 p.m., and issued the invitation to speak. Jack Henthorn, 2829 Jefferson Street, representtng the applicant, Laurel Tree Investors, stated the applicant had no problem with the recommendations and requested acceptance of the staff recommendation. Since no one else wished to speak on this matter, the pub]-ic hearing was closed at 6:14 p.m. Council adopted the Negative Declaration issued by the Planning Director and directed the City Attorney's Office to prepare documents approving GPA/LU 87-4 and LCPA 87-3. (57) 8. AB 59243 - GENERAL PLAN AMENDMENT, LOCAL COASTAL (77) PLAN AMENDMENT AND ZONE CHANGE FOR 15 PARCELS (113) SURROUNDED BY CHINQUAPIN AVENUE, HARRISON STREET AND ADAMS STREET - GPA/LU 87-3/LCPA 87-1 (LCPA 87- 2G)ZC 87-3. Mike Holzmiller introduced the item, using a transparency to show the existing General Plan and LCP. 3 76 - - - COUNCIL /y % 3 MEMBERS % ' Lewis Uulchin Pet t ine X Mamaux Larson a * MINUTES December 15, 1987 COUNCIL \y 0'59 /o J Page 3 MEMBERS Z. ' PUBLIC HEARINGS: (Continued) Mike Howes continued the report, using transparencies, detailing the proposal as contained in the Agenda Bill. Mayor Lewis opened the public hearing at 6:25 p.m. 9 and issued the invitation to speak. Jane Oldham, 1015 Chinquapin, owner of Lots 1 and 2 as shown on the transparency, stated there was more than 01 way of escape from that property. Ears. Oldham quoted tl density figures for the properties across Harrison Street, stating they are all quite high. She felt they should be aLlowed a comparable density for their property. She felt 15 units to the acre would be appropriate. 13 1: John McCoy, 3995 Slyme Drive, stated he did not feel traffic was a problem and felt this property has been zoned R-3 for many years and should not be changed because of one resident on Adams Street. He stated no one would purchase a single family home in that area. Mr. McCoy felt it would not be fair to these people who have lived there al.1 their lives to lower the density below 8 to 15 units per acre. Carl Stephan, owner of Lots 9, 10 and 11, stated he woulc be satisfied with 8 to 15 units to acre, as that was onlIr a fraction of the density of the housing on two sides. He stated the traffic report was favorable and there is an easy outlet for traffic, with the freeway only one block away, and stores and beaches close by. He suggested a "Q" overlay to give staff more control might be more acceptable to Council. Harold Shivers, 1065 Chinquapin, referred to the plat map shown on a transparency, showing the density of the units to the north and west of this area. He stated the streets can handle the traffic and it would be unfair to lower the density. Since no one else wished to speak on this matter, the public hearing was (closed at 6:37 p.m. Council Members Mamaux, Pettine, Larson and Kulchin all felt the 8 to 15 dwelling units per acre would be appropriate due to the high densities of neighboring properties. Mayor Lewis stated he could not concur with the other Council Members, as he felt there was only one major escape route from this area, and the traffic issue supports the lower densities. 375 t - 0 0 MINUTES COUNCIL \y % J "0 3' 4 December 15, 1987 Page 4 MEMBERS % ' PUBLIC HEARINGS : (Continued ) Council adopted the Negative Declaration issued by the fronting on Adam to RDM-9. RLM; and a Zone Change changing all lots except those north between Locust and Chinquapin on Adams from RM to RLM; a Local Coastal Plan Amendment changing three lots one lot south of Locust fronting on Adam from RMH to Larson to the east; a Local Coastal Plan Amendment changing Hamaux Plan Amendment expanding the RMH by one row of lots X Pettine Office to prepare documents as follows: A General Kulchin Planning Director and directed the City Attorney's Lewis Council introduced the following Ordinance: Lewis ORDINANCE NO. 9840, AMENDING TITLE 21 OF THE CARLSBAD Pettine MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A ZONE Mamaux LOCATED BETIEEN CHINQUAPIN AVENUE, ADAMS STREET AND HARRISON STREET. Kulchin X CHANGE FROM R-1-7500 TO RDM-Q ON PROPERTY GENERALLY Larson (57) (113) (81) 9. AB R9244 - GENERAL PLAN AMENDMENT/ZONE CHANGE TO RE- DESIGNATE HOSP GROVE TO OS - GPA/LU 87-2/ZC 87-4. Council Member Mamaux stated this item was approved by the Planning Commission on a 4/3 vote and was a difficult and sensitive issue. Council Member Mamaux stated Council Member Pettine had rightfully abstained when there was an item involving his neighborhood, and he questioned whether the City was operating under two different sets of rules with regard to conflict of interest. He continued, stating one of the Planning Commissioners who voted for this zone change (and was the deciding vote) has property within 300 feet of the property being re- zoned. Mr. Mamaux stated he felt this Commissioner should have abstained from voting on this item, and he recommended this item be returned to the Planning Commission for a re-hearing, with that Commissioner abstaining from partcipation in the discussion and vote. Mayor Lewis requested a report on the matter from the City Attorney. City Attorney Vincent Biondo stated the matter was raised by Mr. McBane at the Planning Commission hearing, and Assistant City Attorney Ron Ball advised that there was no legal prohibition against him participating. After an inquiry on the matter, Mr. Ball reviewed the matter again and reaffirmed his previous advice. i 314 t e 0 MINUTES December 15, 1987 Page 5 MEMBERS COUNCIL \ \ 1 PUBLIC HEARINGS: (Continued) Council. Member blamaux made a motion to return this matter to the Planning Commission to be re-heard with the understanding that the public would be best served if Commissioner Mdane would abstain from participation on this matter. The motion died due to the lack of a second. I I Council Member Mamaux made a motion that Council adopt a rule that says a Planning Commissioner or Council Member who receives pub1i.c notice, and that his property is within the area being noticed, be required to abstain from voting on that matter. ~ The motion died due to the lack of a second. I I Council Member Mamaux stated for the record that when the City goes to finance the Grove and the issue is raised that something was wrong, the financi-ng may be difficult. City Attorney Vincent Biondo stated Council Member Mamaux had raised a very good question and there is a great deal of law on what constitutes conf li ct of interest. Any time anyone owns property in the immediate vicinty of a governmental action, the conflict should be investigated hefore the action, and generally this is done in advance of the hearing. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies to show the three parcels, D, E and F, ! noting only parcels D and E are before Council tonight. Council Member Mamaux stated private property owners along Crest Drive are parking on the east side, and have even removed trees in order to park there. Since this property now belongs to the City, he questioned whether the City would have any liability. The City Manager stated staff would look into the matter and prepare a report. I ~l Mayor Lewis opened the public hearing at 7:19 p.m., and issued the invitation to speak. Craig Correll, 2729 Forest Park Lane, Friends of Hosp Grove, spoke in favor of making the Grove open space. Since no one else wished to speak on this subject, the public hearing was closed at 7:20 p. m. Council Member Mamaux stated he supported the open space designation, hut wanted the record to show although he voted for open space, he was opposed to the manner it was presented to the City Council in a 413 vote from the Planning Commission. I 333 I /I /I - e @ MINUTES December 15, 1987 Page 6 I PUBLIC HEARINGS: (Continued) Council directed the City Attorney's Office to prepare documents approving GPA/LU 87-3 and introduced the following Ordinance: ORDINANCE NO. 9841, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODETAMENDING THE ZONING MAP FOR A ZONE CHANGE FROM PC TO OS ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF MONROE SOUTH OF MARRON ROAD. (57) IO. AB 89245 - CAR COUNTRY EXPANSION - GPA/LU 87-1/ZC (99) 87-2/SP IY(C)CT 87-3/LCPA 87-2 (LCPA 87-2F)LFMP 87- (77) 3 ( 2) , AGRICULTURAL PRESERVE 76- 1 CONTRACT (113) AMENDMENT. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill., using a transparency to show the area. Mr. Holzmiller also explained that the applicant disagreed with the staff recommendation on conditions concerning the types and location of the commercial support services, requirement for construction of a sidewalk on the east side of Paseo Del Norte, and the requirement for a walkway. He stated the walkway would be difficult to construct because the space is being used by an existing dealership and there is a significant grade separation. In answer to Council query regarding what would be across the street from lots I , 2 and 3, staff indicated this was SDG&E property and was designated travel services east of 1-5. The remainder of the property is shown as open space along Cannon Road, and is part of the agriculture preservation area. SDG&E has talked about a master plan for their property, but at the present time it is only open space. The power lines inhibit development of property fronting on Cannon Road. Mayor Lewis opened the public hearina at 8:lO p.m., and issued the invitation to speak. Chris Calkhs, Carltas Devel.opment Company, 4401 Manchester Avenue, Ste. 206, Encinitas, stated when this development was completed, it would be the largest single automobile center on the Rest Coast--and maybe in the Country, and the economic benefits to the area would be tremendous. Mr. Calkins stated the pedestrian walkway would be very difficult to locate and install due to the configuration of the lots, and they were not eager to have pedestrians walking through that area. He felt the sidewalk to Palomar Airport Road would cause problems with the agriculture and was not needed, since there is a sidewalk on the west side of the street. i 33a - COUNCIL \ % 7 MEMBERS Lewis I Kulchin Pet t ine Mamaux Larson Ix , I ~ I e 0 MINUTES December 15, 1987 /y CoUNC'L %* ( %P Page 7 MEMBERS \ PUBLIC HEARINGS: (Continued) Mr. Calkins continued, stating this type of automobile park is a new concept. A large population of citizens and employees can be served by this type of park. The idea is to encourage people to keep coming there, even with the slow-down in car sales at the present time. Mr. Calkins stated a restaurant is needed to give people a place to get lunch while waiting for their cars to be serviced. He added that only 5 percent of the space would be for the related uses, and this could be limited to lots two and three. Mr. Calkins referred to the aerial photograph displayed and stated this concept was to make it convenient for people to get the services related to their cars all in one area. He stated the exterior treatment would be consistent with Car Country. He used an artist's rendering of the proposed buildings to explain how those buildings would appear from the street, adding these services could not be on the inside of the complex, but must have mafor road exposure. Mario Monroy, 3610 Carlsbad Boulevard, spoke in favor of having a sidewalk installed on Paseo Del Norte, stating it is dangerous to cross the street in that area due to the speed of the cars, and in order to walk to Palomar Airport Road, it is necessary to cross the street. Since no one else wished to speak on this item, the public hearing was closed at 8:37 p.m. Council Member Pettine stated he supported the expansion of Car Country, but had difficulty with opening it up to additional services. He added he could support a restaurant. I Council Member Mamaux stated a restaurant on the corner was a vital part of the center and he could support the related uses. He felt if the buildings were done in a courtyard manner, it would be a good-looking park. He stressed looking carefully at the architecture on lots two and three. Council Member Larson concurred with Council Member Mamaux, adding the restaurant should have a CUP. He expressed support for those additional uses as proposed by staff. He felt the sidewalk was not necessary and would attract people into the farming area; also, the pathway was not necessary. Council Member Kulchin stated she supported the expansion, but did have concerns about the restaurant, but could support its location on lots 2 and 3. Mayor Lewis stated he did not believe the corner was the proper place for the restaurant, but felt the prime lots should be for car dealerships. He stated he could not support the request. Council directed that the requirement for construction Kulchin of the sidewalk on the east side of Paseo Del Norte and Lewis Mamaux walkway be deleted as conditions of the tentative map. Pettine the requirement for construction of the pedestrian Larson X c 33/ I I * e MINUTES \p 5 December 15, 1987 Page 8 COUNCIL % 9L MEMBERS % < PUBLIC HEARINGS: (Continued) Council approved the additional uses as contained on Lewis the list compiled by staff and the Planning Commission, Mamaux expansion of Car County. Pettine and these uses could take place on lots 2 and 3 in the Kulchin Larson X Council adopted the Negative Declaration issued by the following Ordinances: (one motion) amended with previous actions; and introduced the California Coastal Commission for consideration; as directed staff to forward Council's action to the X Larson Agricultural Preserve No. 76-1 Contract Amendment, and M amau x LFMP 87-3 (Z), LCPA 87-2 (LCPA 87-2 (F) and approved Pettine to prepare documents approving GPAjLU 87-1, CT 87-3, Kulchin Planning Director; directed the City Attorney's Office Lewis ORDINANCE NO. 9842, APPROVING SPECIFIC PLAN AMENDMENT LOCATED EAST OF THE EXISTING CAR COUNTRY. ORDINANCE NO. 9843, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY ,AMENDING THE ZONING MAP FOR A ZONE GENERALLY LOCATED EAST OF THE EXISTING CAR COUNTRY. Mayor Lewis and Council Member Pettine asked to have it noted they opposed the previous actions, but were in favor of the expansion of Car Country. SP"lY(C) FOR THE CAR COUNTRY EXPANSION GENERALLY CHANGE FROM E-A AND R-A-10,OOO TO C-2-9 ON PROPERTY RECESS : Mayor Lewis declared a recess at 8:55 p.m., and Council re-convened at 9:Ol p.m., with all Members present. PUBLIC HEARINGS: (Continued) 11. AB /#9246 - GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT AFFECTING THE SAVAGE AND LYMAN PROPERTIES - GPA/LU 87-5/LCPA 87-6. Mike Holzmiller, Planning Director, introduced the matter, using a transparency to show the property. Gary Wayne, Senior Planner, continued the report as contained in the Agenda Bill, using transparencies to show the proposed actions. He stated a petition with approximately 451 signatures had been presented to the Planning Commission by the surrounding residents in support of staff's recommendation, and this petition had been given to the City Clerk and entered into the record. Mayor Lewis opened the Public Hearing at 9:lO p.m., and issued the invitation to speak. Don Connors, 921 Begonia Court, Spinnaker Hills, stated he supported staff's recommendation. 330 0 0 MINUTES December 15, 1987 Page 9 COUNCIL \ %? MEMBERS r - (57) (77) (113) PUBLIC HEARINGS: (Continued) Joe Reed, 1008 Daisy Avenue, Southwest Homeowners Coalition, spoke in opposition to any increase in the density in the southwest quadrant, particularly at the intersection of Poinsettia and 1-5. He stated this intersection will become gridlocked in the future. He supported staff's recommendation. William Savage, Box 7773, Rancho Santa Fe, gave a prepared chart to Council Members showing what has happened to the residential count. He stated he has tried to comply with the Ordinance and planning issues and felt there was no need to down zone the property. He suggested a compromise to allow the RMH to be retained. Ramona Reasons, 7402 Lantana, Seacliff, stated the density of Seacliff is not what Mr. Savage indicated, and she was concerned with the manner in which he maintains his property at the present time. Since no one else wished to speak on this matter, the public hearing was closed at 9 :25 p.m. Council Planning office t adopted the Negative Declaration issued by the .o prepare documents approving GPA/LU 87-5 and Director and directed the City Attorney's LCPA 87-6 (LCPA 87-2C) and directed staff to forward this action to the California Coastal Commission for consideration. Lewis Kulchin Pet t ine Mamaux Larson 12. AB #9247 - GENERAL PLAN AMENDMENT, ZONE CHANGE AND LOCAL COASTAL PLAN AMENDMENT - GPA/LU 85-9/ZC- 338/LCPA 86-2 (LCPA 87-2D) - SEAPOINTE. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the location, and stating this was only land use changes. Mayor Lewis opened the public hearing at 9:29 p.m., and issued the invitation to speak. Chuck French, Solamar Mobile Home Park, stated there were two concerns that had not been responded to: security to the Park and drainage. Mr. French stated if these problems were not considered until after a hotel was built, that would be too late. Mr. French stated there should be a condition for a wall to be built along the back portion of the property. Also, this property is lower than the Solamar property, and the wall would need to be built to allow the water to drain off of Solamar. He asked these concerns be on record. Mr. Grimm stated the security and drainage issues would be dealt with during site review. Joseph Martinez, Architect for the project, stated they had met with the people in the mobile home park and concurred with Mr. French's comments. He indicated the problems would be worked out at the time of the specifj.c site plan. Since no one else wished to speak on this item, the public hearing was closed at 9:35 p. m. 369 I \ X (30) (22) (28) 0 0 MINUTES \y CoUNC'L %( %9 December 15, 1987 Page 10 MEMBERS PUBLIC HEARINGS: (Continued) Council directed the City Attorney to prepare documents approving GPA/LU 85-9, LCPA 86-2 (LCPA 87-20); directed Lewis Mamaux introduced the following Ordinance: Pettine staff to submit LCPA 86-2 to the Coastal Commission and X Kulchin Larson ORDINANCE NO. 9844, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP AS SHOWN ON EXHIBIT "C" DATED DECEMBER 15, 1987, FOR PROPERTY BOUNDED BY PALOMAR AIRPORT ROAD ON THE NORTH, CARLSBAD BOULEVARD ON THE WEST AND THE AT&SF RAILROAD ON THE EAST. 13. AB 119216 - Supplement #I - ADOPTION OF THE 1985 UNIFORM BUILDING CODE. Mayor Lewis opened the public hearing at 9 :38 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council adopted the following Ordinance: Lewis Kulchin ORDINANCE NO. 8111, REPEALING TITLE 18, CHAPTER 18.04, Pettine AND AMENDING TITLE 18 BY THE ADDITION OF CHAPTER 18.04 Mamaux X TO ADOPT BY REFERENCE THE UNIFORM BUILDING CODE (1985 Larson EDITION) AND THE UNIFORM BUILDING CODE STANDARDS (1985 EDITION). DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB 119238 - COMMUTER AIR SERVICE AT PALOMAR AIRPORT. Mayor Lewis distributed a memorandum containing a summation of the recent meeting. Council Member Mamaux suggested staff investigate the possibility of purchasing the airport from the County. There was a discussion regarding noise at the airport, with the indication there is no way to monitor the noise at the present time. It was felt there could be noise standards in the future. Council indicated they would like as a part of the study on the airport to get input as to whether noise restrictions could be appl.ied. 15. AB 118553 - Supplement 111 - COUNCIL REVIEW OF CITIZENS' COMMITTEE TO STUDY GROWTH. Mayor Lewis requested Council return on December 22, 1987, with recommendations for appointments. Council Member Mamaux questioned whether there was a need for this committee since Proposition E and in light of the employee hiring freeze. 368 c (111) (39) I a a MINUTES 1y CoUNC'L % ( December 15, 1987 %P Page 11 MEMBERS DEPARTMENTAL AND CITY MANAGER REPORTS : (Continued ) Council Member Larson stated the Committee was on board and he felt it should be convened and have it meet. Council Member Pettine concurred the committee should be convened in order to get a different perspective. Mayor Lewis requested the Council Members to return December 22, 1987, with nominees for the Committee. 16. AB !I9248 - AWRA RECLAMATION POLICY COMMITTEE STATEMENTS. This item was continued to December 22, 1987. INFORMATION ITEM: 17. REPORT ON CITY INVESTMENTS. Report on the status of the City's investment portfolio as of December 1, 1987. CLOSED SESSION: By unanimous consensus, Council agreed to hold a closed session to discuss Van tey v. City of Carlsbad Case No. 582322, pursuant to Government Code Section 54956.9(a). Council adjourned to a Closed Session at 9:55 p.m., and re-convened at 1O:OO p.m. Council heard the information supplied by the City Attorney and gave instructions. ADJOURNMENT: By proper motion, the Meeting of December 15, 1987, was adjourned at 10:01 p.m. Respectfully submitted, u kc Ry ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 361