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HomeMy WebLinkAbout1994-06-14; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 14,1994 TIME OF MEETING: 6:OO p.m. 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 Assistant City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent None. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Marcie Festner and Jeanne Osburn, Emblem Club Members, for AMERICANISM WEEK Mayor Lewis presented a Proclamation to Charlotte White, Ted Stearns and John Euckeret, Members of the Grad Nite Committee, to thank all the members of the 'Grad Nite 94' Committee for providing this event for the Carlsbad High School graduates of 1994. ANNOUNCEMENTS: Mayor Lewis announced that all Council Members have been invited to attend and will be participating in the following events: Wednesday, June 15, 1994, 12:OO noon, Streetscape Dedication Ceremony at the Roosevett Street parking lot. Thursday, June 16, 1994, 2:OO p.m., City of Oceanside Dedication of Desalting Facility, at 215 Fireside Drive, Oceanside. Thursday, June 16, 1994, 8:OO p.m., Carlsbad High School 'Grad Nite' at Calavera Community Center. Friday, June 17, 1994, 4:OO p.m., Tour of Goldwin Golf USA Facility at 2460 Impala Drive. CONSENT CALENDAR: Mayor Lewis requested Item #3 be removed from the Consent Calendar. 150 .. 0 June 14, 1994 Page 2 CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of Consent Calendar, Items 1 and 2, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 35 1. AB #12,734 - APPROVAL OF CHANGE ORDER NO. 1 AND ACCEPTANCE OF PUBLIC 45 IMPROVEMENTS FOR CONTRACT NO. U/M 93-7. Council adopted RESOLUTION NO. 94-156, approving Change Order No. 1 to modify unit quantities and the total contract amount for the 1992-93 Curb, Gutter and Sidewalk Replacement Program; and Accepted improvements, and authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State laws and City ordinances. 55 2. AB #12,739 - APPROVAL OF USED OIL BLOCK GRANT APPLICATION. Council adopted RESOLUTION NO. 94-160, approving the City’s application for the California Integrated Waste Management Board (CIWMB) Used Oil Block Grant Program. ~13 3. AB #12,738 - APPROVAL OF CARRILLO RANCH PARKS AGREEMENT - MP-l39(E). 15 This item was removed from the Consent Calendar. ITEM REMOVED FROM THE CONSENT CALENDAR: 113 3. A8. 45 Alan Kindle, 2622 El Aguila Lane, representing Friends of Carrillo Ranch, Inc., read from a prepared statement dated June 14, 1994, copy of which is on file in the City Clerk’s Office, stating concerns about the Carrillo Ranch Parks Agreement. He expressed disappointment at the proposed CIP, which shows construction funding for Carrillo Rancho delayed until 1999-2004, and the Master Plan funding delayed until 1995-96. He stated that the Friends of Carrillo Ranch do not believe the City should quitclaim its current easement rights from Palomar Airport Road until a new access to the historic structures is in place and believe the map included with the Agreement as Exhibit ‘A’ should be more detailed. He requested that the July 27, 1996, date certain for the property owners and San Marcos Unified School District to agree on the school site be included in the parks agreement. Mike Howes, Hofman Planning, 2386 Faraday Avenue, Suite 120, representing the Rancho Carrillo property owners, stated that the matter of funding for the park is Council’s decision. As to the quitclaim on the access, he stated this is covered on page 3 of the agreement, Paragraph #3, which provides for access. He also stated that the three-year time limitation for agreement on the school site is included on page 168 of the Master Plan. )v7 0 e June 14, 1994 Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) Staff indicated the map attached as Exhibit A states all areas are approximate only, and subject to further refinement, and that staff will monitor the parcels of property involved to make certain the intent of the agreement is met on the tentative and final maps. It was also noted that the access will have to be maintained to the satisfaction of the Parks and Recreation Director, and that the quitclaim is necessary for the developer to begin grading. By consensus, Council requested that wording be placed on the map marked Exhibit 'A' to show that it is a general depiction. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- Carrillo property owners for the provision of additional parkland to the Ci of Carlsbad, and authorizing the Mayor to execute said agreement. - 161, approving an agreement between the City of Carlsbad and the' Rancho AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT There were no requests to address the Council on a non-agenda item. PUBLIC HEARINGS: 57 4. AB #12,736 - APPEAL OF PLANNING COMMISSION DENIAL OF GPA 93-3/LCPA 93-3EC 93-3 - 77 ENCINAS CREEWMORGAN. 113 Paul Yrisarri, representing the applicant, read from a prepared statement, a copy of which was provided to the City Clerk. He stated that the area around and near this property has been approved for commercial uses, and therefore, the applicant feels that commercial use of this property is appropriate. Mr. Yrisarri stated that historical access has been available to this property from Laurel Tree Road, and that denial of this access by the City will landlock the site. He indicated that the development of Palomar Airport Road has caused a large increase in the owners' property taxes due to the benefits assessed under Mello Roos, which the property owners cannot afford, and requested approval of the zone change. Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, Mayor Lewis closed the Public Hearing. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 94- Local Coastal Program 93-03, and Zone Change 93-03 for property located on the south side of Palomar Airport Road east of its intersection with College Boulevard/future Alga Road. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila - 157, upholding a Planning Commission denial of General Plan Amendment 93-03, lY 8 0 0 June 14, 1994 Page 4 PUBLIC HEARINGS: (Continued) -14 5. AB #12,735 - ZCA 92-4 - SECOND DWELLING UNITS - 'GRANNY FIATS. Mayor Lewis opened the duly noticed Public Hearing at 7:31 p.m., and issued the invitation to speak. John Jones, 3044 State Street, inquired if a second unit could be built as a second story, if the structure would support it, and whether separate electric and gas meters would be required. Bob Ladwig, 2643 Ocean Street, spoke in favor of the ordinance and asked for Council approval. He requested a word change on page 4 of the ordinance, paragraph (D) to replace the word 'existing' with the word 'detached' as follows: 'except that second dwelling units constructed above detached garages shall be permitted, and shall conform to the height limits applicable to the zone.' Mr. Ladwig also requested staff be directed to look at second unit fees. Doug Avis, Vice-chairman of the Housing Commission, commented on points made by the Housing Commission that were not referenced in the staff report. The Commission felt limiting the units to 640 feet was inappropriate and the units should not count as a Growth Management unit. He stated this would be a very viable way to provide affordable housing by having two families reside in one house. Mr. Avis also stated the Housing Commission recommended the number of units in the initial five-year period be 500 rather than 200. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:40 p.m. Staff stated that the second unit could be any configuration, with the gross floor area the basis for counting the footage, and that the size restriction will help to ensure that the units are affordable. Staff indicated that separate gas meters would be required for the units, and noted that in order for existing units to comply, they would have to meet current standards and pay double building permit fees. Staff also stated they don't believe the Growth Management Plan will prevent these units in the City, and agreed with the word change on page 4, paragraph (C), as recommended by Mr. Ladwig. By consensus, Council requested a review-of the second unit regulation in two years, including a review of the application fee. lY? e 0 June 14, 1994 Page 5 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 158, approving a Negative Declaration for a Zone Code Amendment, amending zous chapters of Tile 21 of the Carlsbad Municipal Code to (1) add a definition for second dwelling unit, and (2) modify the development standards and processing requirements for second dwelling units in the residential zones of the ci; and adopted RESOLUTION NO. 94-159, establishing an application fee for processing second dwelling units through Administrative Permit; and introduced ORDINANCE NO. NS-283, amending Title 21 of the Carlsbad Municipal Code by amending various chapters and sections to: (1) add a definition for second dwelling unit, (2) allow the development of second dwelling units through Administrative Permit in the R-A, R-E, R-1, R-2, R-3, R-P, R-T, R-W and RD-M Zones and areas designated by a Master Plan for single-family detached dwellings in the P-C zones of the City, and (3) amend the requirements for the creation of second dwelling units in the R-A, R-E, R-1, R-2, R-3, R-P, R-T, R-W and RD-M zones and areas designated by a Master Plan for single-family detached dwellings in the P-C zones of the City; as amended on page 4, Section (D) to change 'existinq' garages to 'detached' garages. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:50 p.m., and re-convened at 8:23 p.m., with all Members present. RECESS: Mayor Lewis declared a Recess at 8:23 p.m., and Council re-convened at 8:36 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: B 29 6. AB #12,737 - 1994-95 OPERATING BUDGET AND 1994-95 TO BUILDOUT CAPITAL 79 IMPROVEMENT PROGRAM BUDGET. Council received a partial report from staff regarding the 1994-95 Operating Budget and 1994-95 To Buildout Capital Improvement Program Budget; and ACTION: On motion by Mayor Lewis, Council continued the balance of the staff report to June 21, 1994, at which time the Public Hearing will also be held. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Staff announced that there will be a Public Meeting on the Budget at the Safety Center, on June 16, 1994. /469 e 0 June 14, 1994 Page 6 COUNCIL REPORTS: Due to the lateness of the hour, no reports were given. ADJOURNMENT: By proper motion, the Regular Meeting of June 14, 1994, was adjourned at 10:03 p.m. Respectfully submitted, && Assistant City C rk Harriett Babbitt Minutes Clerk p/s