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Home My WebLink About1997-10-15; City Council; Minutes: a 0 0 MINUTES MEETING OF : CITY COUNCIL (Special Meeting) DATE OF MEETING: October 15,1997 TIME OF MEETING: 4:OO p.m. PLACE OF MEETING: City Council Chambers 113 CALL TO ORDER. Mayor Lewis called the Meeting to order at 4:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin and Hall PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. AB #14,380 - CARLSBAD RANCH OVERLAY ZONE AND EXTENSION OF URGENCY ORDINANCE NO. NS-4 18. Mayor Lewis opened the duly noticed Public Hearing at 4:35 p.m., and issued the invitation to speak. Bill Hoffman, Hoffman Planning Associates, 2386 Faraday, Suite 120, Carlsbad, representing the Chamber of Commerce, spoke in opposition to the urgency ordinance. Mr. Hoffman stated that if Council decides to adopt this ordinance, they should clearly define the types of uses which would have to come to Council. Mr. Hoffman also questioned whether a customized overlay zone was needed for the Carlsbad Ranch area since a specific plan had recently been adopted to address architecture, setbacks, land uses, and development standards for the Carlsbad Ranch area. Gail Gordon, Attorney with Pillsbury, Madison and Sutro, 725 South Figueroa Street, Suite 1200, Los Angeles, representing the Carpenters Pension Trust of Southern California, referenced a letter dated October 15, 1997, (a copy of which is on file in the Clerk’s Office) opposing the urgency ordinance. Her client’s do not believe there is an emergency and city staff should be able to address Council’s concerns without going through the process of adopting an urgency ordinance. Howard Heffner, 7154 Lantana Terrace, Carlsbad, representing the Sea Cliff Community Homeowners Association, stated that Council should be concerned about how heavy Carlsbad is going to be with commerce and how this will impact water, poiice, roads and facilities. Mr. Heffner agreed with staffs recommendation to extend the ordinance allowing Council final review and approval of commercial activities in this area. Sally Lyons, 7019 Lavender Way, Carlsbad, spoke in favor of the urgency ordinance. Ms. Lyons stated that she did have some concerns with staffs preference of the custom overlay rather than the corridor plan. She also stated that managing transportation is primary to not only the success of a particular project but to the community at large. The transportation issues are vital to the proposed overlay zone and Council needs to be aware of this. Ms. Lyons urged Council that in their review of projects for this area they not only address problems that may exist, but what future traffic projections may be implied. $ October 15, 1997 0 CITY COUNCIL a Page 2 PUBLIC HEARING (continued): Ron Rouse, Attorney with Luce, Forward, Hamilton and Scripps, 600 W. Broadway, San Diego, representing Ray and Barbara Winter, requested that a letter he submitted to the City Council at the September 2, 1997, meeting be incorporated into this administrative record. Mr. Rouse submitted an additional letter to the Council stating his objection to the legal basis for an urgency ordinance. Mr. Rouse encouraged the Council to pursue those uniform policies that were already in place and that if a project is in fact controversial, it will come before the Council as an appeal. Steve Craig, representing Carlsbad Company Stores, 3 1 Morning View, Irvine, spoke in opposition to the adoption of the ordinance. Mr. Craig stated he was very concerned with the fact that after processing Specific Plan 207A in Planning Area 6 for the shopping center, that he may now be required to come back to Council from time to time depending on whether there is a change of use within the center. Mr. Craig discouraged the Council from passing the ordinance and requested that if the ordinance is adopted, he be exempted from it. Seeing no one else wishing to speak, the Mayor closed the Public Hearing at 5:OO p.m. Michael Holzmiller, Planning Director, stated that the ordinance, as currently written, requires everything which needs any kind of discretionary approval to come before the City Council. That means all projects that were previously approved by the Planning Commission, and all use changes and administrative permits previously approved by the Planning Director, must be reviewed and approved by Council. In addition, Mr. Holzmiller explained that a workshop would be recommended in order for Council to determine the types of uses which give cause for concern, and should require additional levels of review in the overlay zone. ACTION: Mayor Lewis made a motion, seconded by Council Member Hall, to amend Section I11 of Ordinance No. NS-424 to read: “For the area described above, pending and future commercial projects subject to Planning Commission review shall be required to undergo City Council review and approval regardless of current zoning ordinance regulations regarding the review and approval of land use entitlements.” (This motion was subsequently withdrawn.) ACTION: Following discussion, Mayor Lewis withdrew his previous motion, with consent of the second. I! I/ I/ I1 I1 /I c 4- October 15, 1997 0 CITY COUNCIL e Page 3 PUBLIC HEARING (continued): ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the Carlsbad Ranch Overlay Zone Report; and, Adopted RESOLUTION OF INTENTION NO. 97-631, declaring its intention to consider a zone code amendment to establish a new overlay zone around the Carlsbad RancWLegoland Specific Plan Area; and Directed staff to schedule a Council workshop to discuss the form and content of the new overlay zone; and Adopted ORDINANCE NO. NS-424, extending Urgency Ordinance No. NS- 418 to require Council’s final review and approval of commercial projects around the Carlsbad RancWLegoland Specific Plan Area with the modification of Section I11 to read: “For the area described above, pending and future commercial projects subject to Planning Commission review - + shall be required to undergo City Council review and approval regardless of current zoning ordinance regulations regarding the review and approval of land use entitlements.” AYES: Lewis, Finnila, Nygaard, Kulchin, Hall CLOSED SESSION: Council adjourned to Closed Session at 5:50 p.m., to discuss the following: 74 2. CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS. To consider holding a Closed Session, pursuant to Government Code Section 54957.6, to discuss salaries, salary schedules, and compensation with designated staff as labor negotiators with respect to the negotiations with police management employees and unrepresented employees. Council Member Kulchin left the meeting at 6:25 p.m. Council reconvened at 7:25 p.m., with four Council Members present and Council Member Kulchin absent. Mayor Lewis announced that Council had heard the information and instructed staff and the Attorney concerning the item. ADJOURNMENT. By proper motion, the Special Meeting of October 15, 1997, was adjourned at 7:25 p.m. Respectfully submitt l?JzbkL 2, ‘J 3 mA7 ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk