HomeMy WebLinkAbout1998-01-13; City Council; Minutesc 0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 13,1998
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 City Clerk, as follows:
Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend, and may be participating in
the following events:
South Carlsbad Library Groundbreakmg Ceremony, Wednesday, January 14, 1998, 12:OO noon at
the comer of Dove Lane and El Camino Real, Carlsbad.
San Diego Marathon Sponsors Dinner, Thursday, January 15, 1998, 5:OO - 7:OO p.m., at the
Bellefleur Winery and Restaurant, 5610 Paseo Del Norte, Carlsbad.
San Diego Marathon, Sunday, January 18, 1998, 7:30 a.m., at the corner of Marron and Monroe,
Carlsbad.
Hosp Grove Plaque Dedication, Tuesday, January 20, 1998, 11:OO a.m., at Hosp Grove Park,
comer of Jefferson and Monroe, Carlsbad.
PRESENTATION:
Mayor Lewis presented Proclamations to the following 1997 Community Development Peer Award
recipients: Ranette Abbey, Debbie Fountain, Mike Grim, Leilani Hines, Frank Jimeno, Michele
Masterson, Jim Murray, Don Neu, Mike Peterson and Kathleen Farmer.
CONSENT CALENDAR:
Mayor Pro Tem Finnila removed Item #3 from the Consent Calendar.
On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1
through #5, with the exception of Item #3, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
January 13,1998 CITY COUNCIL 0 Page 2
CONSENT CALENDAR (continuedl:
1. AB #14,514 - AWARD OF CONTRACT FOR AMEFUCANS WITH DISABILITIES
IMPROVEMENTS (ADA) TO ELMWOOD HOUSE, CONTRACT NO. FAC 98-2.
Council adopted RESOLUTION NO. 98-13, accepting bids and awarding a contract to Lesicka
& Joy Construction Company, for the Elmwood House ADA Improvements, Contract No. FAC
98-2.
2. AB #14,5 15 - SETTLEMENT OF CLAIM AGAINST THE CITY BY GEOFFREY POOLE.
Council accepted the report on the settlement of the Poole v. City of Carlsbad claim.
3. AB #14,516 - APPROVAL OF AGRICULTURAL LEASE AGREEMENT.
This item was removed from the Consent Calendar.
4. AB #14,517 - APPROVAL OF CONSULTANT AGREEMENT FOR UPDATED DESIGN OF
PALOMAR AIRPORT ROAD EAST, PROJECT NOS. 3602 AND 3603.
Council adopted RESOLUTION NO. 98-15, approving a consultant agreement with P&D
Consultants Inc.,/Consoer Townsend Envirodyne Engineers (P&D/CTE) to update the design of
Palomar Airport Road East, Project No. 3602, and to design an access road through the Coast
Waste Management Transfer Station Area, Project No. 3603.
5. AB #14,518 - 1996-97 ANNUAL FINANCIAL REPORTS.
Council accepted the 1996-97 Comprehensive Annual Financial Report, the Single Audit Report,
the Federal Asset Forfeiture Audit Report and the Independent Auditors’ Report on Agreed Upon
Procedures Applied to Appropriations Limit Worksheets for the City of Carlsbad.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
3. AB #14,5 16 - APPROVAL OF AGRICULTURAL LEASE AGREEMENT.
ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO.
-> 98-14 authorizing the lease of the Zone 19 Park Site, in the Southwest Quadrant,
to Sea Coast Greenhouses for agricultural purposes.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
ORDINANCE FOR ADOPTION:
6. AB #14,519 - AVIARA PHASE III NORTH - MP 177(U)/GPA 97-6/LCPA 97-6.
ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 440, adopting the Aviara Master Plan Amendment relative to Phase 111 North on
property generally located on the east side of Ambrosia Lane, north and south of
Poinsettia Lane in Local Facilities Management Zone 19.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
January 13,1998 CITY COUNCIL 0 Page 3
PUBLIC COMMENT:
There were no requests to address the Council.
PUBLIC HEARING:
7. AB #14,511 - POINSETTIA PROPERTIES SPECIFIC PLAN - EIR 96-1/GPA 95-6,’
LCPA 96-3/ZC 95-6/SP-210/LFMP 87-22(A).
Mayor Lewis stated that the public hearing had been closed at the meeting of January 6, 1998, therefore
no public testimony would be received at this meeting. The item was continued to allow staff time to
prepare responses to those concerns that were addressed at that meeting.
Senior Planner Adrienne Landers stated that the major areas of concerns raised were as follows: EIR
factors, public notification process, land use compatibility, building height and pad elevations, tree height,
baseball and soccer fields, Poinsettia Bridge widening, drainage, Lanikai access through La Costa Downs,
Ponto access, emergency access, and the Carlsbad Boulevard realignment.
John Bridges, Environmental Consultant, CottonBeland and Associates, 6310 Greenwich Drive, Suite
200, San Diego, stated that a Final Environmental Impact Report and an Addendum for the revised project
had been prepared. A number of written and oral comments were received as late as the Council meeting
held on January 6, 1998; and written responses were prepared to all written and oral comments related to
the EIR. With the responses that have been made, staff believes that Council has a Final EIR and an
Addendum that adequately addresses the environmental impacts of the project and conforms to the
California Environmental Quality Act. Mr. Bridges addressed the following areas of concern that had
been raised at the previous meeting:
Land Use Population and Housing - The proposed project itself will not directly result in a significant
impact to land use population and housing as a result of the development that has been proposed on the
site. However, the indirect affect of the density increase will impact other areas such as traffic, air
quality, and public services. Therefore, the question of density is dealt with in the EIR through a number
of different areas.
Air Qualitv - The document addresses air quality but indicates that the proposed project will result in a
significant short term air quality impact during construction, which can be mitigated to a less than
significant level. The project specific long term air quality impact is also less than significant because the
project doesn’t violate any of the ambient air quality standards for the region. However, the long term
cumulative air quality impact is significant and it cannot be mitigated by this project alone. It is an
impact that results not only from this project, but other projects that already exist or are yet to be
developed. Council will have to adopt a statement of overriding consideration.
Traffic Circulation - The traffic analysis indicates that traffic generated from other developments, as well
as the proposed project, will not result in a significant project specific impact. However, the long term
cumulative impact cannot be mitigated to a less than significant level. Therefore, a statement of
overriding consideration must be adopted.
Biolorrical Resources - There is no on-sight impact, but there is immediately off-site, a wetland area that
has a biological significance. The EIR adequately mitigates the impact to the area.
January 13,1998 CITY COUNCIL a Page 4
PUBLIC HEARING (continued):
AB #14,511 (continued)
Visual and Aesthetics - The issue has been examined in the document and looks specifically at impacts
based on the city’s scenic corridor guidelines and concludes that the project will not result in significant
view impacts. There is an impact on the view corridor, however overall it has been considered to be less
than significant based upon city policy, guidelines and ordinances.
Water Sumlv - The EIR looks specifically at water supply and the impacts associated with this
development in Zone 22 and concludes that there is not a significant impact to the water supply. The
proposed project can be provided with water and the development will be maintained within the existing
capacity of the water system.
Schools - The property owners for the proposed project have annexed to the Community Facility District
No. 3 as established by the school district to finance future facilities. Based on this, there are not
significant impacts related to schools due to the annexation to the Community Facility District.
Noise - There is noise associated within the project itself, vehicular noise traveling along the roadways
adjacent to the project that will impact people living within the proposed project, and there is noise
associated with the rail operation. The study indicates that future rail operations will have an impact, but
that impact can be mitigated by appropriate measures along the rail right-of-way including walls and
setbacks. One issue that was raised in the review of the draft EIR, was the impacts associated with future
expansion of the rail service in this area. The EIR estimates noise impacts based upon information
received from NCTD. Should service expansion occur beyond the figures provided by NCTD, they in
turn would have to prepare an environmental document identifying those additional noise impacts when
they expand service in the future.
Senior Planner Adrienne Landers addressed the following areas of concern that were addressed at the
January 6, 1998 meeting:
1. Inadequate Notification - The city did complete all noticing requirements per city ordinances and
according to CEQA. In August 1996, a Notice of Preparation for the EIR and a notice for a Public
Scoping Meeting were published. The Public Scoping Meeting notice invited comments on issues related
to the proposed project. The Notice of EIR Completion was published on May 2, 1997. After all of the
project issues were resolved and the project was ready to be scheduled for Planning Commission, all
property owners within 600 feet of the subject property were notified. This included 6 property owners at
Alta Mira and 3 1 property owners at Harbor Pointe.
Ms. Landers stated that Mr. Ponseggi did submit a letter requesting that he be notified of any meetings
regarding this project. Unfortunately, due to a change in staff his request was not passed along.
However, once Mr. Ponseggi contacted staff concerning the matter, a notice was mailed to him.
In regards to the opportunity for public comment, there were three Planning Commission meetings, one
City Council meeting, and thee homeowner’s association meetings that staff attended. These association
meetings were at Harbor Pointe, Lakeshore Gardens, and the Lanikai Lane Mobilehome Park.
January 13,1998 o CITY COUNCIL 0 Page 5
PUBLIC HEARING (continued):
AI3 #14,5 11 (continued):
2. Land Use ComDatibilitv - The proposed project is compatible with regards to density. Although
the specific plan allows a maximum of 923 residential units, at this point the plan simply gives the
applicant permission to design his project. It will not be until a tentative map and site plan are submitted
that staff will be able to determine if the project conforms to city policies and regulations. The densities
that are being proposed are very similar and very compatible with development in the area. The only
exception to this is Planning Area 5 which is designated for the affordable housing site; therefore this area
has a higher density calculation.
In response to Council query, Doug Avis, Applicant, 5055 Avenida Encinas, Suite 210, Carlsbad, stated
that the project will not contain 900 units, however the actual number of units that can be obtained won’t
be known until the plans are complete. If required by Council, he stated that 50-100 units could be
eliminated and still remain within the goals of the specific plan.
Ms. Landers stated that staff was not prepared to make a recommendation on where the 100 units should
be taken from, however the higher density should be located around the transit station and the reduction
coming from sites that are located further from the transit station where people are less likely to walk.
3. Building Height - Concerns had been expressed regarding view heights and view preservations,
particularly in reducing heights. There were requests to reduce the building height to 25 feet in order to
protect the views. Staff recommends retaining the maximum of 30 feet and 2 stories if a 3:12 pitch is
provided or 24 feet and 2 stories if less of a pitch is provided. The recommendation is based on the fact
that this is the standard building limitation throughout the city, and the city does not have a view
preservation ordinance.
With regard to the 25 foot height limit at La Costa Downs, Ms. Landers stated that when the La Costa
Downs Specific Plan was developed, the beach area overlay zone had a 25 foot maximum height limit.
Therefore, La Costa Downs was conditioned with the same height limit restriction.
In an attempt to minimize view impacts, staff looked at the pad elevations along Carlsbad Boulevard and
how they relate to the building height. Because there is a ridge line on Parcel C, the existing grade
elevations are above those of Carlsbad Boulevard by about 6 feet. These pad elevations could be lowered
at the south end of Parcel C, but only to 5 feet above the roadway elevation due to the underlying sewer
line. Moving to the north of Parcel C, the pad elevations could be reduced to 2 feet and still maintain the
gravity flow for the sewer connections. Parcel B would be at the same elevation at Carlsbad Boulevard.
Doug Avis, Applicant, 5055 Avenida Encinas, Suite 210, Carlsbad, stated that Parcels B and C were being
sold to Magellan Corporation; therefore, he did not feel comfortable addressing the possible restriction on
height limit.
Nick Banche, Attorney representing Magellan Corporation, 7 15 Pier View Way, Oceanside, requested
that Council not impose a height restriction of less than 30 feet. A height limit of 28 feet is workable, but
it is requested that it be at the discretion of the developer. The added condition of lowering the grade on
Parcels B and C is acceptable.
4. Tree Height - A request had been made by the public to reduce the tree height to 25 feet in order
to preserve the view corridor. Ms. Landers stated that 75 percent of the trees are required to be canopy
trees as part of the existing conditions.
Council also recommended that the eucalyptus trees be excluded.
January 13,1998 CITY COUNCIL 0 Page 6
PUBLIC HEARING (continued):
AB # 14.5 1 1 (continued)
5. Baseball and Soccer Field Accessibilitv - Acting Community Services Director Ken Price
reviewed the facility playfield inventory for the Southwest Quadrant indicating the number of required
fields per sport and the expected surplus or shortage at estimated buildout of the city.
6. Poinsettia Bridge Widening - Senior Planner Adnenne Landers stated that the bridge design
should be completed in fiscal year 1998 with construction starting in the year 2000-2001. This widening
should coincide or precede the development of the proposed project.
7. Ponto Area Drainage - A request had been made by the public that the 78” drainage line be
installed in the railroad right-of-way heading south to the Ponto Area prior to development of the project.
Ms. Landers stated that it is city practice to have facilities installed concurrent with development rather
than prior to development.
8. Surfside Lane Access - The residents of Lanikai Lane Mobilehome Park have requested that the
Surfside Lane access through La Costa Downs remain open. Ms. Landers stated that Engineering would
prefer to keep this access way open, however the La Costa Downs Specific Plan has a provision that
requires this access to be gated with a Knox Box upon installation of permanent improvements to serve
the Lanakai Lanes Mobilehome Park. The only way to change this is by amending the La Costa Downs
Specific Plan.
9. Ponto Area Access - A request was made by Mr. Mazdyasni, that the access point be located to
the property line separating the two parcels. Ms. Landers stated that staff evaluated the request and
recommends no changes to the alignment as it will serve as a buffer for future residential development
distancing them from noise, traffic and light impacts created by the commercial site and yet still provide
access to all of the property owners.
10. Secondary Access - Ms. Landers stated that there are emergency access points on each parcel.
They are located on Parcel A across from Raintree Drive, on Parcel B approximately 150 feet north of
Poinsettia Lane, and on Parcel C approximately 150 feet south of Poinsettia Lane. Those access points
are shown in the Specific Plan.
11. Carlsbad Boulevard Realimment - Planning Director Michael Holzmiller gave a slide
presentation showing the area of the Carlsbad Boulevard realignment study which was previously
approved by Council. The study is to determine the feasibility of moving the southbound lane to the east
so that the north and southbound lanes are immediately adjacent to each other; and consists of three parts.
Those are: 1) review of environmental opportunities and constraints; 2) what the possible uses would be
for the surplus property; and 3) a financial feasibility analysis.
12. Commercial Possibilities - Council Member Hall stated that on Parcel A there is approximately
three acres of commercial space on the comer of Avenida Encinas and Poinsettia and a fueling station
should be considered for this site in an effort to divert traffic from Palomar Airport Road.
January 13,1998 0 CITY COUNCIL Page 7
PUBLIC HEARING (continued):
AB #14.5 19 (continued):
Ms. Landers stated that staff is opposed to a gas station at this location. One of the reasons is the land use
compatibility issue with the surrounding residential development on Parcel A. Typically, gas stations
have noise impacts from vehicles coming and going at all times; lighting impacts because they are
typically lit 24-hours a day; traffic impacts are increased; and circulation is impacted since gas stations
usually require three driveway accesses.
ACTION: On motion by Mayor Pro Tem Finnila, Council approved the Poinsettia Properties
Specific Plan in concept and directed the City Attorney to return with documents
approving EIR 96-UGPA 95-6LCPA 96-3/ZC 95-6/SP-2 lO/LFMP 87-22(A), to
include the following amendments:
1. A total of 823 units will be allowed. The reduction in the number of units
will come from the areas most distant from the existing transit station and
densities near the transit station shall be preserved wherever possible in
keeping with the transit oriented development concepts. Therefore, the
affordable housing obligations will be reduced.
2. That 75% of the trees are required to be canopy trees, and no eucalyptus
trees are permitted.
3. The final graded elevations of Parcels B and C of the Poinsettia
Properties Specific Plan shall be as close as possible to the elevation of
the northbound lanes of Carlsbad Boulevard while still permitting both
sites to drain to the existing sewer facilities. The elevations of Parcels B
and C shall not be raised in order to improve views. The structures shall
have a maximum height of 30 feet; however Council would be inclined to
review favorably proposals for structures having a maximum height of 28
feet in Parcels B and C.
4. That no gas stations be permitted in the Poinsettia Properties Specific
Plan.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
On motion by Mayor Pro Tem Finnila, Council voted unanimously to take Items #9, 10, and 11 out of
order and consider them immediately following the recess.
RECESS:
Mayor Lewis declared a recess at 8:44 p.m., and Council reconvened at 8:53 p.m., with all Council
Members present.
January 13,1998 e CITY COUNCIL 0 Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB #14.520 - PRELIMINARY SKATEBOARD PARK DESIGN.
Acting Community Services Director Ken Price gave an overview of the Skateboard Park Committee’s
functions and accomplishments over the past year.
Park Planning Coordinator Mark Steyaert gave a slide presentation overviewing the contents of the park
location and site.
Allen Fishman representing David Evans and Associates, gave an overview of the skate park site, design,
features and layout.
Jason Groves, 4940 Hillside Drive, Carlsbad, commended the City Council for appropriating money for
this park and stated there is a lot of support for the construction of the park. Mr. Groves stated that the
steel reinforcement in the cement is very important and will prevent damage to the ledges. He also stated
that the lighting will add at least four hours of usage per day and would be a definite benefit.
Paul Packer, 1010 Grand Avenue, Carlsbad, stated that lighting is important and would increase the usage
of the park. He also stated that the steel reinforcement is important as it allows skateboarders to “slide”
down the ledges and would save on maintenance costs.
Council discussion reflected consensus that the lighting should be included in the construction if the
airport approval is received.
Council Member Hall expressed the opinion that: (1) wall edges should be steel reinforced if possible; (2)
heavy-duty concrete should be used; (3) signage should be solid steel poles out of the reach of skaters; (4)
the issue of joint usage of the wall for skating and sitting should be reviewed.
ACTION: Council adopted RESOLUTION NO. 98-16, approving the preliminary design
for a skateboard park with lighting, directing staff to proceed with processing the
environmental review and required permits, and approving Amendment No. 1 to
an existing contract with David Evans and Associates.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
10. AB #14.521- LEO CARRILL0 RANCH PARK MASTER PLAN.
Park Planning Coordinator Mark Steyaert and Kurt Carlson representing KTU&A Architectural Firm gave
a slide presentation overviewing the site plan and development of the ranch.
Alan Kindle, representing Friends of Carrillo Ranch, Inc., 2622 El Aguila Lane, Carlsbad, requested that
Council approve the Draft Master Plan and withdrew their request to make their presentation on Item
No. 11.
ACTION: Council adopted RESOLUTION NO. 98-17, approving the Draft Master Plan for
Leo Carrillo Ranch Park, directing staff to proceed with the environmental review
and required permits, and approving Amendment No. 4 to an existing contract
with KUT&A for final design services.
AYES: Lewis, Finnila, Nygaard, Kulchin, Hall
*- * e
January 13,1998 CITY COUNCIL e Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS:
1 1. AB #14.522 - PRESENTATION BY FFUENDS OF CARRILLO RANCH.
This item was withdrawn by Mr. Kindle.
Due to time constraints, the following items were continued to January 20, 1998:
CARLSBAD MUNICIPAL WATER DISTRICT MEETING
PUBLIC IMPROVEMENT CORPORATION MEETING
HOUSING AND REDEVELOPMENT COMMISSION MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #14.512 - GENERAL PLAN AMENDMENT - GPA 97-6/GPA 95-5.
This item was continued to the meeting of January 20, 1998.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT.
By proper motion, the Regular Meeting of January 13, 1998, was adjourned at 10:08 p.m.
Respectfully submitted,
l2lzz&A. h
ALETHA L. RAUTENKRANZ
City Clerk
Sherrie D. Worrell
Deputy City Clerk