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HomeMy WebLinkAbout2001-10-02; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 2,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Absent: Lewis, Finnila, Nygaard, and Hall. Kulchin. INVOCATION AND PLEDGE OF ALLEGIANCE: Dwayne Edwards offered the invocation and Council Member Nygaard led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Council Member Finnila, Minutes of the following meetings were unanimously approved as presented, with Council Member Nygaard abstaining due to her absence on September 19th: Minutes of the Special Meeting held September 19, 2001. CONSENT CALENDAR ACTION: On a motion by Council Member Finnila, Council affirmed the action of the Consent Calendar, Items #I through # 2, as follows: AYES: Lewis, Finnila, Nygaard and Hall, NOES: None. ABSENT: Kulchin. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AB #16,382 -APPROVAL OF A CONTRACT FOR THE PUBLICATION AND PURCHASE OF A CARLSBAD HISTORY BOOK. Council adopted RESOLUTION NO. 2001-308, approving a contract with Donning Company Publishers for the publication and purchase of a Carlsbad History Book. October 2,200 1 Carlsbad City Council Meeting Page 2 2. AB #16,379 -APPROVAL OF AN AGREEMENT FOR AS-NEEDED CONSULTANT CONSTRUCTION MANAGEMENT SERVICES. Council adopted RESOLUTION NO. 2001-306, approving an agreement with North County Construction Management, Inc. for as-needed construction management services. PUBLIC COMMENT: None PUBLIC HEARING: 3. AB #16,368 - SDP 00-16 -APPEAL OF PIRINEOS POINTE. Anne Hysong, Associate Planner, presented the staff report. Jeremy Riddle, Associate Engineer, reviewed the street adequacy findings. Mr. Riddle responded to Council Member Hall and explained the amount of average daily trips relate to the number of dwelling units. In response to Council Member Finnila, Mr. Riddle said that the golf course association painted the original golf cart crossing. Mr. Riddle said he would contact the golf course association to ask that they repaint the golf cart crossing. Council Member Nygaard noted that a driver’s line of site can be reduced if a vehicle is parked on the corner of Vieja Castilla and Pirineos Way. She suggested that the curb be painted red on that corner. In response to Mayor Lewis, Mr. Riddle said that the Fire Department has stated they have no concerns with emergency vehicles being able to maneuver within the traffic circulation in the cul-de-sac, if this project were approved. Mr. Riddle explained how the refuse trucks could maneuver within the cul-de-sac. In response to the Mayor, Ron Ball, City Attorney, explained that Council is not able to require the project be condominiums instead of apartments. He noted that there is no limitation under the law that would allow restrictions on the number of bedrooms that Council could approve within a project. Mayor Lewis opened the duly notice public hearing at 6:25 p.m. and asked if anyone wished to speak on this matter in any way. Tracey Wallace, 2630 Pirineos Way, appeal applicant, said she was representing her neighborhood. She explained their concern that approval of this development would set a precedent for the four remaining vacant lots on Pirineos Way. She said they are also concerned about the high density in this proposed development and asked if the number of units can be reduced. Ms. Wallace said that apartment rentals are not a compatible use in their neighborhood. She said that owner occupied townhomes would be more compatible with their neighborhood. Ms. Wallace said that the neighbors are concerned about parking and asked that the units have less than three bedrooms to help reduce parking needs. Ms. Wallace said maximum setbacks and reduction in October 2,200 1 Carlsbad City Council Meeting Page 3 building height on the project would result in a maximum amount of daylight and air circulation to reach the existing residents and would be a good buffer for the neighborhood. Ms. Wallace asked why the negative declaration was approved when the increased cars and people will negatively impact the current residents’ quality of life. She noted that that Pirineos Way is a steep street and is the only street into the neighborhood. Peter Rimmer, Unit 6, 2630 Pirineos Way, Orleans East Complex, said there are no apartment buildings in the area. Mr. Rimmer said that apartments are not compatible with the existing neighborhood. Mr. Rimmer noted that the General Plan requires nearby bus routes, employment areas, and open spaces for affordable housing units. Mr. Rimmer said that even though this project contains affordable housing units, the services and amenities required in the General Plan, do not exist near this project. Brett Wier, Unit IO, 2630 Pirineos Way, said the density on the proposed project is too dense and the project is not compatible with the neighborhood. Mr. Wier asked how the proposed project would be managed. He expressed concern for the negative impacts the proposed project would have on the existing neighborhood. Norman Dolnick, 2607 Pirineos Way, spoke regarding the negative environmental impact this proposed project would bring to their neighborhood. He said that this proposed project would result in increased traffic, would deteriorate air quality, and would increase noise pollution. Mr. Dolnick also expressed concern that fire engines will have a difficult time trying to get into the neighborhood because there is only one steep street into the neighborhood. Dr. Elliot Botvinick, 2563 Navarra Drive, Unit C, made a Power Point presentation (on file in the Office of the City Clerk) expressing concern for the current lack of parking in the neighborhood and the high density of the proposed project. He said the proposed project would negatively impact the existing neighborhood. Jess Marinez, 2565 Navarra Drive, Unit B, said the proposed project is not compatible with the existing neighborhood. He expressed concern that that the developer has not met the standards for low income housing, as identified in the General Plan. Mr. Marinez also expressed concern that the street is not wide enough to handle additional vehicles generated by the proposed project. Maury Davidson, representing the Costa Verde Condominiums, Navarra Drive, said this project would adversely affect the neighborhood by bringing in too many people and cars. Joe Collins, 2564 Navarra Drive, La Costa Kaye Condominiums, said they are opposed to the proposed project and agree with all of the concerns expressed at this meeting. Mr. Collins asked Council to deny the project, return the project to be redesigned, and protect the current residents’ quality of life. October 2,200l Carlsbad City Council Meeting Page 4 Council Member Nygaard asked if Mr. Collins’ Homeowners’ Association requires residents to park in garages. Mr. Collins answered that parking for their condominiums is underground. Christina Ortiz, representing La Costa Riviera, said they oppose the proposed project because of the density that would be added to the neighborhood. Wendy Borisoff, 7512 Viejo Castillo Way, President of her homeowners’ association, Flave LaCosta, (on the west corner of the proposed project), said they have 22 units with 44 parking spaces. She noted that the proposed project would have three bedrooms, but only two parking spaces per unit. Ms. Borisoff expressed concern that these additional cars will adversely impact the existing neighborhood. Alice Tillson, 2506 Navarra Drive, representing the 94 units in her condominium complex. She said there is one parking space per unit and parking spaces in the neighborhood is already at a premium. Ms. Tillson said that the proposed project would generate additional noise in the neighborhood. In response to Council Member Nygaard, Ms. Tillson said that residents in their condominiums park in the garages. Jack Boggust, 2581 Navarra Drive, representing Fairway South Homeowners’ Association, said they are opposed to the density of the proposed project. He said that 12 units, rather than 16 units, in the proposed project would be more appropriate. In response to Mayor Lewis, Mr. Boggust said they could support 14 units in the proposed project. Deborah Savicky, Unit 304, 2607 Pirineos Way, representing Sabrina Greens Homeowners’ Association, said the proposed project is too dense with three bedrooms and two car garages. She said there is currently limited parking in the neighborhood and this project would add to the parking problem. Ms. Savicky said that the proposed project would negatively impact the existing residents’ quality of life. Ms. Savicky said the developer should redesign the proposed project to 12 units, with a maximum of two bedrooms per unit. Mayor Lewis reiterated the City Attorney’s opinion that Council is not legally able to restrict the number of bedrooms within each unit. Ruth Solorio, 2563 Navarra Drive, a resident of Fairway South, described that their complex has underground parking and there is no room for storage. She noted that the Sabrina complex also has underground parking. Ms. Solorio said she was representing Tiffany, La Costa Fairway and La Costa Gardens Condominiums and they are opposed to the proposed development because of density issues. She submitted a petition (on file in the Office of the City Clerk) signed by people opposed to the proposed project. Ms. Solorio said the proposed project would negatively impact the current residents’ quality of life. Ms. Solorio noted that Assemblyman Mark Wyland held a meeting at which he spoke of the need for new condominiums in communities. October 2,200 1 Carlsbad City Council Meeting Page 5 Council explained that it is not legally possible for Council to restrict the number of bedrooms within a project and that state legislation is needed to address the issue. Council spoke of the importance of the condominium construction default legislation being approved by the state legislature. Darryl Clubb, said he is the developer and part owner and is representing the owner’s of the project, 7909 Sergeant Avenue, Suite 213, San Diego. Mr. Clubb reviewed correspondence dated September 18, 2001 (on file in the Office of the City Clerk), which he previously sent to Council, outlining his objections to the form, style and content of the appeal. Mr. Clubb said the appeal is not specific and he is hearing the neighbors’ concerns for the first time tonight. Mr. Clubb said that he has worked with staff and complied with all of the city’s standards and requirements. Mr. Clubb noted that it would be more economically prudent to exclude the inclusionary housing element of the project and pay the fees. However, Mr. Clubb said that the two inclusionary housing units would help the City meet their housing needs. Paul Ocheltree, Ocheltree Architecture, 200 Marine View Avenue, Del Mar, described the site plan. He said each unit would have a two-car garage with storage and laundry. There are also seven additional parking spaces in the middle of the project. Mr. Ocheltree described the noise mitigation features on the proposed project. He described the amenities of the project and of each unit. Mr. Ocheltree said that two of the sixteen units fulfil1 the inclusionary housing requirement He described the height of the proposed buildings. Darryl Clubb continued to review his correspondence dated September 18, 2001, previously sent to Council (on file in the Office of the City Clerk). Mr. Clubb has said that staff has indicated that the density difference between 14 units and 16 units on this project is statistically insignificant. Wiley Jones, legal representative for Pirineos Pointe, 12526 High Bluff Drive, #300, San Diego, noted that the adopted negative declaration states that this project will not create a traffic problem in the neighborhood. Mr. Jones said that the existing properties in the neighborhood are denser than the proposed project. Mr. Jones said that the proposed project has already been downsized from its original density. Darryl Clubb described his due diligence in determining the feasibility of the project. Per the City’s standards, Mr. Clubb said he provided staff with a substantially complete design in advance even of acceptance of the site development plan submittal. This process required engineering design, drainage study, infrastructure, improvement plans, grading plans and calculations. Mr. Clubb said he also provided a building layout to staff and has complied with all zoning requirements. Mr. Clubb said there is no justification to reduce the project from 16 to 14 units. Mr. Clubb said such density reduction would result in redesign of the project, additional expense and cause him to go through the entire approval process again. Mr. Clubb said the appeal is frivolous and without merit. Mr. Clubb spoke in support of the project. He said the project would create an excellent environment for a professional person or family. October 2,200 1 Carlsbad City Council Meeting Page 6 In response to Mayor Lewis, Mr. Clubb said that he did not meet with the neighbors. However, Mr. Clubb said he met with staff to ensure that he was following the city’s guidelines. Mr. Clubb that the neighbors’ concerns were first brought to his attention at the Planning Commission meeting. Afterwards, Mr. Clubb said he called several homeowners’ associations, but they refused to meet with him. Council Member Hall asked if there would be amenities for children. Mr. Clubb answered that each unit will have a small, walled yard; the clubhouse will have a kitchen and a meeting room. In addition, there will be a spa, swimming pool, barbeque and an equipped exercise room. In further response to Council Member Hall, Mr. Clubb said that the law requires an on- site manager for projects with over 15 rental units. He said the on-site manager would report to a professional management company. In response to Council, Mr. Clubb said he wished to retain a 16-unit project, even if the two inclusionary housing units were eliminated. Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing at 8:13 p.m. RECESS Mayor Lewis declared a recess at 8:13 p.m. Council reconvened at 8:19 p.m. with Mayor Lewis and all Council Members present, except Council Member Kulchin. PUBLIC HEARING: 3. AB #16,368 - SDP 00-16 - APPEAL OF PIRINEOS POINTE. (continued) Anne Hysong, Associate Planner, explained that the growth control point is the beginning density. The dwelling unit cap would not be exceeded as a result of the two low income housing units in this proposed development. The two low-income housing units are taken from the dwelling unit bank. Ms. Hysong said that the developer is required to designate 15% of the project as low-income housing. This requirement can be fulfilled on-site or off-site. Council Member Finnila explained the difference between and Environmental Impact Report and the Master Environmental Impact Report. In response to Council Member Finnila, Michael Holzmiller, Planning Director, presented a brief explanation of how density is measured, density range and what is appropriate density. Council Member Finnila explained that the Livable Streets Program is applicable only to new streets within the City. October 2,200 1 Carlsbad City Council Meeting Page 7 In response to Council, Ms. Hysong said staff did an analysis of the neighborhood and determined that 25-50% of the existing condominium units in the neighborhood are currently rental units. Ms. Hysong said there are five undeveloped lots in the neighborhood, including the lot owned by Mr. Clubb. Mayor Lewis noted that Council’s decision on this proposed project would be setting a precedent for the remaining four undeveloped lots. Mayor Lewis acknowledged that the developer had followed all of the city’s procedures and requirements, but said it is unfortunate that the developer had not met with the neighbors before processing the project. Mayor Lewis said it is appropriate for the density on this project to remain at the growth control point of 14 units. Council Member Hall agreed with the Mayor’s comments. Council Member Nygaard expressed appreciation to the Planning Commission for their efforts on this project. She noted that this project is an infill project and suggested that infill projects be looked at on a case-by-case basis. She expressed concern for the parking issue, but said it is inappropriate for the developer to pay for past mistakes. Council Member Nygaard agreed that the project should be built at the growth control point of 14 units, even if the on-site affordable housing units are not built. However, she noted that the developer would still be responsible for the two units of affordable housing. Council Member Nygaard spoke of the need for three bedroom units in Carlsbad. Council Member Finnila spoke of the importance of Council ensuring there is a balance of housing in Carlsbad and she said there is a need for apartments. Council Member Finnila said that because this is an infill project, the growth control point of 14 units on this project should not be exceeded. She asked staff to contact the appropriate people to repaint the golf cart lane striping. Council Member Nygaard asked staff to paint the curb red at the corner of Viejo Castello and Pirineos Way to help improve site distance for drivers. After discussion, Council concurred that the density for this project should be kept at 14 units instead of the requested 16 units. Council concurred that if a redesign by the developer is required, that the Planning Director will be authorized to approve the redesign, using the same architectural and design guidelines as on the original project. Ron Ball, City Attorney, said that Council needs to determine if there has been substantial relief granted on the appeal in accordance with Council Policy Statement 54. Mr. Clubb explained said this project has an unstable bank at the back of the property and the soils report explains that the bank must be removed and rebuilt. Mr. Clubb said the slope, in its existing condition, is unbuildable. Therefore, Mr. Clubb said he should be able to pull a permit to regrade his property, remove the slope and then calculate the area based on the entire partial. Mr. Clubb said the calculation would result in a density of 16.42 dwelling units. Mr. Clubb said early on in the approval process, he wanted to argue this point. However, Mr. Clubb said he was assured that the range of density October 2,200 1 Carlsbad City Council Meeting Page 8 stated in the zoning ordinance allows the growth control point to be exceeded with findings. Mr. Clubb said the inclusionary housing unit is a separate issue and is not a requirement within the growth control point. Ray Patchett, City Manager, recommended that Council act on this agenda item. Mr. Patchett said if Council denies the project, Mr. Clubb has the option of submitting a new application. Mr. Patchett said Mr. Clubb will not be able to negotiate a different approach to this project tonight. Mr. Clubb said it is inappropriate for Council to arbitrarily determine that Mr. Clubb cannot exceed the range of density. In response to Council, Mr. Holzmiller explained that the General Plan allows for density ranges. Mr. Holzmiller said it is entirely within the discretion of the City Council whether to allow any units over the growth control point. Mr. Holzmiller also said that the density application for this project was consistently applied as with other projects in the City. Mayor Lewis asked Mr. Clubb if he wished to make an adjustment on the density of the project and resubmit his application. Mr. Clubb asked for a recess. RECESS Mayor Lewis declared a recess at 8:51 p.m. Council reconvened at 8:56 p.m. with all members present, except Council Member Kulchin. PUBLIC HEARING: 3. AB #16,368 - SDP 00-16 -APPEAL OF PIRINEOS POINTE. (continued) Mr. Clubb expressed appreciation to Council for the recess. Mr. Clubb said he would be willing to accept 14 units and then pay fees for off-site inclusionary housing. Mr. Patchett recommended that Council vote on this agenda item and staff will address the details. ACTION: On a motion by Council Member Finnila, Council directed the City Attorney to return to Council with documents denying the appeal, providing that units are decreased from 16 to 14 units; that the Planning Director have final approval on the project of 14 units; that there has been substantial relief granted on the appeal in accordance with Council Policy Statement 54; and, that the appeal fee be refunded. AYES: Lewis, Finnila, Nygaard, and Hall. NOES: None. ABSENT: Kulchin. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING October 2,200l Carlsbad City Council Meeting Page 9 Mayor Lewis adjourned the Council Meeting to the Carlsbad Municipal Water District Meeting at 8:59 p.m. with all members present except Board Member Ku/chin. ADJOURNMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION MEETING President Lewis adjourned the Municipal Water District Meeting to the Carlsbad Housing and Redevelopment Commission Meeting at 9:00 p.m. with all Commissioners present except Commissioner Kulchin. RECONVENE THE CITY COUNCIL MEETING Chair Lewis adjourned the Carlsbad Housing and Redevelopment Commission Meeting at 9:Ol p.m. and reconvened the City Council Meeting. All Council Members, except Council Member Kulchin, were present. DEPARTMENTAL AND CITY MANAGER REPORTS: 4. AB #16,381 -STATUS OF PUBLIC OUTREACH PROGRAM FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VCSB THROUGH VC1 IA, THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT AND PAVEMENT OVERLAY - PROJECT NOS. 3182,3528, AND 3855. This item was referred back to staff. 5. AB #16,380 - POLICY ON WIRELESS COMMUNICATION FACILITIES. Scott Donnell, Associate Planner, presented the staff report. Council Member Hall asked that staff conduct a feasibility study of hiring an unbiased consultant who would review the applicant’s engineer report. Mayor Lewis noted that this issue had been previously discussed and staff will be returning with appropriate language. Council Member Finnila referred to Page 8 of the staff report, under “Review and Approval Guidelines, A2b”. She suggested that the following be deleted from A2b: ‘I . . . (except as noted in Location Guideline A.1 .). Council Member Finnila said that Item A2b should read as follows: “. . . b. Residential zones”. Council concurred. In response to Council, Ron Ball, City Attorney, said staff will return with appropriate language regarding a third party to review the applicant’s engineer report. Mr. Ball said it is not necessary to add this item to the resolution. October 2,200l ACTION: AYES: NOES: ABSENT: Carlsbad City Council Meeting Page 10 On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2001-305, adopting Council Policy No. 64 Establishing Guidelines for the Review of Wireless Communication Facilities, including the change on Page 4 of 9 in Council Policy Statement No. 64 under A2b from “b. Residential zones (except as noted in Location Guideline A.1 .).I’ to “b. Residential zones.“; and, Council adopted RESOLUTION NO. 2001-307, declaring Council’s Intention to Consider a Zone Code Amendment Incorporating the City Council Policy Statement on Wireless Communication Facilities. Lewis, Finnila, Nygaard, and Hall. None. Kulchin. COUNCIL REPORTS AND COMMENTS - None. CITY MANAGER COMMENTS - None CITY ATTORNEY COMMENTS - None ADJOURNMENT By proper motion, the Regular Meeting of October 2, 2001 was adjourned at 9:20 p.m. Respectfully submitted, Janice Breitenfeld Deputy City Clerk