Loading...
HomeMy WebLinkAbout1978-10-25; Planning Commission; ; CUP 118A - MAGEE HOUSE APPEALSTAFF REPORT DATE : October 25, 1978 TO : Planning Colnmiss ion FROM: Planning Department P SUBJECT: - CUP-l18(A) - Magee House Appeal The original approved CUP-118 permitted the use of the Magee site and house for public purposes provided certain public facilities were constructed. Recently the Parks and Recreation Commission made application to amend this Conditional Use Permit to permit the use of the Magee House for recreational uses and viewing items of historical value prior to completion of some of the required facilities. The Planning Commission on September 13, 1978, approved this amendment .and placed conditions requiring that the Magee House be used only for storage and office use pending the completion of all of the public facilities. The amended Conditional Use Permit also makes it clear that only after all public facilities are complete, can the Magee House be used for assembly type uses. However, the Parks and Recreation Commission appealed the Planning Commission's decision. The City Council on October 17, 1978, concurred with the applicant and has requested a report from the Planning Commission as required by the zone code. On the assumption that the City Council will approve the Conditional Use Permit, the Planning Commission should consider conditions that would be desirable, if any. The City council wishes that the Magee House be used for those activities proposed by the Parks and Recreation Department and Historical Society. The City Council feels that there is sufficient parking available using St. Michael's church parking lot across the street, which the City may use per agreements reached with the church. The City Council recognized the Planning Commission's concerns regarding the seemingly dual standards of requiring public improvements for private developments prior to occupancy but not always requiring the same for public projects. The City Council, however, recognizes a difference between City and private developments except prior to occupancy. For public uses it is the responsibility of the approving body (the city) to construct their own facilities. If they are desirable they will be done and only the timing is to be determined. Furthermore, some public facilities required for private developments can be guaranteed by bonds, whereas bonding is not available to the City. Therefore, the City must have flexibility of when to construct facilities. STAFF REPORT - CUP-l18(A) October 25, 1978 Page Two (2) In approving the appeal, the City Council stated this approval is no guarantee that the requested uses will be allowed opJ a permanent basis. At t a c hme n t s City Council Minutes dated October 17, 1978 Planning Commission Resolution No. 1469 Staff Report dated September 13, 1978 Recommendation Recommend to the City Council that CUP-l18(A) be APPROVED with the conditions that 1) the uses proposed for this building be approved by the City Council and that these uses will not; be of a nature that promote the congregation of great numbers ' of people or could possibly have a damaging effect on the structure such as carpentry shop , and tap dancing, 2) 2 the buildkg shall be inspected to meet all building and safety codes prior to occupancy, and 3) occupancy not be permitted until it has been determined that the construction contractor has met all obligations and has been released by the city. BP/ar 10/19/78 .2 y _. A . .. .- . CITY. OF CARLSBAD Couff CILME - B D Meetina of: CITY COUNCIL (Reqular) Time of Meeting: 6:OO P.Y. . Date of Meetina: October 17, !978 Place of Yeetina: Council Chambers DO1 ~ ~~~~-~~ -~ ROLL CALL: INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was Piven. APPROVAL OF MINUTES: (Approved by one motion) Vinutes of the regular meeting held October 3, 1978 were approved as corrected. Minutes of the adjourned repular meeting held October 10, 1978 were approved as corrected. CONSENT CALENDAR: Mayor Packard indicated that a written request had been received from Mr. Jack Estes to con- tinue Items #13 & #15, and that those items would therefore be removed from the Consent Cal endar. Councilman Skotnicki requested that Item #11 be. removed from the Consent Calendar. The following Items, with the exception of Item #11, #13, & #15, were approved by one motion, affirming the action on the Consent Calendar. A- . 1. MAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances before Council at this meeting. 2. AGENDA BILL #5603 - PAYMENT OF BILLS. Authorization was g3ven the payment of bills for the General Expenses of the City and for the Water Department as follows: City Opera-- tions $250,791.69; Water Department $19,107.34; Net Payroll Transfer $110,649.39; for a total o $380,548.42, as certified by the Director of Finance and approved by the Auditing Committee. 3. AGENDA BILL #5604 - RATIFICATION OF PAY- ROLL. Ratification was given the payment of the payroll in the amount of $164,667.93, for the period September 18, 1978 through October 1 1978, as certified by the Director of Finance and approved by the Auditing Committee. 4. AGENDA BILL #5554 - Supplement #1 - MODIFICATION OF DIGESTION TANKS NO.l and 3 AT ENCINA WATER POLLUTION CONTROL FACILITY - ~-~. ~ CONTRACT NO. 1055. Resolution No: 5554, accepting bids and awarding Contract No. 1055A for Items 1 & 3, to Don Hubbard Contracting Co. was adopted. Resolution No. 5555, accepting bids and awarding Contract No. 1055B for Items 2 & 4 to Bay City Marine, Inc. and Steel Con- struction, was adopted. ~ ~~~ " 5. AGENDA BILL #5339 - Supplement #2 -URBAN OPEN SPACE AND RECREATION PROGRAM .(SB 1.74 BLOC1 GRANT). Resolution No. 5556, approving the application for grant funds under the Roberti- Z'berg Urban Open-Space & Recreation Program, was adopted. I C - Y i I \ - a I I I 1 Pres Abse ~ Yo t i ~ Ayes Mo ti Ayes I D CITY OF CARLSBAD -2- q October - D51 145 1 E341 C811 c29 1 c961 c501 I391 c41 1 DO1 145 1 17, 1978 CONSENT CALENDAR (cont'd): 6. AGENDA BILL #5055 - Supplement #2 - CONTRACT NO. 1041. Council approved Change Order No. 1, accepting the work and directina CONCRETE REPLACEMENT AT VARIOUS LOCATIONS - the City Clerk to.rec6rd the Notice of Complet and to release bonds at the appropriate time. 7. AGENDA BILL #5605 - CARLSBAD CHAMBER OF COMMERCE SERVICES FOR FISCAL YEAR 1978-79. Resolution No. 5557, approving the annual stat ment of Carlsbad Chamber of Commerce services for Fiscal Year 1978-79, was adopted. a. AGENDA BILL #5606 - GIFT TO CITY FOR USE DURING CARDIOPULMONARY RESUSCITATION CLASSES. Resolution No. 5558, accepting a gift of one (1) Resusci-Baby to be used during cardiopul- monary resuscitation classes, was adopted, and staff was directed to prepare appropriate lett of appreciation. 9. AGENDA BILL #5607 - REQUEST FOR FUNDING- CARLSBAD SENIOR CITIZENS' ASSOCIATION. - Resolution No. 5559, amending the budget for the Senior Citizens' Center, was adopted. 10. AGENDA BILL #5608 - "YIELD" CONTROL: .- LUCIERNAGA ST. AT CAZADERO DR., LUCIERNAGA ST. -AT CORINTIA ST., AND UNICORNIO ST. AT XORIN'TIA - ST. Resolution No. 5560, designating "yield" control on Luciernaga St. at its intersection with Cazadero Dr., was adopted. Re.solution No 5561, designating "yield" contr.01 on Luciernag St. at its intersection with Corintia St., was adopted. Resolution No. 5562, designating "yield" control on Unicornio St. at its inter- section with Corintia St., was'adopted. 12. AGENDA BILL #5609 - REFUND OF OVERPAYMEN Council authorized the requested refunds of overpayment of charges made by the City. Spe- cific requests are on file in the City Clerk's Office. 14. AGENDA BILL #5611 - ACCEPTAN.CE OF DEED FROM A.E. REALTY PARTNERS. CT 73-29. Resolution No. 5563, accepting a grant deed from A.E. Realty Partners for easement for open space purposes, was adopted. 16. AGENDA BILL #5613 - CLAIM AGAINST CITY - ALTIMIRA MANAGEMENT #2 HOMEOWNERS ASSOCIATION. Resolution No. 5565, denying a claim against .. the City, was adopted. 17. AGENDA BILL #5182 - Supplement #2 - AGREEMENT. Resolution No. 5566, approving amendment No. 1 to a cooperative agreement be- tween the City of Carlsbad and CALTRANS for partial construction funding of bike lanes on Carlsbad Boulevard, and authorizing and direct ing the City Manager to execute said amendment on behalf of the City, was adopted. COASTAL BIKE ROUTE - EXTENSION OF COOPERATIVE I i e e a 7' " CXXJNCILME , r >. - CITY OF CARLSBAD .- . COUNCILME CONSENT CALENDAR (cont'd): 181 1 18. AGENDA BILL #5616 - RELOCATION ASSISTANCE ITEMS REMOVED. FROM THE CONSENT CALENDAR: C991 13. AGENDA BILL #5610 - OFFER OF DEDICAT-I,ON 1991 15. AGENDA BILL #5612 - ACCEPTANCE OF DEED FOR A PORTION OF THE FUTURE SYME DRIVE. FROM JACK ESTES - BOUNDARY ADJUSTMENT PLAT. at the request of the applicant. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 6:lO P.M. for the purpose of discussing liti- gation. Council reconvened at 6:30 P.M. with ..four members present. Mayor Packard announced -that litigation had been discussed and that no action had been taken. ITEMS REMOVED FROM THE CONSENT CALENDAR: [991 11. AGENDA BILL -#3406 - Supplement #1 - 145 1 PROPERTY OWNER IMPROVEMENT AGREEMENTS - CONSUL TANT CONTRACT - JUD NAIMAN. Councilman Skotnicki indicated that he had requested this item removed from the Consent Calendar for explanation and asked staff to summarize the matter for the public's benefit. The City Engineer gave a brief history of the matter outlining the three phases of the pro- ject, the scope of each phase, and reported on the progress made in each phase. Councilman Skotnicki inquired if staff intende to leave the project uncompleted, or if staff proposed to continue with the project by put- ting it up for bid again or by having City staff complete the project. \ ITY F k - D D N~.f!J&-=g -4- DEPARTMENTAL & CITY MANAGER REPORTS: Planning ~141 22. AGENDA BILL #5596 - Supplement #I - PUBLIC FACILITIES REQUIRING CONDITIONAL USE PERMIT - ZCA-100. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 9509, AMENDING TITLE 21, CHAPTE 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.42.010 TO REVISE THE CONDITIONAL USE PERMIT PROVISIONS REGARDING ACCESSORY PUBLIC UTILITY USES. (ZCA-100) ~1131 23. AGENDA BILL #5595 - ZONE CHANGE FROM R-1-7500 to R-P-Q- ZC-199 - JERRY BRYAN. The City Engineer gave a brief staff report 1978 to the City Manager and detailed the contents thereof. He then responded to Council's questions regarding his determina- tion that the flow from the photography studi would equal one EDU, and questions re the requirement of an Industrial Waste Permit. - and referenced his memorandum of October 13, In addition, Councilman Skotnicki requested a report from staff as to the method.to be utjlized in monitoring the flow rate. Following discussion, Council directed the . City Attorney to prepare documents approving ZC-199 as per Planning Commission Resolution No. 1471. Pub1 i c Works [92 1 24. AGENDA BILL #5577 - Supplement #1 - ENCI WATER POLLUTION CONTROL FACILITY - CARLSBAD'S CAPACITY. The City Engineer gave a brief history of the matter and referenced his memorandum of Octo- ber 10, 1978 to the City Manager and the ref- erence chart contained therein. Councilman Skotnicki explained in detail about past and continued concerns re the accuracy of the meter readings, and procedure followed to date in 0rde.r to arrive at the proposed figure. Following discussion,.Council directed the City Attorney to prepare a resolution estab- lishing a new EDU flow rate of 253 gallons per day per EDU, and accepted staff's recom- mendation and the advice of the Special Coun- sel and the City Attorney that the 640 EDU's be held in abeyance until.after the current litigation re claims on sewer,gapacity is re- solved. i ~ I Motion Ayes Motion Ayes Noes A - Motion Ayes ;! t; -5- B PUBLIC HEARI.NGS: [I 131 20. AGENDA BILL #5614 - ZONE CHANGE FROM R-1-10,000 to P-U (PUBLIC UTILITY) -. CITY OF CARLSBAD - ZC-200. The staff report outlining the history of previous action concerning the property was given by the Planning Director with the aid of transparancies showing the location of the proposed zone change. Council discussed the City's obligation, according to state law, to bring the zoning into conformance with its General Plan and possible repercussions of failure to do so. Mayor Packard declared the public hearing open ans asked if anyone wished to be heard on the matter. ~ Mr. Neil B. Shangold, 6751 Heath Court, a resident of Altamira, addressed Council in favor of the proposed zone change. He indi- cated that due to the City's obvious need for sewer expansion, a way should be found to bot facilitate the expansion of the Encina Plant, and eliminate the odor problem and suggested stipulations for consideration in this matter I Evlynne Griswold, 809 Caminito Azul, a member of the Board of Directors of the Altamira Homeowners Association, addressed Council in opposition to the proposed zone change. She presented a petition from Altamira Homeowners Associations #1,2&4, with the signatures of 478 members opposed to the rezoning. Mr. Oscar C. Orman, 807 Caminito Rosa, a resi dent of Altamira, addressed Council in oppo- sition to the proposed zone change. He ex- pressed opposition to changing the zone prior to resol'ving the od'or problems. D I Ann Ecklund, 6721 Oleander Way, a seven year resident of Altamira, addressed Council in opposition to the proposed zone change and expressed the feeling that another location should be found for the plant, in an uninhab- ited area of the City. Mr. Richard Mantel, 6737 Russelia Court, addressed Council. He spoke in oppostion to plant expansion prior to resolving current odor problems. Mr. Les Evans, the General Manager of the Encina Plant, addressed Council. He reported on the status of the plant and past and curre actions being taken to eliminate the odor. Mr. Evans continued explai'ning the benefits t would be derived from the expan,sion and up- grading of the facility. In ddbition, he ex- pressed the wjllingness to meet with the Assc ciations to respond to their concerns and questions. I F &S -6- October 17, 1978 Since no one else wished to be heard, Mayor Packard closed the public hearing at 8:40 P.M Following discussion, Council directed the City Attorney to prepare the documents ap- proving ZC-200 as per Planning Commission Resolution No. 1473. 21. AGENDA BILL #5615 - APPEAL OF CUP-I18(A) MAGEE HOUSE - CITY OF CARLSBAD PARKS & RECREA TION COMMISSION. Mr. Joe Eggleston, the Parks & Recreation Coordinator, presented the staff report ex- plaining the reasons for requesting use of the Magee House at this time. He then re- sponded to Council questions re safety prob- 1 ems. Mayor Packard declared the public hearing ope and inquired if anyone wished to be heard on the matter. Betty Wollrich, 4150.Skyline Road, a member of the Carlsbad Parks & Recreation Commission addressed Council. She commented on the great expense of providing facilities for pro grams and activities, reiterated safety and access factors, and concluded by commenting on the importance of getting citizens inter- ested in and participating in the Magee House as .soon as possible. Mr. Raymond Ede, 2600 Ocean Street, repre- senting the Carlsbad Historical Society, ad- dressed Council in concurrence with Betty I Wollrich's remarks. ~ Since no one else wished to be heard, Mayor Packard closed the public hearing at 9:lO P.M Councilman Skotnicki expressed concern about allowing continued use of the Magee House for recreation classes. I) It was moved and seconded that. Council concur with the appellant and return 'the matter to the Planning Commission for further report regarding the use of the Magee House for re- creational activities and classes. It was then moved that the motion be amended to reflect that the perm:ission to occupy the M,agee House, if granted, would not be guaran- teed on a permanent basis. Council directed staff to return this matter to the Planning Commi.ssion for further report on the use of the Magee House for recr,eationa activities and classes, with the understandin that there is no guaranty.that the use will be continued on a permanent basis. . c ... , F hS -7- October 17, 1978 DEPARTMENTAL & CITY MANAGER REPORTS: Pub1 ic Works E931 25. AGENDA BILL #5619 - SEWER ALLOCATION REQUEST CONSIDERATION FOR PROJECTS OUTSIDE REDEVELOPMENT AREA. D The staff report was given by the City Enginc who outlined the contents of his memorandum of October 12, 1978 to the City Manager. Council discussed the requests and agreed on the uniqueness of two of the applicants: Cal ifornia Aquaculture and the Carl sbad Montessori School. Since staff indicated that California Aquaculture could not make u! of a sewer permit in the time prescribed, it was the consensus of Council not to allocate sewer to the project at this time, but that it should receive special consideration in the future. Following discussion; Council instructed the City Attorney to prepare the necessary docu- ments allocating 2.3 EDU's to the Carlsbad Montessori School, and determined that the remaining 4.0 EDU's not be allocated until such time in the future that a new allocatio system is implemented. City Manager C741 26. AGENDA BILL #5618 -, MEMORANDUM OF UNDER STANDING WITH CARLSBAD FIREFI%HTERS' ASSOC1.A TION. It was moved that this matter be continued to the next meeting. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 9:45 P.M. for the purpose of discussina Meet and Confer matters. Council reconvened at 1O:g.Z P.M. with four Council members present The Mayor announced that Meet and Confer mat ters had been discussed and no action taken. D CITY CO.UNCIL ADDITIONAL BUSINESS: JAC - Councilman Skotnicki informed Council of the recent meetinq of the.management reorpanizat subcommittee. He explained the desires of t other members of the subcommittee with regar to creating a separate leaal entity for the operatson of the Encina facility. Council recognized Mr. Jack Kubota, speakina on behalf of the Encinitas Sanitary District Yr. Kubota addressed Council 'fsvoring the cr tion of a separate leaal entity. MciL&$z; I - ~ I Octobe CITY OF CARLSBAD CBCHSCILME .-g- Followinq discussion, it was the consensus of Council that Councilman Skotnicki proceed as previously aqreed by Council, favoring amend- ments to the existina aareenents consistent with the aareement of principles between the Mayors of Vista and Carlsbad. L4FCC Councilwoman Casler reported on her attendance at the rneetinc of the Library Board of Trustees Pine Field Liahtinq In response to questions, the City Manager gave a report on the li9hting situation at Pine Field. Callahan Task Force Report It was the consensus of Council that t'he matter be placed on the next agenda for Coun- cil consi-deration. Complaints Mayor Packard reported on numerous phone com- plaints received re live bands and loud music. "Following brief discussion, it was the consen- -sus of Council that the matter be placed on a future agenda with a staff report for Council consideration. . San Diego State University Yayor Packard referenced a letter from Bill Craven requesting support with reTard to a . North County Branch Campus of San Dieuo State University being placed back in the budget. Following brief discussion, Council expressed support and directed that a letter be sent to Yr. Craven notifyin? him of Council's support. ADJOURNMENT: By proper motion, the meeting was adjourned at 11:23 P.M. to Tuesday, October 34, 1978, at 7:OO P.Y. in the Council Chambers. Respectfully submitted, STAFF REPORT DATE : TO : FROM : SUBJECT: REQUEST : Backaround September 13, 1978 Planning Commission eK Planning Department MAGEE HOUSE CASE NO: CUP-l18(A) APPLICANT: CITY OF CARLSBAD REVISE APPROVED CONDITIONAL USE PERMIT FOR MAGEE HOUSE PUBL IC BU I LD I NG (CUP-118) TO ALLOW OCCUPANCY PRIOR TO COMMENCEMENT OF PUBLIC IMPROVEMENTS AND DEVELOPMENT OF ON-SITE PARKING LOT. Location and Description of Property The 2.1 acre site is located on the north side of Beech Avenue between Garfield Street and Carlsbad Boulevard. The site is flat, with several older trees scattered over the site. The Magee House and three out buildings are located on the site. Existing Zoning Project Site: 0-S North: R-3 East: C-2 West: R-3 South: R-3, C-2 Existing Land Use Project Site: Vacant and single family structure North: Single family residence, military academy, and motel South: Parking lot East: Commercial structures West: Single family residential Past History and Related Cases On April 28, 1976, the Planning Commission approved a Conditional Use Permit to allow for the remodeling of Magee House into a public building for office and assembly purposes. Conditions of approval included a requirement that a landscape and irrigation plan for the on-site parking lot be submitted for approval prior to issuance of building permits and that these items be installed prior to issuance of occupancy permits. Also required are pub1 ic street improvements along a1 1 street frontages, to be constructed by the City. These conditions are the subject of the present request. STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Two (2) Environmental Impact Information Requirements of the Carlsbad Environmental Protection Ordinance of 1972 have been fulfilled through prior compliance. A Negative Declaration of Environmental Impact was prepared by the County in connection with its administration of the Community Development Block Grant Program. that program. The Negative Declaration was granted for the following reasons : Restoration of Magee House will be funded through 1) This project proposes no grading or alteration of the existing topography; therefore, no adverse impacts on the physical environment a re foreseen. 2) No new construction is proposed; therefore, there will be no significant growth-inducing impacts. 3) The majority of the potential patrons of this center are in lower socio-economic brackets and many are handicapped. Because most of these individuals are located in the Center City area and do not possess auto- mobiles, this project will not indirectly generate significant amounts of motor vehicle emissions. General Plan Information The Parks and Recreation E neighborhood park (Table I in any of the elements for ement designates the project site for a , page 14). However, there are no guide the location or development of public bu i nes ldings. Pub1 ic Facilities All public facilities required to service the proposed use are available except the street improvements called for in the previously approved Conditional Use Permit. Major Planning Considerations 1) What new conditions, if any, should be applied if the request is to be approved? 2) Would approving the request amount to the granting of a special favor? Discussion The city is in the process of rearranging spending priorities due to recent legislation, namely Proposition 13. Carlsbad needs to economize in several areas. One area in which the city can save taxpayers dollars is in rents STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Three (3) paid for non city owned property. relocate some of their recreation programs to the Magee House as an economy measure. Parks and Recreation would like to A Conditional Use Permit authorizing the Magee House for such uses was granted by the Planning Commission in 1976 by Resolution No. 1241. However, as with most Conditional Use Permitls there were conditions of approval attached. The purpose of this application is to modify the Conditional Use Permit to allow immediate occupancy prior to fulfilling the conditions of approval. A copy of Resolution No. 1241 is attached as part of this discussion. Please note that with the exception of condition 4 there are no time requirements for fulfilling the required conditions. At this point it is difficult to guess what the Commission intended in 1976. Staff feels that as a minimum conditions 4 E 6 should be accomplished prior to occupancy. provide adequate on and off street parking and landscaping around the proposed parking lot. accounts for staff’s opinion. This would This would be required of a private applicant which It would be desirable to require public improvements and parking lot improve- ments within a period of time as a condition of occupancy. would mean that the Commission would be committing the Council to a course of action. Council has placed these requirements in the ‘78-79 capital improvement budget, but there is no present assurance that the improvements will be accomplished. It may be that this matter constitutes a policy decision for the Council to make, Normally these improvements would be required as a condition of occupancy. Or, some assurance, such as a bond, would be required to guarantee compliance within a specified period of time, To allow occupancy without them could be construed to be a granting of a special favor. Assurance of these improvements can only be given by the City Council. However, that Staff Recommendation Staff reconmends that the Planning Commission consider all of the information available and the testimony given at the public hearing and take one of the following actions, 1) Approve the request for occupancy of the Magee House subject to the following conditions a) Magee House shal until the condit have been fulfil ‘off ice use, not be used for assembly type uses or purposes ans of Planning Comission Resolution No. 1241 ed, Magee House may be used for storage and STAFF REPORT - MAGEE HOUSE September 13, 1978 Page Four (4) b) Prior to any occupancy Magee House shall be inspected by the Fire Marshall and the Building Inspector to insure compliance with applicable codes; or, 2) Approve the request for occupancy subject to conditions other than those proposed by staff; or, 3) Deny the request for occupancy; or, 4) Continue consideration of this item (date to be specified in the Planning Commission motion). DLR/a r 9/8/78 Location Map Resolution No. 1241 0 ,el -- .a P m 3 r 0 ! s s ...._. .- . ... * ;-. I .- . '. ?:: ...< ?.. .- .... . . .. . B~ECH .. f 9-27-78 AVE. \ FORM PLANNING 52