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HomeMy WebLinkAbout1978-11-29; City Council; MinutesCITY OF CARLSBAD ~. WNGf LMEf .I Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Time of Meeting: 7:00 P.M. Date of Meeting: November 29, '1978 Place of Meeting: Council Chambers ROLL CALL: 11131 . AGENDA BILL #5654 - Suppl'ement #1 - MASTER PLAN AMENDMENT FOR LAKE CALAVERA HILLS. Mayor Packard announced that the public hearing on the matter was still open. He referenced the memorandum from the Planning Director to the Council, dated November 16, 1978, re the Policy Issues, and indicated that Council would discuss the items not covered at the adjourned regular meeting held November 28, 1978. MODIFIED CONDIT.IONS: . Condition B-13 Public Open Space Mr. Ed Hayworth, representing the 'appl ican.t:: addressed Council on this matter. He ind-icated that the applicant's proposal and the recommen- dation of the Planning Commission is .that a maintenance or benefit district be formed to improve and maintain the public open spaces so that there would be no financial impact on the other citizens of Carlsbad. Mr. Hay,worth. then responded to questions from Council as to the figures given by the applican :.-re maintenance costs for open space areas, the ownership of the open space areas, and the matt of liability re those areas. .Mr. Roy Ward, 3088 Pi0 Pico, the applicant, addressed Council on the matter.. He indicated that the proposed maintenance district would Council discussed the possibility of accepting staff's recommendation for the maintenance by a homeowners' association, but giving the appli cant the right to return to Council at a later legally feasible. Mr. Ed Schick,. 2505 Highland Drive; a member of the Planning Commission, addressed Council on the matter. He indicated that the Planthing mendation of forming the maintenance district. open space areas. 7 t D November 5 CITY OF CARLSBAD _. . COUNCILME1 Following discussion, Council concurred with staff's recommendation and appu'oved condition B-13 as contained in Item #4 of the memorandum of November 16, 1978, with the addition of a clarification that said property would not be open for public use until such time as the offer of dedication had been accepted and the maintenance taken over by the City. Following additional discussion, it was the con sensus of Council that the trail system be improved by the developer, with the boundaries to be determined at the~time the matter is considered by C.ounci1. Condition B-14 5. - Private Open Space -i The Planning Director gave a brief report .a& explanation of the private open space w.i.bh fhe use of transparencies. Mr. Hayworth, representing the applic'ant, in'di cated that the applicant concurred with the staff recommention re this condition.. Council concurred with the condition as suggested by staff as contained in Item #5 of the memorandum of November 16, 1978. ADDITIONAL CONDITIONS: (Re Conditions 13 & 14) 4. Parks Agreement A brief staff report was given ,by the P1anni:ng Director, referencing pages 27 and 28 of the staff report. He indicated the City Attorney had recommended the implementation of a formal "parks agreement" between the City and the landowner to carry out the requirements of conditions 13 and 14. He also referenced the Planning Commission recommendation that the applicant dedicate 20 acres to be used for park ptwposes and im- prove the parks, and that each subdivision be required to pay park-in=lieu fees under the Quimby Act, which would be used to reimburse the applicant for improving the parks.. Council inquired if the dedication of 20 acres for parks would fulfill the parks requirement for Lake Calavera Hills, and was informed that it would. The City Attormey commented that whether to require land or park in lieu fees under the Quimby Act is a policy matter for Council's consideration, and that either would be legal1 feasible. ,_ ... CITY OF ClAKL3BAL.J : .~ . &. "3- and the parks would be improved simultaneously, and that the cost of improving the parks wou1.d be reimbursed to the applicant. Mr. Roy Ward, 3088 Pi0 Pico, the applicant, addressed Council in concurrence with Mr. Hayworth's comments. Mr. Fred Morey, 2623 Abedul, representing the La Costa Land Company, addressed Courrcil. re this matter. He indicated his disagreement with staff's recommendation, and questioned whether park-in--lieu fees could be collected It w.as the consensus of Council that the makter .be continued for reports from the City'Attorney RECESS: . . .members present. .MODIFIED CONDITIONS: .. Condition B-12 1. Land for Pub1i.c Facilities (Village E-2). It was thexonsensus of Council to concur with staff's r-ecommendation as contained in the memorandum of November 16, 197.8, with the under.. standing that an acre of land 'within .Village E-2 be set.a-side for future purchase by the Cit.' for public facilitie-s. purposes, and that the land be. apprai.sed at its current value and the would not have to purchase it at a future in- f 1 ated price. Condition B-8 . .. -. fee established at that value, so that the City B .. ' 2. Land for Park Purposes (Village R-2) Mr. Hayworth, representing the applic'ant, indi- cat.ed that the applicant had agreed to the con- 1 dition as recommended by staff in the mernorandur I " 3 48 - e i i -. "" - "" , .. ~ . , . :, __ . ... ........ .. ... .. . .,. . " .__". .. ~ .... . .- .. ... I-. ... ... ..... .... - .. .... .,~ .... -,. . -... ... ........... .... ....... j. : ......... . ' . ._"_ .: .'. ... .- ... ___ ..... *"LC . .". .4.,"-... .- ........ - ~" .... <- "_"" .... ....... ........ ! , . ._ . .I . .. ... ... .... .^ .. ..... .I __i ....... ".T_,.-,.-F-+ ............... .: ...... ~. ,.. .. ..-a. j._:_._ ........................ .-._ . . .. ' .. .......... ;%&.:.-;. ..2.cr.?2,:?::::.:, ..... :+> >.-; . . CL">. ~ . ' -A- .'" '; ._ ... .. .... .. .. ...... . __i -: 1 ' - .. .... .;'.I .; . i.. _. .. - ._ .~ *: .:::. .:. .: - -..~ :+ . .-. CITY ut- LAKI3tJHV. . .- . -4. I . -4- November 29, 1978 ... .. .. D It was the consensus of Council to accept the condition suggested by staff as contained in the memorandum of November 16, 1978, with additional wording in the second sentence to read as follows: "If the City determines that the site is not necessary for park purposes connected with the development of Lake Calaveri Park, the underlying zoning development standal for Village R-2 shall change from 0-S (CUP) to R-1 (PUD) and allowed to develop privately", as suggested by Councilman Skotnicki. I DELETED CONDITIONS: 1. Development - Vi1 lage K I I ~ ~ I i Staff indicated their recommendation to.retain this condit.ion-which had been deleted3y the Planni'ng Commission from Resolution #1481. . :: ~ ,Mr. :Hayworth, representing the applicabt-, i%di cated the feeling that this requirement is ..-. too.restrictive at this time in that Council has not yet adopted the Housing Element of-.' the General Plan. He add.ed that the 'applican-t felt this matter should be. considered once the Housing .Element is completed. Following discussi.on, it was the consensus of e( - . ;..-- ,-Counci-l that the condition as suggested by ::apartments in Village K be tied to the Housing ..: staff be retained, and tha.t the number of Element when it is completed. .. '2. Housing Program - Villages E-2, .K & L .' Staff indicated their recommend8tion to retain this condition which. h.ad been deleted by the Planning Commission from Resolution #1481. - . .Mr. Hayworth, representing the applicant, indicated the applicant's question re Council' interpretation of the. words "low-income housim . and "housing for the elderly"l.,, He suggested that this type of program could be handled by the City through 'the Housing Element -of its General. Plan. , ' .. .. Councilman Skotnicki and councilman Anear con- curred with- Mr. Hayworth's comments that the Ci,ty should handle this through completing the Housing Element of its General Plan. Following discussion, Council concurred with staff's recommendation to retain the condition as contained in the memorandum of November 16, 1978 subject to changes to read as follows: "Prior to City approval of Villages E-2, K or L, the applicant shall submit a program to provide low-income and mo,derate hous,ing and housing for the elderly to the satisfaction of the City in. consistence.with the Housing Pr-ogram, and that if approved; it would be incorporated as part of the Master Plan and 1 and use approval s. B-. ..... a 349 - Mot AY e - - . . -. - -. - .~ ....... ..... .. .. ., .. .. ...... ... _. .. .~ . ., ., ._ . -. . .1.., __ . - . . L :.,:. ~ : . "L - . . . ,.-, .._* - .... .. , , .I _._. ". , . .. .... .... " ..... ." .j - __.. ... I ... ... ... ... . . _.__ :_ -_ ,~.~_ 5 ....... ,:. ... . , ." ..... ......... ..... ... - __ ..-. , ,?<*-.-"":. . I ' ' -<i< -.^ " . . ~ ." "" ....... ..... .. ~.-~~~~=-~.~,"-:~~-.~- . ~. .?. - ,.__ ... ... .. .. . <. .;,. . :. -. ~."-.:~-"~~~=~~:~,-~, -,;....; ,.&.::-:. . .... ....A .:I-. '"'+a-'.L" j : I. .... , .- - ..... .. .. .- ~ .-. . . .- . 1 CITY OF CARLS COUNCILME -5- ADJOURNMENT: By proper motion, the meeting was adjourned at 10:25 P.M. to Tuesday, December 5, 1978 at 6:OO P.M., in the Council Chambers. Respectfully submitted, D ALETHA L2AdfLbpfl*.. L. RAUTENKRANZ, City Clerk Karen R. Stevens, .Recording Secretary I .e B I . ~. .. .