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1988-06-26MINUTES OF SPECIAL CITY COUNCIL MEETING, JULY 26, 1988, 7:00 P.M., 535 ENCINITAS BOULEVARD, SUITE 100, ENCINITAS, CALIFORNIA 1. CALL TO ORDER / ROLL CALL Mayor Shea called the meeting to order at 7:14 P.M. Present: Mayor Richard Shea, Council Members Marjorie Gaines, Greg Luke, Anne Omsted, Gerald Steel. Also Present: City Manager Shafer, City Clerk Pool, Public Works Director August, Administrative Services Director Benson, Community Development Director Murphy, Community Services Director Wigginton, Senior Office Specialist Hollywood. There being a quorum present, the meeting was in order. 2. PLEDGE OF ALLEGIANCE PROPOSED GENERAL PLAN/LOCAL COASTAL PLAN FOR THE CITY OF ENCINITAS. ae Proposed Land Use Element Policy Map for the Leucadia CAB Area. Community Development Director Murphy reviewed the upcoming schedule of City Council General Plan Public Hearings and the public speaking rules and procedures listed on the back of the agenda. He stated that Council at its 07/20/88 Study Session expressed the desire to hear only one CAB area per meeting. Therefore, this meeting when adjourned would be adjourned to August 3, 1988, 7:00 P.M. in the City Council Chambers for the Public Hearing for the Old Encinitas CAB Area. (For area references below see "General Plan/LCP/Zoning Code Issues Report" dated 07/19/88, attached hereto and made a part hereof.) Area 1 There were no public speakers. Area b Samuel Blick supported general commercial with conditional use permit. Helmut Kiffmann opposed designating Area b for any type of commercial use and supported changing the designation to mid- range residential. He urged Council to designate Area a to something other than commercial. Area 2 There were no public speakers. SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 Area 3 There were no public speakers. Area 4 Sam Miller and Ricky Slessinger, representing Friends of Leucadia, supported the Planning Commission's recommendation of 3-5 DU/ac. Area 5 Ken Valone, Trailer Rancho, expressed concern with the Planning Commission's recommendation of 11-15 DU/ac which would reduce the zoning from the '86 County General Plan even though it recognized the mobile home park with MHP 15-25. He supported 15-25 DU/ac as the designation for the property to safeguard the density for future land use should the Mobile Home Park cease to exist. Area 6 Cameron Goodsell, on behalf of his parents Harold and Paula Goodsell, stated that designating Area 6 for single family residential would be incorrect since it would not be in harmony with surrounding properties and opposed downzoning to 3-5 DU/ac. He supported the current RV-11 zoning and 10.9 DU/ac. He further stated that out of 75 properties only 11 were single family dwellings. Area 7 There were no public speakers. Area 8 Kathy Kirk opposed the Planning Commission's recommendation of 3-5 DU/ac since 60% of the dwellings on Hermes would then be substandard. She supported 5-8 DU/ac. Bob Bianco, of Bianco & Addison, supported the Commission's recommendation of 3-5 DU/ac. He maintaining 8700 sq. ft. as the minimum lot size. Planning supported Betsy Schreiber questioned the existing density figures for Areas 8, 10, and 11 and stated those areas do not conform to the proposed densities. Kathleen Dennis opposed the proposed downzoning of Area 8. She stated the importance to flower growers of preserving existing densities and urged Council to rethink their positions for the good of the neighborhood and the community. 07/26/88 PAGE 2 MTG. #88-34, BOOK 2, PAGEI~I SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 Area 9 There were no public speakers. ~rea 10 Harold Grossman asked Council to consider a mobile home overlay use as opposed to an underlying mobile home park use. Milton Nims stated that his property at La Costa Boulevard and Highway 101 had been designated public/semi-public in error. He urged Council to help in rectifying the situation. Fred Schreiber supported 11-15 DU/ac in Area 10. He opposed density of 3.5 DU/ac in Area 11 and stated that staff's comment that the existing density in Area 11 was 3.5 DU/ac was incorrect. Council directed staff to clarify the existing densities in Areas 8, 10, and 11. Area 11 Darrell Palmer stated he was opposed to the downzoning of Area 11 to 3-5 DU/ac. He also stated that the 500 Block of Hermes was currently zoned RV-11 and downzoning would result in almost all of the block becoming non-conforming. He proposed a designation of 5-8 DU/ac. Kim Hunter concurred with Darrel Palmer's statements and further stated that there were errors on the General Plan Existing Residential Densities Map. She opposed 3-5 DU/ac. Area 12 There were no public speakers. Area 13 Andrew Wilt Commercial. residential. opposed designating Area 13 visitor Serving He supported designating Areas 13, c, and d as Jill Upton supported designating Areas 13, c, and d as residential. She opposed any commercial designation. Joe Sandy, representing the Cannon Property, stated that Area 13 was physically separated from all other properties in that area and supported designating Area 13 Visitor Serving Commercial. Helen Brooks opposed any commercial designation in Area 13 and Area C. She supported residential. 07/26/88 PAGE 3 MTG. #88-34, BOOK 2, PAGE I~'~' SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 Frank Denison opposed designating Area 13 Visitor Serving Commercial. David Jerse and Gary Ruyle, representing Mr. and Mrs. Charles Therrien, opposed designating Area c Visitor Serving Commercial. They supported Areas c and d being designated residential. David Keltner, also representing Mr. and Mrs. Charles Therrien, spoke on Area d and stated that if Mr. Therrien were able to gain access from Skyloft he would make available the lower portion adjacent to La Costa Boulevard for a park site. Steve Locko opposed Visitor Serving Commercial designation for Area 13 and Area C. He supported residential designation for Areas 13, c, and d. David Hill, Skyloft Association, opposed Visitor Serving Commercial designation for Area 13 and Area c. Gayle Bustillos opposed designating Area 13 and Area c Visitor Serving Commercial. She supported designating Areas 13, c, and d residential and suggested the need for an environmental impact report because of wildlife and an indian site in the canyon. Dolores Welty opposed any commercial designation in Areas 13, c, d, and e. She expressed the following concerns associated with a commercial designation: impacts of grading that would be necessary, damage to bluffs, neighborhood compatibility, safety, protection of Batiquitos Lagoon, and expressed the desire for no street lighting. Sheila Cameron opposed any type of commercial designation in Areas 13, c, d, and 14. Karen Kaden opposed any commercial designation in Areas 13, c, and d. She stated a commercial designation would impact traffic, increase noise and pollution, increase crime, and would be detrimental to existing wildlife. Area c Jack Fox opposed designating Area c Visitor Serving Commercial. Werner Von Gundell, representing McMurphy Development, supported designating Area c visitor Serving Commercial with a conditional use permit and design review process. Michael Murphy, owner of property in Area c, supported designating Area c Visitor Serving Commercial and stated his 07/26/88 PAGE 4 MTG. #88-34, BOOK 2, PAGE SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 desire to create a five star European style inn and restaurant on the property. Marvin Gamza, Skyloft Association, opposed designating Area c Visitor Serving Commercial and expressed a desire to maintain neighborhood compatibility. Herb Rosenthal opposed a Visitor Serving Commercial designation for Area c. Claire Slatterly said she was opposed to designating Areas 13, c and d visitor Serving Commercial. Frank Denison presented 150 signatures opposed to a Visitor Serving Commercial designation for Areas 13, c, d, e, and 14 and supported designating these areas residential. Area E David Moore, La Costa Farms, stated that the area was not appropriate for residential use and that the existing use was La Costa Farms. He stated La Costa Farms was in support of the portion of the property near the intersection being zoned limited commercial or rural commercial with a conditional use permit. Chris Platis, La Costa Farms, supported zoning Area E for limited commercial use or for some use that would allow La Costa Farms to continue its operation. Chris Kolb spoke in favor of designating the area to allow La Costa Farms to continue its operation and stated the possibility of a limited commercial or rural commercial designation with a conditional use permit. James Waggaman spoke in support of La Costa Farms remaining in operation. Mark Anthony Mollica urged Council to remember the reasons for incorporating and supported a designation allowing La Costa Farms to remain in operation. Area 14 William Kovach opposed the downzoning of Area 14 since it would impact agricultural/greenhouse use and said the area does not conform to the proposed density. He urged Council to keep the existing zoning at 4.3 DU/ac. B. Smith opposed the downzoning of Area 14 because the area does not conform to the proposed density. 07/26/88 PAGE 5 MTG. #88-34, BOOK 2, PAGE~ SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 Stewart Walton supported the General Plan Proposal density for Area 14, opposed any office/commercial designation in Area h, and supported the General Plan Proposal for Area g. Area David Pruitt urged Council to maintain existing density of 4.3 DU/ac on the western portion of Area g. David Pruitt, representing the Flower Growers Association, stated that to the best of his knowledge, there were no members of the Flower Growers Association who wished to upzone; their desire was to maintain their existing land use and zoning. Mayor Shea called a recess from 10:37 P.M. to 10:55 P.M. General Comments Arthur Phillips, a flower grower, asked Council for an upgrade on his property which is located north of the Ecke property, at the corner of Blue Herron and Bella vista Drive, immediately across the street and to the east of Lagoon Views. He stated that the current zoning was hard to determine as he had been given several different figures. He further stated that he would not have a problem with 2-3 DU/ac as stated on the specific plan. Mike Borders, representing Patrick McClean, stated the property he was representing was south of Milton Nims' property and north of Sea Bluff Village development, and was one of three lots designated as either open space or public/semi- public. He requested Council to redesignate and rezone the property for Visitor Serving Commercial. Council stated that a determination could not be made until the state released the property back to private ownership. Richard Kelly expressed his opposition to the downzoning of Area 11 as it would create several non-conforming structures. Eric Anderson, representing his family's retail nursery in Leucadia, urged Council to provide a designation which would allow his family and other retail nurseries to remain in business but stated he would be uncomfortable with a Visitor Serving Commercial designation. Dennis Kaden, General Plan Ad Hoc Committee member, presented some rationale, clarification, and justifications for the Ad Hoc Committee's recommendations on several of the project areas. 07/26/88 PAGE 6 MTG. #88-34, BOOK 2, PAGEI~5 SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 Robert Barelmann spoke in support of the Planning Commission's recommendation to designate the property at the southeast corner of La Costa Boulevard and Highway 101 as general/commercial. Jerry Dawson, representing Mr. Piat, spoke in support of designating Mr. Nims' and Mr. Borders' properties visitor Serving Commercial. Fay Round supported Mr. Dawson's comments and stated that clarification of easements was critical to the General Plan. Harry Couglar, General Plan Ad Hoc Committee member, presented some rationale, clarification, and justifications for the Ad Hoc Committee's recommendations on several of the project areas. Mayor Shea closed the public hearing at 11:40 P.M. Council Member Omsted expressed concern that James McPherson Park located on Leucadia Boulevard and I-5 was designated public/semi-public. However, she said she felt the site was totally useless as a park. She stated that the County had stated it would be possible for the City to sell the property and use the proceeds to acquire other park land in Leucadia. She asked that this issue be resolved before the General Plan was adopted. Deputy Mayor Steel stated he felt the park did serve a significant purpose by maintaining and protecting a rural appearance along the I-5 corridor. Council Member Luke stated the parcel of land next to the hotel at Leucadia Boulevard and I-5 was designated commercial and that in relation to the hotel it should be included under Area 14. Council Member Omsted stated the area next to the service station at I-5 and the north side of La Costa Boulevard should be looked at for an intensely controlled visitor Serving Commercial as long as it would not impact the neighborhood. The Council continued Areas b, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, a, 13, e, 14, g, and h for future Council discussion. The Council concurred with the General Plan Proposal and the Planning Commission's recommendation for Area 1 and Area 3; concurred with the General Plan Proposal for Area c and Area d; concurred with the General Plan Proposal and Planning Commission's Recommendation for Area e, with the possibility of minor use permits; and concurred with the Planning Commission's recommendation for Area i. 07/26/88 PAGE 7 MTG. #88-34, BOOK 2, PAGE~ SPECIAL CITY COUNCIL MEETING MINUTES 07/26/88 4. ADJOURNMENT At 12:20 A.M. Mayor Shea declared the meeting adjourned, as stated earlier in the meeting, for a public hearing on the Old Encinitas CAB area, to August 3, 1988, 7:00 P.M. Richard P. Shea, Mayor E. Jan~~eo~lerk By: Kathy Hollywood, Senior Office Specialist 07/26/88 PAGE 8 II II II I I 0 0 la o301 A II ~ II ! o ~ § o.~.~ 0 ~q I I u'l '08