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HomeMy WebLinkAbout1978-10-03; City Council; Resolution 5550RESOLUTION NO. 5550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS IN THE LAKE CALAVERA HILLS AREA AND TO AVEND THE TEXT IN FSGARDS TO SEWER SERVICE AVAILABILITY AND SATELLITE SEWER TREATMENT PLANTS. GPA-51 (A) , GPA-51 (B) ROY WARD; GPA-52 and GPA-53 CITY OF CARLSBAD. WHEREAS, the Planning Commission did hold duly noticed public hearings as prescribed by law to consider amendments to the Land Use Element of the General Plan on July 12, 1978 (GPA-51(A)) and August 9, 1978 (GPA-51(B), (GPA-52) and (GPA-53) : and WHEREAS, The Planning Director has determined that GPA-52 (Sewer Service Availability) and GPA-53 (Siting Satellite Sewer Treatment Plants) will have a nonsignificant impact on the environ- ment and a Negative Declaration has been prepared and filed. An Environmental Impact Report has been certified for GPA-51(A) and 51(B),all in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; and WHEREAS, the City Council, on September 19, 1978, held a duly advertised public hearing to consider said amendments and at said time received the recommendations, objections, protests and comments of all individuals and parties who desired to be heard; and T/JHEREAS, the City Council, after considering all the proposed changes to the land use element, directed the City Attorney to return with the documents necessary to accomplish the amendments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 0 a 19 20 21 22 23 24 25 26 27 28 A. That the above recitations are true and correct. B. That this resolution and GPA-51(A), GPA-51(B), GPA-52 and GPA-53 are a11 part of a single amendment to the land use element of the General Plan. C. That the findings of the Planning Commission as set forth in Planning Commission Resolutions No.1456 (GPA-51(A)), No. 1464 (GPA-51(B)), No. 1457 (GPA-52) and No.1463 (GPA-53) constitute the findings of the City Council. D. Tmtthe land use element of the General Plan is amended as follows: 1. GPA-51(A) and 51(B): Change the land use designations on approximately 800 acres of land generall>y located east of El Camino Real and south of Highway 78 within the Lake Calavera Hills Master Plan as shown on the map marked Exhibit B, GPA-51(B) Proposed Land Uses, attached hereto and made a part hereof, 2. GPA-53: The Land Use Element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page 28, to read as follows: I' (6) Public Utilities. The General Plan contemplates that primary public utility facilities will be located in areas that are classified "U" (Public Utilities). This category of land use designates areas, both existing and proposed, either being used or which may be considered for use for public or quasi-public functions. Sites delineated with precise boundaries represent existing sites or sites which have been precisely fixed by General Plan Amendment for primary functions such as the generation of electrical energy, treatment of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community. Sites identified with a circular "U" designation indicate that the City is studying or may in the future evaluate the location of a satellite waste water treatment facility in an area which could be located within 2. 19 20 21 22 23 24 25 26 27 28 a one kilometer radius of the designation. Specific siting for such facilities shall be accomplished only by a change of zone, specific plan adoption, or master plan approval for developments in the Planned Community zone or other similar actions adopted by ordinance which in any case shall be approved only after duly noticed public hearings. 3. GPA-52: Amend the Land Use Element of the Carlsbad Zeneral Plan by the amendment of Section IV(b) by the addition of Subsection (6) Sewer Availability, to read as follows : "(6) Sewer Availability. Due to the events largely beyond the control of the City of Carlsbad, the City has no capacity rights in the Encina Sewage Treatment Plant available for new development. In effect, sewer facilities are not available for any development to be constructed within the City of Carlsbad. This unavailability is expected to continue for the foreseeable future. As a result of a lack of sewer facilities, the City Council has determined that it is necessary to condition further development of the City pursuant to this land use element on the provision of adequate sewer facilities. All of the designated land uses contained in this element shall be inoperative until such time as the City Council determines that sewer facilities are available to serve the property. The availability of sewer service will be determined by the City Council in accordance with such a Sewer Allocation Plan as the City Council may adopt. Outstanding developmental approvals shall not be exercised and new develop- mental approvals shall not be given unless the proposed project qualifies under a sewer allocation system. Notwithstanding anything to the contrary in the general plan, developments may not occur in the City of Carlsbad regardless of the land use designation or other approvals which may have been obtained unless the City Council gives its approvals for such development in accordance with such a Sewer Allocation Plan as the City Council may adopt. I' 3. 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of 1978 by the following vote, to wit: October f AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None ABSENT: None Councilwoman Casler ATTEST: (SEAL) 4.