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Home My WebLink About1979-01-10; Planning Commission; Resolution 1486ll w e 1 2 3 4 5 6 PLANNING COMMISSION RESULUTION NO. 1486 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARESBAD REXOMMENDING APPROVAL OF A ZONE CODE AMENDJ!4ENT TO TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.49 TO ZMPOSE A MORATORIUM ON DEVELOPMENTAL APPROVALS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS CASE NO: ZCA-103 APPLICANT : CITY OF CARLSBAD 7 €3 WHEREAS, the Planning Commission of the CIty of Carlsbac 9 did hold a duly noticed public hearing on December 13, 1978, 10 to consider the subject amendment: and 11 WHEREAS, the Planning Commission received all testimony 12 upon hearing and considering all factors relating to Zone COC 13 arguments, if any, of all persons who desired to be heard, ar The present planning moratorium was originally establisk 15 Amendment-103, found the following facts to exist: 14 by the City Council, along with a moratorium on the issuance 16 building permits, April 25, 1977. The Council action was an interim ordinance adopted as an urgency measure and will expi 17 in April, 1979. 18 19 20 21 22 General Plan Amendment 52 (Resolution No. 5550, October 1978) amends the Carlsbad General Plan Land Use Element to re nize the fact that sewer service is essentially unavailable i the City, and conditions future development on the provision adequate sewer facilities or in accordance with such a Sewer Allocation Plan as the City Council may adopt. Zone Code Amendment 98 (Ordinance No. 9508, Octover 3, 1 conditioned development on availability of sewer services. 23 24 A declaration of Negative (Non-Significant) Environmenta Effect has been issued on this project for the following reas 1. The proposed project is merely a recognition of existing 25 policy and conditions in the Carlsbad Zoning Code. 26 2. The Zone Cede Amendment is a response to a shortage of 27 tection of the public health and safety. sewer treatment capacity, and is being proposed to insure pro 28 I1 -1- w e 1 WHEREAS, the Planning Commission, by the following vote 2 APPROVED ZCA-103 to read as follows: 3 11 “CHAPTER 21.49 4 11 PLANNING MORATORIUM 5 ji Sections: 6 7 21.49.020 21.49.010 Purpose and intent, 21.49.030 Sewer Allocation System. Planning Moratorium, 8 9 10 11 12 13 14 15 16 17 18 19 /I 20 I I 21 22 23 24 21.49.010 Purpose and intent. (a) Based on a series of repc the City Council of the City of Carslbad has found that the C has reached its sewage treatment capacity rights in the Encir Water Pollution Control Facility. In view of the fact that s service was, in most cases unavailable, to serve potential bx in the City, the City Council added Chapter 18.05 to the Munj Code to impose a moratorium on the issuance of building permj subject to certain exceptions. (b) The public facilities element of the Carlsbad gener plan provides that developments may not be approved unless tl. City Council can find that all the necessary public services, including sewer service, will be available when needed. Due the lack of sewage capacity it is impossible in most cases fc City Council, in considering a development, to make the neces findings in order to support an approval. In order to implerc the genral plan provision, and in view of the fact that sewer service, in most cases is unavailable, the City Council has d mined that it is necessary to impose a moratorium on the proc sing of developmental approvals. (c) It is also the purpose and intent of this chapter t provide for the eventuality that additional amounts of sewage treatment capacity will become available and to provide authc for the adoption, by the City Council, by resolution, of a sy for allocating that capacity among competing demands. Such a allocation would authorize an applicant to process a developn in accordance with the usual city procedures. 21.49.020 planning Moratorium. Notwithstanding any provisior the Carlsbad Municipal Code to the contrary, application, prc sing or approval of any entitlement for development pursuant Title 20 or Title 21 of the Carlsbad Municipal Code is hereby prohibited except as follows: 1. Applications for approvals located within that portion o 25 concurrent with need in connection with the development. 28 service remains available and will continue to remain availak 27 application, a letter from such district indicating that the processed provided the applicant submits, in conjunction with 26 Marcos or Leucadia County Water Districts may be accepted and the City of Cavlsbad within the service territory of the San -2- I1 w ll 1 2 3 2. Applications for conditional use permits, variances, reversions to acreage, certificates of compliance and adjustn plots may be accepted, processed and approved if the City Mar determines that the approval of such item will not require ar new sewer connection permit. The City Manager's determinatic be appealed to the City Council, whose decision shall be fina 4 5 3. Discretionary approvals in connection with the Plaza Can 5. The City Manager is authorized to take all the steps nec 7 City of Carlsbad may be accepted, processed and approved. 6 to proceed with the annexation of the Palomar Airport and any 8 applications necessary in that regard may be accepted, proces 9 and approved. 6. Any application for which the Carlsbad Municipal Code site may be accepted, processed and approved. 7. The City Council may grant exceptions for projects of discretion, determines that the project is necessary and in t Real expansion may be processed, accepted and approved. 4. Any necessary applications for projects undertaken by th 10 I1 provides an alternative method of sewer disposal for the proj I-3 other governmental agencies if the City Council, in its sole l2 public interest. I* 8. Applications for Tentative Subdivision Map extensions ma be accepted, processed and approved subject to the imposition l5 of certain conditions, to insure that the Tentative Map canno be finaled without the finding by the City Council that adequ I.6 sewer service is available. I" , terest. 19 determines that such project is necessary and in the public i: schools and hospitals, if the City Council in its sole discre l8 certain privately owned community facilities, such as churche 9. The City Council may grant exceptions for projects of 20 21 22 23 24 25 21.49.030 Sewer Allocation System. In the event the City Cou: determines that additional amounts of sewage treatment capaci are available, but which are not of sufficient quantity to justify lifting the Planning Moratorium imposed by this chapti they they shall have authority to adopt by resolution a syste: for allocating all, or any part of that capacity. If an appl receives an allocation pursuant to any such system, it &hall constitute an exemption from the provisions of this chapter a the applicant shall be permitted to apply for and process his project provided that it is done in accordance with the procec of the allocation system. 26 11 // 27 li // as1 // I/ - -3- 1 2 3 4 5 6 7 €3 9 10 11 w w SECTION 2: That Ordinance No. 7053 is repealed." AYES : Com.issioners Larson, L'Heureux, Marcus, Jose NOES : Commissioner Schick ABSENT: Commissioners Rombotis, Flrench NOW, THEREFORE, BE IT HEREBY RESOLVED that the Planning Commission recommends to the City Council that the Zone Code Amendment 103 be APPROVED. I I! I> [ A q.. I& {/: \\ .I I -y-Jv; ai. , - Y..i",y<. -2."- - STEPHEW L'HEUREUX, Chairbe -" \ CARLSBAD PLANNING. COMMI$SI I l2 ATTEST: .I /? .,.i' C?'' ,I ;.?f ""w- . _.." ,e &A .J+pIES C. HAGA14APf,,,@cretary' 15 16 :;Im ..~~"~RLSBAD / PLAJXNI~/COMMISSION , - 17 18 19 I 20 21 22 23 24 25 26 27 -4- 28 ' - !I w a STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss 2 3 I, JAMES C. HAGMUAN, Secretary to the Planning 4 by the following roll call vote: 9 of said Commission held on the 10th day of January, 1979 8 Commission of the City of Carlsbad at a regular meeting 7 introduced, approved and adopted by the Planning 6 hereby certify that the foregoing resolution was duly 5 Commission of the City of Carlsbad, California, do IO 11 12 13 14 AYES : Commissioners Wrench, L'Heureux, Schick, Larsor Rombotis NOES: None ABSTAIN: None ABSENT: Commissioners Marcus, Jose 15 16 17 l8 1 19 I 20 I p, /-a / / I >' 1 4; j: ~.~~~~~~cretCry &5&J</ .,/F;~ARLSBAD PLANNI.~~G COMMISSION / 2'' i ./ r,' 21 1 22 23 24 25 26 27 28