HomeMy WebLinkAbout1977-05-03; City Council; 5059-1; Sewer moratorium ordinanceCITY OF CARLSBAD
AGENDA BILL NO. ^J" Supplement #1
DATE:1977
DEPARTMENT:
Subject:
SEWER MORATORIUM ORDINANCE
Statement of the Matter
In bringing the subject matter to the City Council's attention
at the adjourned City Council meeting of April 25, 1977, we
omitted an exception which we feel has merit. No exception
was provided for Tentative Map extensions. We have now
prepared an ordinance providing for such extensions.*
Exhibit
Ordinance No. 7049 , amending Interim Ordinance No. 7048
Recommendation
Adopt Ordinance No. 7049 , as an urgency measure.
Council action
5-3-77 Ordinance No. 7049 was introduced and adopted as an interim
ordinance, and as an urgency measure (amending Ordinance #7048,
to exempt tentat'i ve: map extensions f rom the .PI anni ng Moratorium,
MEMORANDUM
DATE: April 28, 1977
TO: City Manager
FROM: City Attorney
SUBJECT: ORDINANCE AMENDING INTERIM ORDINANCE NO. 7048 —
PLANNING MORATORIUM
I was sure that we had discussed tentative subdivision
map extensions and after reviewing my notes, I know we
did. However, we did not include it as an exception in
the planning moratorium ordinance. If the City Council
is willing to approve tentative maps in process, with
the addition of sewer conditions, I don't see any reason
why they would not afford the same privilege to previously
approved tentative maps. I believe there are some in the
works, a couple of which may be very near expiration, so
you may want to move this forward as soon as possible.
\
\ j VINCENT F. BIONDO, JR.
\j City Attorney
VFB/mla
Attachment
8 s
11
2 <CD
H DC
E S
o
1
2
3
4
5
6
7
8
9
10
11
12
13
I 14
3 15
id 16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 7049
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
ADOPTED AS AN URGENCY MEASURE AMENDING
ORDINANCE NO. 7048 TO EXEMPT TENTATIVE
MAP EXTENSIONS FROM THE PLANNING
MORATORIUM.
WHEREAS, the City Council, by the adoption of Ordinance
No. 7048, imposed a City-wide moratorium on the application,
processing and approval of discretionary entitlements pursuant
to Title 20 or Title 21 of the Carlsbad Municipal Code; and
WHEREAS, said moratorium was subject to certain exceptions
to allow-projects in process to continue; and
WHEREAS, the conditional extensions of previously approved
Tentative Subdivision Maps was omitted from the list of exceptions;
and
WHEREAS, Tentative Subdivision Map extensions can be
conditioned that the final map may not be approved without
adequate sewer service being available; therefore there is no
need to subject them to the moratorium and in the absence of
an exception, the previously approved, otherwise acceptable projects
will expire without the City Council having the benefit of deter-
mining whether or not they should be extended;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1: That Section 1 of Ordinance No. 7048 is amended
by the addition of Subsection 9 to read:
"9. Applications for Tentative Subdivision Map extensions
may .be accepted, processed and approved subject to the
imposition of certain conditions, to insure that the
Tentative Map cannot be finaled without the finding
by the City Council that adequate sewer service is
available."
m</>
' O
CMo>
O U. =; =
9° i 1z . oj £o r > .9
= 3*5"•'jiS
oc - SZ P C/I
fcu
1
2
•a
4
£
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 2: This Interim Ordinance is adopted as an urgency
measure pursuant to California Government Code § 65858 for the
reasons set out in the recitals hereto and shall effect immediately
SECTION 3: The City Clerk, of the City of Carlsbad, shall
certify the adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within fifteen days after its
adoption.
APPROVED, PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
3rd day of May , 1977 by the following vote, to wit:
AYES :
NOES:
Councilmen Frazee, Packard, Skotnicki and
Councilwoman Casler
Councilman Lewis
ABSENT:None
ROBERT C. FRAZEE,
ATTEST :
'MABfGAR^TT E. ADAMS,~dity Clerk
(SEAI/5
2.