HomeMy WebLinkAbout1977-08-16; City Council; 5059-4; Extension of Planning moratoriumCITY OF "RLSBAD
AGENDA BILL NO.
DATE: August 16, 1977
DEPARTMENT: Planning
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Initial:
Dept. Hd.
City Atty
City Mgr.
SUBJECT:
Extension of Planning Moratorium
STATEMEFtTF THE MATTER ~
The Planning Moratorium due to the unavailability of sewer service
will expire on August 26, 1977. A public hearing has been announced
to consider continuing the Planning Moratorium. A copy of the ordinance
is attached.
EXHIBITS
Report dated August 11, 1977
Ordinance No. 7048,and Ordinance No, 7049,
Ordinance No.
RECOMMENDATION
If the City Council approves the Planning Moratorium continuance,
it is recommended they adopt Ordinance No. y£ 3~<O r———*
(4/5 vote is required)
Council action
8-16-77 Following the public hearing Ordinance #7050 was adopted
extending Interim Ordinance #7048 as amended by Interim
Ordinance #7049 to continue the Planning Moratorium due
to the u-wa-bi lability of sewer service.
FORM PLANNING 73
August 16, 1977
TO: Honorable Mayor Robert C. Frazee and Members of City
Council
FROM: James C. Hagaman, Planning Director^
SUBJECT: Extension of Planning Moratorium
I. INTRODUCTION
The Planning moratorium was established along with a
moratorium on issuance of building permits on April 26 of
this year. The Planning moratorium will expire August 26
unless the City Council takes an action to partially or
fully extend the moratorium. The moratorium essentially
prohibits all processing and approvals of discretionary
entitlements within the City of Carlsbad with the exception
of those areas in the City served by San Marcos and Leucadia
County Water Districts.
The options before the City Council are not simply to approve
a continuance of the Planning moratorium for eight months
(the moratorium can be repealed by majority vote of the City
Council) or to let the moratorium terminate and thereby
allow all discretionary actions to be processed with the
City. There are other options such as opening the moratorium
only for certain discretionary actions or opening the
moratorium for a specific geographic area in the community
or a variety of other possible actions within the framework
of extending the moratorium or letting it terminate.
II. DISCUSSION
The staff has carried on substantial discussions as to whether
the moratorium should be extended or allowed to terminate.
Below are listed some of the discussion points:
1) If the moratorium is terminated and new applications are
accepted by the City, a false sense of optimism may be
created for those people applying where it possibly
should not exist, since there is little or no guarantee
they will be able to obtain sewer for their particular
project.
2) By opening the permit process we essentially are encour-
aging the applicants to spend large sums of money on
their applications without any established protection of
a return on that expenditure if the project is approved.
3) It is argued that staff resources will be misused in
handling new applications without knowledge of any
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capacity being available.
a) It has been pointed out that there will be a tendency
for all applications to be constantly amended or
changed to meet future City policies in terms of
the proposed second phase sewer allocation program
or a growth management program. This will tend to
again load the processing system on a regular basis
as new allocation systems are developed.
The opposite side of the above arguments are:
1) To drop the moratorium would allow proponents of projects
to work with staff on a regular basis pending sewer
availability and will tend to allow processing of these
applications on a more routine basis.
2) It is expected that the longer the moratorium is in effect
the more difficult it will be to process applications
when it is terminated; however, whenever a moratorium is
lifted there will probably be an immediate surge of new
applications anyway.
3) By accepting new applications it is expected that
developers will attempt to design their projects based
on the rating systems contained within the allocation
system, and therefore we can expect better developments.
4) By opening the process more people will be able to get in
line and compete for any allocations of sewer that may
become available.
We have also explored a partial opening of the moratorium to
allow zone changes to process which would bring property into
conformity with the General Plan. It has been suggested that
the infill area being proposed in the sewer allocation system
should be excluded from the moratorium. However, one has to
consider if such an-exclusion should happen before or after
the first phase of the sewer allocation system which is not
scheduled for hearing until September. (Planning staff has
jointly explored this matter further, and their report is
attached for your review
III. CONCLUSION
I find that there are good arguments and strong reasons on
both sides of the issue of whether or not to extend the
Planning moratorium. It appears to be there are certain
issues which cut through those arguments which the Council
should consider. The first issue is the timing, of any
lifting of the Planning moratorium. It is my impression
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that the City Council intends to allow those persons caught
in the so called "pipeline" last April to be considered in
the first sewer allocation system. This system is to be
considered at a public hearing in September. The intent
as I understand it is that after the allocation system is
adopted and has been utilized, a longer range allocation
system will be developed to handle any additional sewer
capacity prior to the expansion of the Encina Plant. In
order to avoid mixing those applications caught in the "pipe-
line" in April with new applications at this time if the
moratorium is terminated, consideration should be given to
extending the moratorium until after that first phase
sewer allocation system has been tested. To allow new
applications at this time could create the false impression
that there is a possibility of qualifying for the first
allocation system. If this is correct the moratorium should
at least continue until after the sewer allocation system
has been implemented. Another issue which cuts through
the arguments is that until the City Council knows what
they wish in terms of an allocation system for the future
and additional capability is verified, it would seem premature
to fully open the moratorium. However, after that system is
developed and approved by the City Council, it would seem
reasonable to open the-system for new applications once there
is full knowledge of the evaluation criteria which will be
used and the amount of sewer capacity available.
The matters of annexations of County islands to the City of
Carlsbad and the relationship of the Public Facilities
Element of the General Plan to the entire sewer issue should
be resolved.
IV. RECOMMENDATION
It is staff's recommendation to the City Council that:
1) The Planning moratorium be continued in total until the
first phase sewer allocation system has been tested and
the City Council is satisfied that a second allocation
system can be developed and is workable.
2) That the City Council set up specific work shop meeting
to explore the various options addressed in this report
prior to opening any or part of the moratorium.
If the City Council concurs with this recommendation, they
should adopt Ordinance attached hereto.
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• CITY OF CAF.M AVENUEAUIFORNIA 92TTORNEY1200 ElR USB AD, C< <
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ORDINANCE NQ. 7048
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED
AS AN URGENCY fffiASURE PROHIBITING THE APPLI-
CATION FOR AND APPROVAL OF DISCRETIONARY
APPROVALS PURSUANT TO TITLE 20, OR TITLE 21,
OF THE CARLSBAD MUNICIPAL CODE DUE TO THE UN-
AVAILABILITY OF SEWER SERVICE SUBJECT TO
CERTAIN EXCEPTIONS.
WHEREAS, the City Council has by the adoption of an
Emergency Ordinance declared a City-wide moratorium on the
issuance of building permits due to the unavailability of sewer
services; and
WHEREAS, the Planning Department will undertake, by
direction of the City Council, a comprehensive review of Title 20
regarding subdivisions, and Title 21 regarding zonings, in the
City of Carlsbad. Such review to take cognizance of the problem
of the lack of sewer service and prepare recommendations as to
whether or not the Municipal Code needs to be revised in order
to deal with the situation in regards to discretionary land use
approvals. Such recommendations to also include consideration
of some form of allocation system in the event additional
amounts of capacity become available to the City; and
WHEREAS, the City Council has determined that it is
necessary to protect the public safety, health and welfare to
adopt this urgency measure as an interim ordinance prohibiting
any further application for or approval of discretionary approvals
to prevent adding increased demand to an already insufficient
amount of sewer capacity and to insure that an allocation system,
if adopted, fairly can apply to all.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
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City of Carlsbad, California, as follows:
SECTION 1: That all processing and approval of discretion-
ary entitlements pursuant to Title 20 or Title 21 of the Carlsbad
Municipal Code as of the effective date of this ordinance is
hereby prohibited subject to the following exceptions:
1. Applications for approvals located within that portion
of the City of Carlsbad within the service territory of the San
Marcos or Leucadia County Water Districts may be accepted and
processed provided the applicant submits in conjunction with his
application a letter from such district indicating that the
sewer services are available in connection with the development.
The application may be approved if the City Council finds that
sewer service remains available and will continue to remain
available concurrent with need in connection with the development.
2. Applications for conditional use permits, variances,
reversions to acreage, certificates of compliance and adjustment
plots may be accepted, processed and approved if the City Manager
determines that the approval of such item will not require any
new sewer connection, permit. The City Manager's determination
may be appealed to the City Council, whose decision shall be final.
3. Discretionary approvals in connection with the Plaza
Camino Real expansion may be processed, accepted and approved.
4. Any necessary applications for projects undertaken
by the City of Carlsbad may be accepted, processed and approved.
5. The City Manager is authorized to take all the steps
necessary to proceed with the annexation of the Palomar Airport
and any applications necessary in that regard may be accepted,
processed and approved.
2.
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6. Any application for which the Carlsbad Municipal Code
provides an alternative method of sewer disposal for the project
site, may be accepted, processed and approved.
7. The City Council may grant exceptions for projects
of other governmental agencies if the City Council in its sole
discretion determines that the project is necessary and in the
public interest.
8. The staff may continue to process and the City Council
may consider whether or not to approve applications which were
on file with the City of Carlsbad on or before April 19, 1977.
SECTION 2: This Interim Ordinance is adopted as an urgency
measure pursuant to California Government Code Section 65858 for
the reasons set out in the recitals hereto and shall take effect
immediately.
SECTION 3: The City Clerk of the City of Carlsbad shall
certify to 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 an adjourned regular meeting
of the City Council of the City of Carlsbad, California, held on
the 26th day of April, 1977 by the following vote,.to wit:
AYES:
NOES:
ABSENT: None
Councilmen Frazee, Lewis, Packard, Skotnicki and
Council woman Casler
None
P I *-s U v-^^t \ , j^i^f C-t-*. J>a
ROBERT C. FRAZEE, M^yor
ATTEST:
4ARGAQET E. ADAMS', City Clerk
(SEAL)
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ORDINANCE NO. 7049-
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OP 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,"
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o_.*•VINCENT F. BiONDO. JR.' ATTORNEY . CITY OF CARLSB/1200 ELM AVENUESARLSBA'D, CALIFORNIA 92008£
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• SECTION 2
>_ _
: This Interim Ordinance is adopted as an urgency
measure pursuant to California Government Code § 65858 for the
reasons set out
SECTION 3
in the recitals hereto and shall effect immediately
: 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 ,
City Council of
3rd day of
AYES:
NOES:
ABSENT :
ATTEST :
^~7y^7 rX
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PASSED AND ADOPTED at a regular meeting of the
the City of Carlsbad, California, held on the
May , 1977 by "the following vote, to wit:
Councilmen Frazee, Packard, Skotnicki and
Councilwoman Casler
Councilman Lewis
None
ROBERT C. FRAZEE, ^fyor
¥ /fat^ts<MAtfGAR£T E. ADAMS,~C<ity Clerk
(SEAL;
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VINCENT R.TTORNEY -1200 ELRLSBAD, CAu
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ORDINANCE NO. 7Q5Q
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING
INTERIM ORDINANCE NO. 7048, AS AMENDED
BY INTERIM ORDINANCE NO. 7049 TO CONTINUE
THE PLANNING MORATORIUM DUE TO THE UNAVAIL-
ABILITY OF SEWER SERVICE.
WHEREAS, the City Council has by the adoption of Ordinance
No. 7048, as amended by Ordinance No. 7049, declared a City-wide
moratorium on the processing of discretionary approvals pursuant
to Title 20 or Title 21 of the Carlsbad Municipal Code due to
the unavailability of sewer service; and
WHEREAS, the Planning Department has not completed its study
of possible amendments to said titles which may be required due
to the sewer problem; and
WHEREAS, The City Council has determined that in order to
protect the public safety, health and welfare, it is necessary
to extend said ordinances to continue the moratorium until said
studies can be completed;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1: That Ordinance No, 7048, as amended by Ordinance
No. 7049, is hereby extended for eight months to expire on the
26th day of April, 1978.
SECTION 2: The City Council may'lift the moratorium and
repeal this ordinance in total or in part by minute motion passed
by a majority vote of the entire City Council.
SECTION 3: This ordinance extending Interim Ordinance No.
7048, as amended by Ordinance No. 7049, is adopted pursuant to
California Government Code Section 65858 for the reasons set out
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in the recitals
August, 1977.
SECTION 4:
•certify to the
published once
its adoption.
APPROVED,
City Council of
16th day of
AYES :
NOES:
ABSENT :
ATTEST:
// fofa&bjP (s-
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hereto and shall take
The City Clerk of the
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effect on the 25th
City of Carlsbad,
adoption of this ordinance and cause it to
in the Carlsbad Journal
PASSED AND ADOPTED at a
the City of Carlsbad,
Aunust , 1977 by
day of
shall
be
within fifteen days after
regular meeting of
California, held on
the following vote ,
the
the
to wit
Councilmen Frazee, Lewis, Skotnicki and
Counci Iwoman Casler
None
Councilman Packard y
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IkJcA***
C. FRAZEE, Mayctf^
.
C-
MARGARET E. ADAMS1) City Clerk
(SEAL)
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