HomeMy WebLinkAbout1977-09-20; City Council; 5199; Sewer Moratorium Appeal^ V J ' -"
CITY OF CARLSBAD
AGENDA BILL NO . £/ 9 _ Initial:
' Dept.HdJ >
DATE- _ September 20,1977 _ : _
DEPARTMENT: Engineering
Subj ect:
MS 307 - SEWER MORATORIUM APPEAL (Lancer Pacific)
Statement of the Matter
On June 6, 1977 the City Engineer approved Minor Subdivision 307 (east side of
Avenida Encinas, south of Palomar Airport Road) with the condition that the
map could not be finaled until such time as sewer service is available. The
applicant has requested that this condition be removed since the division of
land, by itself, will not increase sewer demands.
See attached memorandum dated September 1, 1977.
EXHIBIT:
1. Memorandum from City Engineer dated September 1, 1977
2. Memo from City Manager dated September 15, 1977
STAFF RECOMMENDATION:
If the Council decides that the appeal has merit, Council should adopt
a motion directing the City Attorney to prepare an ordinance which would exempt
certain minor subdivisions in process prior to April 19, 1977 from the sewer
moratorium in accordance with conditions outlined in the attached memorandum.
See City Manager's memo attached.
Council action
9-20-77 The Council granted the appeal and directed the City Attorney to
prepare the necessary ordinance exempting certain minor
subdivisions in process prior to April 19, 1977.
MEMORANDUM - September 1, 1977
TO: City Manager
FROM: City Engineer
SUBJECT: Minor Subdivision 307 - Sewer Moratorium Appeal
BACKGROUND
The attached letter, dated July 28, 1977, from Claude D. Jones of Lancer Pacific
is a request for a waiver of Condition 10 of the Tentative Parcel Map approval.
This Tentative Parcel Map approval letter, dated June 6, 1977, is also attached.
Condition 10 is similar to the condition that has been added to major subdivision
Tentative Map approvals on those applications in process at the time of the sewer
moratorium on April 19, 1977. The Condition provides that the Final Parcel Map
shall not record until such time as sewer facilities become available. The minor
subdivision was applied for on April 6, 1977.
DISCUSSION
In preparing the draft sewer moratorium ordinance, there was considerable discussion
regarding whether some or all of the discretionary action applications should be
affected by the moratorium. The final version of Ordinance No. 7048 prohibited
"... any further application for or approval of discretionary approvals...". An
interesting exception to this ordinance is for "... 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." In other words, if a
septic tank system approval can be obtained from the County Health Department,
then the project is exempt. There appears to be an inconsistency here, for it
appears that in the case of a large parcel to be subdivided into four or less
large parcels (as is the case with the Lancer Pacific minor subdivision) then the
minor subdivision can be processed if the County Health Department approves septic
tank systems for the newly created lots.
We have already accepted for processing applications in commercial and industrial
projects, based on septic system approvals. It would appear that Lancer Pacific
could apply to the County Health Department for septic system approvals in order
to record the Parcel Map. Once the Parcel Map is recorded, there would be no
assurance that the septic tank system would be utilized (since no building permits
would be issued), but the end result would be that the land could be subdivided.
This procedure would add to the cost of processing the Parcel Map (soil testing,
engineering, County processing, etc.).
Lancer Pacific has instead taken a more direct approach by questioning whether
the recording of their Parcel Map will, in itself, create a demand on the sewer
system.
MEMO to City Manager -2- September 1, 1977
re: MS 207
In reviewing this and other applications for minor subdivisions, I would
recommend revising the existing sewer moratorium ordinance to allow processing
of minor subdivisions when the following conditions exist:
1) The minor subdivision had been applied for on or before April 19, 1977.
2) The original parcel to be subdivided was in use for residential.industrial or
commercial uses by the applicant on or before April 19, 1977.
3) An appropriate note be placed on each sheet of the Parcel Map stating
that sewer service to the public sewer system is not currently available.
4) The recording of the Parcel Map shall not be used as grounds for claiming
sewer capacity for the newly created lots.
I believe than an exemption for processing minor subdivisions as conditioned
above would be reasonable and would, in many cases, allow a property owner to
sell off land that he cannot afford to utilize.
n <7x«!Un*-v-
f/Tim Flanagan (/
City Engineer
TCF:ms
c: PWA
City Attorney
Planning Director
Attachments:
1. Lancer Pacific letter dated July 28, 1977
2. Tentative Parcel Map approval letter dated June 6, 1977
3. Vicinity Map
G050AV5NIOA.PNC1NAS. P.O. BOX 819 » CARLSBAD. CA 92008 . (714) 43H-4112 . (300) 854-2.S9S
July 28, 1977
Mr. Paul Bussey, City Manager
City Hall
Carlsbad, Ca. 92008
Re: Proposed Minor Subdivision No. 307
Avenida Encinas, South of Palomar Airport Road
Dear Mr. Bussey:
In a letter of June 6, 1977, Tim Flanagan, the City Engineer, indicated that
the tentative parcel map for our minor subdivision had been approved., subj ect
to certain conditions. A copy of the letter is enclosed for your convenience.
Condition 10
"This minor subdivision is approved upon the express condition that the
final parcel map shall not be signed by the City Engineer, nor shall the
final parcel map be filed with the County Recorder, until; such time as
sewer facilities become available. This requirement shall not be con-
strued as an extension of the tentative parcel map approval beyond the
one year period specified in Condition No. 9 above. The subdivider may
submit the final parcel map to the City and it shall be processed until
such time as the City Engineer's signature is required, at which time
such processing shall cease until sewer service is available."
We have sold approximately two acres of the land for $100,000, contingent upon
obtaining a minor subdivision. The Buyer is aware of the sewer moratorium and
the implication for his subsequent development of the property (on June 30,
1977 I wrote a letter regarding this, a copy of which was sent to you).
Vie can understand the need for a sewer moratorium; we .can also understand the
need for an allocation system; however, we do not understand why we should be
precluded from selling land because of the lack of sewer capacity. This does
not seem fair nor reasonable.
2...
HEALTH AND BSAUTY THROUGH ORTHODONTICS
.i
Mr. Paul Bussey
July 27, 1977 Page 2
Condition 10 precludes our obtaining $100,000 in cash, which we would employ
in our business to help it grow. Our growth would be of benefit to the City
of Carlsbad in the form of more employees and a larger tax base.
I hereby request that Condition 10 be waived and I would like the matter put
on the Agenda for the August 16th meeting of the City Council. I would be
glad to attend the meeting and answer any questions which members of the
City Council may have.
Thank you for your consideration.
Very truly yours.
Claude D. Jones
Secretary & Treasurer
CDJ/dm
P30iIiC P.O. Box 819, Carlsbad, CA 92008 • (714) 438-4112 Toll Free: 800 854-2896
I2r-a ELM AVfc'tiUL:
CAf,'L.:>r>AD, CALIi;C:->i!A 92003
June 6, 1977
Marsha 11 F. Lamorc
Lancer Pacific
6050 Avon i da Encinas •
Carlsbad, California 92008
SUBJECT: Proposed Minor Subdivision Mo. 307 - Avenida Encinas
south of Palomar Airport Road
Dear Mr. La mo re:
VJhereas
73
he requirements . of
City of Carlsbad
g to the subject
the California
Environmental
proposed parc
of
Environmental Quality
Protection O'
l map have beer: examined
eclared to have a nonsignificant
and whereas negative findings deline-
the Carlsbad Municipal Code have not
by the Planning Director and
impact upon the environment;
a ted by Section 20.24/130 of
been made; and whereas this minor subdivision is found to be in
conformity with the General Plan of the City of Carlsbad; .therefore.
a final decision has been made to approve the subject tentative
parcel map .subject to the following conditions:
1) The property owner shall grant an access easement to be used
for ingress and egress jointly by all three parcels over |he
panhandle portion of Parcel 2 and over the westerly 303.9-
feet of the panhandle portion of Parcel 3. •
2) The property owner shall also grant an access easement to be
used for ingress and egress jointly by Parcels 2 and 3 over
the remainder of the panhandle portion of Parcel 3 not covered
by the above condition.
3) To facilitate future widening of the e
panhandle portion of Parcel 2 shall be
grade approximately equal to the grade of
way on the panhandle of Parcel 3.
is ting driveway, the
ma i n ta i n ed a t a ro ugh
the existing'""dri ve-
4} The property owner shall agree in writing to hold the City or
any other public service agency harmless -from liability for
any damage to the driveway when being used to perform a public
service. This written agreement must be executed prior to
recordation of the final parcel map.
L an cor Pad f i c
MS Mo. 307
-2-Jtine.6, 1977
5)
6)
7)
9)
Structures permitted in the panhandle portions of the parcels
shall be limited to mail boxes, fences, trash enclosures,
landscape containers, and name plates. Except for mail boxes,
these structures shall not be greater than forty-two inches in
height if located within twenty feet of the street right-of-
way line or greater than six feet in height beyond this point.
Prior to the issuance of a building permit, the existing 10
inch line in Avenida Encinas shall be extended east to connect
to the existing 10 inch water-line in Paseo del Norte. A note
to this effect shall be placed on the final parcel map.
Prior to the recordation of the final parcel map, the property
owner shall execute a declaration of covenants not to oppose
the formation of an improvement district for future waterline
improvements described in the above condition.
fees a n d c! o p o sit s s h a 11
recorda tion (see at'tachsd list).
to final
The tentative parcel map approval
the date of the letter containing
tentative map approval.
shall expire one year from
the final d e c i s 1 o ft for
10) This minor subdivision is approved upon the express condition
that the final parcel map shall not be signed by the City
Engineer, nor shall the final parcel map be filed with the
County Recorder, until such time as sewer facilities become
available. This requirement shall not be construed as an
extension of the tentative parcel map approval beyond the one
year period specified in Condition No. 9 above.-' The subdivider
may submit the final parcel map to the City and it shall be
processed until such time as the City Engineer's signature is
required, at which time such processing shall cease until sewewer
service is available.
Engineering Department inspection of the site, pursuant to the
processing of this minor subdivision, has revealed substantial
sediment and silt from the site being deposited on the public street
from either irrigation or storm runoff. Section 11.06.230 of the
Municipal Code provides that the adjacent fronting owner is re-
sponsible for removal of such sediment and silt. Erosion control
facilities should be improved, or a regular program of periodic
maintenance instituted.
Please note the following:
Lancer Pacific -3- June 6, 1977
US Mo. 307
It is recommended that the subdivider secure any permits which may
be required by the Coastal Commission before proceeding with the.
project.
Very truly yours,
Tim Flanagan
City Engineer
TCF:FNL:ms
c: Brian Smith Engineering
r\l
DATE: SEPTEMBER 15, 1977
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: MS 307 - LANCER PACIFIC SEWER MORATORIUM APPEAL
This memo assumes that the City Engineer's recommendation,
as outlined in his memo dated September 1, 1977, has been
read.
Presently, the Council has been placing a condition on each
tentative map in process, before approval, that it may
not final until sewers are available.
In processing parcel maps for minor subdivisions, the staff
has been adding the same condition. Mr. Flanagan points out
that there are ways around this condition on minor sub-
divisions. This should not be taken that there is a mistake
in the Council's present approach but only that it confirms
that with enough effort, there are ways around most laws.
There has, however, been discussion by the Council which
indicates some support for allowing some planning process
to continue. The Council, for instance, has allowed one
zone change to be granted which was in the planning process
prior to the moratorium date.
If the Council is inclined to favor Minor Subdivisions in
process being finalled, ideally the General Plan Public
Facilities Element should be amended. Presently, it requires
a finding that all public facilities are available.
If the Council allows the finalling of Minor Subdivisions
contrary to the City Engineer's fourth recommendation, it
may be difficult to exclude such newly created lots from
applying for new sewer capacity.
PAUL D. BUSSEY
City Manager
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