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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 PDB:ldg