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Home My WebLink About1977-11-15; City Council; 5252; Exception to Sewer Moratorium Hughes Aircraft Co.CITY OF CARLSBAD AGENDA BILL NO. <&&£?(, v Initial: Dept.Hd. I si DATE- November 15, 1977 ,• C. Atty.__/s/_ DEPARTMENT: Public Works c> M /s/ Subi ect :EXCEPTION TO SEWER MORATORIUM CARLSBAD PLAZA NORTH Statement of the Matter Section 18.05/020 (10) of the Municipal Code provides for exceptions to the sewer moratori um i f the Council makes certain findings. Application has been made on behalf of Carlsbad Plaza North for three addi- tional sewer connections to provide for a second restroom for each of three businesses within the project. Two of these, Van's Belgian Waffles Restau- rant and Hungry Years Restaurant, are required by the Health Department to have a second public restroom before they can open to the public. The third instance is to legalize an existing connection that was never paid for. There has been confusion concerning the number of connections paid for. The developer thought he had paid for 37; he has, in fact, paid for 34, and there are 35 connections in existence. If these connections are approved, they would raise the total count for Carlsbad Plaza North from the present 34 con- nections to 37 connections. As outlined in my October 27, 1977 report (with verbal correction) there were 107 EDUs remaining. From that, 29 additional EDUs (granted by City Council on November I, 1977 for Tanglewood. and the County shredder) must- be subtracted, leaving 78 EDUs. .If the request -for Hughes Aircraft Company was granted, and if this request is granted, the remaining capacity would be reduced to 67 EDUs. Exhibits 1. Letter of July 18, 1977 2. Letter of October 26, 1977 3. Ordinance No. 8074 Recommendation That City Council make the finding required pursuant to Section 18.05.020 (10) of the Municipal Code and grant three additional sewer connections to Carlsbad Plaza North. Council Action: 11-15-77 Council made the finding pursuant to Section 18.05.020 (10)!iof the Municipal Code and authorized issuance of building permits, using not more than three (3) additional sewer connection permits, provided the build'ing permits are applied for within 60 days. July 18, 1977 fir. Paul Buasey City Manager City of Carlsbad 1200 Elm Carlsbad, California 92008 Re: Carls,bad Plaza Carlsbad, California Dear Paul: I would like this letter to serve as our formal request for additional sewer connections for Carlsbad Plaza. As you know, we are nearing completion of the shops portion of this project, Buildings 3, 5, 8, 10 and B. Prior to the initiation of the sewer moratorium we estimated the number of fixture units which would be required to complete these lease spaces, and obtained sewer permits. These estimates were based on botn known and anticipated leases for a building area of over I>0,000 square feet. •/e now find that three of our tenants each require an additional toilet room consisting of a lavatory and a watercloset. Two of these are restaurants, "Hungry Years" and Belgian Waffles", and are required by the Health Department to provide an audi- tionnl toilet room. The third tenant, "Penney Saver", is re- quired by the building code to have an additional toilet room. This is due to the fact that they have more than four employees. V.7e would like to make it clear that in none of these instances, are we adding building area. In fact, the opposite is true, since the additional toilet rooms are reducing the usable leased space by approximately 30 square feet each. ttr. Paul Bussey July 19, 1977 Page 2. We would like the City to provide the required permits and would be happy to provide you with any additional informa- tion that may be required. Respectfully, Ronald D. Roberts, AIA RDRimlr cc: Bill Hughes Dave Powell PLANNING & ARCHITECTURE October 26, 1977 RECEIVED CCT 2 ? 1977 OF CARLSBADDepartment Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Carlsbad, California 92008 Re: Carlsbad Plaza Project No. 7584 Dear Paul: On July 18, 1977, we wrote to you requesting three additional sewer permits for the existing shop buildings. It is our understanding that in August the City Council approved Ordin- ance No. 8074 and can now consider our request. Although the circumstances have changed slightly since July, we are still in need of three additional toilet rooms. Two of these are required by restaurant tenants, "Hungry Years" and "Belgian Waffles", in order to satisfy Health Department requirements. The third is required to make up for a defi- ciency in the total count. We would like this letter to serve as our formal request that the City Council grant the additional permits per Ordinance 8074, A copy of our previous letter is enclosed for reference. If approved, this request would in- crease to 37 the number of permits for these buildings. We have paid for 34 permits to this date. If any additional information is required, please call. Be- cause of the long delay we have already encountered, we would appreciate being heard by the Council at the earliest possible date. berts, AIA RDR:mlr cc: Bill Hughes MEMBERS AMERICAN INSTITUTE OF ARCHITECTURE 440 UPAS STREET SAN DIEGO CALIFORNIA 92103 PO BOX 33326 TEL 714 297 0131 Q CO _ J 2 — 1— g O 1= IE CM <<-S 0 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 8074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.05 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.05.020 TO PROVIDE AN EXCEPTION FROM THE BUILDING PERMIT MORATORIUM FOR WORK INSIDE EXISTING STRUCTURES, WHICH HAVE NEVER BEEN OCCUPIED, NECESSARY TO ACCOMMODATE THE FIRST USER OF SPACE THEREIN. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 18, Chapter 18.05 of the Carlsbad Municipal Code is amended by the addition o f Subsection (10) to Section 18.05.020 to read as follows: i. "10. The City Council may grant exceptions for certain private projects involving building permits for work within existing structures where the Council in its sole discretion finds that: 1) The building permit is for work to be performed within the exterior walls and roof of an existing structure; 2) Said structure was constructed pursuant to a building permit issued prior to April 19, 1977; 3) Those portions of the structure for which the' building permit would be issued pursuant to this subsection have not been previously occupied; 4) That the purpose of the building permit is to make internal modifications to the structure as necessary to accommodate occupancy by a first user of the space." EFFECTIVE DATE: This ordinance shall be effective thirty * ' days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th daY of August r' 1977 and thereafter Q 03 1 2 5 4 5 6 7 8 9 /iq. 12 CO * -|- "T- -- 8 I.3 c < S 3° si 14l>ll „— I— < U. -I Km r: -;; J-O "-•So z£ 8ciID 2 w <r0 C - CQ Z O «/> > H tC ^_ <-> 16 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said Council held on the 6th day of September , 1977, by the following vote, to wit: . AYES: NOES: ABSENT; None Councilman Frazee, Lewis, Packard, Skotnicki and Councilwotnan Casler None R0BERT C. FRAZEE, Maygjt ATTEST: MABGAREtf E. ADAMS, City Clerk 1 ' /' . V i- (SEAL.) / 2.