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HomeMy WebLinkAbout1978-01-03; City Council; 5294; Request to Amend Application Moratorium Ordinance 7048 John C White for San Priestly Lincoln MercuryCITY OF CARLSBAD AGENDA BILL NO..,3-;'_ DATE: Januslry 3 1978 - DEPARTMENT: Planning Initial: Dept. d.a v City Attyy F� City Mp.r. SUBJECT: REQUEST TO AMEND APPLICATION MORATORIUM ORDINANCE (ORD. 7048) JOHN C. WHITE for Sam Priestly Lincoln Mercury REQUEST: Attached is a letter from John C. White of Coldwell Banker, representing Sam Priestly Lincoln/Mercury Dealership. Mr. White is requesting that the City Council amend Ordinance 7048 to permit the submittal of applications for change of zone's if the action will not significantly place further demand in sewer capacity. Ordinance 7048, Section I, paragraph 2 already provides for acceptance of applications for Conditional Use Permit and Variance, if the City Manager determines that the approval of such item will not require any new sewer connection permit. Mr. White feels that the action of rezoning property where the sewer demand would be equal or less, should be permitted also. Staff agrees that some rezonings may not put any additional demand on the sewer dapacity.. However, such determinations are based on accrued potential developments which could occur. The only rezoning request*which have been processed since April 19th were already in process and had no effect on increasing sewer capacity demand. It is also noted that the application for/and approval of disc;etionary actions moratorium ends April the 26th, and staff tentatively su4gests April 4th or April 'the 18th as Council hearing dates to consider dropping or continuing the planning moratorium on applications. EXHIBITS: Lettet to City Council from John C. White, dated November 9, 1977. Ordinance 7048 RFCOMMENDATION That the request be denied. As required by law, the staff will be -setting Ordinance 7048 to public hearing in late,March, 1978 o7r early April, 1978 to determin'b whether the moratorium on discretionary approvals should be co'htinudd, deleted or modified. Council action 1-3-78 Staff was directed to prepare documents necessary to amend Ordinance #7048 to allow applications for zone changes. 3Cokkvell Banker COMMERCIAL BMKCRAGE COMPANY November 9, 1977 The Carlsbad City Council c/o Mr. Paul Bussey City Manager 1200 Elm Avenue Carlsbad, CA 92008 RE: RELOCATION OF SAM PRIESTLY LINCOLN/MERCURY DEALERSHIP TO CARLSBAD Dear Paul: We respectfully request that you ask the City Council to amend the Sewer Moratorium Ordinance so to allow for a zone change which would not significantly place additional burden on Carlsbad sewer capacity. It. is our understanding that this must be accomplished prior to the Planning Department accepting our application for a change of zone for the property located near Palomar Airport Road and Avenida Encinas, As you know, this property is now designated for RRE land use and we are attempting to change the zone from C-1 and RA-10 to the proposed new zone CE which will permit an automobile dealership. Any assistance you may offer and your cooperation would be greatly appreciated by all Parties concerned. Thank you very much for your consideration and we look forward to hearing from you at your earliest convenience. Sincerely, COLDWELL BANKER COMMERCIAL BROKERAGE COMPANY John C. White1, 1 �'7 l CC: L. Bruce Stallard k� r,,; cam " r William Dealy r, Paul Ecke, Sr. Sam Priestly Frank McCarthy Sea OPICOSTR e1-SUTE3W'CPAi%*,CALFCI-dwM&,('14)431.1081•ACOtG,ATUS"EPCOWANY .4. 2 . 3 5 6 7 8 9 10 3.1. 12 g 13 �a 14 u� '< 15 3� 16 1, g Q - 17 . a v 18 19 20 21 22 IHLI 24 25 26 27 28 ORDINANCE NQ. 7048 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED AS AN URGENCY MEASURE 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 ;s 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 I 'City of Carlsba.,•California, as follows: 2 SECTION 1: That all processing and approval of discretion-• • azy entitlements pursuant to Title 20 or Title 21 of the Carlsbad A Municipal Code as of the effective date of this ordinance is 5 hereby prohibited subject to the follQwiny exceptions: 6 1. Applications for approvals located within that portion 7 of the City of Carlsbad within the service territory of the San 8 Marcos or Leucadia County hater Districts may be accepted and g processed provided the applicant submits in conjunction with his 10 application a letter from such district indicating that the 11 sewer services are available in connection with the development. 0 12 The application may be approved if the City Council.finds that g 13 Dewar serv:icr remains available and will continue to remain g 14 available concurrent with need in connection with the development. w C io 15 2. Applications for conditional use permits, variances, V ,u W V {''8 0 16 reversions to acreage, certificates of compliance and adjustment a�^m � i o c� a a 17 plots may be accepted, processed and approved if the City Manager �- 18 determines that the approval of such item``wi.11 not require any 19 •new.sewer connection.permit. The City Managers determination i 20 may be appealed to the City Council, whose decision shall be final., 21 3. Discretionary approvals in connection. with the Plaza 22 Camino Real expansion may be processed, accepted and approved. 23 •4. Any necessary applications for projects undertaken 24 by the City of Carlsbad may be accepted, processed and approved. 26 26 S. The City Manager is authorized to take all the steps 27 necessary to proceed with the annexation of the Palomar Airport 28 and any applications necessary in that regard may be accepted, processed and approved. 2. 2 4 5 6 7 public interest. ' 8 8. The staff may continue to process and the.City Council 9 may consider whether or not to approve applications which were 10 on file with the City of Carlsbad on or before April 19, 1977. 11 SECTION 2: This Interim Ordinance is adopted as an urgency" 12 measure pursuant to California Gover t d • J 6. Any ')plication for which the .rlsbad 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 Q nmen Co a Section 65858 for co w $13 the reasons set out in the recitals hereto and shall take effect 14 immediately. 1022 u <J 15 SECTION 3: The City Clerk of the City of Carlsbad shall W Gl Vigo 16 certify to the adoption of this ordinance and cause it to be i:¢ a 17 published once in the Carlsbad Journal within fifteen days after U 18 its adoption. , 19 APPROVED, PASSED A -LID ADOPTED at.an adjourned regular meeting 20 of the City Council of the City of Carlsbad, California, held on 21 the 26th day of April, 1977 by the following vote,•to uit: 22 AYES:, Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler .23 NOES: None- 24 ABSENT: None 25 26 ATTEST: 27f • 28 �It1 GAlr2i.T E. ADrinis, City Clerk.• (SEAL)) 4Ro ERT C. FRAZEE, lt7�yo 3. a