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
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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
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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,
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{''8 0 16 reversions to acreage, certificates of compliance and adjustment
a�^m �
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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
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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.
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<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
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ATTEST:
27f
• 28 �It1 GAlr2i.T E. ADrinis, City Clerk.•
(SEAL))
4Ro
ERT C. FRAZEE, lt7�yo
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