HomeMy WebLinkAbout1978-09-05; City Council; 5563; Public Facilities Sewer AvailabilityCITY OF CARLSBAD
AGENDA BILL NO. ^5* ^^ _ _ Initial
Dept. Hd. AC A—
DATE: _ September 5, 1978 _ C. Atty. S>
nl . C. Mgr.
DEPARTMENT: Planning
SUBJEC: " : 'ZCA-98 - Public Facilities Sewer Availability
Statement of the Matter
On April 18, 1978, the City Council directed staff to prepare a Zone Code
Amendment to recognize lack of sewer availability in Carlsbad. The City
Attorney drafted the ordinance as Exhibit "A" dated July 12, 1978, which
was submitted to the Planning Commission for hearing. The Planning Com-
mission has recommended approval of this amendment with the addition of
recognizing sewer allocation program adopted by other local sewer agencies
within Carlsbad (see last line of Section 2.44.020). The finding section
of the ordinance was also modified to reflect this change. The amended
document is known as Exhibit-"A" dated July 18, 1978 as attached to Plan-
ning Commission Resolution 1458.
Exhibits
Planning Commission Resolution No. 1458
with attached Exhibit A dated July 18, 1978 .
Staff report dated June 28, 1978, containing
Exhibit A dated June 28, 1978.
Memo from City Attorney to City Council dated August 30,1978.
Recommendation
It is recommended that the City Council direct the City Attorney to prepare
documents approving ZCA-98, as per Planning Commission Resolution No. 1458.
Council Action:
9-5-78 Council instructed the City Attorney to prepare the necessary
documents approving ZCA-98, as per Planning Commission
R.solution No. 1458, subject to the deletion of the words
"er other local sewer agencies" in the last line of Section/d 21.44.020.
PLANNING COMMISSION RESOLUTION NO. 1458
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF '
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.44,
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 21.44.020 TO CONDITION THE DEVELOPMENT OF ALL
PROPERTY IN THE CITY UPON THE CITY COUNCIL DETERMINATION
THAT SEWER SERVICE IS AVAILABLE PURSUANT TO SUCH SEWER
ALLOCATION SYSTEM AS THE COUNCIL MAY ADOPT.
CASE NO.: ZCA-98
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WHEREAS, the Planning Commission did on June 28, 1978,
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July 12, 1978 and July 26, 1978, hold duly noticed public
10 hearings as prescribed by law to consider said request; and
11 WHEREAS, at said public hearing, upon hearing and considering
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the testimony and arguments, if any, of all persons who desired
13 to be heard, said Commission considered all factors relating to
14 the ZCA-98 and found the following facts and reasons to exist:
15 1. Sewer service is essentially unavailable in the City of
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Carlsbad, and this fact should be recognized in the Zoning Code.
17 2. Since development cannot take place without sewer, it
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is necessary to subject such development to further approvals
pursuant to a sewer allocation system.
3. The proposed project is administrative in nature and
merely alters the Zone Code to reflecting existing conditions and
policies.
4. The project is consistent with, and reinforces the City's
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General Plan Public Facilities-Element, that requires existance of
adequate public facilities and services prior to any discretionary
actions by the City Council.
NOW, THEREFORE, BE IT resolved by the Planning Commission of
the City of Carlsbad as follows:
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6 the following vote, to wit:
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9 ABSTAIN:
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A) That the above recitations are true and correct.
B) That it does hereby recommend approval to the City Council
of an amendment to Title 21 of the Municipal Code as set forth
in Exhibit A, dated July 18, 1978, attached hereto.
" PASSED APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on August 9, 1978, by
AYES:
NOES:
ABSENT:
JERRY ROMBOTIS, ChairmanJL&
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__ | ATTEST:15
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17 JAMES C, HAGAMAN, Secretary
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EXHIBIT "A"
-JULY 18, 1978
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
.. CITY OF CARLSBAD, CALIFORNIA, AMENDING
.TITLE 21, CHAPTER 21.44 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 21.44.020 TO CONDITION THE
DEVELOPMENT OF ALL PROPERTY IN THE CITY
UPON THE CITY COUNCIL DETERMINATION THAT
SEWER SERVICE IS AVAILABLE PURSUANT TO
SUCH SEWER ALLOCATION SYSTEM AS THE
COUNCIL MAY ADOPT.
The City Council of the City of Carlsbad, California, does
ordain, as follows:
SECTION 1: That Title 21, Chapter 21.44, of the Carlsbad
Municipal Code is amended by the amendment of Section 21.44.020
to read as follows:
"21.44.020 Limitation of land use—sewer availability. :
Except as provided in this chapter, no building shall be erected,
reconstructed or structurally altered, nor shall any'building
or land be used for any purpose other than is specifically
permitted in the same zone in which such building or land is
located. Any rights heretofore granted for such development by
Title 21 are hereby qualified and made subject to Chapter 18.05
of this code. Notwithstanding the zoning which applies to any
property within the City of Carlsbad, that property may not be
developed unless it is determined that sewer service is available
to serve such development and the City Council approves issuance
of permits therefor pursuant to a sewer allocation system as the m
City or other local sewer agencies may adopt."
SECTION 2': That the City Council finds that the amendment
of Title 21, as set out in Section 1 hereof, is necessary to
preserve the public health, safety and welfare due to the
unavailability of sewer service in the City of Carlsbad. All
\of the zoning approvals contained in the City's official zoning
map and Title 21, the City of Carlsbad Zoning Ordinance, were
premised upon the continued availability of adequate sewage treat-
ment capacity in the Encina Regional Sewage Treatment Facility.
Due to events largely beyond the control of the City of Carlsbad,
its capacity in that plant has'been exhausted. The situation
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will continue for the foreseeable future.'' The City Council finds
that it is. necessary to recognize this change and underlying
.assumptions by the adoption of this ordinance which qualifies
all zoning approvals by also requiring an individual to satisfy
the City's sewer allocation system before proceeding to develop
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his property. Portions of the City are served by other local
sewer agencies which are also experiencing problems of lack of
sewer capacity. The sewer allocation system will make provisions
for such areas. The Council does not consider it desirable or
feasible to rezone the entire City to reflect the lack of sewer
capacity. . The Council intends to leave its zone map and zone
code in effect; however, because development cannot take place
without sewer, it is necessary to subject such development to
further approvals pursuant to a sewer allocation system. The
system is necessary to insure that such limited amounts of
capacity that may be available to the City are allocated for use
in a balanced manner to insure that the commercial, industrial
and residential balance in the community is preserved and that *
the City sewer capcity will be used in such a way as to maximize
the benefit in the interest of all the citizens of Carlsbad.
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 pubMished
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at &. meeting of the Carlsbad
City Council held on the _ __day of [ _ , 1978,
and thereafter
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PASSED AND ADOPTED at a meeting of said City Council held
on 'the ___^ day of ... • , 1978, by the following vote,
to wit:
AYES:
NOES: ,
IABSENT:
ABSTAIN:
RONALD C. PACKARD, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL) '
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STAFF REPORT
TO: Planning CommissionjM/
FROM: Planning Department—I^
DATE: June 28, 1978 ^^
CASE NO.: ZCA-98, PUBLIC FACILITIES SEWER AVAILABILITY .
APPLICANT: CITY OF CARLSBAD
REQUEST: APPROVAL OF A ZONE CODE AMENDMENT TO CONDITION THE
DEVELOPMENT OF ALL PROPERTY IN THE CITY UPON CITY
COUNCIL DETERMINATION THAT SEV7ER SERVICE IS AVAILABLE
PURSUANT TO SUCH SEWER-ALLOCATION SYSTEM AS THE COUNCIL
MAY ADOPT.
RECOMMENDATION:
Staff recormends that ZCA-98 be APPROVED as set forth in Exhibit
A, attached, for the following reasons:
1. Sewer service is essentially unavailable in the City of
, Carlsbad, and this fact should be recognized in the Zoning
Code. '
2. Since development cannot take place without, sewer, it is
necessary to subject such development to further approvals
pursuant to a sewer allocation system.
BACKGROUND REPORT
HISTORY AND RELATED CASES:
The City Council at their April 18, 1978 meeting 'approved the
staff recommendation that we amend the General Plan Land Use
Element and the Zoning Code to recognize the lack of sewer
availability in Carlsbad. A companion .case (GPA-52) , will
be heard before the Planning Commission July 12, 1978, to
consider amending the Land Use Element of the Carlsbad General
Plan by addition of a subsection regarding sewer availability;
ENVIRONMENTAL IMPACT INFORMATION:
A Declaration of Negative (Non-Significant) Environmental Impact
has been issued on this project for the following reasons-:
1. The proposed project is administrative in nature and merely
alters the Zone Code to reflect existing conditions and
policies.
Staff Report — ^ •
; ZCA-98
Page two .
2. The project is consistent with, and reinforces the City's
General Plan Public Facilities Element, that requires exis-
tance of adequate public facilities and services prior to
any discretionary actions by the City Council.
DISCUSSION; „„_-.
The proposed Zone Code Amendment will recognize the present lack
of sewer availability in Carlsbad, and condition future develop-
ment on any sewer allocation system the City Council may adopt.
All zoning approvals in the Zoning Code are premised on the
continued availability of adequate sewage treatment capacity
at the Encina Sewage Treatment Plant. The capacity at the plant
has been exhausted and the situation will continue in the fore-
seeable future. It is not feasible or desirable to rezone the
entire City to reflect the lack of sewer capacity, but some
statement in the Zone Code is necessary to recognize the
existing condition.
The proposed ZCA (see attached Exhibit A) amends Section 21.44.020
in the "Uses Generally" Chapter of the Code to add wording that
qualifies the zoning applied to any property by requiring that
sewer service be available to that property before development
can occur. It further stipulates that sewer permits be issued
according to such a sewer allocated system as the City may adopt.
This system is necessary so that what limited amounts of sewer
capacity that becomes available to the City, is allocated for
use in a balanced manner.
DA:ms
Attachment: Exhibit A
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EXHIBIT'A.
ORDINANCE NO.
. . AN ORDINANCE OP THE CITY'COUNCIL OF THE
' •'•""CITY OF CARLSBAD, CALIFORNIA, AMENDING
.TITLE 21, CHAPTER 21.44 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 21.44.020 TO CONDITION THE
.DEVELOPMENT OF ALL PROPERTY IN THE CITY- :
I.I " . ". " "UPON'THE "CITY COUNCIL DETERMINATION THAT "
I ". ".SEWER SERVICE IS AVAILABLE PURSUANT TO
fc. SUCH SEWER ALLOCATION SYTEM AS THE .. '
COUNqiL 'MAY ADOPT. • ' . .
i • The City Council'-'of the City of Carlsbad, California, does
ordain as follows: ' ,-".'•
. SECTION 1: That Title 21, Chapter 21.44, of the Carlsbad
Municipal Code is amended by the amendment of' Section 21.44.020
to read as fo.llows: • .
"21.44.020 Limitation of land use—-_sewer availability. Except
as provided in this chapter, no building shall be erected,
reconstructed or structurally altered, nor shall any building or
land be used for any purpose other than is specifically permitted
in the same zone in which such building or land is located. Any
rights heretofore granted for such development by Title 21 are
hereby qualified and made subject to Chapter 18.05 of this code.
Notwithstanding the zoning which applies to any property within
the City of Carlsbad, that property may not be developed unless
it is determined that sewer service is available to serve such
development and the City Council approves issuance of permits
therefor pursuant to such sewer allocation system as the City
may adopt." . *
SECTION 2: That the City Council finds that the amendment
of Title 21, as set out in Section 1 hereof, is necessary to
preserve the public health, safety and welfare due to the
unavailability of sewer service in the City of Carlsbad. -All .
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of the zoning approvals contained in the City's official zoning
map and Title 21, the City of Carlsbad Zoning Ordinance, were
premised upon the continued availability of adequate sewage treat-
in e n t capacity in the Encina Regional Sewage Treatment Facility.
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Due to events largely beyond the control of the City of Carlsbad,
its capacity in that plant has been exhausted. The situation
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will continue for the foreseeable future. The City Council finds
that it is necessary to recognize this change and underlying
assumptions by the adoption of this ordinance which qualifies
all zoning approvals by also requiring^, an individual to satisfy
the City's sewer allocation system before proceeding to develop
vA '
his property.A^The Council does not consider it desirable or
feasible to rezone1 the entire City to reflect the lack of sewer
capacity. The Council intends to leave its zone map and zone
code in effect; however, because development cannot take place
without sewer, it is necessary to subject "such development to
further approvals pursuant to a sewer allocation system. The
system is necessary.to insure that such limited amounts of
capacity that may be available to the City are allocated for' use •
in a balanced manner to insure that the commercial-, industrial
and residential balance in the community is preserved and that
the City' sewer capacity will be used in such a way as to maximize
the benefit in the interest of all the citizens .of Carlsbad.
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 meeting of the Carlsbad
City Council held qrr"Ehe day of _, 1978
and 'thereafter
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PASSED AND ADOPTED at a meeting ^f said City Council held
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on the^.__ u_^ay ofL ; / 1978, by the following vote,
wit: . •
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AYES: - *.•
NOES: . .
. ABSENT:* ^
RONALD C. PACKARD, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL) ' - '
3. '
MEMORANDUM
DATE: August 30, 1978
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: ZCA-98 - PUBLIC FACILITIES SEWER AVAILABILITY
At your September 5, 1978 meeting, the Council will consider
ZCA-98 which would amend the Zoning Code to condition develop-
ment of all property in the City upon the City Council's
determination that sewer service is available. This zone
change is the first of a series of actions which the Council
will be asked to consider in regards to our lack of sewer
capacity.
The ordinance before the Planning Commission was prepared by
my office. The Commission had some concern that the ordinance
did not properly recognize that portions of our City are.
served by other sewer agencies. The commission was reminded
that the existing sewer moratorium applies city wide. Leucadia
is recognized by an exception to the moratorium in the Phase I
allocation system for projects which can demonstrate that sewer
service is available from the district. The ordinance carries
that approach forward. It is anticipated that the Planning
Department will recommend that the Phase II Allocation System
contain a similar exception for the Leucadia area. In addition
the ordinance expressly references Chapter 18.05 which provides
for the Leucadia exception. Nevertheless, in response to that
concern, the ordinance was redrafted and the following sentence
was added to Section 2, Page 2, Line 6:
"Portions of the City are served by other local
sewer agencies which are also experiencing
problems of lack of sewer capacity. The sewer
allocation system will make provisions for such
areas."
The addition of the above quoted language makes it doubly
clear the City recognizes the multiplicity of sewer service
agencies in our City and my office had no objection to its
inclusion in the ordinance.
Mayor and City Council -2- August 30, 1978
The Planning Commission made one further change in the terms
of the ordinance in Section 1, Page 1, Line 18, where they
added the words, "...or other local sewer agencies..." It is
a technical matter, but the inclusion of those words does change
the basic effect of the ordinance. The ordinance conditions the
development of the property on a determination by the Council
that adequate sewer service is available pursuant to an allocation
system. The decision is for the City Council, as required by our
Public Facilities Element. In the past, the Council has determined
to recognize the allocation systems of other agencies by incor-
porating them as a part of our own system. The Planning Commission's
language creates the possibility that the adoption by Leucadia of an
allocation system would give the developer the right to go forward
even if the City Council was not in agreement with the district's
determination in regards to sewer service availability.
In my opinion the Line 18 changes are unnecessary to meet the
Planning Commission's concerns which are adequately taken care of
by the Section 2 addition. It is my recommendation that the words
"...or other local sewer agencies..." be deleted from the ordinance.
VFB/mla
cc: City Manager
VINCENT F. BIONDO, JR.
City Attorney