HomeMy WebLinkAbout1978-10-03; City Council; 5578-15579-35580-1; General Plan AmendmentsCITY OF CARLSBAD
5578-Supplement 1; 55 79 -Supplement 3;
AGENDA BILL NO . and 5580-Supplement 1 _ Initial
Dept.Hd
DATE: October 3, 1978 _ _ -
DEPARTMENT : City Attorney . ___ __ C . Mgr .
Subject: GENERAL PLAN AMENDMENTS: 51 (A) and 51 (B) Lake Calavera Hills - Pay Ward;
GPA-52 Sewer Service Availability; and GPA-53 Siting of Satellite Sewer Treatment
Plants - City "f Ciarlshad __ ! --- -
Statement of the Matter
The City Council at your September 19, 1978 meeting directed the
City Attorney to prepare the necessary documents to amend the land
use element of the General Plan in several respects. GPA-51(A) revises
the land uses for the Lake Calavera Hills area. GPA-51(B) locates a
f looting "U" for a satellite treatment plant in the Lake Calavera Hills
area. GPA-52 amends the text of the land use element to condition all
development in the City on the provision of adequate sewer service.
GPA-53 also amends the text to provide for the siting of satellite
sewer treatment plants. In accordance with your direction a resolution
amending the General Plan has been prepared. GPA-52 was referred, back to the
Planning Commission for a report. A memorandum from the Planning Director
containing that report is attached.
Exhibit
Resolution No. ^Jf^^fQ approving GPA-51(A) , GPA-51(B) , GPA-52 and
GPA-53.
Planning Director's memorandum dated
Reconmendation
If the City Council desires to amend the General Plan as outlined in
the statement of the matter, your action is to adopt Resolution
No.
Council Action:
10-3-78 Council adopted Resolution No. 5550, amending the Land Use
Element of the General Plan to change the land use designations
in the Lake Calavera Hills area and to amend the text in
regards to sewer service availability and satellite sewer
treatment plants.
MEMORANDUM
DATE: September 28, 1978
TO: City Council Members
FROM: James Hagaman, Planning Director
SUBJECT: GPA-52, REPORT FROM PLANNING COMMISSION
The Planning Commission agreed with the City Council's request
to delete the paragraph in GPA-52 dealing with specific
limitations on the use of septic systems. In addition, the
Planning Commission felt that the requirement for a City
"Growth and Facility Management Plan" prior to development
was not necessary in the General Plan and therefore rec-
ommended that it be deleted. A Growth Management Plan may
be desirable but it should not be made a prerequisite to sewer
availability prior to City Council adopting such management
plan. If, upon adoption of a growth plan, the City Council
wishes sewer availability tied to the plan, a General Plan
Amendment could then be initiated.
The resolution prepared by the City Attorney contains three
modifications.
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RESOLUTION NO. 5550
A RESOLUTION OF THE .CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
THE LAND USE ELEMENT OF THE GENERAL PLAN
TO CHANGE THE LAND USE DESIGNATIONS IN
THE LAKE CALAVERA HILLS AREA AND TO AMEND
THE TEXT IN REGARDS TO SEWER SERVICE
AVAILABILITY AND SATELLITE SEWER TREATMENT
PLANTS. GPA-Sl(A), GPA-51(B) ROY WARD;
GPA-52 and GPA-53 CITY OF CARLSBAD.
WHEREAS, the Planning Commission did hold duly noticed public
hearings as prescribed by law to consider amendments to the Land
Use Element of the General Plan on July 12, 1978 (GPA-51(A)) and
August 9, 1978 (GPA-51(B), (GPA-52) and (GPA-53); and
WHEREAS, The Planning Director has determined that GPA-52
(Sewer Service Availability) and GPA-53 (Siting Satellite Sewer
Treatment Plants) will have a nonsignificant impact on the environ-
ment and a Negative Declaration has been prepared and filed. An
Environmental Impact Report has been certified for GPA-51 (A) and
51 (B), all in satisfaction of the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1972 and the
California Environmental Quality Act; and
WHEREAS, the City Council, on September 19, 1978, held a
duly advertised public hearing to consider said amendments and
at said time received the recommendations, objections, protests and
comments of all individuals and parties who desired to be heard;
and
WHEREAS, the City Council, after considering all the proposed
changes to the land use element, directed the City Attorney to
return with the documents necessary to accomplish the amendments;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
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A. That the above recitations are true and correct.
B. That this resolution and GPA-51 (A) , GPA-51(B), GPA--52
and GPA-53 are all part of a single amendment to the land use
element of the General Plan.
C. That the findings of the Planning Commission as set forth
in Planning Commission Resolutions No.1456 (GPA-51(A)), No. 1464
(GPA»51(B)), No. 1457 (GPA-52) and No.1463 (GPA-53) constitute the
findings of the City Council.
D. That the land use element of the General Plan is amended
as follows:
1. GPA-51 (A) and 51 (B): Change the land use designations
on approximately 800 acres of land generally located east of
El Camino Real and south of Highway'78 within the Lake Calavera
Hills Master Plan as shown on the map marked Exhibit B, GPA-51 (B)
Proposed Land Uses, attached hereto and made a part hereof.
2. GPA-53: The Land Use Element of the Carlsbad
General Plan is amended by the amendment of Chapter IV, Section (C)
(6) Public Utilities, at Page 28, to read as follows:
"(6) Public Utilities. The General Plan contemplates
that primary public utility facilities will be
located in areas that are classified "U" (Public
Utilities). This category of land use designates
areas, both existing and proposed, either being
used or which may be considered for use for public
or quasi-public functions. Sites delineated with
precise boundaries represent existing sites or
sites which have been precisely fixed by General
Plan Amendment for primary functions such as the
generation of electrical energy, treatment of
waste water, public agency maintenance storage
and operating facilities, or other primary utility
functions designed to serve all or a substantial
portion of the community. Sites identified with
a circular "U" designation indicate that the City
is studying or may in the future evaluate the
location of a satellite waste water treatment
facility in an area which could be located within
2.
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a one kilometer radius of the designation.
Specific siting for such facilities shall be
accomplished only by a change of zone, specific
plan adoption, or master plan approval for
developments in the Planned Community zone or
other similar actions adopted by ordinance which.
in any case shall be approved only after duly
noticed public hearings."
3. GPA-52: Amend the Land Use Element of the Carlsbad
General Plan by the amendment of Section IV(b) by the addition of
Subsection (6) Sewer Availability, to read as follows:
"(6) Sewer Availability. Due to the events largely
beyond the control of the City of Carlsbad, the
City has no capacity rights in the Encina Sewage
Treatment Plant available for new development.
In effect, sewer facilities are not available for
any development to be constructed within the City
of Carlsbad. This unavailability is expected to
continue for the fooreseeable future. As a result
of a lack of sewer facilities, the City Council
has determined that it is necessary to condition
further development of the City pursuant to this
land use element on the provision of adequate
sewer facilities. All of the designated land
uses contained in this element shall be inoperative
until such time as the City Council determines
that sewer facilities are available to serve the
property. The availability of sewer service will
be determined by the City Council in accordance
with such a Sewer Allocation Plan as the City
Council may adopt. Outstanding developmental
approvals shall not be exercised and new develop-
mental approvals shall not be given unless the
proposed project qualifies under a sewer allocation
system.
Notwithstanding anything to the contrary in the
general plan, developments may not occur in the
City of Carlsbad regardless of the land use
designation or other approvals which may have been
obtained unless the City Council gives its
approvals for such development in accordance
with such a Sewer Allocation Plan as the City
Council may adopt."
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 3rd day of October ,
1978 by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki , Anear, Lewis and
Councilwoman Casler
NOES : None
ABSENT: None s^" ^^^ * /^--•''^X sJ
^C^l *n«-&&z<£-. -&£t>^L-tzJs
RONALD C. PACKARD, Mayor
ATTEST:
dtctf». / i?*,.-^^
ALETI-IA L. RAUTENKRANZ, City^lerk
(SEAL)
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