HomeMy WebLinkAbout1978-12-05; City Council; 5684; Request to Amend Planning Moratorium Don AgatepCITY OF CARLSBAD
Initial
AGENDA BILL NO: �17110Fy I Dept. Hd .1,r,
DATE: December 5, 1975
Cty. Atty \—
Cty. Mgr.
DEPP.RTMENT : Planning Department
SUBJECT:
REQUEST TO MM PLMING NORATORIUM - APPLICAR'T: DCN AGATEP
Statement of the Matter
Don Agatep, as agent for Newport Snores Builders and Gerald Behrendsen,'has requested an
amendment to the planning moratorium. This request would permit processing of a
revision to an approved tentative map when no additional sewer capacity will be required
as a result of the proposed revision.
Presently the planning moratorium contains exceptions for specific projects or if
alternative sewer system are approved. These is no exception to permit the processing
of a revision of an existing tentative subdivision map. Revisions may be -beneficial as
outlined in Mr. Agabvls letter and also to create development phases that coincide
with the amount of sewer allocated to a particular tract.
However, permitting revisions%to solve the above problem will also permit the revisions
of all other tentative maps. Therefore the City may wish to limit such exceptions to
minor cthanges. If this is desirable the exception should be limited to those that
will not add more units on lots, change the boundaries of the tract, be inconsistent
with the zone, or applicable specific plans, as well as not require additional sewer
capacity.
Exhibits
i Letter'fran Don Agatep dated November 28, 1978
Ordinance No. 7048, Plinni.ng Nbratorium
i
Pecomrbndati.on
If the City Council determines that an exception for revised tentative maps is
desirable you should direct the City Attorney to prepare documents amending
Ordinance No. 704E by adding the following:
9. Revision of an approved tentative subdivision map provided
no additional sewer capacity will be required, no additional
lots or units are proposed, the subdivision boundaries are
retained, and it is consistent with zoning and applicable
specific plans.
Agenda Bill No. 5684 Page 2
Council action:
i 12-5-78 Council directed the City Attorney to prepare the necessary
I documents amending Ordinance No. 7048 by adding the
! following exception regarding revised tentative maps:
Rev-ision of an approved tentative subdivision map
1 provided no additional sewer capacity will be
required, no additional lots or units are proposed,
and the subdivision boundaries are retained, and
it is consistent with zoning and applicable
specific plans.
November 28, 1978
City Council
City of Carlsbad
1200 Elm 'Street
Carlsbad, CA 92008
Re: Proposed Amendment to Ordinance,No. 1048, Sewer Moratorium
Mayor'Packard:
We have been retained by Newport Shores Builders and Gerald Behrendsen
to assist them in processing applications for sewer allocation and ten-
tative subdivision maps.
During recent discussions with the City of Carlsbad Departments of
Planning and Engineering, we have experienced some difficulties and
can foresee future difficulties with processing the proposed projects.
The sewer moratorium ordinance does not allow applications°for,dis-
cretionary approval and most importantly, does not provide for amend-
ments•to existing approved projects that do not require additional
sewer capacity. Therefore, we request that the City -Council consider
the following minor amendment to ordinance No. 7048.
1. Permit processing of a revision to an approved
tentative map .when no additional sewer capacity,
will be required as a result of the proposed
revision.
The need for this proposed amendment may be illuminated by�the Following
example. Newport Shores Builders has a tentative map, CT 76-7, approved
September 7, 1976 for the development of Seaport No. 5. The grading
plan for the proposed development indicates it will be necessary to
move approximately 100,000 cubic yards of. dirt. In an effort to minimize
grading operations and the related potential of sedimentation and siltat-
ion,of Batiquitos Lagoon, the developer has successfully negotiated with
the adjacent land owners to permit an alternate alignment off Arenal
Road. The proposed alignment would reduce excavation by 100,000 yards
compared to the approved alignment. As a result, the revised alignment
would be consistent with City of Carlsbad's open Snace,;Grading and
Improvement Policies and would also be consistent with Coastal Commission
guidelines. The subdivision lot configuration would be changed in a
minor way as a consequence of the realiqnment: additional lots would not
be created. The same number (45) sewer hook-ups would be required for
both the existing tentative map and the proposed revision. Seaport has
2921 Roosevelt Street • Post Office Box 590 • Carlsbad • CA 92008 • (714) 729-8973
Page Two, Letter to the ,City of Carlsbad's City Council - Mayoi Packard,
November 28, 1978
.not been allocated sewer for the -approved tentative map although the
improved road design would reduce potential adverse impacts.
2'his •admendment adheres to the intent of Ordinance No. 7048. The pro-
posed change would not increase the rieed for additional sewer capacity
but would allow utilisation of existing capacity.
Thank you in advance for your expeditious treatment of our request.
Sincerely,
Donald A. Agatep
Planning Consultant
DAA/,
p.c: Mr. Paul Bussey, City Manager, City of -Carlsbad
Mr: Gerald Behrendsen i
Mr. Jack Gleason, Newport Shores Builders
0
ORDINANCE. 7048
2 AN INTERIM ORDINANCE OF' THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED
AS AN URGENCY MEASURE PROHIBITING THE APPLI-
4 CATION FOR AND APPROVAL OF DISCRETIONARY
APPROVALS PURSUANT TO TITLE 20, OR TITLE 21,
5 OF THE CARLSBAD MUNICIPAL CODE DUE TO THE UN-
AVAILABILITY OF•SEWER SERVICE SUBJECT TO
6 CERTAIN EXCEPTIONS.
7- WHEREAS, the City Council has by the adoption of an
8 Emergency Ordinance declared a City-wide moratorium on the
9 issuance of building permits dtie to the unavailability of sewer
10 services; and
11 WHEREAS, the Planning Department will undertake, by
e 3.2, direction of the City Council, a comprehensive review of Title 20
5 g 13 regarding subdivisions, and Title 21 regarding zonings, in the
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14 City of Carlsbad. Such review to take cognizance of the problem
O O z a 2
U 1S of the lack of sewer service and prepare recommendations as to
wse, 16 whether or not the Municipal Code needs to be revised in order
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>za 17 to deal with the situation in regards to discretionary land use
18, approvals. Such recommendations to also include consideration
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19 of some form of allocation system in the event additional
20 amounts of capacity become available to the City; and
23. WHEREAS, the City Council has determined that it is
22 necessary to protect the public safety, health and welfare to
16� adopt this urgency measure as an interim ordinance prohibiting
'24 any further application for or approval of discretionary approvals
25 to prevent adding increased demand to an already insufficient
26 amount of sewer capacity and to insure that an allocation system,
27 if adopted, fairly can apply to all.
28 NOW, THEREFORE, BE IT ORDAINED by the.City Council of the
.1 City of Carlsbad, Ca]:iforni4, as follows: .
2 SECTION 1: That all processing and approval of discretion-
3 ary entitlements pursuant to Title 20 or Titlr, 21 of the Carlsbad
41 Municipal Code as of the effective date of this ordinance is
5 hereby prohibited subject to the following 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 Water Districts may be accepted and
9 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.
12 The application may be approved if the City Council finds that
O
g 13 sewer service remains available and will continue to remain
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a 14 available concurrent with need in connection with the development.
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p�,a-0 15 2. Applications for conditional use permits, variances,
W � W CS
23
WZ8Q- 16 reversions to acreage, certificates of compliance and adjustment
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a a 17 plots may be accepted, processed and approved if the City Manager
v 18' determines that the approval of such item will not require any
1 19 new sewer connection.permit. The City Manager's determination,
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.
25
.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.
FEW
l 6. Any application for which the Carlsbad Municipal Code
2 provides an alternative method of sewer disposal for the project
3 site, may be accepted processed and approved.
4 7. The City Council may grant exceptions for projects .
5 of other governmental agencies if the City Council in its sole
6 discretion determines that the project is necessary and in the
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 Government Code Section 65858 for
s
8 13 the reasons set out in the recitals hereto and shall take effect
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90z z 14 immediately.
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m a2, 15 SECTION 3: The City Clerk of the City of Carlsbad shall
1u • a 6
w Zs 16 certify to the adoption of this ordinance and cause it to be
,LOAN
;> < 17 published once in the Carlsbad Journal within fifteen days 'after,
18 its adoption.
19 APPROVED, PASSED AND 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 wit:
'22 AYES: Councilmen Frazee, Lewis, Packard; Skotnicki and
23 NOES: None Councilwoman Casler
24 ABSENT: None
25
' 26
ROBERT C. FRAZEE, �Vyo
TTEST:
.27
2$ 3A GIL�T E. ADAriS, City Clerk
(SEAL)
3.