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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 e.< ' S 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 � o^� >za 17 to deal with the situation in regards to discretionary land use 18, approvals. Such recommendations to also include consideration • s 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 �Q 2 a 14 available concurrent with need in connection with the development. 00:Z 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 } zo'm 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 �a 90z z 14 immediately. O ¢ 0 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.