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Home My WebLink About1979-01-02; City Council; 5711; Planning MoratoriumCITY OF CARLSBAD Initial AGENDA BILL NO: ST 7 / / Dept. Hd. DATE: January 2, 1979 ' Cty* Atty Cty. Mgr. DEPARTMENT: Planning SUBJECT : PLANNING MORATORIUM CASE NO: ZCA-103 APPLICANT: CITY OF CARLSBAD Statement of the Matter The present planning moratorium was originally established by the City Council along with the moratorium on the issuance of building permits, on April 25, 1977- This moratorium is an interium ordinance adopted as an urgency measure. It has subsequently been amended and extended by the Council but is due to expire April 1979- Since sewer service is not available for further development, the City will need" to continue the moratorium on planning matters. The subject zone code amendment makes the planning moratorium a part of the city code (within the zoning ordinance). The subject ordinance is based on the interium ordinances presently in effect since April 1977. The Planning Commission has recommended approval of ZCA-103 as per an exhibit drafted by the City Attorney and the latest amendment which was adopted on December 19, 1978. (To allow time for preparation of such allocation system) In addition, the Planning Commission made a minute motion recommending that the City Council direct staff to prepare a sewer allocation system and that system be given priority status, and further that ZCA-103 not be effective until Apr! 1 1 , 1979. The City Attorney has prepared the documents necessary for adoption of the ordinance based on the Planning Commission action. EXHIBITS Ordinance N Staff Report dated December 13, 1978 Planning Commission Resolution No. RECOMMENDATION If the City Council concurs, introduce Ordinance No . (See Page 2 for Council Action) Agenda Bill No. 5711 Page 2 Counci1 action: 1-2-79 Ordinance No. 9518, amending Title 20 and Title 21 of the Carlsbad Municipal Code to impose a moratorium on developmental approvals in the City of Carlsbad due to the unavailability of sewer service subject to certain exceptions, was given a first reading by title only. 1-16-79 Council adopted Ordinance No. 9518. STAFF REPORT DATE: December 13, 1978 TO: Planning Commission FROM: Planning Department CASE NO: ZCA-103, Planning Moratorium APPLICANT: City of Carlsbad REQUEST: APPROVAL OF A ZONE CODE AMENDMENT TO ADD A CHAPTER TO THE ZONING ORDINANCE TO IMPOSE A MORATORIUM ON DEVELOPMENTAL APPROVALS IN THE CITY DUE TO THE UNAVAILABILITY OF SEWER SERVICE. Re commendation Staff recommends that ZCA-103 be APPROVED as set forth in Exhibit "A", attached, for the following reasons: 1. The lack of sewage treatment capacity in Carlsbad that prompted the present interim planning moratorium ordinance, still exists. The Ordinance will expire in April, 1979, and cannot be additionally extended, The Zone Code Amendment is therefore necessary to continue the planning moratorium. 2. The ZCA is needed to provide authority for adoption by the City Council, by resolution, of a sewer allocation system, if additional amounts of sewage treatment capacity becomes available in the future. History and Related Cases The present planning moratorium was originally established by the City Council, along with a moratorium on the issuance of building permits, April 25, 1977. The Council action was an interim ordinance adopted as an urgency measure. The moratorium was subsequently extended by the Council, and is due to expire this coming April, 1979. Shortly after adopting the initial planning moratorium, a Council Committee was appointed to establish a sewer allocation system, to accommodate those projects in process when the moratorium was instituted. The resultant First Phase Sewer Allocation System made its first sewer allocations in December, 1977. A subsequent revision to the First Phase System allocated sewer in April, 1978. Accompanying the most recent extension of the planning moratorium was a recommendation from staff that amendments be made to the City's General Plan and Zoning Ordinance, to reflect the current sewer situation. Also recommended was the development of a Second Phase Allocation System. General Plan Amendment 52 (Resolution No. 5550, October 3, 1978) amends the Carlsbad General Plan Land Use Element to recognize the fact that sewer service is essentially unavailable in the City. It goes on to condition future development on the provision of adequate sewer facilities or in accordance with such a Sewer Allocation Plan as the City Council may adopt. The companion piece, Zone Code Amendment 98 (Ordinance No. 9508, October 3, 1978) added similar language to the Zoning Ordinance. The zoning applied to any property that was qualified by requiring that sewer service be available to that property before development can occur. The Planning Director is currently working with the Council Committee to prepare a Phase Two Sewer Allocation System. It now appears that the system may not be ready for adoption until after the present moratorium expires. Environmental Impact Information A Declaration of Negative (Non-Significant) Environmental Effect has been issued on this project for the following reasons: 1) The proposed project is merely a recognition of existing policy and conditions in the Carlsbad Zoning Code. 2) The Zone Code Amendment is a response to a shortage of sewer treatment capacity, and is being proposed to insure protection of the public health and safety. Discussion The proposed Zone Code Amendment will add a chapter to the Zoning Ordinance pertaining to the planning moratorium. This chapter would key the ability to apply for planning approvals with certain exceptions, to the availability of sewer treatment capacity. It also provides authority for the adoption, by resolution, of procedures to allocate sewer capacity if any becomes available in the future. The Zone Code Amendment will essentially reflect in the Zoning Ordinance, the provisions of the current planning moratorium. This moratorium was adopted and extended as in interim ordinance. It is due to expire on April 18, 1979 and may not be further extended. It was contemplated that provisions for a planning moratorium would be carried forward and adopted as part of a Phase II Sewer Allocation System. It now appears that that system may not be ready for adoption until after the expiration day of the moratorium. The Zone Code Amendment will therefore act to extend the moratorium, and provide additional time for adoption of a new allocation system. Attachments Draft Ordinance No. .2 1 PLANNING COMMISSION RESOLUTION NO. I486 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE 3 CODE AMENDMENT TO TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF 4 CHAPTER 21.49 TO IMPOSE A MORATORIUM ON DEVELOP- MENTAL APPROVALS IN THE CITY OF CARLSBAD DUE TO 5 THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. CASE NO. ZCA-103 APPLICANT;CITY OF CARLSBAD 7 WHEREAS, the Planning Commission of the City of Carlsbad did 8 hold a duly noticed public hearing on December 31, 1978, to consider the subject amendment; and 10 WHEREAS, the Planning Commission received all testimony and 11 arguments, if any, of all persons who desired to be heard, and 12 upon hearing and considering all factors relating to Zone Code 13 Amendment 103, found the following facts to exist: 14 The present planning moratorium was originally established by the City Council, along with a moratorium on the issuance of building permits, April 25, 1977. The Council action was an interium ordinance adopted as an urgency measure and will expire in April, 1979. 17 General Plan Amendment 52 (Resolution No. 5550, October 3, •j_8 1978) , amends the Carlsbad General Plan Land Use Element to recognize the fact that sewer service is. essentially unavailable in the City, and conditions future development on the provision of adequate sewer facilities or in accordance with such a sewer 20 allocation-plan as the City Council may adopt. 21 Zone Code Amendment 98 (Ordinance No. 9508, October 3, 1978) conditioned development on availability of sewer services. 22 A declaration of Negative (Non-Significant) Environmental 23 Effect has been issued on this project for the following reasons: 24 !• Tne proposed project is merely a recognition of existing policy and conditions in the Carlsbad Zoning Code. 25 2. The Zone Code Amendment is a response to a shortage of sewer treatment capacity, and is being proposed to insure pro- tection of the public health and safety. 27 WHEREAS, the Planning Commission, by the following vote 28 approved ZCA-103 as set forth in Exhibit "A" dated October 13, 1 2 3 4 5 6 7 8 9 10 11 12 CARLSBAD PLANNING COMMISSION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1978, and Exhibit "B" dated December 19, 1978, attached hereto. AYES: Commissioners' Larson, L'Heureux, Marcus, Jose NOES: Commissioner Schick ABSENT: Commissioners' Rombotis & Wrench NOW, THEREFORE, BE IT HEREBY RESOLVED that the Planning ' Commission recommends to the City Council that the Zone Code. Amendment (ZCA-103) be APPROVED. INTRODUCED, APPROVED AND ADOPTED this 10th day of January, 1979. Stephen M. L'Heureux, Chairman ATTEST: James C. Hagaman, Secretary CARLSBAD PLANNING COMMISSION .2