HomeMy WebLinkAbout1979-04-19; City Council; 5564-2; Reclinding Resolution No.5534AGENDA BILL NO: <5"^ Le> * -
.CITY OF CARLSBAD
, Initial
DATE: April i«. 1979
DEPARTMENT: Planning (Redevelopment)
SUBJECT :
RESOLUTION OF THE CITY COUNCIL RESCINDING RESOLUTION NO. 5534 AND RETURNING
6 EDU'S TO THE REMAINING BALANCE OF EDU'S ORIGINALLY ALLOCATED TO CITY
CAPITAL IMPROVEMENT PROJECTS AND FAILING SEPTIC SYSTEMS.
Statement of the Matter
On September 19, 1978, Council adopted Resolution No. 5534 allocating
6 EDU'S to Mr. David Thompson's Village Commercial Project which was
to be constructed at 2922 Roosevelt Street, (Exhibit I) .
Mr. Thompson has notified the City that he is no longer pursuing the
project and desires to relinquish the 6 EDU'S, (Exhibit II) originally
allocated.
The resolution attached or Exhibit III accomplishes Mr. Thompson's
desire and returns the EDU'S to the remaining balance of EDU'S originally
allocated for City Capital Improvement Projects and failing septic systems,
Exhibits
^ I. Resolution No. 5534 dated 9/19/78
II. Letter from Mr. David Thompson dated March 26, 1979
III. Resolution No. <3~7*/ I rescinding Resolution No. 5534.
Recommendation
If Council desires to accept Mr. Thompson's relinquishment it should
adopt Resolution No. <j5""'7xV ' /
Counci 1 Action:
4-17-79 Council adopted Resolution 5741, rescinding Resolution 5534,
and returning 6 EDU'S to balance of EDU's originally allocated
to City Capital Improvement Projects and Failing Septic Systems.
*
•»
•"'•
. •
. o
m3
K. K
VINCENT F. BIONOO, JTTORNEY • CITY OF C>
0
.
*
1
2
3
4
5
6
7
8
9
10
11
12
i 13@
O)1200 ELM AVENUERLSBAD. CALIFORNIAH H M H-<2 O> O1 tf*5
18
' 19
20
21
22
23
• ' 24
25
'26
27
28
c-EXHIBIT 1
RESOLUTION NO. 5534
A RESOLUTION OF THE CITY COUNCIL OF-THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE ALLOCATION OF 6.0 EQUIVALENT DWELLING
UNITS TO DAVID THOMPSON FOR CONSTRUCTION
OF A VILLAGE COMMERCIAL/OFFICE COMPLEX
PURSUANT TO THE SECOND REVISION TO THE
FIRST PHASE SEWER ALLOCATION SYSTEM.
APPLICANT: DAVID RUHNAU, ARCHITECT.
WHEREAS, Chapter 18.05 of the Carlsbad Municipal Code imposes-
a moratorium on the issuance of sewer permits and building permits
due to a lack of sewage treatment capacity; and
WHEREAS, said chapter authorizes the City Council to adopt
an allocation system .which provides for the issuance of a limited
number of sewer and building permits as an exception to said
moratorium; and • . .
WHEREAS, the City Council, by their adoption- of Resolution
No. 5199, as revised by Resolution No. 5259, has adopted a First
Phase Sewer Allocation System and by their adoption of Resolution
No. 5303, has adopted a Second Revision to the First Phase Sewer
Allocation System to allocate certain additional treatment
capacity acquired by lease from the Encinitas Sanitary District?
and .
WHEREAS, David Ruhnau has applied for 6.0 Equivalent
Dwelling Units from the contingency reserve (redevelopment). After
considering the merits of said application, the City Council has
determined to approve an allocation of 6.0 EDU's.
NOW, THEREFORE/" BE IT RESOLVED by the City Council of the City
of Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes an allocation of
. ,*
1
2
3
4
5
6
7
8
9
10
11
12D
3 g 13. tc J5
3"^ 14§?!«i§<t 15
"-'•IS
g g 8 D 16
It 2 175 5
R 18O ->w
19
20
21
22
23
24
25^v»
26.
27
28
sewage treatment capacity as follows:
(a) Sewer connection permits for 6.0 EDU's from the
contingency reserve (redevelopment) for a proposed
10,800 sq. ft. Village Commercial/Office Complex
to be located at 2922 Roosevelt Street in Carlsbad.• •
(b) This is conditioned upon compliance with the permits
and fees provision of the Second Revision to the
First Phase Sewer Allocation System as adopted by
Resolution No. 5303, except that the applicant shall
have until March 19, 1979 to obtain Coastal Commission
approval and obtain his conditional use permit and
building permit. Failure to file a completed
application by March 19, 1979 v/ill revoke this
sewer allocation.
3. That this resolution shall constitute authorization
pursuant to. Carlsbad Municipal Code Section 18.05.030 to exempt
- •
said project from the building permit moratorium imposed by
Chapter 18.05 of the Code. Pursuant to that exemption, the City
.
Manager is authorized to accept building permit applications for
said projects and to process them in accordance with the provisions
- «
of the Carlsbad Municipal Code as modified by the Second Revision
to the First Phase Sewer Allocation System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California on the 19th day of
September , 1978 by the following vote, to wit:
AYES: Council men Packard, Anear, Lewis and Council woman
CaslerNOES: None . ,"" ^~ — ^
ABSENT: Councilman SkotnickiV^^ * /^*~~~2'' s?
IsTi^ £ r S^* I *^J» £^^j^/lf^-t-^t^^^- - ^^ <!£^~rt.*i*—>f'^
RONALD C. PACKARD, Mayor V
ATTEST: -^-*"
^ x?
ALETHA L. RAUTENKRANZ, City C^-rk
(r
(SEAL)
* . '
2 .
EXHIBIT 2
P. O. Box 576,
Carlsbad, Ca. 92008
March 26, 1979
City of Carlsbad,
Planning Department
Carlsbad, Ca. 92008
Attention: Mr. Henthorne
Re: 6 sewer allotments
for Roosevelt St.
Dear Mr. Henthorne:
This is to formally post notice that I choose
not to pursue my original plans of construction on
my Roosevelt street property.
In following with the original requirements
and conditions of the sewer allocation for full
coastal and city building permits by mid March.
Since I choose not to continue, and therefore
not meet the conditions, I am relinquishing my six
sewer allocations.
incerely,
David Thompson
DT:en
•MECEIVEE
MAR 2 8 1979
CITY OF CARLSBAD
Planning Department
EXHIBIT 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 5741
RESOLUTION OF THE CITY COUNCIL RESCINDING
RESOLUTION NO. 5534 AND RETURNING 6 EDU'S
TO THE REMAINING BALANCE OF EDU'S ORIGINALLY
ALLOCATED TO CITY CAPITAL IMPROVEMENT PROJECTS
AND FAILING SEPTIC SYSTEMS
WHEREAS, via Resolution Number 5534, the City Council of the
City of Carlsbad granted Mr. David Thompson 6 EDU'S of sewer
capacity for the purpose of permitting construction of a commercial
development at 2922 Roosevelt Street in the City of Carlsbad; and
WHEREAS, Mr. Thompson, in a letter dated March 26, 1979,
notified the City that he is no longer pursuing said project and
desires to relinquish the originally granted 6 EDU'S.
NOW, THEREFORE, be it resolved by the City Council of the
City of Carlsbad, California, that the provisions of Resolution
Number 5534 are hereby rescinded.
BE IT FURTHER RESOLVED that the 6 EDU'S are hereby added to
the remaining balance of the original EDU'S allocated to City
Capital improvement projects and failing septic systems.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Carlsbad, California, at an Adjourned Regular Meeting, held
the 17th day of April 1979.
AYES: Councilmen Packard, Skotnicki, Lewis and
Councilwoman Casler
NOES: None
ABSENT: Councilman Anear
'RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City Cleirk
(SEAL)