The URL can be used to link to this page

Home My WebLink About1979-10-16; City Council; 5947-1; Amendment to planning moratoriumCITY OF CARLSBAD n INITIAL AGENDA BILL NO: d"9 ¥7* ^Lu^^oJ^^^JC "**V Dept. Hd. DATE: October 16. 1979 City Atty DEPARTMENT: Planning City Mgr. SUBJECT: Amendment to Planning Moratorium to allow processing for projects to be served by satellite sewer plants. ZCA-11-7 . STATEMENT OF THE MATTER: At your August 29, 1979 meeting, you.directed the City Attorney to prepare an amendment to the Planning Moratorium which would provide an exception if sewer service is reasonably expected to be available from a satellite sewer treatment plant. The City Attorney drafted the ordinance amendment as Exhibit A, dated September 9, 1979, recommended that this ordinance amendment be adopted. During staff discussion on this matter, a question was-raised as to how this amendment might impact our population projections and, therefore, the release of grant monies "by agencies'who use those projections as quotas. As pointed out in previous documents reviewed by Council, many areas of the City have already exceeded the population -projections we are currently using (Series IVB population projections developed by the Comprehensive Planning Organization). The current moratorium on building permits and planning applications because of the lack of sewer capacity, although not directly linked, has created an artificial growth limitation. Staff believes that although the attached admendments to the Planning Moratorium could affect the timing of new growth (i.e. if all planning approvals have been received when sewer becomes available, building permits could be issued that much sooner), they will not significantly impact the populations projections themselves. Staff also believes' that the Council-directed programs, they are currently developing, such as growth management and an agricultural policy, will mitigate any possible impacts on the .projection in the long-term. Exhibits Staff Report, dated 10/10/79 Planning/Commission Resolution No. 1555 with Exhibit A, Dated 9/7/79. / Recommendation The Planning Commission and Planning staff recommend that ZCA-117 be adopted. If the City Council agrees, your action is to introduce Ordinance No. 9jT.79 FORM -- PLANNING 79 AGENDA BILL NO. 5947 - Supplement #1 Page 2 Council Action: 10-16-79 Council introduced Ordinance No. 9539, amending the Municipal Code to allow the processing of developmental approvals subject to certain conditions if the Council finds sewer service will be available concurrent with need, subject to clarification that approval from the State will be initial approval, not certification 11-6-79 Council adopted Ordinance No. 9539. MEMORANDUM DATE: October 10, 1979 TO: Planning Commission FROM: Planning Department SUBJECT ZCA-117. AMENDMENT OF MORATORIUM TO ALLOW PROCESSING FOR PROJECTS TO BE SERVED BY SATELLITE PLANTS The City Council, at their meeting of August 29, 1979, directed the City Attorney to prepare an amendment to the Planning Moratorium which would provide an exception when the City Council finds that sewer service is reason- ably expected to be available from a satellite treatment plant. As you know, the Planning Moratorium has been incorporated as a part of the Carlsbad Municipal Code, Chapter 21.49. That chapter was adopted as a zoning measure with public hearings before the Planning Commis- sion and the City Council. In accordance with the Council's direction the ordinance has been prepared and is attached hereto. Recommendation It is recommended that ZCA-117 be APPROVED as contained in Exhibit A dated September 7, 1979, based on the following findings: 1. An Environmental Impact Assessment has been reviewed and a Negative Declaration issued for the subject amendments based on the following facts a) The amendment is administrative in nature and would not result in any significant environmental impacts. b) Additional environmental review is required on a project-by-project basis. 2. The amendment is necessary to permit efficient processing of development requests in areas of proposed satellite treatment plants. BP: jd 1 PLANNING COMMISSION RESOLUTION NO. 1555 n A RESOLUTION OF THE ^PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING , APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTER 21.49, - SECTION 21.49.020 TO ALLOW THE PROCESSING OF DEVELOPMENTAL APPROVALS SUBJECT TO CERTAIN 5 -, i ,., -, c .,„ ,„ 22 o-z pp. 27 CONDITIONS, IF THE CITY COUNCIL FINDS THAT SEWER SERVICE WILL BE AVAILABLE CONCURRENT WITH NEED. 6 CASE NO. : ZCA-117 APPLICANT: CITY OF CARLSBAD 8 WHEREAS, the City Council, at their meeting of August 29, 1979, directed the City Attorney to prepare an amendment to the Planning Moratorium which would provide an exception to said moratorium in the event the City Council should find that sewer service is reasonably expected to be available from a satellite sewage treatment plant; and WHEREAS, the Planning Commission of the City of Carlsbad, did hold a duly noticed, public hearing on October 10, 1979, to consider the subject amendment; and WHEREAS, the Planning Commission received all testimony and arguments, if any, of all persons desiring to be heard, and upon hearing and considering all factors relating to Zone Code Amendment 117, found the following facts and reasons to exist: 1. An Environmental Impact Assessment has been reviewed and a Negative Declaration issued for the subject amendment based on the following facts: The amendment is administrative in nature and will not result in any significant environmental impacts. Pfi Additional environmental review is required on a project- by-project basis. 2. The amendment is necessary to permit efficient processing of development requests in areas of proposed satellite treatment plants. ., _ RECOMMENDED APPROVAL of ZCA-117, as per attached Exhibit A, . c „ o .,0 .. 1 1 A .,„ .. g o-i 28 .,,- Subsection (11) to read as follows: " (11) Applications for projects located within the service territory of the City of Carlsbad to be served by a satellite sewage treatment facility may be accepted and processed provided such facility has been approved by the City Council and the State WHEREAS, the Planning Commission, by the following vote, dated 9/7/79, as follows: SECTION 1: That Title 21, Chapter 21.49, Section 21.49.020 of the Carlsbad Municipal Code is amended by the amendment of Subsection (1) to add the following: "Such applications may also be accepted and processed provided the applicant submits a letter from such District indicating that sewer service will be available to serve the development and provided further that the City Council finds that it is reasonable to expect that sewer service will be available to serve the development concurrent with need. The approval for any project processed pursuant hereto shall be subject to a condition that final maps may not be approved nor building permits issued until the City Council finds that sewer capacity is in fact available and valid sewer connection permits have been issued." SECTION 2: That Title 21, Chapter 21.49, Section 21.49.020 of the Carlsbad Municipal Code is amended by the addition of -o of California and provided, further, that the City Council finds that it is reasonable t expect that sewer capacity from such facility will be available to serve the project concurrent with need. The approval of any project processed pursuant hereto shall be subject to a condition that final maps or other similar approvals may not be given until the City Council finds that sewer capacity is in fact available. Building permits shall not be issued until a valid sewer connection permit has been issued which may be subject to such system for the alloca- tion of capacity in the satellite plant as the City Council adopt. " AYES: Schick, Rombotis, Marcus, Jose, Larson NOES: None ABSENT: None ABSTAIN: None // 1 NOW, THEREFORE, BE IT HEREBY RESOLVED that the Planning 9 Commission recommends to the City Council that the Zone Code 3 Amendment 117 be approved, and that the above recitations are 4 true and correct. 5 6 8 9 ATTEST: 10 11 EDWIN S. SCHICK, JR. Chairman Carlsbad Planning Commission JAMES C. HAGAMAN, Secretary Carlsbad Planning Commission 13 14 15 16 ZCA-117 17 18 19 20 21 22 23 24 25 26 27 28