HomeMy WebLinkAbout1980-01-03; City Council; 5998-5; Sewer allocation - Aquaculture ApplicantCITY OF CARLSBAD
AGENDA BILL NO. 5998—Supplement 5
DATE: January 3, 1980
DEPARTMENT:City Attorney
Initial:
Dept.Hd.
C. Atty.
C. Mgr.
Subject:
SEWER ALLOCATION—AQUACULTURE
APPLICANT: Mathew Lapota & Associates
Statement of the Matter
The City Council, at your meeting of December 18, 1979,
directed the City Attorney to prepare a resolution allocat-
ing 3.73 EDU'S from the Phase II Reserve to Mathew Lapota
& Associates for aquaculture on the north shore of Agua
Hedionda Lagoon. The resolution making the allocation is
attached. The allocation is subject to the permits and
fees provision of the Second Phase Sewer Allocation System.
Exhibit
Resolution No. (jp Q
Recommendation
If the City Council wishes to allocate 3.73 EDU'S for
aquaculture, your action is to adopt Resolution No. ^Q35".
Council Action:
1-2-80 Council adopted Resolution 6035, authorizing allocation of 3.73 EDU's
to Mathew Laopta & Associates for Aquaculture.
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RESOLUTION NO. 6035
A RESOLUTION OP THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE ALLOCATION OF 3.73 EDIT' S TO MATHEW
LAPOTA & ASSOCIATES FOR AQUACULTURE.
WHEREAS, Chapters 18.05 and 21.49-of the .Carlsbad Municipal
Code impose a moratorium on the processing of discretionary
approvals and on issuance of sewer permits and building permits
due to a lack of sewage treatment capacity; and
WHEREAS, said chapters authorize the City Council to adopt
an allocation system which provides for the issuance of a limited
number of sewer and building permits and the processing of some
discretionary approvals as an exception to said moratorium; and
WHEREAS, as a part of the adoption of the Second Phase
Sewer Allocation System, the City Council determined to reserve
approximately 300 EDU'S from the 1,312 available for allocation
to be used on a case by case basis, depending on benefit to
the community; and
WHEREAS, Mathew. Lapota & Associates has applied for 3.73
EDU'S for an Aquaculture operation, and after considering the
merits of said application, the City Council has determined
to approve said allocations because:
1. The project will involve a substantial investment
in Carlsbad which the City can obtain for a relatively
small number of EDU'S.
2. The project involves a potential for scientific benefits
to the community.
3. The use is consistent with all of the City's objectives to
preserve environmentally sensitive areas of the coast.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
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1. That the above recitations are true and correct.
2. That the City Council hereby authorizes allocations
of sewage treatment capacity from the Second Phase Reserve as
follows:
(a) Sewer connection permits for 3.73 EDU'S to
Mathew Lapota & Associates for a proposed
Aquaculture operation to be constructed on
the north shore of the outer Agua Hedionda
Lagoon by California Aquaculture.
(b) This allocation is conditioned upon compliance
with the permits and fees provision of the
Second Phase Sewer Allocation System as adopted
by Resolution No. 5933.
3. That this resolution shall constitute authorization
pursuant to Carlsbad Municipal Code Sections 18.05.030 and
21.49.030 to exempt said project from the building permit and
Planning moratoria imposed by Chapters 18.05 and 21.49 of the
Code. Pursuant to that exemption, the City Manager is authorized j
to accept applications for said project and to process them in
accordance with the provisions of the Carlsbad Municipal Code
as modified by the Second Phase Sewer Allocation System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California on the 2nd day of
January > 1980 by the following vote, to wit:
AYES:
NOES:
ABSENT: None
Councilmen. Packard, Sk'otnicki, Anear, Lewis and
Councilwoman Ca'sler
None
ATTEST:
RONALD C. PACKARD, Mayor
ULA^L. "K. iKf)
ALETHA L. RAUTENKRANZ, City Clea
(SEAL)
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