HomeMy WebLinkAbout1980-02-05; City Council; 6154; Waive Planning moratoriumCITY OF CARLSBAD
11
AGENDA DILL MO.
DATE: February 5, 1980
DEPARTMENT:Engineering
SUBJECT:REQUEST TO WAIVE PLANNING MORATORIUM FOR
A PARCEL MAP - R.C. JEWETT COMPANY
STATEMENT OF THE MATTER
Section 21.49.020 of the Municipal Code prohibits processing or
approval of any entitlement for development unless sewer service
is available. A considerable number of applications for tentative
parcel maps have been denied due to inadequate sewer capacity to
service each newly created lot. During the Phase II Sewer Allo-
cation, EDUs were granted to applicants who now wish to subdivide
property and use their EDUs on only a portion of their existing
lot. For instance, the R.C. Jewett Company has been allocated 20
EDUs in the Commercial Category. The property for which the EDUs
were granted consists of 19 acres, and the developer does not wish
to encumber the entire parcel. They are requesting that the Council
allow them to subdivide the nineteen acres into three parcels, only
one of which will have sewer capacity. The City Code does not
permit the desired subdivision.
EXHIBIT
Letter from R.C. Jewett Company
Location Map
RECOMMENDATION
Deny the request for permission to subdivide property and create
lots for which no sewer is available.
Council Action:
2-5-80 Council denied the request.
R. C. JEWET 3MPANY 1150 E. Kim Avcntte, Itil/ci'ton.Califo 12631 (714) 870-9580
January 24, 1980
-.- ,Mr. Les Evans "' " ;-•• :.«^ ,.,,.
City Engineer
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA. 92008
Re: Conflict between Sewer Allocation and
Planning Moritorium re: Subdivision
Mr. Evans:
The R.C. Jewett Company was allocated 20 EDO's for commercial
facilities at the Southwest corner of Poinsettia Lane and 1-5.
The subject parcel is approximately 19 acres, taking access from
Avenida Encinas.
We wish to subdivide the nineteen acres to three parcels so that
the commercial development permitted by the sewer allocation can
be assigned to a single parcel and not require the encumbrance
of the entire 19 acres. However, the planning moritorium doesn't
allow an application for a minor subdivision if "...a letter from
such district (sewer) indicates that sewer services are available
in connection with the development", is not submitted with such
application.
We have sufficient sewer to build the 1st phase (68,000 sq. ft.)
of a proposed 225,000 sq. ft. community shopping facility. The
first phase (approx. 6 acres) should be allowed to be parceled
from the existing 19 acre parcel.
We request, therefore, that your office transmit our request to
the City Council for clarification. We were of the impression,
a parcel map could be filed if sewer was granted. Although the
entire project has not been allocated sewer, at least we should
be able to process a parcel map so that the first phase can be
funded, leased, and constructed on a 6 acre parcel of record.
INDUSTRIAL-COMMERCIAL • PROPERTY INVESTMENTS • LAND DEVELOPERS
January 24, 1980 Page Two
City Engineer
City of Carlsbad
Re: Conflict between Sewer Allocation and
Planning Moritorium re: Subdivision
We
sewer
recognize the residual parcels will require additional
•er allocation prior to application of future permits.
Your immediate attention in this matter will be appreciated,
especially since the second phase allocation required expeditious
pursuit of all required permits.
Respectfully,
Mike /Jewett
cc: City Manager
Occidental Land, Inc.
'.200 i=LM AVENUE |-J ^SX/f f | TELEPHONE:
CARLSBAD, CALIFORNIA 32008 I:C\£W J/ I (714)438-5621
Citp of Cartebafc
February 7, 1980
R.C. Oewett Co.
1150 E. Elm Avanue
Fuller-ton, CA 92631
Re: Request to waive planning moratorium
for a parcel map
This is to inform you that the City Council of
the City of Carlsbad, at their meeting of
February 5, 1980, denied your request for per-
mission to subdivide property and create lots
for which no sewer is available.
If you have any questions regarding this matter,
please do not hesitate to contact this office.
/^/ALEVHA L. RAUTENKRANZ
City Clerk
ALRrkrs
cc: Engineering