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1980-02-26; City Council; 6177-1; Amend Planning moratorium for General Plan
CITY OF CARLSBAD *= INITIAL AGENDA BILL NO. 6/ 7'7 -^^a^J^^Jr' / Dept. Hd. J DATE: FEBRUARY 2i , 1980 cty> Atty. | DEPARTMENT: PLANNING Cty. Mgr. SUBJECT: REQUEST TO AMEND PLANNING MORATORIUM FOR GENERAL PLAN- AMENDMENTS STATEMENT OF THE MATTER Attached is a letter from Robert Ladwig of Rick Engineering requesting that the City Council direct staff to prepare an ordinance amendment to the Planning Moratorium to allow general plan amendments. Also attached is a brief history of the Planning Moratorium prepared by staff. EXHIBITS " Memorandum to F. Aleshire dated 2/19/80(Revised 2/21/80) from J. Hagaman Letter from Mr. Ladwig dated 12/14/79 "Memo from James Hagaman dated 4/11/78 City Council Minutes of 4/18/78 Letter from Roy Ward dated 1/16/79 City Council Minutes of 1/16/79 Ordinance No. 9518, Planning Moratorium • Ordinance No. 9539, Planning Moratorium Amendment Ordinance No. 9542, Planning Moratorium Amendment Letter from Cordova Engineering to City Council dated 1/24/80 RECOMMENDATION 1) Reaffirm current city actions and allow discretionary actions required to update and revise master plans and specific plans to be accepted and processed by staff. 2) Lift the planning moratorium on general plan amendments. 3) Refer the matter of eliminating the planning moratorium on all discretionary actions to the City Council Sewer Committee for a recommendation as to when it should be repealed. Council Action: 2-26-80 Council directed the City Attorney to prepare an ordinance for subrnittal to the Planning Commission to lift the planning moratorium on General Plan Amendments and on annexations necessary to carry out previous actions necessary to revise Master Plans. MEMORANDUM DATE: February 19, 1980 (Revised Feb. 21, 1980) TO: Frank Aleshire, City Manager FROM: James C. Hagaman, Planning Director ^C>W- RE: GENERAL PLAN AMENDMENT (GPA), PLANNING MORATORIUM Mr. Robert Ladwig has requested that the planning moratorium be amended to permit general plan amendments as exceptions to the moratorium. The request is twofold. First, he is concerned that a change in a master plan would require an amendment to the general plan. Although there is a moratorium exception to permit master plan amendments, there is no exception for general plan amendments which may be required as a result of the master plan revision. The second request is simply to make all general plan amendments exceptions to the planning moratorium. The planning moratorium does contain exceptions presently, but they are limited to on- going projects, public projects, projects not requiring City sewer services, or revisions to existing projects when no additional sewer demand will be created. This request by Mr. Ladwig differs in that a General Plan Amendment could increase the demand for sewer service by increasing the possible intensity of development. This is especially true in the NRR (Non-Residential Reserve) where presently the general plan does not guarantee any specific type or intensity development. Staff indicated the reasons for a strict moratorium in a memo dated April 11, 1978, during discussion on the planning moratorium. The City Council agreed with these reasons in previous actions on the moratorium. Mr. Ladwig is correct in that amending a master plan could affect consistency with the general plan. Generally, existing master plans are consistent with the general plan. However, an amended master plan could become inconsistent with the general plan. This has not been a problem in the past since current policy is that if additional applications are necessary to complete an on-going project, the City Council permits such additional requests. This was the method used to initiate the Lake Calavera Hills general plan amendments, which were necessitated by the modifications to the Lake Calavera Hills master plan. Staff feels that these past actions and processing methods are still valid and should be followed. However, it should be noted that many changes have occurred since the beginning of the moratorium. For example, there may soon be sewer available from the Lake Calavera Hills plant, the re-rating and/or expansion of the Encina plant, in addition to the possible construction of other satellite treatment plants. Further, we are developing a growth management program which could serve to manage growth through the provision of public facilities. The present planning moratorium in our opinion has created a build-up of projects requiring discretionary actions. The longer the moratorium, the greater the number of these applications. This may be a proper time for the City Council to consider when and how the planning moratorium could be lifted. Due to the current number of projects being processed in current planning we are not recommending lifting the total planning moratorium at this time. It is reasonable in our opinion to lift the planning moratorium on general plan amendments. We believe that due to the restriction of limiting general plan amendments to three times a year it would allow staff to properly schedule the hearings with their current workloads, We also recommend that the matter of lifting the planning moratorium on the remaining discretionary applications be referred to the Council Sewer Committee for study and analysis, This recommendation is based on recognition of the following matters: 1) The current workload in planning should peak within three to four months due to recent sewer allocation deadlines, 2) more accurate information on various satellite sewer plants, re-rating and expansion of Encina sewer plant should be available and 3) the growth management strategy should be available. In summary, staff's recommendation is as follows: 1) Reaffirm current city actions and allow discretionary actions required to update and revise master plans and specific plans to be accepted and processed by staff. 2) Lift the planning moratorium on general plan amendments. 3) Refer the matter of eliminating the planning moratorium on all discretionary actions to the City Council Sewer Committee for a recommendation as to when it should be repealed. JCH:ar 2/22/80 -2- r-«.ir»in.ir-rr>iMO r*rvii«n A MV I PLANNING CONSULTANTS £7* /~V "JT* "0" "C T T~i TT-VENGINEERING COMPANY I ANDCIVILENGINEERS H. iL t^i 1L 1 V Jj, £) 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 P.O. BOX 1129 • PHONE • AREA CODE 714 • 729-4987 DEC 141979 December 14, 1979 ^ITY OF CARLSBAD Planning Department Mayor Ron Packard CITY COUNCIL CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 RE: GENERAL PLAN AMENDMENTS Dear Mayor Packard: We would like to request that the Council consider directing the Staff and the Planning Commission to prepare the necessary lan- guage to amend the current planning moratorium to allow for the processing of general plan amendments. You have recently amended Chapter 21.49 of your Municipal Code to allow for the processing of applications for revisions to approve Master Plans in the Planned Community Zone. We are_ currently working on several of these Master Plans at this time, and find that there is a possibility that the changes to the Master Plan could require minor amendments to the General Plan. Jn addition to potential changes to the General Plan in the Planned Community Zone, there are also needs to amend the General Plan in the non-residential reserve areas of the City. There are currently applications in process in these areas around the air- port. By allowing General Plan amendments to proceed, City Staff would have the ability to enlarge the planning areas they are current- ly working on. We have also had requests to consider General Plan Amendments, in other areas of the City that are not in the Planned Community Zone, or in the non-residential areas. Because a change in the General Plan does not in itself create the need for any sewer service or public facilities, we hereby request the Council direct the Staff to pre- pare the necessary reports to present to the Commission and to the Council for your consideration to amend the Planning Moratorium to al- low for General Plan Amendments. Thank you for your consideration of this request. Sincerely, Robert C. Ladwig RCL:re cc: Wayne Dernetz, Jim Hagaman -4 ' '&-1 • 4* w -— v DATE: APRIL 11, 1978 TO: CITY MANAGER FROM: Planning Director SUBJECT: PLANNING MORATORIUM - SECOND PHASE SEWER ALLOCATION SYSTEM BACKGROUND The planning moratorium was originally established by the City Council along with a moratorium on the issuance of building permits last - April 26, 1977, and subsequently extended on August 25, 1977. The planning moratorium will expire on April 26, 1978 unless the City Council takes an action to partially or fully extend the moratorium. City Council, prior to adopting the moratorium, was presented with a report which indicated that the City was approaching its capacity limits in the Encina Sewer Treatment Plant. The Council adopted two moratoriums prohibiting both the issuance of building permits unless sewer was available and prohibiting the acceptance of applications for new planning approvals. The Council subsequently adopted a First Phase Sewer Allocation System to essentially take care of those persons, known or unknown^ who were .affected by the sewer moratorium while they were in the process of obtaining approvals for developments at that time. The planning moratorium as it now stands, essentially prohibits all processing and approvals of discretionary entitlements within i:)io City with the exception of those areas served by San Marcos"and Leucadia County Water Districts with specified exceptions, i.e., previous legal commitment to Plaza Camino Real Shopping Center, annexation of Palomar Airport, approved alternate sewer system, approvals which are determined not to increase sewer demand/ and more recently, zone change requests. A Council Committee was appointed, and after working with City staff, developed the First Phase Sewer Allocation System which allocated the City's first sewer in December, 1977. A subsequent revision to the First Phase Sewer Allocation System allocated sewer in April, 1978. During the deliberations on the First Phase Sewer Allocation System meetings and subsequent Council meetings, staff was directed to com- mence preparation of a Second Phase Allocation System. The staff in their research on .Second Phase Sewer Allocation System has evaluated the entire General Plan and Zoning Ordinance as well as the current . development processes in light of the reality that there, in all probability, will not be sufficient sewer available in the foreseeable future to meet demands. Staff work is continuing on this Second Phase Sewer System but as yet is not completed. The planning moratorium, which is to expire on April 26, as previously stated, can under the State Planning Act be extended for one additional year. Staff has taken the steps necessary to notice this hearing to consider the matter for the City Council meeting of April 18, 1978. Page 2 April "11, 1978 . Subject: Planning Moratorium - Second Phase Sewer . Allocation System DISCUSSION As the staff views the planning moratorium, there are several possible directions available for the City at this time. The directions are a matter of policy and should be considered as such and weighted as a matter of possible effects on the future activities of the City. The following discussion will explore some of those effects to assist the Council in their deliberations on this matter* • The concern of what effect the total lifting of the planning moratorium will have on the City operation sections responsible for processing planning matters is substantially reduced over the last month. New employees have been and are being hired to fill vacancies. So, although there may be a rush of applications, there is now available staff in the Planning Department. A substantial amount of activity in the Current Planning Section is involved in sewer allocation explanations to land . owners, citizens and interested participants in future allocations, processing applications on regular basis for those projects in the Leucadia and San Marcos County Water Districts and working on some of the various projects which have been backlogged in the department over a period of time when staff was not available. Based on the lack of sewage capacity and on research into this matter with other cities and their problems \7ith planning and/or sewer moratoriums, we have concluded that it would not be reasonable to recommend that the planning process continue on an uninterrupted basis. These conclusions were developed in general by independent research of the City Attorney, Public Works Administrator, Planning Director, and the City Manager. > In summary, it is our opinion that to allow the planning process to continue, knowing that due to a lack of sewer capacity the project might not be able to be built, would only expose the City to additional pressures and possible legal liability. This was a common finding in other cities in similar situations. Based on this, it is the staff's position that the planning moratorium, as it was originally adopted, be extended until the Second Phase Sewer Allocation System is fully developed and implemented. Some of the specific arguments for this position are as follows: ""\ "•""'1. If the moratorium is terminated and new applications are accepted by the City, a false sense of optimism may be created for those people applying where it possibly should not exist, since there is little or no guarantee they will be able to obtain sewer for their particular project. 2. -By opening the permit process, we essentially are encouraging the applicants to spend large sums of money on their applications without any established protection of a return on that expenditure if the project is approved. April 11, 1978 Subject: Planning Moratorium - Second Phase Sewer Allocation System • 3. It is argued that valuable staff resources will be misused in handling new applications without knowledge of any capacity being available. 4. It has been pointed out that there will be a tendency for all applications to be constantly amended or changed to meet future City policies in terms of new proposed sewer allocation programs or a growth management program. This will tend to again load the processing system on a regular bcisis as new allocation systems are developed. Council discussion in the past has indicated that there i-s some sentiment for lifting the planning moratorium, or at least lifting some portions of it. Although we have not had an. opportunity to discuss this at length with the City Council, -our impression was that the primary Council concern, was that the inability of a person to receive discretionary planning approvals from the City, prevented them from becoming eligible fox* sewer capacity. The staff has concluded that the City should not continue to limit access.to available sewer in allocation systems to those persons who already have planning approvals as was done in the First Phase Sevrar Allocation. System. While it was appropriate in- the First Phase Sower /Allocation System to limit access since, the Council efforts were to provide immediate relief to those persons that had been caught in the pipeline by the moratorium, that has essentially now been accomplished. In the future however, it is apparent to the.staff there are simply too many individuals who are in a "Catch 22" situation. Fo,r instance, a person cannot obtain a final map without sewer and at the same time, the person cannot apply .for.a sewer application without a final map approval. That situation now must be properly addressed in the Second Phase Sewer Allocation System in order to allow people to first apply for a sewer application and then once having received it, proceed through an orderly planning process. ** ' The First Phase Sewer Allocation System denied some individuals a chance to obtain a share of the City's available sewer capacity, and denied the City possible benefits of projects' which might be desirable but which had not yet been approved. Staff, in order to resolve the above dilemma within the legal constrains, recommends that an individual be allowed to apply for sewer allocation prior to obtaining the required planning approvals. The successful applicant would then be given adequate time to complete any necessary planning approvals. The details of the process will be worked out in the Second Phase Sewer Allocation System. In order to accomplish this, it is important that the planning moratorium be maintained. This conclusion contains the most recent t~ 1978 . . Subject: Planning Moratorium - Second Phase Sewer / Allocation System// •knowledge available on the subject as well as your staff's best judgment. We feel that the Second Phase Sewer Allocation System should consider these three elements of change in our land use processes. 1. A General Plan Amendment •* 2. A Zone Code Amendment 3. Adoption of a Second Phase Sewer Allocation System The General Plan Amendment An amendment to the General Plan would reflect the reality of a lack of sewer capacity and indicate that all land use approvals and develop- ments contemplated by the plan were conditioned by and subject to pro- vision of sewer service, the availability of which would be determined in accordance with such an allocation plan and/or growth management plan as the Council might develop. The General Plan which details how our community will develop must reflect the lack of capacity we are experiencing so our planning and the developers' expectations will reflect the reality of the situation. The Zone Code Amendment . The zone code amendment would carry forward the General PlasT- qualifi- cation by amending into the zoning code, a qualification on all the City's zones. That qualification would essentially indicate that in addition to the development standards contained within the zone, it is not possible to build until a sewer permit is obtained pursuant to an adopted sewer allocation system. Second Phase Sewer Allocation System N " The Second Phase Sewer Allocation System would be substantially different from the First Phase Sewer Allocation System. The allocation system would be the first step in processing a City development. With- out a sewer allocation permit, it would not be possible to further process developmental approvals. The system would be much simpler to administer than the First Phase Allocation System that we have now experienced and would allow the Council to make specific judgments on . sewer allocations at the time sevver became available. The Council would consider how to allocate available sewer into various land use categories and under what qualifications the sewer would be allocated. Such qualifications as no expenditure of public funds or limiting the number of permits for any one individual and/or project during a given year, providing sewer in only certain areas of town in order to accomplish certain community goals, would tend to limit those applying. Depending on availability of sewer, allocation could be made once or more times a ! year as Council considers appropriate. Once the individual qualifies | in obtaining a sewer allocation, a reasonable time to secure all planning I approvals would be allowed. If the approvals are not obtained within j that time (under AB 884 not over one year), the sewer capacity could go ; back into the City's original reserve or go to the next individual in ; line, whichever the Council considers appropriate. The criteria ,! *'•' !i v 1978 Planning Moratorium - Second Phase Sewer Allocation System /contained in the First Phase Sewer Allocation System could be modified and used. The skeletal outline of the points above describing the process could take care of all owner - developer initiated projects, however, City initiated projects such as General Plan Amendments, Agua Hedionda Lagoon plans and certain annexation could be allowed to process once the Council determined that in doing so, the require—" ments of the Public Facilities Element of the General Plan are met. STAFF CONCLUSION . . .. The staff has concluded that in light of the current and foreseeable sewer situation, a new approach by City Council should be explored. Council cannot find that sewer will be available when, in fact, it is not. We have concluded that the following steps should be taken by the City Council: 1. Extend the planning moratorium. • 2. Amend the City's General Plan, Zoning Ordinance to reflect the current sewer situation and develop a Second Phase Sewer Allocation System. If the City Council disagrees with these staff conclusions and wishes to make the determination not to extend the moratorium, it will be necessary to amend the Public Facilities Element of the General Plan in order to approve developmental projects. JCH:ldg l»'^ 41] the matter and declared the public hearing open Since no one ^'shed to speak, the publ i <~-~ was closed a, ,: 01 P.M. Staff suggested the matter of roofs be coj by Council on a policy basis for all coi rather than project by project. dered ruction Councilman Skotnicki questioned CondPEion 3 and 8 in that they appeared to be rep^artious. The City Attorney responded indicatijwM;hose two conditions could be combined. Council directed the City AtJOTney to prepare necessary documents approving CT 77-14 as per Planning Commission ResoT^pion No. 1437 as modified in the Memoranda*! to the City Manager dated March 24, 1978 aj0M:he City Attorney's the Memorandum dated 1978. staff toBy minute motion , jSKncil instructed research and deviyflop a report on the advisability of requiring f ijfflr retardant roofs for multiple- family dwel 1 in^uni ts in areas where brush is a factor. 22. AGEN NUISANCE WESELOf BILL #5390 - Supplement #2 - PUBLIC LEGED TO EXIST AT 5335 PASEO DEL NORTE-HEVROLET SIGN StafiPrequested the matter be continued to the regarar meeting of June 6, 1978. nicil concurred with the request and continued Tie matter to the June 6, 1978, 'regular meeting. 2 3. AGENDA BILL 7?5294 - Supplement #3 - PLANNING MORATORIUM - 'SECOND PHASE. SEWER ALLOCATION SYSTEM The Planning Director gave .a staff report on the matter outlining the recommendations of staff to extend the Planning Moratorium, amend the City's General Plan and amend the City's Zoning Ordi- nance. '>''"" Mayor Packard on the matter open. asked if anyone wished to be heard and declared .the public hearing Mr. Lyle Gabrielson of Rick Engineering, 5620 Friar Road, San Diego, addressed Council on behal of Carrillo Ranch Properties. He requested Carrillo Ranch Properties be allowed to process their Master Plan Amendment which would bring them in conformance with the General Plan. • Motion Ayes Motion Ayes Mot'ion Ayes XI // _ 4 _ >\ pi ., I!_ IV j "A i / / •i* Mr. Robert Small, 545 Mission Valley West, San Diego, addressed Council on behalf of Pacific Point Development. He questioned when the Second Phase of the Sewer Allocation System would be presented to Council and questioned the possi bi 1 i tjy of using other methods of sewage disposal such as a water reclamation plant. Mr. Ron Ro represent!" Carlsbad P the staff for sewer processes. ing sewer changes oc the planni berts of SGPA Plann ng Hughes Investmen laza, addressed Cou report which sugges prior to proceeding He expressed the permits would be di cur to a project as ng procedures. ing and Architecture ts, developers of ncil. He referenced ts a developer apply through planning feeling that allocat- fficult in that many it processes through Since no one else wished to speak, the Mayor closed the public hearing at 8:30-P.M. • • Staff indicated developers have a basic concept or idea and plans for a proposed development prior to making application to the City. Therefore, it was determined that it would be feasible to issue sewer permits first. Council questioned' if any applications had been received for zone changes that would be caught in process in that, zone changes would no longer be allowed. Staff responded in the negative. The following Ordinance was adopted by title only: ORDINANCE NO. 7053, EXTENDING INTERIM ORDINANCE NO. 7048, AS AMEND AS EXTENDED BY ORD ORDINANCE NO. 7051 TORIUM DUE TO THE AND REPEALING ORDI Further, the City ed to prepare the the City's General reflect the curren ED BY INTERIM ORDINANCE NO. 7043 INANCE NO. 7050, AS AMENDED BY TO CONTINUE THE PLANNING MORA- UNAVAILABILITY OF SEWER SERVICE NANCE NO. 7052. Attorney and staff were instruc necessary documents to amend Plan and Zoning Ordinance to t sewer situation. Motion ,Ayes By minute motion, Council instructed the ad hoc sewer committee consisting of Mayor Packard and Councilwoman Casler to continue through Phase II. Mayor Packard relinquished the Chair to Vice- Mayor Skotnicki for'the next item in that his office is located in the proposed district. 106] 24. AGENDA BILL #5344 - Supplement: #2 - PROPOSED Motion Ayes ' ' January 16, 1979 Mayor Ron Packard City of Carlsbad 1200 Elm St. Carlsbad, CA. 92008 Re: PLANNING MORATORIUM Dear Mayor Packard: I would like to ask the City Council to reconsider the proposed Planning Moratorium (ZCA-103) on the following grounds: 1. The City Staff does not determine what precise uses of lands within the General Plan land use criteria until after a land owner or devel- oper provides preliminary planning information and/or proposals. 2. Without opportunity to submit proposals to Staff for their review and comment, NO forward planning is taking place through city channels for the City of Carlsbad. 3. With the normal time frames required for review of proposed projects, one can count on the maximum time lapse of 1 year to development proposal in the City of Carlsbad. process1 4.In my opinion and that of other responsible developers, the right to submit proposals to the city for Staff review and comment should be going on in spite of the Sewer Moratorium. A tremendous gap is being created in the planning of specific uses and projects which will, in my view, cause an even more critical, costly and time consuming condition when sewer capacity is available, by forcing staff to handle great quantities of submissions which will have back-logged against the dam of the Sewer/Building Moratorium. The result could be inadequate staff to handle i A irr- r-Ai AITT-™ A .... i r> 3088 Pio Pico Dr., Suite 201 • Carlsbad, Ca. 92008LAKE CALAVERA HILLS 4321 Birch Street • Newport Beach, Ca. 92660 (714) 729-4912 (714) 549-2988 iT.v- ..'Vr*r-;.<-•. -. «'•'*••.,.•• Mayor Ron Packard ' January 16, 1979 Page 2 Re: Planning Moratorium the thrust, inadequate review by Staff under pressures, lack of forward planning to accommodate the need for added public facilities, and incomplete, late knowledge of what public facilities should be anticipated. There is no need to grant entitlements at this time or any time during the extent of the moratorium. To restrict submission of proposed development which would give the city staff greater perception of anticipated demands of public facilities is short sighted. It's akin to trying to hide the problem under the bushel basket of the moratorium. Thank you for considering this matter. Very truly yours, Roy J/Wafd General Partner RJW:paf CITY" )F CARLSBAD' -4- January 1979 Fol'lowing brief discussion, Council adopted the following Ordinance: ORDINANCE NO. 9518 AMENDING TITLE " 20 ANli TITLE 21 OF THE CARLSBAD MUNICIPAL. CODE BY THE ADDITION OF CHAPTER 21.49 TO IMPOSE A MORATORIUM ON DEVELOPMENTAL APPROVALS .IN THE CITY OF CARLSBAD DUE TO THE UNAVAIL- ABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. 15. A3 #5715. _- REVISION OF MUNICIPAL CODE-f- BI CYCLE 'LICENSING. Council adopted the following Ordinance:- - PRO IN AM CE NO. 3111 AME NDIN G TITLE,; 10, CHAPTER 10.56 OF THE CARLSBAQ . MUNICIPAL CODE BY THE AMENDMENT.^ SECTIONS 10.56.060 THROUGH 10.5i6.100 . ' INCLUSIVE, TO REVISE THE REGULATIONS AND FEES FOR LICENSING EICYCL/S. REDEVELOPMENT AGENCY':. _^_ ,«9Council adjourned to the Redevelopment- Agency at 6': 29 P.M. / •• Council -reconvened at ,6:34.fwith all members present. th.e Housing Authority all members HOUSING AUTHORITY: Council adjourned to at 6:35 P.M. Council reconvened 'present. DEPARTMENTAL & PLANNING: 16. AB i?57?5 --^PROPOSED CONDOMINIUM DEVELOPMENT COSTA. Council recoQ-nized Dale Naegle, architect, of 2210 Ave^ria de la Playa, La Jolla, CA who expressed his feeling that the recent condominium ordinance should be modified to proviclp for fewer parking spaces and storage j^reas and utilities metered on a pro-rate*d basis for condominiums designed for &n/ oriented toward the elderly, retired, .singl,.e!s and vacationers. . • Coujitil discussion reflected their concern tho^t any such modification v/ould create adouble standard, but indicated their concern that some flexibility be allowed. Motion Ay os Motion Ayes \ X X X X X .... X X X X X 11. AB_150'i_0_T 2F__V_AKTpJUS _C_I TY _ CO NT R ACT t! 0 . "1 03 9 . Council adopted the |KK_ 565J APPROVING THE CITY OF GMLSBAD PRODUCTS CO. , AMD THE MAYOR AGREEMENT BETWEEN AND SOUTH COAST. ASPHALT INC. FOR A COMPROMISE SETTLELftHT MUTUAL RELEASE AND AUTHORIZING T TO EXECUTE SAID AGREEMENT. Council authorized Change Ord/r No. 1 deleting the chip seal portions of th,/ contract, accepted the balance of theA'ork as completed .and, conditioned upon satisfaction of the term of the settlement agreement, directed the City Clerk to record the Notiirc of Completion and release bonds at appropriate time. 12. AB £5703 - Suppl/ment TRAVEL POLICY. - REVISED Council approved tjre Travel Policy as revised. ITEMS REMOVED FPVW THE CONSENT CALENDAR:. . . 13.GIFT TO THE CITY OF, CARLSBAD,", , FOR P A'R A HE Pi CTulJ IT . " Councilman JnTear stated he had .requested this item removufd. from the Consent Calendar in order to srate that items of this nature shoul not be placed on the Consent Calendar so that proper recognition could be given by the Council/to the donor. Counc1 directed staff to prepare an appropriate letter of appreciation to Joseph Tre/otola on behalf of the City Council and ad/pted the following Resolution: _-_- ACCEPTING A GIFT OF MO'MEY TO" BE DEPOSITED IN THE PARAMEDIC FUND. ... ORD 1 NAI'ICES FJ3R ADOPT! ON : ' T5- Ati //5711 - PI.AMHIMG MORATORIUM- ZCA-103 - CPfY OF CARLS'BAD. Mayor Packard stated that requested the opportunity o n t h i s motter. Roy Ward had to address Council Roy Ward, 3008 Pio Pico Drive, Carlsbad, CA read his letter of January 1C, 1979 directed to Mayor Packard which expressed his feo1iii;j Hint adoption of the subject Ordinance would preclude: any advanced p.1annii\<j by the Ci!;y.' Motion• Ayes X ! CITY of CARLSBAD COUNCILMAN - 3- January 16, 1979 11. AB #5010 - Supplement #3 - RESURFACING OF VARIOUS CITY STREETS FISCAL YEAR 1976-1^ £OFrrTACT NO. 1039. Council adopted the following Resoluti RESOLUTION NO. 5653 APPROVING A! AGREEMENT BETWEEN THE CITY OF Qf\RLSBAD AND SOUTH COAST ASPHALT PRODU/TS CO., . INC. FOR A COMPROMISE SETTLEMENT AND MUTUAL RELEASE AND AUTHORIZING THE MAYOR . TO EXECUTE SAID AGREEMENT., Council authorized Change Ord/r No. 1 deleting the chip seal portions of t\\/ contract, accepted the balance of theJwork as completed and, conditioned upon satisfaction of the term of the settlement agreeme/t, directed the City Clerk to record the Notice of Completion and release bonds at appropriate time. 12. AB #5703 - Supplant #1 - REVISED TRAVEL POLICY. Council approved tj/e Travel Policy as revised. " / -ITEMS REMOVED FRjm THE CONSENT CALENDAR: 13. AB #5725 /GIFT TO THE CITY OF CARLSBAD FOR PARAMEDIC/UNIT. Council man fifaear stated he had requested this item removjfd from the Consent Calendar in order to artate that items of this nature shoul not be piraced on the Consent Calendar so that proper ^recognition could be given by the Counciy to the donor. Council directed staff to prepare an appropriate letter of appreciation to Joseph Tre/otola on behalf of the City Council and ad/pted the following Resolution: RESOLUTION NO. 5654 GIFT OF MONEY TO BE THE PARAMEDIC FUND. ACCEPTING A DEPOSITED IN ORDINANCES FOR ADOPTION: 14. AB #5711 - PLANNING MORATORIUM- ZCA-103 CITY OF CARLSBAD. Mayor Packard stated that Roy Ward had requested the opportunity to address Council on this matter. Roy Ward, 3088 Pio Pico Drive, Carlsbad, CA read his letter of January 16, 1979 directed to Mayor Packard which expressed his fooling that adoption of the subject Ordinance would preclude any advanced planning by the City.' ' ' Motion Ayes t*> CITY F CARLSBAD -4- January 16, 1979 Following brief discussion, Council adopted the following Ordinance: Motion Ayes ORDINANCE NO. 9518 AMENDING TITLE THE CARLSBAD ADDITION OF A MORATORIUM IN THE ' 20 AND TITLE 21 OF MUNICIPAL CODE BY THE CHAPTER 21.49 TO IMPOSE ON DEVELOPMENTAL APPROVALS CITY OF CARLSBAD DUE TO THE UNAVAIL- ABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. 15. AB #5715 - REVISION OF MUNICIPAL COD BICYCLE LICENSING. Council adopted the following Ordinance ' ..ORDINANCE NO. 3111" AMENDING TITLE, 10, CHAPTER 10.56 OF THE CARLSBA] MUNICIPAL CODE BY THE AMENDMENTJuF SECTIONS 10.56.060 THROUGH 10 INCLUSIVE, TO REVISE THE REGUl AND FEES FOR LICENSING BICYCI 100 TIONS REDEVELOPMENT AGENCY": adjourned to P.M. the Redevelopment- Agency Motion Ayes Council at 6:29 Council reconvened at .6: 34,fwith all members present. HOUSING AUTHORITY: Council adjourned to thjf Housing Authority at 6:35 P.M. Council reconvened atf6:43, with all members present. DEPARTMENTAL & CIT^MANAGER REPORTS: PLANNING: 16. AB #5726 -/PROPOSED CONDOMINIUM DEVELOPMENT OF^IA COSTA. Council recojfriized Dale Naegle, architect, of 2210 Avejfda de la Playa, La Jolla, CA who expressed his feeling that the recent condominiujl ordinance should" be modified to providjf for fewer parking spaces and storage jfreas and utilities metered on a pro-ratjfd basis for condominiums designed for anj' oriented toward the elderly, retired, .singljrs and vacationers Council discussion reflected their concern any such modification woul d. create athai: double standard> but indicated their concern that some flexibility be allowed. '7, II c 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 34 •27 ORDINANCE NO. 9518 . .... AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.49 TO IMPOSE A MORATORIUM ON DEVELOPMENTAL APPROVALS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1:. That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.49 to read as follows: "Chapter 21.49 PLANNING MORATORIUM . Sections: 21.49.010 21.49.020 21.49.030 Purpose and intent.. Planning Moratorium. Sewer Allocation System. %m49^felO Purpose art^ intent'.-. (a) Ba$%d. qn'..& series of yt?ity Council of, .the City • of ^Car^s.b'ad h^s;: -found that ~ reachedits sewage 'treatment c^^cityVricfhts in the Pollution Control Fic-ility. Ifi, Ajlew,; of the fact 'service was in most cases unavailaibi;e,'"toj' fe^rye potential blQtild!t|j.|fiih the City> the City Council :add&<| Chapter 18.05 to- the .^L^j^-fe'i'i qo<3e t-0 impose a moratorium on thQ Jtssuance of building piubject to certain exceptions. ".;,_'_ ; '. r^'^'.{---'-'-:"• i;Th^ public facilities element of the" Carlsbad:, general plaii-"vj^a^Vides .that-developments,'..may .not be approved iiniess the City Couhcii >ca^i find that all the necessary pu|)li'<:r services, including s^weir' service, will be available Wii^n; ^^d©d. Due to the l^Qfc-iofMseWage capacity it is -impossible !iri ;ftiqst c^ses for tfeq.-'^i^; Cbuncil in considering ai development; tQilpake £h^ necessary, fittia^feg?; in order to support an approval. in;^if^QJ?te| implement 1 the. general plan provision, and in view of the fact that sewer service in most cases is unavailable, the City Council has *£ determined that it is necessary to impose a moratorium on the processing of developmental approvals. 3 (c) It is also the purpose and intent of this chapter to provide for the eventuality that additional amounts of sewage 4 treatment capacity will become available and to provide authority for the adoption, by the City Council, by resolution, of a system 5 for allocating that capacity among competing demands. Such an allocation would authorize an applicant to process a development 6 in accordance with the usual city procedures. .7 21.49.020 Planning Moratorium. . Notwithstanding any provisions of the Carlsbad Municipal Code to the contrary, 8 application, processing or approval of any entitlement for development pursuant to Title 20 or Title 21 of the Carlsbad 9 Municipal Code is hereby prohibited except as follows: 1. Applications for approvals located within that 10 portion of the City of Carlsbad within the service territory of the San Marcos or Leucadia County Water Districts may be accepted 11 and processed provided the applicant submits in conjunction with his application a letter from such district indicating that the 12 sewer services are available in connection with the development. The application may be approved if the appropriate decision-making 13 body finds that sewer service remains available and will continue to remain available concurrent with need in connection with the 14 development. 2. Applications for conditional use permits, .variances, 15 reversions to acreage, certificates of compliance and adjustment plots may be accepted, processed and approved if the City Manager 16 determines that the approval of such item will not require any new sewer connection permit. The City Manager's determination 17 may be appealed to the City Council,.whose decision shall be final. 18 3. Discretionary approvals in connection with the Plaza Camino Real expansion may be processed, accepted and approved. 19 4. Any necessary applications for projects undertaken by the City of Carlsbad may be accepted,"processed and approved. 20 5. The City Manager is authorized to take all the steps necessary to proceed with the annexation of the Palomar Airport 21 and any applications necessary in that regard may be accepted, processed and approved. 22 6. Any application for which the Carlsbad Municipal Code provides an alternative method of s.ewer disposal for the project 23 site may be accepted, processed and approved. 7. The City Council may grant exceptions for projects 24 of other governmental agencies if the City Council in its sole discretion determines that the project is necessary and in the 25 public interest. 8. Applications for Tentative Subdivision Map extensions 26 may be accepted, processed and approved subject to the imposition of certain conditions, to insure that the Tentative Map cannot 27 be finaled without the finding by the;City Council that adequate sewer service is available. 28 9. The City Council may grant exceptions for projects 2. f\ *.•• 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 of certain privately'owned community facilities, such as churches, schools and hospitals, if the City Council in'its sole discretion determines that such project is necessary and in the public interest. * * * 10. Applications for revision .of an approved Tentative Subdivision Map may be accepted and processed provided the City Manager determines that no additional sewer capacity will be required. Such revisions may be approved if the City Council find: that, no additional sewer capacity will be required, no additional lots or dwelling units are proposed, the subdivision boundaries are retained, and it is consistent with zoning and applicable general and specific plans. ' . • 21.49.030 Sewer Allocation System. In the event the City Council determines that additional amounts of sewage treatment capacity are available, but which are not of sufficient quantity to justify lifting the Planning Moratorium imposed by this chapter, then they shall have authority to adopt by-resolution a system for allocating all or. any part of that capacity. If an applicant receives an allocation pursuant to any such system, it shall constitute an exemption from the provisions of this chapter and the applicant shall be permitted to apply for and process his project provided that it is done in accordance with the procedures of the.allocation system. f SECTION 2: That Ordinance Nos. 7048, 7050, 7053 and 7055 are repealed. . - EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the• _ . adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 2nd day of January / 19 79 and thereafter 3. c 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- PASSED AND ADOPTED at a regular meeting of said City Council * " •. • ' .. *. 1 • • * held on theJSth day of January t 19 79 by the following vote., to wit: . AYES: Councilmen Packard, Skotnicki, Lewis, Anear and .Councilwoman Casler NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKllANZ, City (SEAL) 4. o<m UJ Z CM < (J DL OQ £o 3 4 5 6 7 8 9 10 11 12 § 13 • CC <ME «( o> o-" g | 145° iiz •»- •" o9^ <° 15<°5^ri -10 SSSP- 16 2 I? 18 19 20 21 ,22 23 24 25 26 27 28 ORDINANCE NO. 9539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.49 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.49.020 TO ALLOW THE PROCESSING OF DEVELOPMENTAL APPROVALS SUBJECT TO CERTAIN CONDITIONS IF THE CITY COUNCIL FINDS SEWER SERVICE WILL BE AVAILABLE CONCURRENT WITH NEED. The City Council of the City of Carlsbad, California does hereby ordain 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 arid 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 Subsection (11) to read as follows: 11 (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, provided initial approvals from the State of California have been issued, and provided, further, that the City Council finds that it is reasonable to 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 issue until a valid sewer connection permit has been issued which may be subject to such system for the allocation of capacity in the satellite plant as the City Council may adopt." •'• ^ o 09(Q « *2 OC <>| SJ < O) du. <^~ 9° igo> > o5 t < £ IL • | < Z g g Q o <£ — coZ O w > t cc £ s 5 ' *. * 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 * EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of October / 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of November r 1979 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None X^,/x-X^^£^^f/?6^L/ "RONALD C. PACKARD, Mayor ATTEST:. fifafiL. ^ &)f*'fr~£i*^ ' • ' ' ALETHA L. RAUTENKRANZ , City Cleric (SEAL) -2- 1 O 1 2 3 4 6 V 8 9 10 11 12D 1 | 13 *~] 14 H 1 £ -IK o -• -1-0 5^ • do ££ °rfZ r: o Qtu *l >•' <O K — to h- O C 16 1 17 18 19 . 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.49, SECTION 21.49.020 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (12) TO ALLOW THE PROCESSING OF REVISIONS TO APPROVED MASTER PLANS-. The City Council of the City of Carlsbad, California does ordain as follows: ' SECTION 1: That Title 21, Chapter 21.49, Section 21.49.020 of the Carlsbad Municipal Code is amended by the addition of- Subsection (12) to read as follows: "(12) Applications for revisions to approved master plans in the planned community zone may be accepted and processed." .. ; EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall i - certify to the adoption of this ordinance and cause if to be ptiblished at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th d'ay of November / 1979 and thereafter C 2 5 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 PASSED AND ADOPTED at a regular"meeting of said City Council held on the 4th daY °f Decemhejy '„* 1979 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Counci.lwonsan Casler NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: A- ALETHA L. RAUTENKRANZ, City ClerjO (SEAL)