HomeMy WebLinkAbout1980-10-07; City Council; 6387; Moratorium Amendment - Koll CompanyCITY OF CARLSBAD
AGENDA BILL MO. (f> 3 F^7 ' Initial:
Dept.Hd.
ramw. October 7, 1980 ;LM\J.&. ______ r* Attv
DEPARTMENT rity Attorney C* M9r •
Subject:
MORATORIUM AMENDMENT — KOLL COMPANY
Statement of the Matter
Mayor Packard and Vice-Mayor Casler have asked that
an agenda bill be prepared to have the City Council
consider amending the Planning Moratorium to allow
processing of the Koll Company tentative map. An
amendment has been prepared to Municipal Code Section
21.49.020(11) which governs applications for projects
in areas to be served by satellite sewage treatment
plants. The amendment provides that if the applicant
is willing to waive the applicable time limits,
tentative map applications may be accepted and processed.
As is the case with the existing ordinance, the City
Council approval of such maps could not be given until
the City Council had approved the sewage treatment
facility. AB 884 requires the City Council to act on a
project within one year or the project is automatically
approved. If the amended ordinance is adopted, it will
be necessary to either (1) resolve the sewer matter; (2)
act on the map; or (3) consider further amendments to
the ordinance, before the expiration of the one year period.
Exhibit
Ordinance No. /^> w-3
Recommendation
If the City Council concurs, your action is to direct
the Planning Commission to hold hearings on the proposed
ordinance .
Council Action:
10-7-80 Council forwarded the matter to the Planning Commission for appropriate hearings,
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ORDINANCE NO. 9563
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 ACCEPTANCE
OF APPLICATIONS AND THE PROCESSING OF
TENTATIVE MAPS.
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 amendment of
Subsection (11) which reads as follows:
"(11) Provided the developer waives all applicable time
limits for Planning Commission and City Council action, applica-
tions for projects located within the service territory of the
city to be served by a satellite sewage treatment facility may be
accepted and processed. Projects shall not be approved until
such facility has been approved by the city council, initial
approvals from the state have been issued, and 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"
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 day of ,
1980 and thereafter