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Home My WebLink About1981-01-06; City Council; 6476; Amend Planning MoratoriumCITY OF CARLSBAD DATE : JANUARY 6, 1981 CTY. ATTY. 2[p DEPARTMENT: PLANNING CTY. IYIGR.~’ a AMEND PLANNING MORATORIUM CASE NO: ZCA-130 STATEMENT OF THE MATTER: This item will amend the Planning Yoratorium to allow the processing of applications for projects located in an area to be served by a satellite sewage treatment plant such as the Palomar area. Specifically, the Zone Code Amendment will allow applications for projects to be accepted, processed and given initial approvals as long as it is reasonable to expect that sewer service will be available to serve the project. Final approvals and building permits, however, will not be issued until sewer capacity is in fact available to serve the project. At the Planning Commission public hearing on this item, two people spoke in favor of the amendment and no one spoke in opposition. Through staff review and Planning Commission hearing and consideration, all issues on this matter have been satisfactorily resolved. Environmental Review The Planning Director determined that this item did not constitute a project as defined by the Environmental Protection Ordinance and, therefore, is not subject to environmental review. d Fiscal Impact No fiscal impact will result from this project. EXHIBITS 1. PC Resolution No. 1729 2. 3. SEE ATTACHED MEMO FROM CITY M?iNAGER, January 6, 1981. RECOMMENDATION City Council Ordinance No. 9- 93- 77 Both the planning staff and the Planning Commission recommend that Zone Code Amendment 130 be APPROVED and that the City Council 9x77 adopt Ordinance No. -2 Council Action: 1-6-81 Council continued the matter to allow time for preparation of revised wording. 1 2 3 4 5 6 7 E! 9 10 11 12 0 V 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 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(11) TO ALLOW THE ACCEPTANCE OF APPLICATIONS, PROCESSING AND INITIAL APPROVAL OF DEVELOPMENTS LOCATED IN AN AREA TO BE SERVED BY A SATELLITE TREATMENT PLANT 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) Applications for projects located within the service territory of the city to be served by a satellite sewage treat- ment facility may be accepted and processed. Such projects may be approved if the city council finds that it is reasonable to expect that sewer capacity 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 map 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 or such other source of sewage treatment capacity 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 I 1980 and thereafter /// PASSED AND ADOPTED at a regular meeting of said Council held on the day of , 19 - , by the following vote, to wit: AYES : NOES : ABSENT : RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ (SEAL) -. 1 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 2E 27 2E PLANNING COMMISSION RESOLUTION NO. 1729 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, 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. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-130 WHEREAS, the Planning Commission did, on the 26th day of November, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and' ' 'WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cornmission as follows: A) That the above recitations are true and correct, B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-130, according to Exhibit "A", dated December 17, 1980, attached hereto and made a part hereof, based on the following findings: Findings : The amendment will allow applications for projects in areas to be served by satellite sewage treatment plants to be accepted and processed as long as the applicant is willing to waive the applicable time limits. The amendment will still require that the City Council approve the satellite sewage treatment plant before the Council actually approves the project. That the Phase I11 expansion of Encina and the Calavera Plant are not completed, but that it is reasonable to expect that they will be completed in the future. Therefore, while the Planning Commission finds there is a reasonable expectation that sewer will be available and that the moratorium should be lifted to allow processing and initial approval of projects, final approval including building - . -. -- 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 permits and final maps shall not be issued unless the City Council finds sewer is in fact available. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of the 17th day of December, 1980, by AYES : NOES: ABSENT : ABSTAIN : Carlsbad, California, held on the following vote, to wit: MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST : PC RES0 Ill729 -2- JANUARY 6, 1981 TO : CITY COUNCIL FROM: City Manager PLANNING MORATORIUM, SECTION 21.49 The ordinance prepared by the City Attorney will lift the Planning Moratorium for projects within satellite sewer service territory (Calavera Hills and Palomar). Final tract maps are excepted. Such projects may be approved if the Council finds that "sewer capacity will be available concurrent withneed." If the Council adopts the ordinance, it is suggested that the following motion also be adopted: "That based upon reports presented to the Council on November 24, 1980 and December 9, 1980, it is hereby found that it is reasonable to expect that completion of Calavera Hills Wastewater Treatment Plant and completion of improve- ments now under construction at Encina will provide sewer capacity to serve currently anticipated projects within the city concurrent with need." It is further suggested that the words, "or other similar," on line 16 1/2 of the ordinance be deleted in order to clarify Council intent. Approvals granted within satellite sewer territory will contain a condition that final tract maps will not be approved and building permits will not be issued until the Council makes a finding that "sewer capacity is in fact available." The Planning Moratorium for the Encina sewer service territory was lifted in 1980 by the adoption of Ordinance 9556. SEWER MORATORIUM, SECTION 18.05 Section 18.05 of the Municipal Code prohibits the issuance of building permits except under certain specified conditions. As I read Section 18.05, building permits for new private projects may not be issued anywhere in the city. This does not conform to current practice. Information presented to Council on July 1, 1980 and December 9, 1980 indicates that sewer capacity is now available within the Encina sewer service area and that sewer service will be avail-able in the Calavera Hills satellite sewer territory early in 1981. Page 2 January 6, 1981 It is therefore recommended that Section 18.05 be amended to lift the Building Permit Moratorium in all areas of the city except in the Palomar satellite sewer territory. The Palomar Building Permit Moratorium could be lifted when the assessment district is finalized later in 1981. In addition, I believe Sectinon 21.49 of the Municipal Code dealing L- with the Planning Moratorium could be greatly simplified to more clearly state the Council's current policy. Those sections of the Code dealing with the Planning and Sewer Moratorium were written in 1977 when the city faced a vastly different situation than now exists. The Code has been amended several times to take care of changing situations. The current wording is confusing and does not adequately state current Council policy. The current Council policy as I understand it, is that sewer capacity is available in all parts of the city except within the Palomar Satellite territory. If that is so then why not repeal Section 18.05 and 21.49 and adopt a new section which clearly states current policy. FRANK ALESHIRE City Manager FA: ldg