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Home My WebLink About1981-02-17; City Council; 6476-1; Amend Planning MoratoriumI e CITY OF CARLSBAD AGENDA BILL NO. 6476-Supplement 1 DATE : February 17, 1981 DEPARTMENT City Attorney Initial: Dept . Hd. C. Atty.\/F& ' C. Mgr. Z' Subject: AMEND PLANNING MORATORIUM CASE NO: ZCA-130 -_ Statement of the Matter L At your January 6, 1981 meeting, the City Council considered Ordinance No. 9577 which would amend the planning moratorium as it applies to the Palomar Service Area. The amendment would allow projects to be processed and approved, provided, however, final maps and other similar approvals for such projects may not be given until the City Council finds that sewer capacity is in fact available. Because of some concerns raised about the wording of the ordinance, the Council continued the matter. As a result of discussions between the Mayor, City Manager and our office we think those concerns have been resolved. Our memorandum, dated February 2, 1981, regarding the meeting and explaining some revisions that have been made to the ordinance is attached. All issues on this matter have been satisfactorily resolved. Exhibits Planning Commission Resolution No. 1729. City Attorney's memorandum dated February 2, 1981. City Council Ordinance No. 95771 (Revised). Recommendation The Planning Staff and the Planning Commission have recommended that ZCA-130 be approved and that the City Council introduce Ordinance No. 95Q7. The revisions to the ordinance are non- substantive clarifications and it is recommended that the Council introduce Ordinance No. 95P7 as revised. Council Action: 2-17-81 Council introduced Ordinance No. 9577. 3-3-81 Counciladopted Ordinance No. 9577. I 23 24 I 28 ' I I - L PLANNING CObIi4ISSION RESOLUTION NO, 1729 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSCAD, CALIFORNIA, RECOBMENDING TITLE 21, CHAPTER 21.49, OF THE CARLSRAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.49.020 TO ALLOW THE ACCEPTANCE OF APPLICATIONS AND THE PROCESSING OF TENTATIVE NAPS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-130 APPROVAL OF A ZONE CODE AYENDMENT, AFlENDING WHEREAS, the Planning Commission did, on the 26th day of November, l$lSO, hold a duly noticed public hearing as prescribed 1 by law to consider said request; and' ' I WHEREAS, at said p-ablic hearing, upon hearing and considering i all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered 211. factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct,, B) That based on the evidence presented at the public hearing, I 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: I Findings: I 1) 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 satellite sewage treatment plant before the Council actually approves the project. 3) That the Phase 111 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 scwer will be available and that the moratorium should be lifted to allow processing and initial approval of projects, final approval including building 2) The amendment will still require that the City Council approve /. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 ,I 2a permits and final maps shall not be issued unless the City Council Zinds sewer is in fact available. PASSED, APPROVED ANT) ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of December, 1980, by the following vote, to wit: AYES : NOES : ABSENT : ABSTAIR : *. MARY blARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: i JAGS C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RES0 #1729 -2- ..... MEMORANDUM DATE : February 2, 1981 TO : Mayor and City Council FROM: City Attorney SUBJECT: PLANNING MORATORIUM--CHAPTER 21.49 Ordinance No. 95?7 was prepared by our office in response to City Council direction that the moratorium ordinance be amended to allow tenative maps to be processed and approved in the Palomar Service Territory. a developmental approval in the basin to be accepted, processed and approved. In order to satisfy the requirements of the general plan, and for other legal as well as practical reasons, the Council has determined that such approvals should be subject to a condition that a final map or other similar approvals would not be given until the City Council finds that sewer capacity is in fact available. It is anticipated that, that finding will be made and the entire moratorium ordinance repealed if the proposed Palomar Airport Assessment District is approved. The amendment would allow any application for Concerns were raised over the meaning of the words "other similar approvals." They were included in the ordinance for a specific reason. As I understand the City Council's intention, the condition is to prevent the sale without sewer of subdivided lots or of other parcels of property with all developmental approvals to the public. In most instances this can be achieved by holding the final map, but not in all cases. In some situations the final city approval prior to sale or development might be a parcel map, final condominium permit, or a final PUD permit. Limiting the condition to just final maps could allow extensive developmental activity in the area via parcel maps or other final developmental approvals. The Council has determined that should not occur until after the Palomar Plant is approved. Listing these final approvals in the ordinance would hold all of them until sewer is available. However, in some cases, such as a parcel map splitting a large parcel of property for financing or other reasons, and not for the purpose of development, it would not be necessary to impose the condition. Using the words "final map or other similar approval" would allow some flexibility and avoid unnecessary hardships. Our office would interpret the words on a case by case basis. If a final approval would not result in sales to the public or constitute the last city approval before issuance of a building permit, our office is prepared to advise that it would not be similar to a final map and therefore it could be issued. Mayor and City Council -2- February 2, 1981 Concerns were also expressed about a provision in the ordinance that would require the Council to find it reasonable to expect that sewer will be available before giving initial approvals. The City Manager and the Mayor were satisfied the Council had already made that judgment based on ongoing programs like Lake Calavera Phase I11 and Phase III(A). Therefore, that portion of the ordinance has been deleted. In summary, the ordinance would allow approval of annexations, general plan amendments, specific plans and zone changes. Other types of approvals, such as subdivision maps, PUD’s, condominium permits and site development plans, could be approved subject to a condition that the final map or other similar approval would not occur until sewer was in fact available. The amendment as prepared by our office will allow the planning activities in the area to go forward, but would condition the final city approval prior to the issuance of building permits on a finding of adequate sewer. This approach is consistent with the requirements of the general plan. It will accommodate development to the maximum extent possible given the absence of sewer in the area and will fully protect the city and any prospective purchasers of property in the area. Our office recommends adoption of the ordinance. VFB/mla VINCENT F. BIONDO, JR. City Attorney .. u 18 19 20 21 22 23 24 25 26 27 28 does .. ORDINANCE NO. 9577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLS3Al3, CALIFORNIA, AMENDING TITLE 21', CHAPTER 21.49 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF ACCEPTAhTCE OF APPLLCA.TIONS , PROCESSING AND INlTIAL APPROVAL OF DEVELOPMENTS LOCATED IN AN AREA TO BE SERVED BY A SATELLITE TREATIJlENT PLANT. SECTION 21,.~9.020(11) To ALLOW THE The City Council-of the City of Carlsbad, California ordain as follows: SECTION 1: That Title 21, Chapter 21.49, Section 21.49.020 of the Carl-sbad 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, processed arid approved. 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 counci.1- finds that sewer capacity j-s in fact available. Building pe-.-mits 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 17th day Of February' r 1981 and thereafter /// 1 2 3 4 5 6 7 8 9 IO 11 12 a d’ 19 20 21 22 23 24 .25 26 27 28 PASSED AND ADOPTED at a regular meeting of said Council held on the 3rd day of March , 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES None ABSENT :. None gd(&E&y / RONALD C. PACKARD, Mayor ATTEST : City Clerk J