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Home My WebLink About1981-09-01; City Council; 6691-1; Lifting planning moratorium for Palomar Airport drainage basinCITY OF CARLSBAD AGENDA BILL NO. 6 & 9 / II” -ly I DATE : September 1, 1981 C. Atty.FL DEPARTMENT: City Attorney Subject: LIFTING PLANNING MORATORIUM FOR PALOMAR AIRPORT Initial: vu Dept. Hd. C. Mgr. DRAINAGE BASIN Statement of the Matter The City Council, at your July 24, 1981 meeting, in response to a report from the Engineering Department re sewer capacity, took a series of actions, including directing our office to return with the documents necessary to lift the planning moratorium in the Palomar Airport Drainage Basin. An ordinance amending the Code to do that is attached. Also attached is a resolution making the necessary corresponding changes in Resolution No. 6226, the allocation resolution under which we are currently operating, and deleting Sections 9 and 10 of that resolution. Since the Redevelopment Plan has been adopted Section 10, requiring compliance with the Design Manual as a condition of a sewer allocation, is obsolete and is deleted. Lifting the moratorium and servicing through Encina makes Section 9 and its provisions for an estimated fee for temporary connection unnecessary. These documents bring the situation current to date. Further amendments will be necessary depending on the decision the Council makes in regards to the Lake Calavera Hills Sewer Treatment Plant and Encina Phase IV. Fiscal Impact Some refunds of sewer connection fees may be required. Exhibits 1. Resolution No. 6226. 2. Ordinance No. 9& 00 . 3. Resolution No. 1~66 2. Recommend at ion If the City Council concurs, your action is to adopt Resolution NO. /p[aL 2 and introduce Ordinance No. ~~00 . I h169J - *I Lifting: P anninz Moratorium in Paloma: AirportuDrainage Bas in Page 2 - COUNCIL ACTION: 9-1-81 Council introduced Ordinance No. 9600 and adopted Resolution No. 6662. APPROVED 13 1; 9 1< 2c 23 22 2: 24 25 26 27 28 ORDINANCE NO. 9600 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 SECTIONS 21.49.020 AND 21.49.025 TO EXEMPT THE PALOMAR AIRPORT DRAINAGE BASIN FROM THE PLANNING MORITORIUM. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.49 of the Carlsbad Municipal Code is amended by the amendment of Section 21.49.020 to delete Subsections (3) and (5) and to renumber the remaining subsections accordingly. SECTION 2: That Title 21, Chapter 21.49 of the Carlsbad Municipal Code is amended by the amendment of Section 21.49.025 to replace the words "area designated 'temporary Encina sewer service,'" with the language "Palomar Airport Drainage Basin," in said section. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion . INTRODUCED AND FIRST READ at a regular meeting of the September , - Carlsbad City Council held on the 1st day of 1981 and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 15th day of Septder , 1981 by the /// 3 b .I 1 2 3 4 5 6 7 a 9 10 11 12 9 v E 3 18 19 20 21 22 23 24 25 26 27 20 following vote, to wit: AYES: Council Menbers Packard, CAsler, hear, Lewis and Kdchin NOES: Nme ABSENT: None RONALD C. PACKARD, Mayor ATTEST : 1 (SEAL) 2. 2 3 4 5 6 -7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUKCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE ISSUANCE OF 1,800 EDU'S 01' SEWER CAPACITY ON A FIRST COMS, FIRST SERVED BASTS, SUBJECT TO CERTAIN CONDITIONS WHEREAS; the City Council, at ~UK meeting of May 6, 1980, received a compreksnsive report frorri their Sewer Conunittee on the availability of ssver capacity within the City's service 1 t i territories; and i WHEREAS, said repdrt, among other things, indicated that it appeared the rerathg of Encina would be approved giving the City epproxihztely 2,285 EDU'S of additional sewer capacity; and i K"REI\S, the City Council indicated its intention tu iirtplement the Sewer Corninittee's recdmendations; in particular, that 1,800 EDU'S from the Encina rerating be issued on a Eirst cmie, first sewed, business as usual basis within the Encicz Scwfr Ssrvicc Terri.tory s.;rbject to certain conditions - The Sewer CoTmittee's resort, dated May 6, 1980, containing these rave-- -,.,..-z-endaticrs 215 the factual bases therefor, is on file 2. That tfis Cit-y Council is satisfied that .if- the proposed rerating of Encina is approved, that the City will have available 2,285 additional EDU'S of sewer capacity. 3, That in accordance with the terms of the Court's OKC~X, the City Council allocates 19.2%, OK 438 of tfic avail-able E:DU'S to the Grove interests. The EDU ' S previously albocated GGl. 03 e. , r. v . 25 -1 + i Phase 'Sewer Allocation System (Resolution No. 6101) shall not 2 3 4 5 6 -7 8 9 3.0 3.1 .. .. 12 0 . 19 20 21 together with the 438 EDU'S made available by this resolution, leave a balance of 160.97 which. when allocated, will completely satisfy the City's obligations under the settlement, Fees for the 438 EDU'S shall be as set out in the Court's order, 4. That the City Council. hereby approves the proposed City Sewer Service Areas as described in the City Engineer*s memorandum of April 30, 1980 and the City Council's Sewer Committee's report of May 6, 1980 and as shown an the map markect. Exhibit A, attached hereto and made a part hereof, ., 5. That the City Council hereby determines that 1,800 EDU'S of sewer capacity will be made available, when the rerating pf Encina is approved, for use within the area designated on Exhibit A as the Encina Sewer Service Territory, Sewer permits for that capacity will be issued in accordance with the Cityts established building and sewer ordinances on a first conie, first s+2rved basis. Sewer permits will be issued at the same the the bzilding pernit is issued. The time limits and expiratj.on dates a;?licable to building permits will apply to sewer permits- 6. That the remaining 46 EDU'S and any EDU IS that remain r'zcix other sources shall be held in. reserve. xsy fiiecide in the future whether or not or upon what basis to The City Council 26 27 28 _- -. ..,... .. .. .. be implemented. It shall also be held in rescrve subject to future Council action. 8. That app1.icants shall pay al.1 required capacity an& 1 2 3 4 .5 6 -7 a 9 10 11 12 13 14 '1 5 16 17 18 19 20 21 22 23 24 25 26 27 28 and connection fees. 9. That the City Council has determined that the partially developed industrial areas designata on Exhibit A a5 Temporary Encina Sewer Service Area may be sewered on a temporary basis by Encina. Sf the proposed Palomar Sewer Plant is approved and constructed, these properties will be switched to the Palomar Plant. AppLicarrts for' sewer cmnrsection permits within esse territories shall pay a connection fee of $2,000-00, which is based on ac estimate of the progortionatc s5ere of the proposed Palomar Sewage Treatment Plant, effluent disposz; lines and related appurtenmcres, sufficient to pay their L// /// /// /// /// 3. 7 r 10. That the City Council has determined to apply special conditions to projects located within the proposed redevelopment project area as shown on the map marked Exhibit B, dated . September 1979, attached hereto and made: a part hereof. Applications for building permits far development within said area shall not be accepted, processed or approved until the conditions of this section are satisfied- Persons wishing ta . develop in said area shall submit theis proposed project to the Housing and Redevelopment Committee. The Committee shall deter- I '. / mine whether OX not the project is cansistent with the VflXage Desip Manual, Carlsbad, California 1980, Draft N$. 3, as .approved by the City Council at their meeting of May 27, 1983 on file with the City Clerk and incorporated by reference herein, The Committee's decision may be appealed by any interested person to the City Council whose decision shall be final.. A final de.:ision that a project is conskkent with the design manual sL111 constitute authorization for the Building Department ta the plans for such project. 11, That the City Manager shall monLtor building pedt zs>lications within the Encina Sewer Service Territory and the Tczprary Encina Sewer Service area and give periodic reports zs the City Council on the number of EDU'S issued or in the a2plication process. Considering the number of-EDG'S issued and applications in process, the City Manager shall not accept applications 3-n excess of the 1,800 available- EDU'S without the express authorization of the City Council. 12. That this resolution constitutes authorization pursuant to Municipal Code Section 18.05.030 to exempt qualifying project:. -4- . . .- . .. . ._. .-* 1 22 23 24 25 26 27 28 from the building permit moratoria imposed by Chapter 28.05 of the Code. Pursuant to that exemption, the City Manager is authorized to accept applications for such projects and to process them in accordance with the provisions of the Calrlsbad Municipal Code as modified by this resolution . 13, That this resolution does "not constitute a guarantee that sewer capacity will in fact be available to any particular project,. .. ~ 14, That this resblution shall be effective when the six zzzmber agzncizs at Encina have approved the rerating of Encina and the City Council determines that the adcEtio&il capacity conternglated by this resolution is available.. PASSED, APPRt)'JEI) AED ADOPTED at a regular meeting of the city council of the City of Carlsbad, California, on the 1st Izy of July AYES: , 1980 by the following vote, to &t: Council Kernbers Packard, Caster, Ancar, Lewis and Kulchin NOES: f{3,ce {SEAL) 1 ,,”* ’.d.> ! 1 . [Ill11 Sar, Marcos County Water District f‘-’; Palomar Airport Drai.nage Easin 8 i t l *A Lcucadia County Water District 1 4 11 . @ Tcmporary Encina Scb1c.r Service. Area. 5 ti I- - .. . ;! .. i. b 3 t I;