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Home My WebLink About1977-04-26; City Council; Minutest' . - 3 i w 7 Meet Date Ti me P1 ac - C99 1 t991 I ~ OF CARLSBAD CITY ing of: CITY COUNCIL (Adjourned Regular Meeting) of Meeting: April 26, 1977 of Meeting: 7:OO P.M. E\ e of Meeting: Council Chambers - - - r COUNCJLMEN 4 Rkq ROLL CALL: : X X X Present Absent Councilman Packard arrived at 7:28 P.M. - PUBLIC HEARINGS: 1. AGENDA BILL #5030 - TENTATIVE MAP APPROVAL - - PELICAN PROPERTIES, INC. - CT 77-5. The Assistant Planning Director gave a staff report of the item. The Mayor asked if anyone wished to be heard on the matter and declared the public hearing open. Mr. Robert Knauf, Feist, Vetter, Knauf & Loy, 810 Mission Avenue, Oceanside, CA, addressed Council on behalf o'f the applicant. He indicatel the applicant understood the problem with the sewer capacity and had no objections to condi- tions being placed on the tentative map approval. Dorothy Doane, 225 North Star Lane, Newport Beach, CA, applicant, spoke briefly about the proposed project. Mr. Henry Thompson, 330 Chestnut Ave., Carlsbad, CA, stated the prqposed project was near his property. He expressed general approval of the project. Since no one else wished to be heard, the Mayor closed the public hearing at 7:26 P.M. Counci 1 discussed the poss'i bi 1 i ty of revising the Zoning Ordinance to provide for review and regulation of site plans for air space condo- miniums. Further discussion related to CqjnditSon! which may be applied relative to the sewer capacity. .. I I 11-1 3s per I A.ves 1x1 1x1: The City Attorney was instructed to prepare the 1Motion I I I 1: documents necessary approving CT 77-5 i Planning Commission Resolution No. 1348, and to in the'City Attorney's memorandum dated April incluqe the findings of Option No. 3 as outlined X Nbes some subsequent time. plan or plans as may be passed by Council at capacity rights be subject to such allocation 25, 1977; further that any future allocation of PLANNING: 2. AGENDA BILL #3253 - Supplement #4 - REVISED - TRACT MAP APPROVAL - RUSSELL W. GROSSE (IDMC). The City Manager reported on the matter and out- lined the possible iariant in this project in that the applicant has already made application for building permits for Unit No. 1. Therefore the applicant would have sewer rights for Unit No. 1 under the current moratorium. 1. .. . . ,. D \ Apri _,_..., ".,"_ -.. ,". 1_ .,.Al .... ... ." 199 1 E1131 [991 c931 1301 C77 1 1 YzI ("& $ *-f' y (e%s E- 9 .A> 1-11 c; '7 ,/!, (2 I <. .k' ,;-.;I. ..,,....,. ;.. * .;. $:6;; "2- .. 26, 1977 902 _~~~__, __"_._ ~, . ._ . .. -. .,," -, ~ ~,.-~",-,..,._,"I "." - -,-... - . - - . - - ..-..,.., "~..".""" ".-7-.-..-- . . - _.\ ,-". ."_ .. . . . . . .. . . - >-.-A,:; ".A x-. I. .. ... . "._.".I E"- " .... -._ .... . . . , .- ., .... _. ... I. B Council discussed the possibility of changing the moratorium cut-off date. A great deal of discussion was held regarding the current pro- cedure for approvals and applications. Council recognized Mr. Russell Grosse, 5850 Sunny Creek Rd., Carlsbad, CA, the applicant. Mr. Grosse stated he would like the Council to make a decision as to the effective cut-off date for the moratorium prior to a decision being reached on his project. Council acknowledged the applicant's request and 1977. Ayes continued the matter to the meeting of May 3, Motion (Prior to the conclusion of this meeting, Mr. Grosse requested a decision be reached regarding his project. See Page 4 .) " RECESS: Mayor Frazee called a recess at 9:00 P.M. and Council reconvened at 9:19 P.M. with all Council members present. 3. AGENDA BILL #4053 - Supplement #2 - APPROVAL - OF TENTATIVE MAP/PLANNED UNIT DEVELOPMENT/SPECIFI: PLAN AMENDMENT - DOUGLASS SOUTHWEST CORPORATION - SP-l15(A), PUD-6, CT 76-15. The City Atto-rney wag. instructed to prepare the documents necessary 'fo.r'approvaI-.of SP-l15(A), PUD-6, and CT..76-15, to include the findings of Option No. 3 as outlined in the City Attorney's memorandum dated April 25, 1977; further that any future allocation of capacity rights be subject to such a.llocation plan or plans as may be passed by. Council. at some sub'sequent time. .. Mo ti on Ayes Noes . .- 4. AGENDA2.BPL-L: #5016 - Supplement #1 - TENTATIVE - MAP APPROVAL: - S & L ENTERPRIS.ES - CT 77-4. The City At.torney- was instructed to prepare the documents necessary for approval of CT 77-4 to include the findings of Option No. 3 as outlined in the City Attorney's memorandum dated April 25, 1977; further that any future allocation of capacity rights be subject to such allocation plan or plans as may be passed by Council at some subsequent time. Motion Ayes Noes 5. - ADOPTION OF SEWER MORATORIUM ORDINANCES. The City Manager reported briefly- on the matter indicating that in the proposed Ordinance, the cut-off date was 5:OO P.M. on April 19, 1977. He further stated that he and the City Attorney would respond to any questions Council may have. Mayor Frazee stated requests had been received from members of the public who wished to speak on the matter, and they would be heard at this time . - ? P L. 7-,7/-t I\ <--p ;..' .. i...:B,i';;;E',a b, April ". _. ~., . ,. . . . . ~. , .. ...,'-.a B D 'u 6 '." .. 't 4 (J 1- d" ,& Q i CQD ,.s 6 .? I I b - r" l .r:. La 'a ".,,*.A &,2" 'h - -5- 26, 1977 .". __I_. . . 7_ __". ._ _. ~-"-~~~~~~~-~.~~-.~--"~"-~.~~~:~~~~"=~--~~~;.~~..~ -.. .,.. :I . ." . . ,. .. - .- . . "" . . - , . . . , . -. . . . .< .. .."_ __" ". .,-,-, .""."-" -.. _j ..".._ The following people spoke in opposition to the moratorium due to the financial hardships which would affect development: MR. AMOS SOMMERS, Sommers Development Corp., 1115 Amie Cr., San Marcos; MR. JOHN McCOY, 390 Oak, Carlsbad; MR. TONY RIGGAN, 3264 Meadowlark Lane, Carlsbad; MR. KEN WASSMAN, Occidental Land Co., Los Angeles; MR. BOB FITZPATRICK, Covington Brothers, Fullerton; W. ALLAN KELLY, 4912 Via Arequipa, Carlsbad, and MR. HENRY THOMPSON, 330 Chestnut Ave., Carlsbad. I Mr. Gordon Shields addressed Council indicating he was a new resident of Carlsbad, and questioned the effects of the moratorium on him. Mr. Donald A. Panska, 4265 Skyline Drive, Carls- bad, spoke in favor of a moratorium, opposing any expansion of sewer capacity. Mayor Frazee closed the matter to public dis- cussion at 10:12 P.M. Council discussed at length item number 8 of the proposed Ordinance No. 7047, and possible ways it may be changed for purposes of making the effect of the moratorium fair and equitable to all concerned. Also discussed was the possibilitl of handling projects . on . " a case by case basis. -. .- It was moved to amend Section '8 of Ordinance No. 7047 to read as follows: Building permits may issue for all those projects for which building permit applications were on file at the Building Department as of .5:.00 P.M. on-April 19, 1977, an which were for s-tructures to be bu.ilt on legal buildable lo-t_s of record as of April 19, 1977, and which h-ave,received all necessary City Counc approvals pr.erequisite .. . . to development. d i Further Council discussion concerning developer procedures for processing projects and applica- tions for permits was held, and the following Ordinance was offered for adoption: ORDINANCE NO. 7047, AMENDING CHAPTER 18.04 OF TH CARLSBAD MUNICIPAL CODE BY THE ADDITION 0F"SEC- TION 18.04.170 TO IMPOSE A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN E.XCEPTIONS, subject to the words ''for building permit-s" being added to i tern number 8 following the word "application 1 The motion failed for lack of a 4/5th vote re- quired for passage of an Emergency Ordinance. By minute motion, the reading of the text of all Ordinances before the Council at this meeting was waived. - c. .4,, -3 xriZz22- %.. _._ ., - I, I I i v Motion Ayes N.0 e s 1 Motion Ayes Noes Motion Ayes :. f% R ,P?-R ':..:'. <c;!-:L,tbi ;,;; .,,, , .A*., P _. .;\ y.t ('*. \ t::.. ' a,; \:2$;j >.(, \ '\, k \ ' K:!. vL\\\ k.,;; !" ..- .,, "" \us 2) i3, 6' ' X" - .-~=~~~ - ,7c- ." -... - - . .. .. . M' b <;; [ -.T" y (7 . P [:- (; .:&" ;?:, bg $7 F 8 _1 "-*.-. Cq:a [' ,.:et Lk k.T- f-) ~~~i,'S\Cgt~l,,i",l"a6,,~~~~ \ ~ ,."" "-, . ._..I_ .,.,. . . b b " -4- 5 . I" :, :-.,,J 5 , iL: :e: .!% I April 26, 1977 .-_I ~. ." I._.,? *, ~-~~...~"~~~.~.~~,~~~~~~~~"~~ "." 5 ",. --- I".-. ""c"....-- ,-.-., -,,- ..""* .- "A" ~*.~ "__ -,.7 "__, ,_ ,"~ "I.-.L .._...- i -........... "-, _." "_I.. ._ :..I"-., .. ' ., T .>.:-~-' ".. ' :-.- r." Following further discussion and staff clarifica- tion of the proposed Ordinance, the following Ordinance was adopted: ORDINANCE NO. 7047, AMENDING CHAPTER 18.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SEC- TION 18.04.170 TO IMPOSE A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS, subject to the words "for building permits'' being added to item number 8 following the word "application" Motion Ayes Noes Following a brief discussion, the following Ordinance was adopted: I ORDINANCE NO. 7048, ADOPTED AS AN URGENCY MEASURE PROHIBITING THE APPLICATION FOR AND APPROVAL OF DISCRETIONARY APPROVALS PURSUANT TO TITLE 20, OR TITLE 21, OF THE CARLSBAD MUNICIPAL CODE DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. Motion Ayes Council recognized Mr. Russell Grosse, 5850 Sunn Creek Rd., Carlsbad, CAY who requested recon- sideration of his project at this time, rather than continuing it to the May 3, 1977 meeting. Council acknowledged Mr. Grosse's request, and Motion moved to reconsider Agenda Bill #3253 - Supple- Ayes ment #4 - Revised Tract'Map Ap,pr.oval at this tim . ~ Council instructe-d the City Attorney to prepare the documents necessary for approval of CT 74-14(A with special conditions finding sewer service available for Un.it .#l, further to include the findings of Opti-on -No. 3 as outlined in the City Attorney's m.emorandum dated April 25, 1977 for Units 2, 3-,.,-and,4; further that any future alloca, tion of capa-city rights for Units 2, 3 and 4 be subject to'such allocation plan or plans as may be passed by Council at some subsequent time. - Motion Ayes Noes ADJOURNMENT: By proper motion, the meeting was adjourned at 11:54 P.M. .. . Respectfully submitted, -j?&.&~~~ NORA K. GARDINER, Deputy City Clerk Lee Rautenkranz, Recording Secretary - ,. \:,,:Pi : . , ' \$ _,._ ..,\',< \:? k-3 ","': +.\ \ 3 .I >. \ "~-. 1\ .." .-. \.; :.;' 1:- .. ~ B.b'# r-, .c E '. : I *- ;.:j