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HomeMy WebLinkAbout1980-03-04; City Council; Resolution 6101... 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 61~1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SECOND REVISION TO THE SECOND PHASE SEWER ALLOCATION SYSTEM. WHEREAS, the City Council adopted the Second Phase Sewer Allocation System on September 18, 1979 by Resolution No. 5933, and amended it by Resolution No. 5979 on November 20, 1979 and by Resolution No. 6083 on February 19, 1980; and WHEREAS, 300 EDU'S were reserved for allocation based on the City Council's discretionary judgment on projects of special benefit to the community; and WHEREAS, several projects have been allocated sewer from the Discretionary Reserve on a case by case basis; and WHEREAS, these allocations did not use all of the sewer capacity available to the City of Carlsbad in the Discretionary Reserve; and WHEREAS, it is anticipated a number of EDU'S allocated pursuant to the Second Phase Sewer Allocation System will revert to the City; and WHEREAS, the City Council directed the Sewer Committee to report back to the Council with recommendations on guidelines to use the remaining EDU'S in the Discretionary Reserve category and for a system for reallocation of permits reverting to the City; and WHEREAS, the Sewer Committee met and after'study reported to the City Council at their February 19, 1980 meeting and recommended that the Second Phase Sewer Allocation System be revised to include guidelines for evaluating applications for 1 2 3 4 5 6 7 8 9 10 11 12 D l! 2( 2: 21 2: 21 2: 2( 2' 2i allocations from the Discretionary Reserve and to adopt a system for reallocating permits returned pursuant to the Second Phase System; and WHEREAS, the City Council, after reviewing the capacity remaining in the Discretionary Reserve, has determined that in order to avoid unreasonable splitting of a project and to make maximum use of the available capacity it is necessary to add 16 EDU'S from the Contingency Reserve to the other EDU'S available for allocation i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the City Council finds that there are 212 EDU'S remaining from the 300 EDU'S placed in the Discretionary Reserve pursuant to the Second Phase Sewer Allocation System. C. That the public interest requires that 16 EDU'S be borrowed from the Contingency Reserve to be allocated together with the 212 EDU'S for a total of 228 EDU'S. The Council intends to replace the 16 EDU'S from permits reverting to the City from the Second Phase Sewer Allocation System. D. That the Second Phase Sewer Allocation System is revised as follows: Discretionary Reserve: The 228 EDU'S now available in the Discretionary Reserve and any additional EDU'S placed in that categor$-by the City Council may be allocated to projects which produce maximum benefits to the City as a whole . The City Council shall have full discretion in evaluating projects and their community 2. 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 benefits. In exercising that discretion, the Council may consider the extent to which a project will: 1. Increase sales tax revenues. 2. Increase transient occupancy taxes. 3. Improve the employment base significantly with emphasis on those skills available or that can be made available from the Carlsbad area. 4. Make a significant contribution to the attainment of downtown redevelopment objectives. 5. Provide low and moderate income housing in the infill areas. This benefit attains even greater significance when that housing is located in the old downtown business district or meets the unique requirements of senior citizens. Manufactured housing, mobile or modular units may be included in this category of housing if otherwise allowed by state law and the Carlsbad Municipal Code. 6. Add to the rental housing stock in the infill area (apartments) when agreements can be reached to preclude condominium conversion. Rental unit construction is particularly desirable in the redevelopment area. 7. Improve traffic circulation by the completion of important segments of major streets in the infill area or complete other major capital improvement projects in the infill area. Hardship circumstances will not be considered. Applications for projects which would require significant expenditure for public service and for facilities are not desired. Council retains for itsElf the widest latitude in determining how benefits are calculated and projects are prioritized. E. That the Second Phase Sewer Allocation System is further t” revised by the addition of the following: Returned Permits: 1. The City Engineer shall promptly notify any applicants who received an allocation pursuant to this system 1 2 3 4 9 1c 11 12 D 2; 21 2L 2: 2( 2: 2t and have failed to meet deadlines that their permits are void and that the capacity will be returned to the City for reallocation. Applicants shall be given an opportunity to be heard by the Sewer Committee before the City Engineer's action is final. 2. If requested, the Sewer Committee shall hear those applicants who failed to meet deadlines and make recommendations to the City Council. 3. The City Council shall take action as they consider appropriate on the Committee's recommendations and Council action shall be final. 4. One half of any sewer capacity reclaimed by the City for failure to meet the Second Phase System deadlines shall be placed in the Discretionary Reserve to be allocated by the Council from time to time on a case by case basis in accordance with the guidelines adopted by this resolution. One half of any sewer capacity reclaimed by the City for failure to meet the Second Phase System deadlines shall be placed in a random drawing pool. be considered for an allocation from the pool, an applicant must have either: 5. To be eligible to I i. Met the initial qualifications for an allocation in both the Phase I and Phase 11 Sewer Allocation Systems and not received a sewer allocation; or in one of the two allocation systems and have obtained all discretionary approvals necessary to proceed with the project. ii. Met the initial qualifications for allocation The City Council intends to conduct a random drawing among all eligible projects to allocate sewer capacity determined to be available in this category. rules for such drawing . in the drawing shall be deemed to have consented to the City Council's decisions in approving allocations from the pool. That any allocations made pursuant to this Second The Council by motion may establish Any applicant who elects to participate R. Revision to the Second Phase Sewer Allocation SFstem shall be subject to all the terms and conditions of this resolution and Resolution No. 9533, as amended by Resolution No. 5979 and Resolution No. 6083. 4. 1 2 3 4 5 6 7 E s 1c 11 PASSED, APOROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of March , 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Counc i 1 woman Cas 1 er NOES: None ABSENT: None , CI- RONALD C. PACKARD, Mayor ATTEST : &LtL 2- ALETHA L. RAUTENKRANZ, City Clerq 5.