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HomeMy WebLinkAbout1980-03-04; City Council; Resolution 6102s IC 11 2( 2: 2: 2; 21 2! 2' 21 RESOLUTION NO. 6102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZ- ING THE ALLOCATION OF 180 EDU'S TO PEA SOUP ANDERSEN AND 48 EDU'S TO SUNSET PACIFIC FROM THE DISCRETIONARY RESERVE. WHEREAS, Chapters 18.05 and 21.49 of the Carlsbad Municipal Code impose a moratorium on the processing of discretionary approvals and on issuance of sewer permits and building permits due to a lack of sewage treatment capacity; and WHEREAS, said chapters authorize the City Council to adopt an allocation system which provides for the issuance of a limited number of sewer and building permits and the processing of some discretionary approvals as an exception to said moratorium; and WHEREAS, as a part of the adoption of the Second Phase Sewer Allocation System, the City Council determined to reserve approximately 300 EDU'S from the 1,312 available for allocation to be used on a case by case basis, depending on benefit to the community; and WHEREAS, the City Council, by the adoption of Resolution No. 6101 , has adoptedstardards and guidelines for making decisions on allocations from the Discretionary Reserve category; and WHEREAS, the City Council Sewer Committee has reviewed eight requests totaling 345.6 EDU'S, applied saTd guidelines to said requests and recomendedapproval of the requests of: Pea Soup Andersen for 180 EDU'S and Sunset Pacific for 48 EDU'S 1 2 3 4 5 6 7 8 9 10 91 12 0 19 2c 21 22 23 24 25 26 27 28 The reasons for recommending Pea Soup Andersen are: 1. Annual sales tax revenues of $85,000; 2. Annual room tax revenues of $57,000; 3. Employment of 350 people; and 4. Provision of necessary tourist facilities. The project for which this allocation is made and additional community benefits are as described in the proposal presented to the Council by Coldwell Banker, which is on file with the City Clerk and incorporated by reference herein. The reasons for recomiending Sunset Pacific are: 1. SkylineDxk? and El Camino Real which will alleviate traffic congestion and provide additional east-west access between El Camino and downtown and correct serious drainage, erosion and street maintenance problems in the area; and Completion of the missing link in TamarackAvauek- WHEREAS, after considering the merits of all applications and the Committee's recommendations, the City Council has determined to approve the allocations as recommended. 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 for the reasons set out above the City Council hereby authorizes an allocation of 180 EDU'S sewage treatment capacity to Pea Soup Andersen for a project as described in the above-referenced proposal on Assessor's Parcel 211-021-13 b 14 (portion). Said allocation is subject to the notice to applicants and permit and fees sections of the Second Phase Sewer Allocation System except that the time limit for filing any necessary 2. 1 2 3 4 5 6 7 E] 9 1c 11 1% 0 6 12 2c 21 22 22 24 2E 2E 27 2E applications for zoning and planning approvals shall be ninety days after March 4, 1980. %. That for the reasons set out above the City Council hereby authorizes an allocation of 48 EDU'S sewage treatment capacity to Sunset Pacific or successor for CT 76-15, known as Palisades Point (Parcel 207-200-08 & 09). Said allocation is subject to the notice to applicants and permit and fees sections of the Second Phase Sewer Allocation System except that the time limit for filing the final subdivision map shall be ninety days after March 4, 1980. The applicant shall diligently pursue all steps necessary to complete and record the final map. Building permits must be applied for within one hundred fifty days after final map approval. This allocation is expressly conditionec on the construction by the applicant of the Tamarack Avenue con- nection between Skyline and El Camino Real to the satisfaction of the City Council. Said construction must commence within forty- five days after final map approval and be diligently pursued to completion. ,I D. The City Council will make an additional allocation of 86 EDU'S for CT 76-15 when and if capacity becomes available in the Lake Calavera Hills Sewer Plant subject to the following conditions: 1. Completion of Tamarack to the satisfaction of City 2. The project will be subject to all applicable laws Council ; and ordinances at the time of final map or building permits except growth management; later Council decisions relating to the Calavera Plant for other projects; 3. That the action will not establish a precedent for /// /// 3. 1 2 3 4 5 6 7 €3 9 10 11 1s 2c 21 22 2: 24 25 2€ 27 2E 4. That Council determines that sewer is physically and legally available from the Calavera Plant. If Conditions 1, 2 and 3 are met and capacity in Lake Calavera Hills is not available, and if the Council determines that 1,000 or more EDU'S are available for allocation from a rerating of Encina, then the Council will allocate 86 EDU'S to CT 76-15. E. That this resolution shall constitute authorization pursuant to Municipal Code Sections 18.05.030 and 21.49.030 to exempt the projects receiving an allocation from the building permit or planning moratoria imposed by Chapters 18.05 and 21.49 of the Code. Pursuant to that exemption, the City Manager is authorized to accept applications for said projects and to process them in accordance with the provisions of the Carlsbad Municipal Code as modified by the Second Phase Sewer Allocation System. F. The EDU'S allocated by this resolution are based on representations by the applicant as to the amount of sewage capacity necessary to serve his project. The City will determine the actual amount of capacity required at the timezof building permits and if such capacity exceeds the amount allocated, the building permit will not issue. The applicant proceeding pursuant to this allocation does so at his own risk. G. If discretionary approvals are required for a project, an allocation will allow them to be processed but there is no assurance the project will be approved. If the project is not approved, the allocation is revoked and the capacity reverts to the City. /// /// /// 4. 1 2 3 4 5 6 7 e 9 2c 21 24 2: 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of March , 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Councilwoman Cas1 er ABSENT: None n ATTEST : (SEAL) 5.