HomeMy WebLinkAbout1980-07-01; City Council; Resolution 62261
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RESOLUTION NO. 622
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE ISSUANCE OF 1,800 EDU'S OF SEWER CAPACITY
ON A FIRST COME, FIRST SERVED BASIS, SUBJECT
TO CERTAIN CONDITIONS.
WHEREAS, the City Council, at your meeting of May 6, 1980,
received a comprehensive report from their Sewer Committee on the
availability of sewer capacity within the City's service
territories; and
WEREAS, said report, among other things, indicated that
it appeared the rerating of Encina would be approved giving the
City approximately 2,285 EDU'S of additional sewer capacity; and
WHEREAS, the City Council indicated its intention to
implement the Sewer Committee's recommendations; in particular,
that 1,800 EDU'S from the Encina rerating be issued on a first
come, first served, business as usual basis within the Encina Sewc
Service Territory subject to certain conditions.
Committee's report, dated May 6, 1980, containing these
recommendations and the factual bases therefor, is on file
with the City Clerk and is incorporated by reference herein.
The Sewer
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City 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 order,
the City Council allocates 19.2%, or 438 of the available EDU'S
to the Grove interests. The EDU'S previously allocated 661.03
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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 on the map marked
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
of 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 City's
established building and sewer ordinances on a first come, first
served basis. Sewer permits will be issued at the same time the
building permit is issued. The time limits and expiration dates
applicable to building permits will apply to sewer permits.
6. That the remaining 46 EDU'S and any EDU'S that remain
from other sources shall be held in reserve. The City Council
may decide in the future whether or not or upon what basis to
utilize such EDU'S.
7. That the Discretionary Reserve Capacity and the Returned
Permit Capacity established by the 2nd Revision to the Second
Phase Sewer Allocation System (Resolution No. 6101) shall not
be implemented. It shall also be held in reserve subject to
future Council action.
8. That applicants shall pay all required capacity and
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and connection fees.
9. That the City Council has determined that the partially
developed industrial areas designated on Exhibit A as Temporary
Encina Sewer Service Area may be sewered on a temporary basis
by Encina.
and constructed, these properties will be switched to the
Palomar Plant. Applicants for sewer connection permits within
these territories shall pay a connection fee of $2,000.00, which
is based on an estimate of the amount sufficient to pay their
proportionate share of the proposed Palomar Sewage Treatment Plant,
effluent disposal lines and related appurtenances.
If the proposed Palomar Sewer Plant is approved
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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 for development within said
area shall not be accepted, processed or approved until the
conditions of this section are satisfied. Persons wishing to
develop in said area shall submit their proposed project to the
Housing and Redevelopment Committee. The Committee shall deter-
mine whether or not the project is consistent with the Village
Design Manual, Carlsbad, California 1980, Draft No. 3, as
approved by the City Council at their meeting of May 27, 1980
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.
decision that a project is consistent with the design manual
shall constitute authorization for the Building Department to
process the plans for such project.
A final
11. That the City Manager shall monitor building permit
applications within the Encina Sewer Service Territory and the
Temporary Encina Sewer Service area and give periodic reports
to the City Council on the number of EDU'S issued or in the
application process. Considering the number of EDU'S issued
and applications in process, the City Manager shall not accept
applications in 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
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from the building permit moratoria imposed by Chapter 18.05 of the
Code.
to accept applications for such projects and to process them in
accordance with the provisions of the Carlsbad Municipal Code
as modified by this resolution .
Pursuant to that exemption, the City Manager is authorized
13. That this resolution does not constitute a guarantee
that sewer capacity will in fact be available to any particular
project .
14. That this resolution shall be effective when the
six member agencies at Encina have approved the rerating of
Encina and the City Council determines that the additional
capacity contemplated by this resolution is available.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the 1st
day of July
AYES:
NOES: None
, 1980 by the following vote, to wit:
Council Members Packard, Casler, Anear, Lewis and Kulchin
ATTEST :
(SEAL)
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NO. 6226
.OCE AN s I DE
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