HomeMy WebLinkAbout1977-04-26; City Council; 7047; CMC 18.04.170 add - Sewer service unavailability/bldg. permits moratorium1
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The C
ORDINANCE NO. 7047
AN EMERGENCY ORDINANCE AS AN URGENCY
MEASURE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER
18.04 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 18.04.170 TO IMIOSE
A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT
TO CERTAIN EXCEPTIONS.
ty Council of the City of Carlsbad, California, d
ordain as follows:
SECTION 1: That Title 18, Chapter 18.04, of the Carlsbad
Municipal Code is amended by the addition of Section 18.04.170
to read as follows:
"18.04.170 Moratorium - Sewer. Notwithstanding any provisions of this Chapter to the contrary, no building permit
shall be issued, nor shall any application therefor be accepted,
in the City of Carlsbad except as follows:
within the service territory of the San Marcos or Leucadia County Water Districts may be processed upon the presentation by the applicant of a valid sewer connection permit from such district. Such permit shall be presented to the City of Carlsbad Building Department concurrently with the application for the building
permit. The Director of Building and Housing shall verify that the permit is valid prior to issuance of the building permit. Building permits may be processed and issued when the City Manager determines, pursuant to provisions of the
Carlsbad Municipal Code, that no new sewer connection permit
would be necessary in connection with the work.
determination may be appealed to the City Council whose decision shall be final.
3. Structures existing within the City of Carlsbad's
sewer service area as of the date of this ordinance, being served
by septic tanks, may obtain a sewer connection permit if the
City's public Health Officer certifies that the septic tank has
failed and constitutes a health hazard.
4. Permits for construction for the Plaza Camino Real
expansion pursuant to the contract between the Plaza Camino Real, the City of Carlsbad and the Carlsbad Parking Authority
dated November 5, 1975, may be processed and issued. 5.
publi-c project undertaken by the City of Carlsbad.
6.
the Carlsbad Municipal Code provides for an alternate method of
sewage disposal.
1. Permits for work in that portion of the City of Carlsbad
2.
The City Manager's
Building permits may be processed and issued for any
Building permits may be processed and issued where
7. The City Council may grant exceptions for projects of
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Dther governmental agencies if the City Council in its sole
fiiscretion determines that the project is necessary and in the public interest.
8, €or which applications for-building pexrhits were on f
3arlsbad Bui1ding:Department as of 5 Pi on April 19
Building permits may issue for all those projects
DECLARATION OF URGENCY: This is an emergency ordinance
adopted as an urgency measure pursuant to California Government
Code Section 36937 and shall take effect immediately.
of Carlsbad, by contract, owns certain capacity rights in the
Encina Water Pollution Control Facility.
received a series of reports from its Public Works Administrator
indicating that after taking into account the amount of sewer
capacity required for building permits in process, governmental
projects, certain contractural obligations, and other matters,
the City of Carlsbad as of April 19, 1977 was at its capacity
in the Encina Facility.
Carlsbad to exceed that capacity without violating provisions of
Federal and State law and its contractural obligations to the
other members of the Joint Encina Facility.
Carlsbad has no additional capacity rigkits in the sewer treatment
plant, and no other currently available means of disposing of more
sewage, the Council has no alternative but to impose a City-wide
building moratorium until such time as there is some change in the
situation. This action is necessary for the immediate preservatiol
of the public health and safety since, in the absence of the
moratorium, buildings could be constructed in the City without
adequate provisions for the disposition of sewage which is a
situation that is of immediate danger to the public health,
and welfare.
The City
The City Council has
It is not possible for the City of
Since the City of
safety
EFFECTIVE DATE: This ordinance shall be effective
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mnediately upon passage.
;hall certify to the adoption of this ordinance and cause it to
3e published once in the Carlsbad Journal within fifteen days
The City Clerk of the City of Carlsbad
ifter its adoption.
CODIFCATION: This ordinance shall not be codified.
INTRODUCED, PASSED AND ADOPTED at an adjourned regular
neeting of the City Council of the City of Carlsbad, California
leld on the 26th day of April, 1977 by the following vote, to wit:
AYES: Councilmen Frazee, Packard, Skotnicki and
NOES : Councilman Lewis Counci 1 woman Cas1 er
ABSENT: None
ATTEST :
(SEAL )
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