HomeMy WebLinkAbout1977-04-26; City Council; 7048; Urgency Ord - Sewer service unavailability & prohibit applicationsf -<
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0-WINANCE NO. 7048
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTED
AS AN URGENCY MEASURE, PROHIBITING THE APPLI-
CATION FOR AND APPROVAL OF DISCRETIONARY
APPROVALS PURSUANT TO TITLE 20, OR TITLE 21,
OF THE CARLSBAD MUNICIPAL CODE DUE TO THE UN-
AVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS.
WHEREAS, the City Council has by the adoption of an
Emergency Ordinance declared a City-wide moratorium on the
issuance of building permits due to the unavailability of sewer
services; and
WHEREAS, the Planning Department will undertake, by
direction of the City Council, a comprehensive review of Title 20
regarding subdivisions, and Title 21 regarding zonings, in the
City of Carlsbad. Such review to take cognizance of the problem
of the lack of sewer service and prepare recommendations as to
whether or not the Municipal Code needs to be revised in order
to deal with the situation in regards to discretionary land use
approvals. Such recommendations to also include consideration
of some form of allocation system in the event additional
amounts of capacity become available to the City; and
WHEREAS, the City Council has determined that it is
necessary to protect the public safety, health and welfare to
adopt this urgency measure as an interim ordinance prohibiting
any further application for or approval of discretionary approvals
to prevent adding increased demand to an already insufficient
amount of sewer capacity and to insure that an allocation system,
if adopted, fairly can apply to all.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
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City of Carlsbad, California, as follows:
SECTION 1: That all processing and approval of discretion-
ary entitlements pursuant to Title 20 or Title 21 of the Carlsbad
Municipal Code as of the effective date of this ordinance is
hereby prohibited subject to the following exceptions:
1. Applications for approvals located within that portion
of the City of Carlsbad within the service territory of the San
Marcos or Leucadia County Water Districts may be accepted and
processed provided the applicant submits in conjunction with his
application a letter from such district indicating that the
sewer services are available in connection with the development.
The application may be approved if the City Council finds that
sewer service remains available and will continue to remain
available concurrent with need in connection with the development.
2. Applications for conditional use permits, variances,
reversions to acreage, certificates of compliance and adjustment
plots may be accepted, processed and approved if the City Manager
determines that the approval of such item will not require any
new sewer connection permit. The City Manager’s determination
may be appealed to the City Council, whose decision shall be final.
3. Discretionary approvals in connection with the Plaza
Camino Real expansion may be processed, accepted and approved.
4. Any necessary applications for projects undertaken
by the City of Carlsbad may be accepted, processed and approved.
5. The City Manager is authorized to take all the steps
necessary to proceed with the annexation of the Palomar Airport
and any applications necessary in that regard may be accepted,
processed and approved.
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6. Any application for which the Carlsbad Municipal Code
provides an alternative method of sewer disposal for the project
site, may be accepted,processed and approved.
7. The City Council may grant exceptions for projects
of other governmental agencies if the City Council in its sole
discretion determines that the project is necessary and in the
public interest.
8. The staff may continue to process and the City Council
may consider whether or not to approve applications which were
3n file with the City of Carlsbad on or before April 19, 1977.
SECTION 2: This Interim Ordinance is adopted as an urgency
measure pursuant to California Government Code Section 65858 for
the reasons set out in the recitals hereto and shall take effect
immediately.
SECTION 3: The City Clerk of the City of Carlsbad shall
certify to the adoption of this ordinance and cause it to be
published once in the Carlsbad Journal within fifteen days after
its adoption.
APPROVED, PASSED AND ADOPTED at an adjourned regular meeLng
of the City Council of the City of Carlsbad, California, held on
the 26th day of April, 1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None
ABSENT: None
Councilwoman Casler
ATTEST :
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