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HomeMy WebLinkAbout1977-07-26; City Council; 8073; CMC 18.05 adds - Building permit moratorium (sewer service unavailability)'* i I 1: 1E 19 20 21 22 23 24 25 26 27 28 c - 0 ORDINANCE NO. 8073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.05 TO IMPOSE A MORATORIUM ON ISSUANCE OF BUILDING PERMITS IN THE CITY OF CARLSBAD DUE TO THE UNAVAILABILITY OF SEWER SERVICE SUBJECT TO CERTAIN EXCEPTIONS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 18 of the Carlsbad Municipal Code is amended by the addition of Chapter 18.05 to read as follows: "Chapter 18.05 BUILDING PERMIT MORATORIUM Sections: 18.05.010 Purpose and intent. 18.05.020 Moratorium - sewer. 18.05.030 Sewer allocation system. 18.05.010 Purpose and intent. (a) The City of Carlsbad, by contract, owns certain capacity rights in the Encina Water Pollution Control Facility. Df reports indicating that after taking into account the amount of sewer capacity required for building permits in process, govern- nental projects, certain city contractural obligations, and other matters, the City of Carlsbad had reached its capacity rights in the Encina Facility. It is not possible for the City of Zarlsbad to exceed that capacity without violating provisions Df federal and state law and its contractual obligations to the other members of the joint facility. in most cases, is unavailable to serve potential building in the Clity, the City Council has no alternative but to impose a building noratorium until such time as there is some change in the situation In the absence of such moratorium, buildings could be constructed in the City without adequate provisions for the disposition of sewage which is a situation of considerable danger to the public ?ealth, safety and welfare. In the event additional amounts of capacity do become svailable, it is also the purpose of this chapter to provide 2uthority for the adoption by resolution of a means of allocating :hat capacity among the competing demands. The City Council has received a series Since sewer service, (b) 18.05.020 Moratorium - Sewer. Notwithstanding any pro- Jisions of the Carlsbad Municipal Code to the contrary, no build- ing permit shall be issued nor shall any application therefor be xcepted in the City of Carlsbad except as follows: 4 5 6 7 e 9 1c 11 t 0 le 19 20 21 22 23 24 25 26 27 28 1. Building permits for work in that portion of the City of Carlsbad within the service territory of the San Xarcos or Leucadia County Water Districts shall be processed in accordance with this subsection. The City Manager shall monitor the sewage treatment capacity of said Districts. If the City Manager deter- mines that capacity is available he may authorize the Building Department to accept applications for building permits. If the City Manager determines that the amount of sewer capacity necessary to service the projects in plan check would exceed the available supply, he shall have authority to order that no additional applications be accepted. The City Manager shall have authority to lift or reimpose such order as he determines appropriate based on the availability of sewer capacity in such Districts. The determinations by the City Manager pursuant to this subsection are for the administrative convenience of the City and do not indicate that sewer service will or will not in fact be available for a particular project nor that the building permit will issue. Building permits shall not be issued until the applicant presents a valid sewer connection permit for the project from said District. The Director of Building and Housing shall verify that the sewer permit is valid prior to issuance of the building permit. 2. Building permits nay be processed and issued when the City Manager determines, pursuant to provisions of the Carlsbad Municipal Cod-e, that no new sewer connection permit would be necessary in connection with the work. The City Manager's 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. public project undertaken by the City of Carlsbad, the Carlsbad Municipal Code provides for an alternate method of sewage disposal. other governmental agencies if the City Council in its sole discretion determines that the project is necessary and in the public interest. which applications for building permits were on file in the Carlsbad Building Department as of 5 P.M. on April 19, 1977. may be accepted, processed and approved subject to the imposition of certain conditions, to insure that the Tentative Nap cannot be finaled without the finding by the City Council that adequate sewer service is available. 5. Building permits may be processed and issued for any 6. Building permits may be processed and issued where 7. The City Council may grant exceptions for projects of 8. Building permits may issue for all those projects for 9. Applications for Tentative Subdivision Map extensions Section 18.05.030 Sewer allocation system. In the event the 2. 1 2 3 4 5 6 7 E s 1c 13 l! 2( 2: 21 2: ity Council determines that additional amounts of sewer capacity re available, but which are not of sufficient quantity to justify ifting the Building Permit Moratorium imposed by this Chapter, hey shall have authority to adopt by resolution a system for allo- ating that capacity. In the event such an allocation system is dopted notwithstanding any provisions of this code to the contrary he processing, issuance and expiration of building permits and ewer connection permits shall be in accord with such allocation ystem. " SECTION 2. That Ordinance Nos. 7047 and 8072 are hereby *epealed. EFFECTIVE DATE: This ordinance shall be effective thirty lays after its adoption, and the City Clerk shall certify to the idoption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after its idoption. INTRODUCED AND FIRST READ at an adjourned meeting of the zarlsbad City Council held on the 20th day of July ,1977 md thereafter PASSED AND ADOPTED at a meeting of said City Council held 3n the 26th day of Ju1.y 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Skotnicki and NOES : None Councilwoman Casler ABSENT: Councilman Packard 1 ATTEST : Y/$?2bd T E. ADAMS, City Clerk (SEAL) 3.