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HomeMy WebLinkAbout1978-10-03; City Council; 9508; CMC 21.44.020 amend - Sewer system availability.. 1 a 9 II The City Council of the City of Carlsbad, California does ordain as follows: ORDINANCE NO. 9508 2 3 4 5 6 7 AN ORDINANCE OF TKE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21-44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.44.020 TO CONDITION THE DEVELOPMENT OF ALL PROPERTY IN THE CITY UPON THE CITY COUNCIL DETERMINATION THAT SEWER SERVICE IS AVAILABLE PURSUANT TO SUCH SEWER ALLOCATION SYSTEM AS THE COUNCIL MAY ADOPT. ZCA-98. 10 SECTION 1: That Title 21, Chapter 21.44, of the Carlsbad 11 Municipal Code is amended by the amendment of Section 21.44.020 /I 19 20 21 22 23 24 to read as follows: "21.44.020 Limitation of land use--sewer availability. Except as provided in this chapter, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building or land is located. Any rights heretofore granted for such development by Title 21 are hereby qualified and made subject to Chapter 18.05 of this code. Notwithstanding the zoning which applies to any property within the City of Carlsbad, that property may not be developed unless it is determined that sewer is available to serve such development and the City Council approves issuance of permits therefor pursuant to a sewer allocation system as the City may adopt." SECTION 2: That the City Council finds that the amendment of Title 21, as set out in Section 1 hereof, is necessary to preserve the public health, safety and welfare due to the unavailability of sewer service in the City of Carlsbad. All of the zoning approvals contained in the City's official zoning map and Title 21, the City of Carlsbad Zoning Ordinance, were 25 26 premised upon the continued availability of adequate sewage treat- ment capacity in the Encina Regional Sewage Treatment Facility. 27 11 Due to events largely beyond the control of the City of Carlsbad 1 2 3 4 5 6 7 8 9 10 11 12 0 a 19 20 21 22 23 24 25 26 27 28 will continue for the foreseeable future. The City Council finds that it is necessary to recognize this change and underlying assumptions by the adoption of this ordinance which qualifies all zoning approvals by also requiring an individual to satisfy the City's sewer allocation system before proceeding to develop his property. Portions of the City are served by other local sewer agencies which are also experiencing problems of lack of sewer capacity. The sewer allocation system will make provisions for such areas. The Council does not consider it desirable or feasible to rezone the entire City to reflect the lack of sewer capacity. The Council intends to leave its zone map and zone code in effect; however, because development cannot take place without sewer, it is necessary to subject such development to further approvals pursuant to a sewer allocation system. The system is necessary to ensure that such limited amounts of capacity that may be available to the City are allocated for use in a balanced manner to ensure that the commercial, industrial and residential balance in the community is preserved and that the City sewer capacity will be used in such a way as to maximize the benefit in the interest of all the citizens of Carlsbad. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 19th day of September , 1978, and thereafter 2. A I I 2c 21 22 22 24 25 26 27 28 PASSED AND ADOPTED at a meeting of said City Council held on the 3rd day of October , 1978 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Co un ci 1 woman Cas 1 er !ITTEST : 3,