HomeMy WebLinkAbout1978-10-03; City Council; 9508; CMC 21.44.020 amend - Sewer system availability.. 1
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The City Council of the City of Carlsbad, California does
ordain as follows:
ORDINANCE NO. 9508
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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
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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
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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
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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
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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
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