Loading...
HomeMy WebLinkAbout1979-01-16; City Council; 9518; CMC 21.49 adds - Planning moratorium & sewer service unavailability1 2 3 4 5 6 7 8 9 10 11 12 0 19 2c 21 22 22 24 25 2E 27 2E ORDINANCE NO. 95 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.49 TO IMPOSE A MORATORIUM ON DEVELOPMENTAL APPROVALS 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 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.49 to read as follows: "Chapter 21.49 PLANNING MORATORIUM Sections: 21.49.010 Purpose and intent. 21.49.020 Planning Moratorium. 21.49.030 Sewer Allocation System. 21.49.010 Purpose and intent. (a) Based on a series of reports the City Council of the City of Carlsbad has found that the City has reached its sewage treatment capacity rights in the Encina Water Pollution Control Facility. In view of the fact that sewer service was in most cases unavailable to serve potentia: building in the City, the City Council added Chapter 18.05 to.the Municipal Code to impose a moratorium on the issuance of building permits subject to certain exceptions. plan provides that developments may not be approved unless the City Council can find that all the necessary public services, including sewer service, will be available when needed. the lack of sewage capacity it is impossible in most cases for the City Council in considering a development to make the necessar: findings in order to support an approval. (b) The public facilities element of the Carlsbad general Due to In order to implement /// /// 1 2 3 4 5 6 7 8 9 10 11 19 2c 21 22 22 24 25 26 27 28 the general plan provision, and in view of the fact that sewer service in most cases is unavailable, the City Council has determined that it is necessary to impose a moratorium on the processing of developmental approvals. (c) It is also the purpose and intent of this chapter to provide for the eventuality that additional amounts of sewage treatment capacity will become available and to provide authority for the adoption, by the City Council, by resolution, of a system for allocating that capacity among competing demands. allocation would authorize an applicant to process a development in accordance with the usual city procedures. Such an 21.43.020 Planning Moratorium. Notwithstanding any provisions of the Carlsbad Municipal Code to the contrary, application, processing or approval of any entitlement for development pursuant to Title 20 or Title 21 of the Carlsbad Xunicipal Code is hereby prohibited except as follows: 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 appropriate decision-making body 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 nay be accepted, processed and approved. provides an alternative method of sewer disposal for the project site may be accepted, processed and approved. of other governmental agencies if the City Council in its sole discretion determines that the project is necessary and in the public interest. 8. may be accepted, processed and approved subject to the imposition of certain conditions, to insure that the Tentative Map cannot be finaled without the finding by the City Council that adequate sewer service is available. 1. Applications for approvals located within that 6. Any application for which the Carlsbad Municipal Code 7. The City Council may grant exceptions for projects Applications for Tentative Subdivision Map extensions 9. The City Council may grant exceptions for projects 2. 1 2 3 4 5 6 7 8 9 10 11 12 9 I- O 18 19 20 21 22 23 24 25 26 27 28 of certain privately owned community facilities, such as churches, schools and hospitals, if the City Council in its sole discretion determines that such project is necessary and in the public interest. 10. Applications for revision of an approved Tentative Subdivision Map may be accepted and processed provided the City Manager determines that no additional sewer capacity will be required. Such revisions may be approved if the City Council find that, no additional sewer capacity will be required, no additional lots or dwelling units are proposed, the subdivision boundaries are retained, and it is consistent with zoning and applicable general and specific plans. 21.49-030 Sewer Allocation System. In the event the City Council determines that additional amounts of sewage treatment capacity are available, but which are not of sufficient quantity to justify lifting the Planning Moratorim. imposed by this chapter then they shall have authority to adopt by resolution a system for allocating all or any part of that capacity. If an applicant receives an allocation pursuant to any such system, it shall constitute an exemption from the provisions of this chapter and the applicant shall be permitted to apply €or and process his project provided that it is done in accordance with the procedures of the allocation system. SECTION 2: That Ordinance Nos. 7048, 7050, 7053 and 7055 are repealed. 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 =AD at a regular meeting of the Carlsbad City Council held on the 2nd day of January I 19 79 and thereafter //// //// //// //// //// 3. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 16th day of January , 19 79 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis, Anear and NOES : None Counci 1 woman Cas1 er ATTEST : ALETHA L. RAUTENKmNZ, City Cle@ (SEAL 1 4.