HomeMy WebLinkAbout1977-04-25; City Council; 5059; Sewer moratorium ordinancev
CITY OF CARLSBAD
AGENDA BILL NO.
DATE:April 25, 1Q77
DEPARTMENT:City Manager
Initial:
Dept.Hd.
C. Atty.
C. Mgr.
^
Subject:
SEWER MORATORIUM ORDINANCE
Statement of the Matter
In accord with the action taken by the City Council at their
meeting of April 19, 1977, two ordinances have been prepared
to carry into effect, the sewer moratorium as declared by the
Council. The ordinances attempt to incorporate the substance
of the Public Works Administrator's recommendations, as
approved by the Council, as well as policy input from the
City Manager.
Exhibit
Report from City Manager dated April 26, 1977
Ordinance No. 7047 , urgency measure imposing a moratorium
on issuance of building permits.
Ordinance No. 7048 , urgency measure prohibiting application
for and approval of discretionary approvals due to unavailability
of sewer service subject to certain exceptions.
Recommendation
Adopt Ordinance No.
urgency measures.
7047 and Ordinance No. 7048 as
Council action
4-26-77 Ordinance No. 7047 and Ordinance No. 7048 were introduced and
adopted as an urgency measure, imposing a moratorium oh the
issuance of building permits and prohibiting the application
for and approval of discretionary approvals due to the un-
availability of sewer service subject to certain exceptions.
HATE: APRIL 26, 1977
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: SEWER MORATORIUM: DEVELOPMENT APPLICATIONS
IN PROCESS
At its April 19, 1977 meeting, the City Council directed
the City Attorney to prepare appropriate moratorium
ordinances to apply to new applications for building permits
and to new applications for tentative maps. In discussing
the preparation of these two ordinances, many complexities
were discovered and the staff felt that it would be wise to
expand the ordinances to cover certain situations not
previously discussed. Since it is urgent that we adopt
these ordinances to legally protect the City, we urge the
Council to do so with the understanding that there will
I robably be a need to amend the ordinances from time to
Lime to deal with unforeseen matters. Depending on the
nature of the amendment, some amendments may be done on an
urgency basis, while others may require the normal 45 day
period.
It is difficult to discuss the moratorium itself, without
discussing many of those planning matters which are in
process. This memo has tried to touch on both issues but
the staff has not yet put together all of the data which the
Council may wish to have in considering its longer range
actions.
BUILDING PERMIT MORATORIUM
The staff has prepared a list of all projects for which
building permit applications have been made. It has been
determined that sufficient sewer capacity remains for these
projects. The ordinance prepared for your consideration,
in addition to these projects, provides for a number of
exceptions. Without reviewing each exception in detail, the
exceptions are included either because sewer capacity has
been reserved, such as for the Plaza Camino expansion, or
because the project may need no additional capacity. In this
category would fall the numerous remodeling and patio permits.
Public buildings have also been excepted. Additionally, the
Council can make a decision whether the project is of great
enough public benefit and significance to approve it or not
on a project by project review. Many public projects do not
add the necessity for sewer capacity but merely redistribute
the capacity requirement from other facilities.
April 26, 1977
Page 2
Subject: Sewer Moratorium
An exception has also been included for those projects which
can provide approved alternate methods of disposal. As
written, the ordinance would require these alternate methods
to be written into the City code.
DISCRETIONARY PERMIT MORATORIUM
The staff in considering the moratorium for tentative map
applications, has expanded the ordinance to cover most
applications which would require a discretionary approval
by the Planning Commission or the City Council, if that
approval would have resulted in additional need for sewer
capacity. This includes not only tentative maps, but zone
changes, master plans, specific plans and site development
plans under the "Q" zone, and general plan amendments.
These were included because of their potential requirement
for additional capacity prior to an allocation system being
devised which might include conditions in their approval
relative to that allocation system or might have been denied
once an allocation system is developed.
Again, as in the Building Permit Moratorium, the basic
exceptions that have been provided for, are in cases where
the application, if approved, would not add to sewer capacity
requirements or where capacity has been specifically reserved.
With the exception of the Palomar Airport annexation, annexations
are not specifically covered. As a matter of policy, the staff
will bring to the City Council's attention each annexation
request made to the City. The Council can evaluate each such
request to determine if it is justified and whether it will
add to the required sewer capacity. It is fully within the
Council's discretion to approve or deny such requests
PLANS IN PROCESS
The following general discussion does not directly apply to
the moratorium and is primarily intended to provide a back-
ground for further Council discussion relative to the handling
of all the applications in process. Those items in process are
shown on Exhibit A and B. All are covered by the building
moratorium and even if approved, could not presently make
application for a building permit. The City Council has several
options relative to the processing of these applications. The
City Attorney has prepared a detailed memo with specific
findings and condition wording for those items continued from
the April 19, 1977 Council meeting and it would be useful to
read.
April 26, 1977
Page 3
Subject: Sewer Moratorium
Tentative Subdivision Maps. The first category of maps are
those tentative's which have received all discretionary
approvals and only require final approval. This category
includes both maps with no sewer condition and those maps
upon which a condition was placed indicating, that although
sewer was available at the time of approval, it might not
be available at the time building permits were requested.
It is our recommendation that these maps be allowed to final.
As a practical matter, it is not anticipated that many will
final since bonding and financing will be difficult to obtain
when there is little or no possibility of building. If the
Council allows these maps to final, the City Engineer will
attach an appropriate note to the final map prior to recordation,
indicating that at the time of filing, sewers are unavailable.
There are basically three methods of handling the remaining
tentative maps in process. They are to, (a) approve the
tentative map and allow it to final if the applicant wishes
to do so, (b) disapprove all tentative maps in process or,
(c) approve the tentative maps in process but add a note that
sewers must be available at the time of filing prior to approval
of the final map. It is this third course of action that the
staff recommends be applied to those tentative maps which are
presently being processed.
i
In making this recommendation it is recognized that there is
little to differentiate a map in process from one where the
applicant is ready to file an application but has been prevented
from doing so by the moratorium. The assumption is that those
presently being processed have had a greater investment of time
and money and, therefore, deserve more attention. My conver-
sations with developers over the last week have led me to
believe that this generalization is not universally true, never-
theless we would recommend approval of in process tentative
maps, conditioned so that the final map may not be approved
without adequate sewers.
There is an issue that has been raised and the Council may wish
to give it consideration. The City historically has accepted
applications for building permits prior to final approval and
recordation of the subdivision map. There are at least five
tentative maps for which building permit applications have been
accepted prior to 5:00 PM, April 19, 1977. They are:
CT 76-11 Tamarack Shores - Hirsch 26 units
CT 75-2 Carlsbad Meadows - Somers 54 units
CT 77-4 Carlsbad Blvd. - S & L 6 units
CT 74-14 (a) Templin Heights - Grosse 136 units
CT 76-2 Royal Homes - McCoy 68 units
April 26, 1977
Page 4
Subject: Sewer Moratorium
Substantial work has been done on the grading plans of
several of these maps and three have been issued model home
permits. Because they all conform to the historical method
of handling building permits, it is recommended that they
be allowed to proceed if the final map is recorded.
Other Discretionary Plans in Process. There are several
master plan amendments in process with varying degrees of
effort expended on staff review and, in most cases, extensive
financial effort on the part of the applicant. It is
recommended that these be allowed to continue to be processed
but that they be conditioned with any necessary wording
relative to the sewer issue and, in addition, that it be made
clear that they would be subject to any future sewer allocation
or growth management plan.
Other discretionary approvals such as specific plans, con-
ditional use permits, general plan amendments, or zone changes
should be allowed to continue to process but each should be
looked at carefully to see whether it should be approved or
not, based on the sewer situation.
As each day goes by, new information is developed or new questions
asked. We will try to keep the Council informed concerning the
various issues at each regular Council meeting. Although we have
tried to consider the obvious situations which might arise, there will
be new issues which come before your body and which will require
adjustment in the moratorium ordinances and in our processing.
PAUL D. BUSSEY
City Manager
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ORDINANCE NO. 7047
AN EMERGENCY ORDINANCE AS AN URGENCY
MEASURE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER
18.04 OF THE CARLSBAD MUNICIPAL CODE BY
THE ADDITION OF SECTION 18.04.170 TO IMPOSE
A MORATORIUM ON THE 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, Chapter 18.04, of the Carlsbad
Municipal Code is amended by the addition of Section 18.04.170
to read as follows:
"18.04.170 Moratorium - Sewer. Notwithstanding any
provisions of this Chapter to the contrary, no building permit
shall be issued, nor shall any application therefor be accepted,
in the City of Carlsbad except as follows:
1. Permits for work in that portion of the City of Carlsbad
within the service territory of the San Marcos or Leucadia County
Water Districts may be processed upon the presentation by the
applicant of a valid sewer connection permit from such district.
Such permit shall be presented to the City of Carlsbad Building
Department concurrently with the application for the building
permit. The Director of Building and Housing shall verify that
the permit is valid prior to issuance of the building permit.
2. Building permits may be processed and issued when
the City Manager determines, pursuant to provisions of the
Carlsbad Municipal' Code, 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.
5. Building permits may be processed and issued for any
public project undertaken by the City of Carlsbad.
6. Building permits may be processed and issued where
the Carlsbad Municipal Code provides for an alternate method of
sewage disposal.
7. The City Council may grant exceptions for projects of
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other governmental agencies if the City Council in its sole
discretion determines that the project is necessary and in the
public interest.
8, Building permits may issue for all those projects
for which applications for building permits were on file in the
Carlsbad Building Department as of 5 P.M. on April 19, 1977."
DECLARATION OF URGENCY: This is an emergency ordinance
adopted as an urgency measure pursuant to California Government
Code Section 36937 and shall take effect immediately. The City
of Carlsbad, by contract, owns certain capacity rights in the
Encina Water Pollution Control Facility. The City Council has
received a series of reports from its Public Works Administrator
indicating that after taking into account the amount of sewer
capacity required for building permits in process, governmental
projects, certain contractural obligations, and other matters,
the City of Carlsbad as of April 19, 1977 was at its capacity
in the Encina Facility. It is not possible for the City of
Carlsbad to exceed that capacity without violating provisions of
Federal and State law and its contractural obligations to the
other members of the Joint Encina Facility. Since the City of
Carlsbad has no additional capacity rights in the sewer treatment
plant, and no other currently available means of disposing of more
sewage, the Council has no alternative but to impose a City-wide
building moratorium until such time as there is some change in the
situation. This action is necessary for the immediate preservation
of the public health and safety since, in the absence of the
moratorium, buildings could be constructed in the City without
adequate provisions for the disposition of sewage which is a
situation that is of immediate danger to tht public health, safety
and welfare.
EFFECTIVE DATE: This ordinance shall be effective
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immediately upon passage. 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.
CODIFCATION: This ordinance shall not be codified.
INTRODUCED, PASSED AND ADOPTED at an adjourned regular
meeting 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, Packard, Skotnicki and
Councilwoman Casler
NOES: Councilman Lewis
ABSENT: None
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ROBERT C. FRAZEE', Mayor
ATTEST:
MARGA&ET E. ADAMS, City Clerk
(SEAL)
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VINCENT F. BIONDO, JATTORNEY - CITY OF C1200 HUM AVENUElARLSBAD, CALIFORNIAU
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ORDINANCE NQ. 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
sever 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
on 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 meeting
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
CounciIwoman Casler
ATTEST:
ROBERT C. FRAZEE, Mgfyo
MAKGASET E. ADAMS7, City Clerk
(SEAL)
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