HomeMy WebLinkAbout1977-07-19; City Council; 5059-3; Sewer moratorium ordinance. Ci3
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CITY OF CARLSBAD
AGENDA BILL NO. j50Sj ALAJLAAjt^^^3 Initial:
T9Dept.Hd.
DATE: July 19, 1977 '
DEPARTMENT: City Attorney C. Mgr. fv
s
Subject:
SEWER MORATORIUM ORDINANCE RE. ADOPTION AND AMENDMENT
Statement of the Matter
The City Council at your adjourned meeting on April 26, 1977
adopted Ordinance No. 7047 to impose a building moratorium
due to the unavailability of sewer service. The ordinance
was adopted as an emergency measure with a notation that it
would not be codified. Since adoption, it has been amended
twice. Once on an urgency basis to add an exception for
tentative map extensions and once on a regular basis to amend
the provisions regarding the necessity of a sewer permit prior
to the issuance of a building permit to solve intergovern-
mental problems between the City and Leucadia. In my opinion, it is
desirable to incorporate the three ordinances' into one ordinance
which should be properly placed in the Municipal Code. An
ordinance to that effect is attached.
Council has under consideration the adoption of an allocation
system. Of necessity, this system will have to interact with
the sewer moratorium provisions. The draft ordinance, therefore,
incorporates a further exception to the building permit moratorium
to accommodate an allocation system. The ordinance provides that
the Council may adopt such a system by resolution.
Exhibit
Ordinance No. Q " IJ
Recommendation
If the City Council concurs, your action is to introduce
Ordinance No. 00 J ^
Council action
7-20-77 Ordinance #8073 was introduced for a first reading, imposing a
moratorium on issuance of building permits.
The Council requested this matter returned for a second reading
at the adjourned meeting of July 26, 1977.
7-26-77 A second reading was given Ordinance #8073 and adopted.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD • •1200 ELM AVENUECARLSBAD, CALIFORNIA 92008*
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ORDINANCE NO. 8073
AN ORDINANCE OF THE CITY COUNCIL OP 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 V7ater
Pollution Control Facility. . The City Council has received a series
of reports indicating that after taking into account the amount of
sewer capacity required for building permits in process, govern-
mental 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
Carlsbad to exceed that capacity without violating provisions
of federal and state law and its contractual obligations to
the other members of the joint facility. Since sewer service,
in most cases, is unavailable to serve potential building in the
City, the City Council has no alternative but to impose a building
moratorium 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
health, safety and welfare,
(b) In the event additional amounts of capacity do become
available, it is also the purpose of this chapter to provide
authority for the adoption by resolution of a means of allocating
that capacity among the competing demands.
18.05.020 Moratorium - Sewer. Notwithstanding any pro-
visions of the Carlsbad Municipal Code to the contrary, no build-
ing permit shall be issued nor shall any application therefor be
accepted in the City of Carlsbad except as follows:
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1. Building permits for work in that portion of the City
of Carlsbad within the service territory of the San Marcos 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 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
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.
9. Applications for Tentative Subdivision Map extensions
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.
Section 18.05.030 Sewer allocation system. In the event the
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City Council determines that additional amounts of sewer capacity
are available, but which are not of sufficient quantity to justify
lifting the Building Permit Moratorium imposed by this chapter,
they shall have authority to adopt by resolution a system for allo-
cating that capacity. In the event such an allocation system is
adopted notwithstanding any provisions of this code to the contrary
the processing, issuance and expiration of building permits and
sewer connection permits shall be in accord with such allocation
system."
SECTION 2. That Ordinance Nos. 7047, 7049 and 8072 are
hereby 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.
an adjourned
INTRODUCED AND FIRST READ at / meeting of the Carlsbad City
Council held on the 20th day of July , 1977, and thereafter
PASSED AND ADOPTED at a meeting of said City Council held
on the 26th day of July , 1977 by the following vote, to
wit:
AYES:
NOES:
ABSENT: Councilman Pack!
Councilman Frazee, Lewis, Skotnicki and
Councilwoman Casler
None
ROBERT C. FRAZEE
ATTEST:
MAfcGARJST E. ADAMS, City Clerk
(SEAL)
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