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HomeMy WebLinkAbout1977-07-19; City Council; 5059-3; Sewer moratorium ordinance. Ci3 ^^\ f. ! 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* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ***** *•*•,, **-"• -*+ 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: o I co" 8CC cvi< en O O oc ^ m |g 3 > I- CC > o H O 1 2 3 4 5 6 7 8 9 10 11 12 13 «IsI 14 §>2§et^2 TKra r; i -*•«'tJ -5 —J "" J LU O 2 t" 8 0 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2. a<to O u. ° LU <—o cc o 1 2 3 4 5 6 7 8 9 10 11 12 § 13 O) I 14 § 15 d 16 I 17 18 19 20 21 22 23 24 25 26 27 28 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) 3.