HomeMy WebLinkAbout1977-10-18; City Council; 5219-1; Request amendment to Interim Sewer Moratoriumr/.o
CITY OF CARLSBAD
AGENDA BILL NO. 5219-Supplement #1 Initial:
Dept.Hd.
DATE: .October 18, 1977 C. Atty.\)F/b
DEPARTMENT; city Attorney C. Mgr.
Subject: Request Amendment to Interim Sewer Moratorium Regulations:
Ordinance 7048 (as amended by Ordinances 7049 and 7050)
Applicant: James C. Pope (S.W. corner Monroe and Chestnut)
Statement of the Matter
The City Council at your meeting of October 4, 1977, by motion,
utilized the authority granted by Section 2, of Ordinance
No. 7050,to partially lift the planning moratorium to allow
Mr. Pope to process an application for a conditional use permit
for a church. The City Council also directed your attorney to
return with an amendment to the Planning Moratorium to add an
exception for certain privately owned community facilities
such as churches, schools and hospitals. The exception was
to be in similar terms as the one in the existing ordinance
for projects of other governmental agencies. An ordinance in
that regard is attached.
Exhibit
Ordinance No.
Recommendation
If the City Council wishes to amend the planning moratorium
ordinance to provide an exception for certain privately owned
community facilities, your action is to introduce OrdinanceNO.
Council Action:
10-18-77 Council introduced Ordinance No. 7051, amending Ordinance
No. 7048, as extended by Ordinance No. 7050, to provide
for an exception for certain privately owned Community
Facilities from the Planning Moratorium.
11-1-77 Ordinance #7051 was given a second reading and adopted.
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ORDINANCE NO, 7051
AN ORDINANCE OF THE CtTY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
ORDINANCE NO. 7048, AS EXTENDED BY
ORDINANCE NO. 7050, TO PROVIDE FOR AN
EXCEPTION FOR CERTAIN PRIVATELY OWNED
COMMUNITY FACILITIES FROM THE PLANNING
MORATORIUM.
WHEREAS, the City Council has, by the adoption of Ordinance
No. 7048, as amended by Ordinance No. 7049 and as extended by
Ordinance No. 7050, declared a city-wide moratorium on the
processing of discretionary approvals pursuant to Title 20, or
Title 21 of the Carlsbad Municipal Code due to the unavailability
of sewer service; and
WHEREAS, said moratorium was subject to exceptions to allow
certain projects, such as projects of other governmental agencies,
to continue to process; and
WHEREAS, the City Council has determined that the public
interest requires amending said moratorium to add a further
exception for certain privately owned community facilities
such as churches, schools and hospitals. The City Council finds
that if they determine on a case-by-case basis that such a
facility is necessary and in the public interest, that it is in
the public interest to allow it to process.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1: That Section 1 of Ordinance No. 7048 is amended
by the addition of Subsection 9 to read as follows:
"9, The City Council may grant exceptions for projects '
of certain privately owned community facilities, such
as churches, schools and hospitals, i f the City Council
in its sole discretion determines that such project is
necessary and in the public interest."
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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 regular meeting of the
Carlsbad City Council held on the 18th day of October • 1977,
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1st day of November • 1977, by the
following vote, to wit:
AYES:
NOES:
Councilmen Frazee, Lewis, Skotnicki and
Councilwoman Casler
None
ABSENT: None
ABSTAINED: Councilman Packard
RO
ATTEST :
MARGARET E. ADAMS , City Clerk
(SEAL)
2,