Chapter 21.49 — PLANNING MORATORIUM

• (a) Based on a series of reports, the City Council 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 potential 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.

• (b) The public facilities element of the Carlsbad general 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. Due to the lack of sewage capacity, it is impossible in most cases for the City Council in considering a development to make the necessary findings in order to support an approval. In order to implement 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. Such an allocation would authorize an applicant to process a development in accordance with the usual city procedures.

• (Ord. 9518 § 1, 1979)

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 Municipal Code is prohibited except as follows:

• (1) Applications for approvals located within that portion of the city 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 or her 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. Such applications may also be accepted and processed provided the applicant submits a letter from such district indicating that sewer service will be available to serve the development, and provided further, that the City Council finds that it is reasonable to expect that sewer service will be available to serve the development concurrent with need.

The approval for any project processed pursuant hereto shall be subject to a condition that final maps may not be approved nor building permits issued until the City Council finds that sewer capacity is in fact available and valid sewer connection permits have been issued.

• (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) Any necessary applications for projects undertaken by the city may be accepted, processed and approved.

• (4) 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.

• (5) 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.

• (6) 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 finalized without the finding by the City Council that adequate sewer service is available.

• (7) The City Council may grant exceptions for projects 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.

• (8) 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 finds 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.

• (9) Applications for projects located within the service territory of the city to be served by a satellite sewage treatment facility may be accepted, processed and approved. The approval of any project processed pursuant hereto shall be subject to a condition that final maps or other similar approvals may not be given until the City Council finds that sewer capacity is in fact available. Building permits shall not issue until a valid sewer connection permit has been issued which may be subject to such system for the allocation of capacity in the satellite plant or such other source of sewerage treatment capacity as the City Council may adopt.

• (10) Applications for revisions to approved master plans in the planned community zone may be accepted and processed.

• (11) Applications for general plan amendments may be accepted, processed and approved.

• (12) Applications for annexations may be accepted, processed and approved, provided the City Manager finds that such annexation is necessary to accommodate a revision to an approved master plan or specific plan.

• (Ord. 9600 § 1, 1981; Ord. 9577 § 1, 1981; Ord. 9552 § 1, 1980; Ord. 9542 § 1, 1979; Ord. 9539 §§ 1, 2, 1979; Ord. 9518 § 1, 1979)

The provisions of Section 21.49.020 shall not apply to land within the Encina sewer service territory or the Palomar Airport Drainage Basin, all as shown on the map entitled sewer service areas on file with the City Clerk and incorporated by reference herein. This section shall be effective when the City Council determines that the capacity from the rerating of the Encina plant is available. (Ord. 9556 § 1, 1980; Ord. 9600 § 2, 1981)

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 moratorium imposed by this chapter, it 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 for and process his or her project; provided that it is done in accordance with the procedures of the allocation system.

(Ord. 9518 § 1, 1979)