Notwithstanding any provisions of this code to the contrary,
no building permit shall be issued nor shall any application therefor
be accepted in the city except as follows:
A. Building
permits for work in that portion of the city 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
determines that capacity is available, he or she may authorize the
Community and Economic Development Director 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 or she 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 or she 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 Community and Economic
Development Director shall verify that the sewer permit is valid prior
to issuance of the building permit.
B. Building
permits may be processed and issued when the City Manager determines,
pursuant to provisions of this 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.
C. Structures
existing within the city's sewer service area as of the date of the
ordinance codified in this section, 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.
D. Permits
for construction for the Plaza Camino Real expansion pursuant to the
contract between the Plaza Camino Real, the city and the Carlsbad
parking authority dated November 5, 1975, may be processed and issued.
E. Building
permits may be processed and issued for any public project undertaken
by the city.
F. Building
permits may be processed and issued where this code provides for an
alternate method of sewage disposal.
G. 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.
H. Building
permits may issue for all those projects for which applications for
building permits were on file in the Carlsbad building department
as of 5:00 p.m. on April 19, 1977.
I. Building
permits may be processed and issued for development within the boundaries
of subdivision CT 74-6.
J. The
City Council may grant exceptions for certain private projects involving
building permits for work within existing structures where the council
in its sole discretion finds that:
1. The
building permit is for work to be performed within the exterior walls
and roof of an existing structure;
2. Said
structure was constructed pursuant to a building permit issued prior
to April 19, 1977;
3. Those
portions of the structure for which the building permit would be issued
pursuant to this subsection have not been previously occupied;
4. The
purpose of the building permit is to make internal modifications to
the structure as necessary to accommodate occupancy by a first user
of the space.
K. The
City Council may approve the transfer of sewer connection permits
from one building site to another building site in accordance with
the provisions of this section. Such a transfer may only be approved
if the council finds that the sewer permit is being transferred to
a similar type of structure to be built on a lot located within the
same development as the original lot.
The application for a transfer of a sewer permit pursuant to
this section shall constitute an offer by the developer to surrender
the building permit for which the sewer permit was originally issued.
Upon City Council approval of the transfer, the original building
permit shall be void and of no further force and effect. If construction
has commenced pursuant to the original building permit, such construction
shall be removed and the site restored to the satisfaction of the
Utilities Director.
Notwithstanding the provisions of Section 13.08.080, the transferred
sewer permit shall remain valid and it may be made available for issuance
in connection with a new building permit as approved by the City Council
as part of the transfer. City Council approval of a transfer shall
constitute authority on the part of the City Manager to determine
that sewer service is available, to issue the new building permit
and to transfer the sewer permit.
Notwithstanding the provisions of Section 13.08.080, a sewer
permit transferred pursuant to this section shall be void and of no
further force or effect unless the building permit is obtained and
construction is commenced within 120 days of the City Council's approval
of the transfer. After commencement of construction, pursuant to the
building permit, the validity of the building permit and sewer permit
shall be determined in accordance with Section 13.08.080 and the Uniform
Building Code.
(Ord. 8073 § 1, 1977; Ord. 8074 § 1, 1977; Ord. 8075 § 1, 1977; Ord. 8076 § 1, 1977; Ord. 1261 § 18, 1983; Ord. NS-676 § 7, 2003; Ord. CS-164 §§ 3, 14, 2011)
In the event the 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 allocating 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.
(Ord. 8073 § 1, 1977)