HomeMy WebLinkAbout1978-02-21; City Council; 5343; Request for exception-1st Phase Sewer AllocationS*"" X
CITY OF "RLSBAD _ } fi?)^•.)',.., • .' -^JL*/
1 •' , ' Initial:
AGENDA BILL NO. ^^rf ^3H3 Dept. Hd. ~5gT"^—
(^
DATE: February 21, 1978 City Atty \)
DEPARTMENT: PLANNING C1ty Mgr>
SUBJECT::
Request for exception to First Phase Sewer Allocation
STATEMENT OF THE MATTER""
Attached is a letter.from Joseph Guagliardo of 4 Design,.Carlsbad.
He indicates that, a client, with property on Ocean Street, was
discouraged from applying for the first phase sewer allocation by
staff. Because of this discouragement, the applicant did not pursue
Coastal Commission approval. Evidently, staff discouraged the
applicant because the sewer line serving Ocean Street was not of suf-
ficient size at that time. However, sewer allocation was granted to
two properties fronting on Ocean Street, which qualified because of
the current construction of the sewer line on Ocean Street. Mr.
Guagliardo feels that if the City, would not have discouraged the
client, he would have pursued Coastal Commission approval and applied
for allocation.
It is not possible at this time to reconstruct discussions that took
place between the property owner and the City. However, it can be
stated that staff tried not to encourage applicants in the belief
that sewers would.be available. We attempted to state that sewer
allocation would be granted on the merit of the project if the
project met certain qualifications. Furthermore, there would likely
have been far more sewer applications received than sewer permits
available. It appears it was the decision of the property owner not
to pursue coastal approvals.
It would not be possible at this time to pursue Coastal Commission,
approval and still meet the first nhase sewer allocation time restraints,
It would be far. better to pursue the 2nd revision of the first phase allocation,
provided that the applicant does get Coastal Commission approval.
EXHIBITS;
Letter dated January 26, 1978/ from Joseph Guagliardo, 4 Design
Letter dated December 26, 1977, from Mr. Marinella
Letter dated March 22, 1977, from Mr. Marinella
.Letter dated March 1, 1977, from Richard Young, AIA
RECOMMENDATION
It is recommended that this request for exception to the first
phase sewer allocation system be DENIED.
FORM PLANNING 73
AGENDA BILL NO. 5344 -2- February 21, 1978
2-21-78 The Council denied the request for exception to the first
phase sewer allocation system.
•f 0 1378
ft™ OF CARLSBAD I*Banning Department V
26 January 1978
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attn: Robert Frazee - Mayor
Dear Mr. Frazee:
In January 1977, our clients, Mr. and Mrs. C.L. Marinella, purchased
property at 2601 Ocean Street. At the time they purchased this pro-
perty, they were not aware of the existing moratorium on sewer connec-
tions to the Ocean Street sewer main.
Since that time, they have made several contacts with representatives
from the City of Carlsbad regarding this problem. As Mr. Marinella
states in his enclosed letter of December 26, 1977, the comments he
received "did nothing but discourage any intent to develop our property ",
The only positive sign received by the Marinella1s was the availability
of sewer in the "First Phase Sewer Allocation System". However, due
to the earlier discouragement received by our clients, they did not
proceed with their development plans sufficiently to qualify under the
provision of that document.
It is our feeling that due to the actions of the City Council in accept-
ing the initial sewer morotorium in Ocean Street as a qualifying factor
for sewer in the "First Phase Sewer Allocation System"; and, in grant-
ing various exceptions to the initial criteria and staff recommendations
in the "First Phase Sewer Allocation System", that our client should
be granted a similar exception.
Such an exception would allow our clients to continue with the devel-
opment of their residence knowing that they had a relative certainty
of completing it. We feel that granting this exception would be con-
sistent with your previous actions, as well as, maintain the integrity
of the sewer allocation system.
Your earliest consideration of this would be greatly appreciated since
we are most anxious to present our client,*s case to you. If we may
provide you with any further data, please contact us.
Respectfully, ^ , cc: C.L. Marinella
Enclosures
Joseph F. Guagliardo
4 DESIGN P.O. Box 240 Carlsbad California 729-3042 JFG/ldm
6568 Eddingi.^xl Drive
Rancho Palos Verdes, CA 90274
DEC 2 8 &••• December 26, 1977
Mr. Ken Chriss
P.O. Box 240
•Carlsbad, CA 92008
Dear Mr. Chriss:
In order that you can continue with our efforts to secure permission to build a
three-unit complex on our property at 2601 Ocean Street, Carlsbad, we would like
to supply the following background.
We purchased this lot over a year ago intending to build three apartments, one of
which is to be our own residence. As soon as we closed escrow, January 31, 1977,
we went to Richard B. Young, architect, to begin planning. He informed us that sewer
line connections were prohibited by the City of Carlsbad and we could not build. We
were not aware of this restriction prior to buying the property. (See enclosed letter
to realtor.)
Mr. Young did some investigating for us about the sewer restriction, (see enclosed
letter), and suggested we do likewise. I went to the City Engineer's Office on
April 5, 1977, and talked to Mr. Timothy C. Flanagan. He was very doubtful that the
City Council would appropriate any funds to install new lines to serve this vacant
property. In fact, he stated that he would recommend to the City Council that the
appropriation of $200,000, funds available at that time, could better serve the
business community of Carlsbad. I tried to get some information from him as to the
future possibility of building, but his comments did nothing but discourage any intent
to develop our property. On May 5, 1977, I phoned Mr. Flanagan again and got much
the same discouraging reply.
For months all seemed hopeless and at one point we even put a "For Sale" sign on our
lot. Since we always wanted to live on the beach' in Carlsbad, we decided to wait awhile
longer. However, in view of all the negative and discouraging information, we made no
further plans to build.
Meanwhile, we received a notice that our taxes were increased. We wrote a letter
asking "why" since we receive no services and could not build. Naturally, we were
given a routine explanation and no tax relief - so we paid the increased amount.
Then, on October 27, 1977, we received Notice of Adoption and Availability of First
Phase Sewer Allocation System. This was followed on November 17, 1977 by Notice of
Revision to the First Phase, indicating that there was a possibility that we could
get sewer hook-up if we filed plans before December 5, 1977. After numerous phone
calls, I realized that our plans had to be developed to a point where they had been
approved by the Coastal Commission before applying. We knew we couldn't meet this
deadline but decided to get our plans in readiness to file application on the next
phase of sewer allocation. This is when we came to you.
If there is any additional information you need, please let us know.
Mr. Carmen L. and Edna M. Marinalla
Enclosures; 4
6568 Eddinghill Drive
Rancho Palos Verdes, CA. 90274
March 22, 1977
Mr. Ronald L. Dlxon
Century 21 Realty
1906 F Oceanside Blvd.
Oceanside, CA. 92054
^
Dear Mr. Dixon:
I am sure you are aware that we have been totally frustrated
in our plans to build on the Carlsbad property we purchased through
your Company. We very much regret that we were not informed by you
of the sewerage problem that prevents building along that area. As
it is, Mr. Richard Young, the architect we consulted, told us. In
fact, I believe he was rather surprised that such a piece of property
was sold to us; as, at the present it is merely dormant land. He did
offer, however, to check into the situation for us and I am enclosing
a copy of his letter for you to read.
s
We plan to continue the investigation ourselves and if possible
Join with other property owners in an effort to pursuade City Council
to give us some priority. We thought that you could at least give us
some support in this venture.
Very truly youra,""
lir. Carmen L. liarinella
•• s
Enclosure
cc: Mr. Einar G. Mo
Mr. D. L. Lana, Title Insurance & Trust
- ,' -ARCHITECTS l*JL,AiM* -ifc>
RICHARD B. YOUNG A.I.A. RICHARD A. IAJMSDEN A.I.A.
•- -. - '• •• .':.' ,. ; • • r. . -X1- •' .
March 1, 1977
Mr. Carmen L. 'Marine! la
6568 Eddinghill Drive
Rancho Palo,s Verdes, Ca. 90274
Dear Mr. Marinella: .;>. ; .
As we discussed, I have-checked with the City of Carlsbad
concerning the availability of sewer service for your property
on Ocean Street in -Carlsbad. The current information -from the
City Engineer is that 'the sewer line in that area/is at capacity
and no new connections are being allowed. .
Several/of the property owners of the vacant land in the area
have requested the City Council to appropriate funds in the
amount of approximately .$200; 000. 00 to install new lines to
serve t^iis vacant property. .."The property owners would then be
required .to pay theOjf! proportionate share of this new sewer
service at the time they took out a building permit for construc-
tion. The City had previously ;applied for Federal funds to do
this work but the project was not funded.
The City Council is now in the process of establishing priority
for the funds which are available to expand or. update sewer facil-
ities throughout the City. The City Engineer was unable to indi-
cate whether this project would be one of those planned for con-
struction in the next fiscal year. It could be a matter of 2 or
3 months before the Council makes the final allocation of funds.
If the project was funded, some of the design work has already
been completed and I am told that the new sewer lines could be
installed and ready for use by the end of the year.
At this point then it would appear that the timing of the sewer
extension project would be uncertain until the Carlsbad City
Council establishes its funding priorities within the next few
months .
If you have any further questions concerning this matter or if
I could be of any additional help, please contact me.
Sincerely, •
ARCHITECTS PLANNERS
'Richard B. Young, A ..A.
2191 EL CAMINO REAL SUITE 208 OCEANS1DE, CALJTORNIA 9#S4 714 757-0092 2540 WILT ROAD FALLBROOK, CALIFORNIA 92028 714 728-8613