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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