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HomeMy WebLinkAbout1978-04-04; City Council; 5403; Appeal to City Council-Waiver of Sewer Connection'* * . 4 i CITY OF CARLSBAD AGENDA BILL NO. xdbJ DATE : April 4, 1978 I DEPARTMENT : City Manager Initial: Dept.Hd, C, Atty. C, Mgr. > - Subject : APPEAL TO CITY COUNCIL - WAIVER OF SEWER CONNECTION FEE John H. Downey Statement of the Matter Mr. John H. Downey has directed a letter to the City Council requesting that the $500 sewer hookup charge be waived in connection with his property at 162-168 Maple. Mr. Downey states that he is seeking to add a 2" kitchen sink line to a previously existing sewer connection for a guest house on this property. Exhibit Letter from John H.'Downey dated 3-27-78 'Memo to City Manager from Assistant City Manager, 3-30-78 - i -Memo to City Manager from City Engineer, 3-14-78 I Memo to City Manager from City Engineer, 3-14-78 - Memo to City Manager from Building Director, 3-30-78 Recommendation It is recommended that City Council deny the request for . waiver of sewer connection fee. Council action 4-4-78 Discussion was held and no action was taken by the City Council. March 27, 1978 Carlsbad City Council City Hall 12QU Elm Street Carlsbad, California 92008 City Council Members: The property located at 162-168 Maple was purchased in December 1977. A contingency of the purchase was a "Certificate of Campliance" to bt., furnished by the seller. The listing real estate sa?-esman contacted the Carlsbad Building Department and an inspection illata made, The written certificate was not received because there ueTe three items not up to code-a patio roof, a carport roof and the height of the electrical service. Because of the time factor involved I met with the same inspector and verified the above and decided to make the above corrections personally, We also discussed my intention to add a kitchen sink and to connect it to the existing sewer line, Assurances were given that such an action would constitute no problem and could be done. At this paint I felt confident that I was buying two legal units. Thesecond week in February plans were submitted and permits requested to enclose a 6'8" x 11'6" porch to add an efficiency kitchen to the rear unit consisting of a Combination living-bedroom and a bath. I was informed that there was no record of a sewer hook-up and no sewer service charges were being made. A dye test was preformed and it &as determined that the sewer was indeed connected. After many trips to City Hall and conflicting answers, 11 was finally told that it would require a payment of a $500.00 connection fee plus two years back charges of $48.00. for incomplete city records when every effort has been made by me to conform to building codes. It seems unjust to penalize me It is hereby requested that the five hundred dollar connection fee be waived. In essence I am seeking to add a 2" kitchen sink line to a previously existing sewer connection. This addition does not in my judgement justify the levying of a full $500.00 connection fee, or charges for previous service before my purchase of the property in December 1977. 413 Hukchison- StreE;k"c\ Vista, California !3<063 DATE : MARCH 30, 1978 TO : CITY MANAGER FROM : Assistant City Manager SUBJECT: APPEAL TO COUNCIL - SEWER CONNECTION FEE John H. Downey - 162-168 Maple Mr. Downey first talked with you regarding a connection for a sink drain in a garage apartment on Maple Avenue in Carlsbad. The Building Department inspected the property and found no problem with allowing a connection since a dye test was performed which revealed that the property was on sewer. However, a check of the records revealed that no sewer charges had been paid, consequently, no sewer connection fee had been paid. City policy has been to charge two years back charges for sewer main- tenance fees and our ordinance requires a sewer connection fee of $500.00. The Engineering Department explained the situation to Mr. Downey. As the recent purchaser of the property he feels the sewer connection fee should not be charged him. He is willing to pay the back sewer maintenance fee. Staff is of the opinion the connection fee should be paid. WILLIAM C. BALDWIN Assistant City Manager WCB: ldg TO: City Manager FROH: Cl ty Engineer SUBJECT: Buildlng Permit 78-58 0 168 bple Avenue' Mr. John H. Downey has recently purchased the above property. Them are two existing structures on the lot which is zoned R-3. The front buildlng Is a residential dwelllng. The mar building is a one-car garage and attached stud10 with a bathroom. Both structures ar0 connected to the public sewer, but neither structure has paid sewer connectton Pees or monthly semtce charges, Since the rear structure does not have kltchen factlftiks, it is an accessory buildlng or guest house, as defined by the zoning ordinance. As such, a separate sewer connection permit is not required for the rear structure, Xf * the property Is reviewed with current ordinances and p9ltiieufndffd,the present use mqui res one equlvalent -11 i ng unit connection. Mr. Downay has applled for a bullding permit to add a kitchen to the rear structure. With thls addltian, the rear buildtng nfll becme a second dwelling unft and, as such, ntlt require a shr conneetlett pernit of one EDU. -For thts reason, It Is my deterarfnatfon that the proposed addition is subject tb the current bui ldfng permit mratorfm. . t i j 2.. I ! The existing use Is essentially the same as mtfng a bedroom nithfn an exlstlng' dwelling unit, I am sure there are a nuslber of single dwelling units throughout Carlsbad which arc currently rentlng aut rooms, If we Issue thts building pernit, I believe any multlple bedroom structure fn B m'ttfplq famtly zone could be argued to have as many existing sewer connectfens as extstfng betdram (01" bath- If we am authorized to process this building pgmtt, f believe we should require a connection fee at the nom1 rate of $500 for the rear unit, fn addltton, we 1 should also collect the $2.@ pemmth service charge for the last two years far In addition to the sewer moratorium question, ft ?s unclear whether the propod use meets the offstreet parklng requiremento of the zoning ordinance. Depending!: upon the number of bedroom in the front building, three or four offstreet perk-' ing spaces will be required. IIIMQIHY e. mw rooms) * one unit, resulting In a back charge of $48.00, -.d- . ORIGINAL SIGNED BY -.--* .ae-,- Tim Flanagan Ci ty Engineer TCF:FNL:m. c: MF. Downey MEMORANDUM DATE : MARCH 30, 1978 TO : ASSISTANT CITY MANAGER FROM: BUILDING DIRECTOR SUBJECT: SEWER CONNECTION - 168 MAPLE AVENUE When Mr. Doweny's problem was first brought to my attention, it was for City Managerrs approval €or a Building permit. However, in checking the record on sewer connections with the Water department, it was found that according to the record, the property at 168 Maple was not connected to the City sewer. A dye test was requested by the Building department. This was conducted by the City staff and this property was connected to the sewer. To assure that this was a valid connection, the flow direction of the sewer lines on private property, prior to requesting the dye test, was dug up to see direction of flow. Further, since I had full knowledge of this second unit being on this property (168 Maple), I did not anticipate the refusal of a Building permit to put a kitchen in this small unit and so stated to Mr. Downey prior to review by the City Engineer. There is a statement by tenants to the fact that they lived in this unit prior to the Sewer moratorium, April 19, 1977. I see no more sewer effluent Being added to the system in an appreciable amount by the addition of this kitchen. DIRECTOR OF BUILDING AND HOUSING John H. Downey 413 Hutchison Vista, California 92083 April 17, 1978 ._- Carlsbad City Council 1200 Elm Street Carlsbad, California 92008 Gentlemen: After a review of the existing situation regarding the appeal for relief of sewer hook-up fees at 168 Maple Street, we wish to withdraw the appeal brought before the council on April 4, 1978. Thank you for your consideration in this matter. .I DATE : TO : FROM: SUBJECT : APRIL 12, 1978 CITY COUNCIL City Manager SEWER CONNECTION FEE APPEAL - John H. Downey As a result of the Council discussion regarding the appeal to a sewer connection fee by John H. Downey, the staff has reviewed the subject further in hope of clarifying the matter. There are three code sections which appear to apply. They are: 21.04.120 Dwelling unit. "Dwelling unit" means one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. (Ord. 9060 S223). 21.04.200 Kitchen. "Kitchen" means any room or portion of a room used or intended or designed to be used for cooking or the preparation of food. (Ord. 9060 S239). 21.04.165 Guest house or accessory living quarters. "Guest house" or "accessory living quarters" means living quarters within an accessory building for the sole use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. (Ord. 9060 S232). In administering the sewer connection permit system, commercial and industrial property is rated based on an equivalent dwelling unit basis and, although we have recognized the problems inherent in this, rest rooms have been used as a measure of equivalency, Residential housing, however, is measured by counting each dwelling unit as one sewer connection. In residential housing, the criteria for defining a housing unit is whether it has a kitchen or not. Since the property in question is in an R-3 zone, the zoning would allow the addition of a kitchen, making it a legal residence. Any such addition creating a legal residence would, however, fall under the sewer moratorium because it would require a sewer connection permit as a new dwelling unit. .- A Page 2 Subject: Sewer Connection Fee Appeal - John H. Downey April 12, 1978 The staff conclusions reached from this additional review are that: 1. The guest house is being illegally rented. 2. A sewer connection permit is required because the addition of a kitchen would create a new dwelling unit. 3. The request for remodeling falls under the sewer moratorium. QJ!ll PAUL D. BUSSEY City Manager PDB:vm ,' . MEMORANDUM - April 6, 1978 TO: City Manager FROM: City Engineer SUBJECT: Appeal to City Council - Waiver of Sewer Connection Fee (Agenda Bill No. 5403 - John H. Downey, 166-168 Maple) I understand that this item was referred back to staff for further infor- mation. In reviewing the Agenda Bill and staff report, as well as some of the comments at the meeting, it appears there is some confusion re- garding my memorandum dated March 14, 1978. In clarification, the $500 sewer connection fee determination is - not for the existing connection of the single family unit with guest house. The $500 connection fee relates to the conversion of the guest house into a fully equipped (kitchen added) rental unit. The addition of kitchen facilities will result in an increase in the sewage flow to the treatment plant. The garbage disposal and cooking facilities will be an increase over the domestic sewage generated by the existing shower, sink, and toilet. Because of this increase in flow by change of the use of the building, I still believe that the application for building permit to construct a 6'8" x 11 '6'' kitchen addition is not exempt from the sewer moratorium. However, if this application is determined to be exempt from the sewer moratorium, the buildin permit will require a sewer connection permit at the current rate of ! 500. Tim Flanagan (/ Ci ty Engineer TCF:ms "- a ! * 7 April 3.978 Honourable Ronald Packard,blayor City Council City of Carlsbad 3200 Elm Avenue Carlsbad, California 92008 Dear Mr. Mayorrand Council Members: I would like to take this opportunity to express my concerns regarding the allocation of sewer connections under your "Second . Revision to the First Phase Sewer Allocation System." As an applicant under this system, I requested 7 connections for, proposed apartment units on the southeast corner of Carlsbad Boulevard and Walnut Avenue. In order to qualify for consideration under your !'First Phase Sewer Allocation System", it was necessary for me to have a lot line adjustment map prepared, a variance granted from the Planning Commission and approval from the San Diego Coastal-Regional Commission. As a part of this approval process, I agreed to eliminate a curb cut on Carlsbad Boulevard, provide a wheelchair access to the sidewalk, and provide an open space easement of that portion of the property fronting on Carlsbad Boulevard. I will also eliminate an unsafe driveway off of Carlsbad Boulevard. All entrance and exits to be on Walnut Street. This process' took several months to complete and was most frustrating. Much of the time required was due to the inability of City staffers to have the proper documents reviewed and prepared for my approval. In addition to the improvement, I have mentioned above, I feel that this project provides. other benefits to the City of Carlsbad, The completion of this development will provide a very scenic addition to Carlsbad Boulevard and improve the general appearance of the area, Obviously, you have many more applications for sewer than connections, Further, I realize that it was the purpose of the IISecond Revisionrf to approach the allotment of sewer on a purely !'objective1' level e However, I feel that there are projects that should be considered on their impact to the community. Further, ';hc additional points fo'r projects utilizing a lower per- centage of the sewer capacity is descriminating to both builders and potential tenants of multiple family housing. Larger developments can provide more units at a lower cost to the public, By awarding sewer to those projects with fewer units, you are, in fact, descriminating against those people who are not affluent enough to live in a duplex. -1- '4* I .r t c Since you do have such a demand for sewer connections in the Multiple Family classification, it seems somewhat insensitive not to allocate the remaining 62 connections you have available. This with- holding of connections (as proposed by staff) together with the fact that one couple seems likely to receive 60% of the connections available does not seem either fair or equitable. I am sure that my case is not unique when it comes to the amount of money and time expended. A release of the remaining 62 connections would serve the best interest of Carlsbad. Your consideration of my letter and application are most appreciate d . Yours truly, &&&ad&d&d C hand1 e r E dwar ds 5471 Los Robles Drive Carlsbad, California 92008 438-3284 i