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HomeMy WebLinkAbout1978-08-15; City Council; 5540; Sewer allocation appeal'. • '•CITY OF CARLSBAD AGENDA BILL NO._^j _ Initial: DATE: August 15, 1978 DEPARTMENT: ENGINEERING _ _ C. Mgr. Subject: SEWER ALLOCATION APPEAL - PROPOSED PROFESSIONAL DEVELOPMENT , SOUIHWEST CORNER PIQ PICO AND LAS FLORES (APPELLANT - JACK KUBOTA - NICK SAUER) Statement of the Matter Exhibit 1 is a request to appeal the decision of staff that the request for six E.D.U. 's cannot be granted due to the sewer moratorium (see Exhibit 2, letter from Planning Director) . Exhibit 4 is a recent letter from the Planning Director outlining the reasons why the application is not exempt from the sewer moratorium. Exhibits 1. letter dated July 25, 1978 from Nick Sauer.. 2. Letter dated July 18, 1978 from the Planning Director. 3. Letter dated July 6, 1978 from Nick .Sauer. 4. Letter dated August _ , 1978 from the Planning Director. Recommendations « That the City Council deny the request for sewer allocation for reasons stated in the Planning Director's letters dated July 18, 1978 and August _ , 1978 (Exhibits 2 and 4) . Council action 8-15-78 The matter was continued at the request of the applicant.by letter dated August 11, 1978. LAVA/ OFFICES OF SWIRSKY 8 SAUER AN ASSOCIATION INCLUDING PAUL S. SWIRSKY A PROFESSIONAL CORPORATION WILLIAM N. SAUER, JR. 2g6s ROOSEVELT/ SU,TE H A PROFESSIONAL CORPORATION CARLSBAD, CALIFORNIA 92008 TELEPHONE (7141 729-1197 MAILING ADDRESS POST OFFICE BOX IIS5 August 11 , 1978 Mr. James C. Hagaman Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: After discussion with you on the telephone and after receiving your letter of August 7, 1978, I would appreciate it if the request by the undersigned for allocation under the Contingency Category be con- tinued for a minimum of one month. The reason for the request for continuance is to allow time for the study of the contingency programs to see whether or not our project can apply to same and, further, to allow for percolation testing to determine the feasibility of a septic system handling the project. I appreciate your cooperation in this matter. Very tfqly yours, WILLIAM WNSrbcs PAUL S. SWIRSKY WILLIAM N. SAUER, JR. A PROFESSIONAL CORPORATION LAW OFFICES OF SWIRSKY & SAUER AN ASSOCIATION INCLUDING A PROFESSIONAL CORPORATION 3965 ROOSEVELT, SUITE H CARLSBAD, CALIFORNIA 92008 TELEPHONE [7I4> 729-1197 MAILING ADDRESS POST OFFICE BOX 1185 July 25, 1978 Mayor and City Council City of Carlsbad Carlsbad City Hall 1200 Elm Avenue Carlsbad, California 92008 Honorable Mayor and City Council: On July 6, 1978, I wrote to the City Manager requesting six equivalent dwelling units for the proposed project at Pio Pico and Las Flores in Carlsbad. A copy of the letter is attached hereto, marked Exhibit "A" and hereby incorporated by reference. It is hereby requested that this entire matter be placed on the Council Agenda as soon as possible so that the Council be allowed to determine whether the project be allocated the equivalent dwelling units from the contingency categories. It is my understanding that the contingency categories include failing septic tanks, community development rehabilitation programs, redevelop- ment areas, capital improvement programs and a reserve capacity for other exceptions to the sewer moratorium. I would appreciate the opportunity to address as this matter is considered. Very tr the Council at such time WILLIA SAUER WNS:bcs Encl . cc: James Hagaman Planning Director 1200 ELM AVENUE P 7S&/ . I ' TELEPHONE: CARLSBAD, CALIFORNIA 92008 V3**?J$/ <*/ 'I (714} 729-1181 Citp of July 18, 1978 Mr. W. N. Sauer, Jr. 2965 Roosevelt, Suite H Ca.rslbad, Ca. 92008 Re: Las Flores Professional Plaza - Request for Sewer Allocation Dear Mr. Sauer: We have received and reviewed your letter of July 6, 1978 regarding six e.d.u.s (equivalent dwelling units) for your proposed project. Unfortunately, the city is unable to grant your request. When the City Council adopted Resolution No. 5371 authorizing allocation of certain e.d.u.s to specific projects, it was in relation to an allocation system that required submittal of an application by certain deadlines. Those projects submitted were subsequently reviewed and certified as qualified for consideration by the city. The projects which 'obtained e.d.u.s were listed on Exhibit A to that Resolution (Exhibit and Resolution attached). By that Resolution, the City Council-also acted to transfer the remaining e.d.u.s to community facilities and contingency categories to be allocated by the City Council on a case-by- case basis. The community facilities category includes parks, schools, churches, hospitals, airports, and other governmental buildings. The contingency category includes failing septic tanks, community development rehabilitation programs, redevelopment areas, capital improvement programs, and a reserve capacity for other exceptions to the sewer moratorium. Mr. Sauer, Jr. July 18, 1978 Page two The first phase sewer allocation system exists only in relation to Resolution No. 5371. A City Council Committee is working on the second phase allocation program which is intended to deal with future capacity gains from the Encina plant. We will add your name to the list of persons desiring sewer capacity, and to our mailing list for distribution of information relating to sewer allocation. Very truly yours, 'JAMES C. HAGAMAN Planning Director •JCHtms cc: City Manager Public Works Engineering PAUL S. SWIRSKY WILLIAM N. SAUER, JR. A PROFESSIONAL CORPORATION LAW OFFICES OF SWIRSKY S SAUER AN ASSOCIATION INCLUDING A PROFESSIONAL CORPORATION a96S ROOSEVELT, SUITE H CARLSBAD. CALIFORNIA 92008 TELEPHONE 1714] 729-1197 MAILING ADDRESS POST OFFICE BOX lies' July 6, 1978 City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Las Flores Professional Plaza Dear Sir: The undersigned and Jack Y. Kubota are proposing a professional development on property located in the vicinity of the southwest corner of Las Flores Drive and Pio Pico Blvd., in Carlsbad. V/e are the owners of five parcels of real property upon which we intend to develop the project. The configuration of the project is desig- nated on the site plan, attached to this letter, marked Exhibit "A", and hereby incorporated by reference. Our contemplated project will require a total of twelve EDU's- based on the City Engineer's evalua- tion -of 1,800 sq. ft. of office space for each EDU. We propose to develop a professional facility in -one phase, there- fore, pursuant to the second revision of the first phase sewer allo- cation system, City Council Resolution 5371, April 18, 1978, Section 4, City Council Resolution 5303, February 7, 1978, Section 4(f), and "Section 18.05.020 CMC, we hereby request an additional six EDU's to (complete our proposed professional facilities. We are.enclosing for your assistance an aerial photograph of the property in its present condition, which is marked Exhibit "B" and hereby incorporated by reference. - • Very . truly yours, , W. N. SAUER, JR, Ends. cc: Planning Director, J1m Hagaman Public Works Administrator, Ron Beckman EXHIBIT "A" 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 TELEPHONE: (714) 729-1181 Cttp of Cartebafc August 1, 1978 William N. Sauer Swirsky & Sauer 2965 Roosevelt„ Carlsbad, Ca. 92008 Dear Mr. Sauer: We have received your letter of July 25th requesting that your matter be placed on the City Council agenda to allow Council to determine if the project may be allocated sewer capacity in the Contingency Category. We are placing the matter on the City Council agenda for August 15, 1978 per that request. The Planning Department staff does not understand how your request meets the criteria for the Contingency Category. Perhaps there is some misunderstanding as to the intent of the category. The Contingency Category includes failing septic tanks, community development rehabilitation programs, redevelopment areas, capital improvement programs, and a reserve capacity for other exceptions to the sewer moratorium as outlined in the attached copy of Carlsbad Municipal Code Section 18.05. Your proposed office structure, as far as can be determined, does not fit any of the Contingency Category criteria. If I can be of further assistance please do not hesitate to contact me. Sincerely, 18.04.150—18.05.010 18.04.150 Building numbering-. Each occupancy, prin- cipal building, structure, dwelling unit, and mobile home space within the city shall be identified by a number or combination of number and letter. Such numbers' shall be in harmony with other established postal addresses in the area. Such numbers shall.be .a minimum of three inches in size and shall be of contrasting colors so as to be readable from the adjoining streets. Numbers^shall be designated and assigned by the city building department. (Ord. 8059 (part) , 1971) . . • V 18.04.160 Street name signs. All private and public streets within the city shall have designated street names which shall be identif-ied by signs. The size and type of street signs* and the names of streets shall be subject to the approval of the city planning department and the police and fire departments. Location and number of signs shall be 'as required by the city. (Ord. 8059 (part), 1971). Chapter 18.05 BUILDING PERMIT MORATORIUM Sections* 18.05.010 Purpose and intent. 18.05.020 Sewer moratorium. 18.05.030 Sewer allocation system. * 18.05.010 Purpose and intent. (a) The city, by con-. • tract, owns certain capacity rights in the Encina Water Pol- lution Control Facility. The city council has received a series of reports indicating that after taking into account the amount of sewer capacity required for building permits in ;._ process, governmental projects, certain city contractual, ob- ligations, and other matters, the city had reached its capac- - ity rights in the Encina facility. It is not possible for the city to exceed that capacity without violating provisions of federal and state law and its contractual obligations to the other members of the joint facility. Since sewer service, in most cases, is unavailable to serve potential building inr the city, the city council has no alternative but to impose a building moratorium until such time as there is some change _'_. in the situation^ In the absence of such moratorium, buildings^ could be constructed in the city without adequate provisions —- for the disposition of sewage which is a situation of consid- erable danger to the public health, safety and welfare. • (b) In the -event additional amounts of capacity do be- come available, it is also the purpose of this chapter to provide authority for the adoption by resolution of a means ._. of allocating that capacity among the competing demands. (Ord. 8073 §l(part), 1977). 274 (Carlsbad 10/15/77) -18.-05-.020- ------ 18.05.020 Sewer moratorium. Notwithstanding ~any provi- sion s~^f~ThT]T~co^e~~to~Th^~c^ntrary, no building permit shall be issued nor shall any application therefor:jb%; the city except as follows: (1) Building permits for work in that city within the service territory of the San Marcos o dia County Water Districts shall be processed in accordance^: --~^g; with this subsection. The city manager sha 11—monjl tor sewage treatment capacity of said districts. !£_the manager determines that capacity is avai 1 able, he may rize the building department to accept applications building permits. If the city manager amount of sewer capacity necessary to service the projects in plan check would exceed the available supply^ have authority to order that no additional accepted. The city manager shall have authority" to --l-arj reimpose such order as he determines appropria±eyrbasiedfen1 -.'"-• the availability of sewer capacity in such districts^ . ^hf^ ~ determinations by the city manager pursuant to _this ^subsec-__ tion are for the administrative convenience_of~-»-~ "---"---=' do not indicate that sewer service will or will not in -fact—-rv-t^F, be available for a particular project nor that the building- permit will issue. . Building permits shall until the applicant presents a valid sewer connection permit for the project from said district. The director^of building^ and housing shall verify that the sewer permitr-rs-valid prior to issuance of the building permitv • "S:: .-.--,G-J- (2) 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 determina- tion may be appealed to the city council whose decision ":" shall be final. (3) 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. (4) Permits for construction for the Plaza Camino Real expansion pursuant to the contract between the Plaza Caraino Real, the city and the Carlsbad parking authority dated No- vember 5, 1975, may be processed and issued. .- (5) Building permits may be processed and issued for any public project undertaken by the city. (6) Building permits may be processed this code provides for an alternate (7) 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 public interest. . . ..- - . •..•'--L,.:..~- 274-1 (Carlsbad 10/15/77") C 18.05.020 (8) 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 p.m. on April 19, 1977. (9) Building permits may be processed and issued for development within the boundaries of subdivision CT 74-6. (10) The city council may grants-exceptions for certain private projects involving building permits for work within existing structures where the council in its sole discretion finds that: '. (A) The building permit is for work to be performed within the exterior walls and roof of an existing structure; (B) Said structure was constructed pursuant to a building permit issued prior to April 19, 1977; (C) Those portions of the structure" for which the building permit would be issued pursuant to this subsection have not been previously occupied; (D) That 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. • . (11) 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 struc- ture 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 re- moved and the site restored to the satisfaction of the city engineer. 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 per- mit 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 ser- vice 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 one hundred twenty days of the city council's approval of the transfer. After commencement of construction> pursuant to 274-2 (Carlsbad 1/15/78) 18.05.030—18.06.030 -*-••a 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. 8076 §1, 1977; Ord. 8075 §1, 1977; Ord. 8074 §lf 1977; Ord. 8073 -§1 (part), 1977). 18.05.030 Sewer allocation system. 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 con- nection permits shall be in accord with such allocation sys- ' tern. (Ord. 8073 §l(part), 1977). Chapter 18.06 UNIFORM .HOUSING CODE Sections: 18.06.010 Adoption of Uniform Housing Code. - 18.06.020 Building official designated. 18.06.030 Violations. . 18.06.010 Adoption of Uniform Housing Code. The Uniform Housing Code, 1973 Edition, copyrighted by the International Conference of Building Officials, is adopted by reference as the city housing code. (Ord. 8068 §2(part), 1976). • . i 18.06.020 Building official designated. The director of building and housing of the city is designated as the building official as mentioned in the Uniform Housing Code and is designated as the person who shall enforce all of the provisions of that code. (Ord. 8068 §2(part), 1976). 18.06.030 Violations. Any person or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor. (Ord. 8068 §2(part), 1976). 274-3 (Carlsbad 1/15/78)