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)