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HomeMy WebLinkAbout1978-09-09; City Council; 5578; Siting of Satellite sewer treatement plantsCITY OF CARLSBAD f? AGENDA BILL NO. ^5*^7IT Initial Dept. Hd DATE: September 19, 1978 C. Atty. C. Mgr. DEPARTMENT: PLANNING SUBJECT:SITING OF SATELLITE SEWER TREATMENT PLANTS CASE NO.: GPA-53 APPLICANT: CITY INITIATED (Public Hearing) Statement of the Matter The City Council, on April 18, 1978, initiated a General Plan Amendment to provide for the siting of satellite sewage treatment plants and directed staff to draft appropriate amend- ments. The City Attorney, with the Planning Department's con- sultation, drafted the amendment which was forwarded to the Planning Commission for hearing. This amendment expands existing section (C) (6) of chapter 4 on page 28 of the Land Use Element. It is a revision to the text regarding public utility descriptions to provide siting of both existing and future public facilities. It will provide for the general siting of the satellite sewage treatment plant such as a reclamation plant proposed in the Lake Calavera Hills deyelopment. The Planning Commission held three hearings on this matter and were primarily concerned about the lack of definitive location criteria in the "general" siting of the "U" designation. Therefore, the Planning Commission recommended a modification to the amendment to allow the "U" designation to "float" within a one kilometer radius of the designation. They also limited the "U" designation to a satellite waste water treatment facility. Exhibits Planning Commission Resolution No. 1463 Staff Report dated July 26, 1978 Staff Report dated July 12, 1978 . Planning Commission Minutes of August 9, 1978 Recommendation If the City Council concurs with the Planning Commission, the City Attorney should be directed to prepare documents ADOPTING GPA-53 as per Planning Commission Resolution No. .1463. Counci1 Action; 9-19-78 Council directed the City Attorney to prepare documents adopting GPA-53 as per Planning Commission Resolution No. 1463. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1463 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO PROVIDE FOR THE SITING OF SATELLITE SEWER TREATMENT PLANTS CASE NO.: APPLICANT: GPA-53 City of Carlsbad WHEREAS, the City Council, on April 18, 1978, initiated a General Plan Amendment to provide for the siting of satellite sewage treatment plants, and WHEREAS, an environmental review has been conducted pursuant to the Guidelines, for Implementation of the California Environ- mental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review-; a Notice of Declaration of Nonsignificant Environmental Impact was issued for the following reasons: 1. The project is an administrative matter that will have minimal direct impact on the environment. 2. Any particular public utility facility proposal will come under individual environmental review. WHEREAS, the Planning Commission did on July 12, 1978, July 26, 1978 and August 9, 1978 hold duly noticed public hearings as prescribed by law to consider said amendment; and _.- WHEREAS, at said public hearing of August 9, 1978, and upon hearing and considering testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the General Plan Amendment and found the following fact and reason to exist: ATTEST: 1. It is both necessary and desirable to have the requirement of amending the General Plan be the first step when locating primary utility functions. WHEREAS, the Planning Commission by the following roll call vote recommended APPROVAL of GPA-53 as represented on the attached Exhibit "A", dated August 9, 1978, attached hereto: AYES: ;.LfHeureux, Rombotis, Larson, iSchick, Wiench NOES: None ABSTAIN: Jose NOW, THEREFORE, BE IT RESOLVED the above recitations are true and correct. Introduced, approved and adopted this 9th day of August, 1978. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION JAMES C. HAGAMAN, Secretary -2- GENERAL PLAN AMENDMENT (GPA-53) SECTION Is The Land Use Element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page 28, to read as follows: "(6) Public Utilities. The General Plan contemplates that primary public utility facilities will be located in areas that are classified U (Public Utilities). This category of land use designates areas, both existing and proposed, either being used or which may be considered for use for public or quasi- public functions. Sites delineated with precise boundaries represent existing sites or sites which have been precisely fixed by General Plan. Amendment for primary functions such as the generation of electrical energy, treatment of waste water, stantial portion of the community. Sites identified with a r ^ circular U designation indicate that the City is studying or may in the future evaluate the location of a satellite waste water treatment facility in an area which could be located within a one kilometer radius of the designation. Specific siting for such facilities shall be accomplished only by a change of zone, specific plan adoption, or master plan approval for developments in the Planned Community zone or other similar actions adopted by ordinance which in any case shall be approved only after duly noticed public hearings." - EXHIBIT "A August 9, 1978 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD . ) SS I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 9th day of August, 1978 by the following roll call vote: AYES : NOES : ABSTAIN : ABSENT: ^ V;GV -HAGAMAN> -: Sec r etary -- h^ CARLSBAD PLANNING COMMISSION MEMORANDUM DATE: July 26, 1978 TO: Planning Commission Members FROM: Planning Department Staff SUBJECT: GPA-55 BACKGROUND On July 12, 1978, the Planning Commission considered a proposed General Plan Amendment (GPA-53) to revise the text of the Public Utility description in the Land Use Element to provide for the siting of both existing and future facilities. The staff report for that hearing is attached for your reference. The basic intent of the proposed amendment is to require a General Plan Amendment as the first step in locating any primary public utility facility. The current wording.of the Land Use Element text states that the Public Utility designation only defines areas currently being used for public and quasi-public functions. This would imply that a proposed facility would only need zoning or some other discretionary action prior to development. The city would then amend the Land Use Element to show the site after it was established. This is clearly not the intent of the General Plan. The'Planning Commission concurred with this premise but was uncomfortable with the concept of allowing the future sites to "float" within an undefined area. Because of this concern, the matter was returned for staff to develop a tighter definition of the area in which the future Public Utility sites could be located. Staff has reviewed this matter and feels that there are two basic options. These two options are discussed in the following sections. FLOATING SITE This concept is in-line with the staff report presented at the last meeting. Basically, it recognizes two"categories of public utility sites, "existing" and "future". i Staff feels the"future"category of this designation would allow early citizen awareness and discussion of a proposed facility. However, it could create'a situation where there was not yet enough information to precisely locate the site (i.e. Lake Calavera Hills). Therefore,-the concept of a "floating" Public Utility was used. „ Memorandum ( July 26, 1978 V Page Two (2) • . In order to better define the limits of the area in which the Public Utility could float, staff would suggest, for the sake of discussion, that one of the following three criteria could be used: • l. Fixed Distance - The text would state the maximum radius in which the.site could be moved (i.e. 1,000 meters). 2. Sub-drainage Basin - The text would state that the site for sewage treatment facilities could ultimately be located anywhere within the sub-drainage basin, to be established at time of placement on the Plan. 3. City Quadrant - The text would state that the future utility may be located anyxvhere within one of the identified quadrants of the city. These criteria obviously increase in their geographical definition. The larger definition allows more flexibility and places more people on notice that a site is being studied. The tighter definition places tighter restrictions on where the site could be located and allows a more detailed review by the citizens and the decision-makers. Staff feels that the minimum dimension that would be practicable is 1,000 meters (one kilometer = 3280.84 feet or approximately two-thirds of a mile). Again, the advantages of the concept of a floating site are 1) earliest possible notice to the citizens that a site is being studied, and 2) earliest public hearing forum oh a proposed site. The disadvantage of this concept primarily has to do with the lack.of specific information. FIXED SITE . The concept of two types of sites, "existing" and "future", can be expanded to three types of sites, "existing", "proposed", and "future". "Proposed" sites would be those that are fixed on the Land'Use Plan after thorough study and approval by the city. "Future" sites would be those areas still under study and would not be shown on the Land Use Plan. Under this concept, only "existing" and "proposed" sites would be shown in the General Plan. The disadvantage of this concept would be the lack of showing the future sites until studies.and specific'proposals are made. This could lessen the degree of public input into the study and'review process. The city would have to rely on other means of making the people aware of the sites ,or areas under study. The advantage of this concept is the ability of the citizens and decision-makers to review the specific impacts of a proposed site. Then, if approved, the proposed site would be fixed on the General Plan, RECOMMENDATION Staff does not .have a strong opinion on which of the two concepts discussed above is the best. The pros and cons of each have been discussed and the final decision ends up being a policy question. Staff does recommend that one of the following text amendments be GENERAL PLAN AMENDMENT (GPA-53) SECTION 1: The land use element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page 28, to read as follows: "(6) Public Utilities. The General Plan contemplates that primary public utility facilities will be located in areas that are classified U (Public Utilities). This category of land use designates areas, both existing and proposed, to be used for public or quasi-public functions such as the generation of electrical energy, treatment or disposal of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community. £sites delineated with precise boundaries represent existing sites or sites which.have precisely been fixed by General Plan Amendment^) Sites identified with a circular P-U symbol do not represent specific locations. Such a designation indicates that the city is studying a public utility facility in an area which could be located within: a) a one kilometer radius of the designation* or P QOSe . b) the sub-drainage basin of the designation of one an a satellite sewage treatment facility to 'be elxmina.te defined at time of approval ;others. or ^ c) the identified quadrant of the city in which the designation is located. Specific siting for such facilities shall be accomplished by a change of zone, specific plan adoption, or master plan approval for developments in the Planned Community zone or other similar actions adopted by ordinance after duly noticed public .hearings." EXHIBIT "A" Memorandum f • • _ > July 26, 1978 ^ . \ V Page Three (3) • approved for the following reason: It is both necessary and desirable to have the requirement of amending the General Plan be the first step when locating primary utility functions. If the Planning Commission wishes to approve the "floating site" concept, their action would be to approve the attached Exhibit A. If the Commission wishes to approve the "fixed site" concept, their action would be to approve the attached Exhibit B. MZ: le Attachments: Exhibits A and B Staff Report, dated July 12, 1978 GENERAL PLAN AMENDMENT (GPA-53) SECTION I: The land use element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page 28, to read as follows: "(6) Public Utilities. The General Plan contemplates that primary public" utility facilities will be located in areas that are classified U (Public Utilities). This category of land use designates areas, both existing and proposed, to be used for public or quasi-public functions such as the generation of electrical energy, treatment or disposal of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community." EXHIBIT "B" r STAFF REPORT PATE: TO: FROM: CASE NO: APPLICANT: ''SUBJECT: July 12, 1978 Planning Commission Planning Department GPA-53 City of Carlsbad Amendment to the Land Use Element of the General Plan to revise the text regarding the public utility description to provide siting of both existing and future facilities. BACKGROUND * The City Council at their April 18, 1978 meeting, initiated a .General Plan Amendment to provide for the siting of a satelite .sewage treatment plants and directed staff to draft the 'appropriate amendments. The present description of the public utility designation (page -28 of the Land Use Element) reads as follows: This category of land use designates areas - currently being used for public and quasi-public functions such as power generation, energy transmission, and sewage treatment. ENVIRONMENTAL IMPACT INFORMATION A declaration of Negative (Non-significant Environmental Effect has been issued for this project based on the following findings 1) The project'is an administrative matter that will have minimal direct impact on the environment. 2) Any particular public utility facility proposal will come under individual environmental review. DISCUSSION .'.'.! i The proposed project is an amendment to the Carlsbad General Plan Land Use Element to revise text regarding public utility description, to provide siting of both existing and future facilities. The City Council directed amendment expands the present, definition of "Public Utilities" to include the general location of future sites as well as those currently being used. STAFF REPORT - GPA-t>3 JULY 12, 1978 PAGE TWO (2) This GPA will provide for the general siting of satelite sewage treatment plants, such as the reclamation plant proposed in the Calavera Hills development. That particular project, and any others to be developed in the future, will be thoroughly reviewed for environmental impact on an individual basis. The proposed GPA creates the possibility of a "floating" Public Utilities designation, but does not identify a specific site. The General Plan Amendment is an administrative action that establishes policy direction for the legislative body, but does not in itself directly impact the environment. Any proposal for a particular public utility facility would be individually reviewed for environmental effect. 'RECOMMENDATION' Staff recommends that GPA-?53 be APPROVED as set forth in Exhibit "A", attached, for the following reasons: 1) It is both necessary and desirable to have the requirement of amending the General Plan be the first step when locating primary utility functions. •' - Attachment " •• Exhibit "A" .2 GENERAL PLAN AMENDMENT (GPA-53) SECTION 1: The land -use element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page .28, to read as follows: "(6) Public Utilities. The General Plan contemplates that primary public utility facilities will be located in areas that are classified U (Public Utilities). This category of land use designates areas, both existing and proposed, to be used for public or quasi-public functions such as the generation of electrical energy, treatment or disposal of waste water, public agency maintenance storage and operating facilities, or other ..primary utility functions designed to serve all or a substantial portion of the community. Sites delineated with precise boundaries represent existing sites or sites which have precisely been fixed by General Plan Amendment. Sites identified with a circular P-U symbol do not represent specific locations. Such a designation indicates that the land use element of the general plan contemplates that a public utility facility will be located in the future in that general area. Specific siting for such facilities shall be accomplished by a change of zone, specific plan adoption or master plan approval for developments in the Planned Community Zone or other similar actions adopted by ordinance after duly noticed public hearings." EXHIBIT "A" 1200 ELM AVENUE El £$7 , f:3 TELEPHONE: CARLSBAD. CALIFORNIA 92008 llfcfcil/tf M 1714)729-1181 •PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERSAugust 9, 1978 Citp of Carteba& PAGE ONE (1) C I.. CALL TO ORDER - 7:00 P.M. by Chairman Rombotis. - II. ROLL 'CALL - Chairman Rombotis introduced the new Commissioner Mary Marcus, who will be present but not voting at this meeting. • • All other Commissioners were in attendance ' III. APPROVAL OF MINUTES OF JULY 26, 1978 A motion passed approving the minutes of July 26, 1978 upon the correction of two typographical errors. APPROVED MOTION: Jose • • SECOND: Larson AYES: L'Heureux, Jose, Larson, Schick ABSTAIN: Rombotis, Wrench J.V. APPROVAL OF RESOLUTIONS ' -- .A motion passed approving Resolution No. 1457, GPA-52, Sewer Service Availability. . APPROVED MOTION: Jose SECOND: Larson AYES: L'Heureux, Jose, Rombotis, Larson, Schick, Wrench A motion passed approving Resolution No. 1458, ZCA-98, Public Facilities. • APPROVED . " MOTION: Larson SECOND: Jose AYES: L'Heureux, Jose, Rombotis, Larson, Schick, Wrench V A motion passed approving Resolution No. 1459, V-282, John McDonald. APPROVED MOTION: . Larson SECOND: Schick AYES: Jose, Larson, Schick ABSTAIN: L'Heureux, Rombotis, Wrench PLANNING COMMISSION MINUTES August 9, 1978 — ' ' ' PAGE TWO (2) A motion passed approving Resolution No. 1460, CUP-42(F), Herb Motz. APPROVED MOTION:. Jose rye;: SECOND: schick AYES: Jose, Larson, Schick abstain; L'Heureux, Rombotis, Wrench A motion passed approving Resolution No. 1461, Village Area Redevelop- ment Plan. • APPROVED MOTION: L'Heureux SECOND: Jose AYES: L'Heureux, Jose, Wrench, Schick ABSTAIN: Larson, Rombotis A motion passed approving Resolution No. 1462, Village Area Redevelopment Plan. APPROVED MOTION: L'Heureux SECOND: Jose •AYES: L'Heureux,.Jose, Wrench, Schick ABSTAIN: Rombotis, Larson v. ORAL COMMUNICATIONS . Mr. Plender related that there was an item of business to be discussed under New Business, i.e. the proposed LAFCO agricultural lands policy. • VI. CONTINUED PUBLIC HEARINGS . A. GPA-53, Public Utility Revision Commissioner Jose related that due to the fact that; the tapes of the first public hearing dealing with this matter were unavailable, he will abstain from voting. * Chairman Rombotis related that he has listened to the tapes of the public hearing and therefore feels qualified to vote on the matter. Mr. Mike Zander gave the staff presentation. Mr. Roy Ward, 3088 Pio Pico, Carlsbad, related that in order to afford City government the maximum flexibility in the siting of public facilities, and in the interest of neighboring residences, the floating "U" designation should be restricted to certain areas, and not outside the drainage basin. He therefore agreed with staff recommen- dation of approval of Exhibit B, in lieu of the origianl proposed Exhibit • A. Mr. Steve Kissick, 7912 Las Nueces Place, representing Move the Sewage Plant Corporation, expressed concern over the floating site concept and urged maximum "people protection" efforts. He further indicated that his corporation feels no sewage treatment plant should be sited closer PLANNING COMMISSION MINUT~* - August 9, 1978 PAGE THREE (3) : ; than 3000 feet from existing residences,- and indicated that recently Leucadia County Water District had agreed to a 2500 foot limit. He related that the fixed site proposal would give the populace at least a general citing area for such wastewater treatment and thus alleviate the element of surprize. He strongly urged the 800 to 950 meter buffer zone between such a plant and the nearest residence. Mr. Harold Clark, 824 Caminita del Reposo, indicated that he would increase such a buffer zone to 1 to 1% miles. Mr. Roily Ham, 2804 La Gran Via, noted several reports indicating the sewage treatment plants are more often than not detrimental to neighboring residential areas and that all plants emit odors. Mr. Roy Ward, 3088 Pio Pico, reiterated that the City of Carlsbad is •out of sewer capacity and therefore is in serious trouble. He noted that those sewage treatment facilities with related problems are normally those facilities which were built a number of years ago and without the advanced technology available today. He stated that to impose a buffer zone as referenced above would condemn thousands of acres of Carlsbad from developing. • THERE BEING NO FURTHER TESTIMONY THE PUBLIC HEARING WAS CLOSED. Commissioner Larson reminded those present that this particular General . N Plan Amendment applied to not only sewage treatment plants, But to public services in general. Commissioner L'Heureux noted that1 possibly -there should be some sort of determination as to the types of compatible uses surrounding the Public Utility Zone, i.e. commercial," residential, etc. Commissioner Wrench pointed out that there is always the possibility of some odor and therefor the due process of debate, deliberation should be precisely spelled out so that no actual citing could take place without the full public hearing procedure. He felt that the terminology of the proposed amendment was. too strong, the quadrant to large and the reference to the sub drainage basin to ambiguous. Commissioner Schick expressed his agreement with Commissioner Wrench's comments. Commissioner Larson indicated the need for a separation between sewage treatment plant siting and other public facilities. • A motion was approved forwarding staff's recommended Exhibit A General Plan Amendment (GPA-53) to the City Council with the following modifications: 1. Any mandating language should be revised to conditional qualification language with express provisions for public evaluation, debate, etc. 2. The floating designation should be restricted only to sewage treatment facilities. August 9, 1978 • • PAGE FOUR (4) - . -, • ; . . ' • * i 3. The one kilometer radius of the designation is accepted. 3 as a means of defining the area. 4. The final paragraph should contain conditional language requiring public hearing, debate and due process prior to any actual siting. Commissioner Wrench will meet with staff later this week to finalize the exact wording of said resolution. APPROVED MOTION: Wrench . SECOND: Larson AYES: L'Heureux, Rombotis, Larson, Schick, Wrench ABSTAIN: Jose B. GPA-Sl(B), Lake Calavera Hills . " Commissioner L'Heureux related that because he has represented landowners who have property contigious to, or who are in the same drainage basin as the project, he will abstain from voting. Commissioner Jose related that due to the fact that there are no tapes . -available on the subject proposal he will abstain from voting. Mr. Mike Zander presented the staff report. Commissioner Larson questioned staff as to the method of public noticing for such projects. - - « • Mr. Zander answered that a public notice is sent to the newspaper and also to all property owners within a 300 foot radius. In this particular case he also contacted interested proproperty owners beyond the normal 300 foot radius. 0 ' • Steve Kissick, 7912 Las Nueces Place, indicated that while the one kilometer radius is an arbitrary measure, it also just happens to include all the best possible sites for a sewage treatment facility in the Lake Calavera Hills project. He noted that the edge of the radius intersects with Rancho Carlsbad and that in some instances the plant would be located in the resident's backyard. He-once again stressed the importance of people protection. THERE BEING NO FURTHER TESTIMONY THE PUBLIC HEARING WAS CLOSED. A motion was approved denying applicant's proposed Exhibit A, and .. ' approving staff's recommended Exhibit B, dated July 21, 1978 attached hereto. APPROVED . MOTION: Larson . ' • SECOND: Schick1 . AYES: Rombotis, Larson, Wrench, Schick ABSTAIN: L'Heureux, Jose . PLANNING COMMISSION August 9, 1978 ' . . -• • ' Page Five (5) 'I. NEW PUBLIC HEARINGS ' A. CUP-154, Pacific Telephone Mr. Don Rose presented the staff report. Mr.•Don Payne, representing Pacific Telephone, indicated his ' concurrence with the staff report and urged commission approval. THERE BEING NO FURTHER TESTIMONY THE PUBLIC HEARING WAS CLOSED. A motion passed approving CUP-154 to permit expansion of existing . telephone compnay electronic switching facilities as per staff's recommendation. APPROVED MOTION: Larson _ SECOND: L'Heureux AYES: L'Heureux, Jose, Rombotis, Larson, Wrench, Schick B. V-283, Bruce Pahl •Ms. Justine McGill, 4340 Highland, related that another property in the same neighborhood had recently been denied a similar request. She wondered if- a rezoning was in.order fur such types of projects. Chairman Rombotis answered that the neighbor is welcome to reapply after one year and staff must accept a variance application even if • denial is assurred. :_... A motion passed continuing this public hearing item until the August 23, 1978 meeting to allow the applicant to submit a revised tentative parcel map. — —-APPROVED """ ' MOTION: Jose ... SECOND: L'Heureux -....• AYES: L'Heureux, Jose, Rombotis, Larson, Wrench, Schick VIII..'NEW BUSINESS Mr. Bud Plender presented the draft agricultural lands policy from • the Local Agency Formation Commission for commission review and input. Mr. James Hagaman, Planning-Director/ related that if the commission desired, staff would give an update on the status of the Agua Hedionda project. The commission indicated that would like such an update. IX. There being no further business Commissioner Jose motioned to adjourn the meeting, Commissioner Wrench seconded the motion and the meeting adjourned at 10:00 p.m. ms " NOTICE OF PUBLIC HEARING GENERAL PLAN AMENDMENT RE: GPA-53 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:30 P.M. on Tuesday, September 19, 1978, to consider an amendment to the Land Use Element of the General Plan by revising the text of the Land Use Element regarding public utility description to provide siting of both existing and future facilities. APPLICANT: CITY OF CARLSBAD PUBLISH: September 6, 1978 CARLSBAD CITY COUNCIL MEMORANDUM DATE: September 12, 1978 TO: City Council FROM: Planning Department SUBJECT: GENERAL PLAN AMENDMENTS ON SEPTEMBER 19, 1978, CITY COUNCIL AGENDA. As per State Law and City Policy, the general plan may be amended only three times a year. To meet this restriction general plan amendments (GPA's) are sometimes grouped at one public hearing. This is generally the case at the September 19, 1978, City Council meeting where there are three GPA's scheduled (one GPA is in two parts giving a total of 4 actions). Two of the GPA's are interrelated dealing with land use with satelite sewer treatment plant siting (GPA-51) and the text amendment that would permit siting of such sewer plants (GPA-53). The other amendment (GPA-52) also deals with sewer, but in an altogether different manner. This amendment clarifies the cities position as to the availability of sewer on a City wide basis. It is a companion action to ZCA-98, which is also on the agenda for adoption of documents. The following is a synopsis of these amendments in the order as they should be considered by the City Council. GPA-53. Siting of satelite sewer treatment plants. This amendment modifies the text of the land use element permitting the City to site both existing and proposed public facilities on the land use map. The proposed siting may "float" within a described area not exceeding one kilometer from the spot on the land use map. This will provide flexibility in specific siting at time of development. GPA-53 needs to be adopted to provide for the consideration of any future public facility sites. GPA-51, Land use amendment at Lake Calavera Hills development areas. This action is actually in three parts which are as follows: EIR.'-4Q3 . Prior to any action of GPA^Sl, the City Council must certify the EIR, This EIR is the environmental document for both GPA-51 and the subsequent master plan presently being considered by the Planning Commission. GPA-51(A). This action is for land use in subject area except for the location of the proposed sewer treatment plant. GPA-51(B). Is the separate action for the locating of the proposed sewer treatment plant. This action ties in with GPA-53 in that 53 permits the City to consider such facilities and 51-(B) is the actual siting. GPA-53 must be approved before the City could GPA-52 Sewer service availability. As stated earlier GPA-52 is connected to ZCA-98, not to any of the other GPA's. BP/ar 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cttp of Cartebab NOTICE OF DETERMINATION TELEPHONE: (714)729-1181 TO: COUNTY CLERK County of San Diego 220 West Broadway San Diego, CA 92101 SECRETARY FOR RESOURCES 1416 Ninth Street Room 1311 Sacramento, CA 95814 LOG NO. 483 PROJECT TITLE:GENERAL PLAN AMENDMENT PROJECT ADDRESS: Entire Sphere of Influence PERMIT APPLICANT:CITY OF CARLSBAD ENVIRONMENTAL IMPACT OF THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT WILL/MAY HAVE A SIGNIFICANT EFFECT STATUS OF. PROJECT \±br APPROVED DENIED ENVIRONMENTAL IMPACT REPORT NONE COMPLETED PURSUANT TO CEQA COMPLETED PURSUANT TO CEQA D D A copy of the (Tffiegative Declaration [~"j EIR with supporting documents is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. DATE; 4— d y /Planning Directo INITIAL STUDY SUMMARY DATE: June 20, 1978 TO: James C. Hagaman, Planning Director FRCM: Dave Abrams, Assistant Planner ^ SUBJECT: GPA-53, PUBLIC UTILITY REVISION*, ENVIRCNMEMMj REVIEW, LOG NO. 483 The proposed project is an amendment to the Carlsbad General Plan Land Use Element to revise text regarding public utility description, to provide siting of both existing and future facilities. The City Council directed amendment expands the present definition of "Public Utilities" to include the general location of future sites as well as those currently being used. This GPA will provide for the general siting of satellite sewage treatment plants, such as the reclamation plant proposed in the Calavera Hills development. That particular project, and any others to be developed in the future, will be thoroughly reviewed for environmental impact on an individual basis. The proposed GPA creates the possibility of a "floating" Public Utilities designation, but does not identify a specific site. The General Plan Amendment "is an administrative action that establishes policy direction for the legislative body, but does not in itself directly impact the environment. Any proposal for a particular public utility facility would be individually reviewed for environmental effect. RECOMMENDATIOM It is recommended a Declaration of Negative (Non-Significant) Environmental Effect be made regarding this project. , JUSTIFICATION The project is an administrative matter that will have minimal direct impact on the environment. Any particular public utility facility proposal will come under individual environmental review. DA/ms ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVIRONMENTAL EFFECT * • APPLICANT City of Carlsbad ' • TYPE OF APPLICATION: General Plan Amendment " • PERMIT AND/OR FILE NO GPA-53 THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR: - " PROJECT DESCRIPTION Council directed amendment to revise text of land use element regarding public utility description to provide siting of both existing and future • . facilities. PROJECT LOCATION Entire sphere of influence ' _____ - I declare that I have examined the information for the above project as submitted by the applicant, and on the basis of the Environmental Impact Assessment questionnaire on file in my office as a public docume it is my determination that this project will not have any significant tmpact upon the environment within the meaning of the California Environmental Quality Act of 1970 and the Environmental Protection Ordinance of 1972 for the following reasons:- '._*"• » . •' • The project is an administrative matter that will have minimal "direct • • ' f • "impact on the environment. 'Any particular public utility facility proposal' ." * * • -vri.11 come under- individual environmental review. The Environmental Impact Assessment will be available for public revtew and comment for five working days after date of publication* DATED ~^L^A+vS.^y ( _ ^j^l^g^g^^y^fiESC. HJfVGAMTtNJxPI ajmfingT Di recTbr E.I.S. Log No. 483 Rev. 3/16/77 FORM PLANNING 42 NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the City of Carlsbad has issued Negative Declarations for the following projects: 1. File No. ZCA-98. Zone Code Amendment that will require sewer availability before the City can issue development entitlements. 2. File No. ZCA-97. The proposed amendment will revise the P-U Zone to make sewage treatment plants a permitted use and at the same time amend the zoning code to clarify that utility uses in other zones are limited to accessory uses. 3. File No. ZCA-87. Zone Code Amendment pertaining to the definition of "Lot Width" for reversed, pie-shaped lots. 4. File No. GPA-52. The proposed project is an amendment to the Carlsbad General Plan Land Use Element to recognize the fact that sewer service is essentially unavailable in the City. 5. File No. GPA-55. The proposed project is an amendment to the Carlsbad General Plan Land Use Element to revise text regarding public utility description, to provide siting of both existing and future facilities. - A copy of the subject Negative Declarations with supportive information is available for public review at the Planning Department, City Hall, 1200 Elm Avenue. Comments from the public are invited. Please submit comments in writing to the Planning Department by July 3, 1978. ENVIRONMENTAL IMPACT ASSESSMENT FORM Receipt No.jA^ EIA NO. 7 03 Date: Name of Applicant; rT* &¥=" Address: Permit Applied For : <<=EI^J^J\L_ P/LAti Case Nos.: Location of Proposed Acti vi ty; BACKGROUND INFORMATION 1., Give a brief description of the proposed activity (attach any preliminary development plans). 2. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate. TVte CcrY 3. Describe energy conservation measures incorporated into the design and/or operation of the project. ENVIRONMENTAL IMPACT ASSESSMENT FORM II. Environmental Impact Analysis Answer the following questions by placing a check in the appropriate space. Yes No 1. Could the project significantly change present land uses in the vicinity of the activity? • 2. Could the activity affect the use of a recreational area, or area of important aesthetic value? 3. Could the activity affect the functioning of an . . established community or neighborhood? M 4. Could the activity result in the displacement of community residents? 5. Are any of the natural or man-made features in the activity M . area unique, that is, not'found in other parts of the t County, State, or nation?- 6. .Could the activity significantly affect a historical or archaelogical site or its setting? . '* Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural, res- ource? . 8. Does the activity area serve as a habitat, food source nesting place, source of water, etc. for-rare or endangered wildlife oivflsh species? \/s^1 9. Could the activity significantly affect fish, wildlife or ^ plant life? . f*.. 10. Are there any rare or endangered plant species in the activity .area? . ' 11. Could the activity change existing features of any.of , the city's lagoons, bays* or tidelands? • • ' Su 12. Could the activity change existing features of any of • . the City's beaches? >C 13. Could the activity result in the erosion or elimination of .agricultural lands? '^ 14. Could the activity serve to encourage development of .presently undeveloped areas or intensify development of already developed areas? No 15. Will- the activity require a variance from established environmental standards (air, water, noise, etc)? 16. Will the activity require certification, authorization or issuance of a permit by any. local, State or Federal environmental control agency? 17. Will the activity require issuance of a variance or conditional use permit by the City? 18. Will the activity involve the application, use, or disposal of potentially hazardous materials? 19. Will the activity involve construction of facilities in a flood •plain? 20. Will the activity involve construction of facilities on a slope of 25 percent or greater? . 21. Will the activity involve construction of facilities in the .^ area of an active fault? YJ 22. Could the activity result in the generation of significant amounts of noise? 23. Could the activity result in the generation of significant amounts of dust? 24. Will the activity involve the burning of brush, trees, or other materials? • . 25. Could the activity result in a significant change in the . quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore). 26. Will there be a significant change to existing land form? (a) indicate estimated grading to be done in cubic yards._ (b) percentage of alteration to the present land form. (c) maximum height of cut or fill slopes. .27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? III. State of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section II but you think the activity will have no significant environmental effects, indicate your reasons below: IV: Comments or Elaborations to Any of the Questions in Section II. (If additional space is needed for answering .any questions, attach additional sheets as may be needed.) Signature Date Signed: .,^_erson completing report) Conclusions (To be completed by the Planning Director). Place a check in the appropriate box. (') Further information is required. ( ) It has been determined that the project will not have significant environmental effects. ( ) You. must submit a preliminary environmental impact statement by the following date . . ( ) You • should make an appointment with the Planning Director to discuss further processing of your project, in accordance with Chapter 19.04 of the Municipal Code. DATE RECEIVED: (,-'l£,- ning Director, or, Revised 7-/S/74 FORM PLANNING 40 MEMORANDUM DATE: May 15, 1978 TO: James C. Hagaman, Planning Director FROM: Mike Zander, Associate Planner SUBJECT: General Plan Amendment for Public Utilities. Page 28 of the Land Use Element of the General Plan contains the description of the "Public Utilities" designation as follows: This category of land use designates areas currently being used for public and quasi- public functions such as power generation, energy transmission, and sewage treatment. In order to expand this definition to include future facilitieSj I would suggest the following wording: This category of landfluse designates areas, both existing and proposed, to be used for public and quasi-public functions such as power generation, sewage treatment, or other pri- * mary utility functions. Sites delineated with precise boundaries represent existing sites and sites shown with a circular symbol represent the general location of future sites to be confirmed at time of development. I suggest that this amendment be considered at the same time as the GPA to be requested by Calavera Hills for their reclama- tion plant. Please review this wording and let me know what you think. MZ:sb MEMORANDUM lUSUflJBOSQ BU|UU8|d DATE: May 25, 1978 IT TO: Planning Director Planning Dapartment PROM: City Attorney SUBJECT: GENERAL PLAN AMENDMENT RE SITING OF SATELLITE SEWAGE TREATMENT PLANTS The City Council at their April 18, 1978 meeting initiated a general plan amendment to provide for the siting of satellite sewage treatment plants and directed staff to draft the appropriate amendments . We have met and discussed the matter and I have incorporated the substance of your . suggestions as contained in Mike Zander's memorandum of May 15, 1978. The resolution amending the general plan should incorporate the substance of the follow- ing: SECTION 1: The land use element of the Carlsbad General Plan is amended by the amendment of Chapter IV, Section (C) (6) Public Utilities, at Page 28, to read as follows : "(6) Public Utilities. The General Plan -•vwft e<~ J&&^-jp£Zjs&x&-^^ Thi s category of land use designates areas, both existing and proposed, to be used for public or quasi-public functions such as the generation of electrical energy , treatment or disposal of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community. Sites delineated with precise boundaries represent existing sites or sites which have precisely been fixed by General Plan amendment. Sites identified with a circular P-U symbol do not represent specific locations. Such a designation indicates that the land use element of the general plan contemplates that a public utility facility will be located in the future in that general area. Specific siting for such facilities shall Planning Director -2- May 25, 1978 be accomplished by a change of zone, specific plan adoption or master plan approval for developments in the Planned Community Zone or other similar actions adopted by ordinance after duly noticed public hearings." In the course of reviewing Section (6) regarding public utilities, we also had occasion to discuss Section (5) regarding governmental facilities. I would suggest that this section be amended along the same lines as the public utilities section. Section (5) has the same problems, dealing only with currently used areas and con- taining no provisions other than amendment for siting governmental facilities in the future. Please review the draft amendment and in the course of that review you may want to submit it for comments to the representatives of Calavera Hills since they will be the parties most immediately affected by the amendment. Unless you have any changes to suggest as a result of such a review, I will assume you will take the steps necessary to set the matter to public hearing before the Planning Commission. ~ VINCENT F. BIONDO, JR. City Attorney VFB/mla