HomeMy WebLinkAbout1978-09-19; City Council; 5580; Sewer service availabilityUJL i i ur
1 Initial:
AGENDA BILL NO. ^'J'&G Dept. Hd.
•DATE: September 19,1978 ' City Atty /s/
DEPARTMENT: PLANNING - City Mgr.
SUBJECT:
GPA-52, SEWER SERVICE AVAILABILITY .
AS APPLIED ON A CITY-WIDE BASIS
STATEMENT OF THE MATTER
On April 18, 1978, the City Council directed staff to prepare a General Plan
Land Use Element to recognize the fact that sewer services are essentially un-
available in 'the City of Carlsbad. The City Attorney's office prepared the
amendment which was forwarded to the Planning Commission for hearings. This
amendment is attached as Exhibit "A" dated July 12, 1978.
The Planning Commission held two public hearings to review this amendment.
Some members of the community were concerned about the absence of provisions
for alternate sewer systems. The Commission agreed and suggested adding these
provisions. This will allow the City Council to approve alternate sewer
systems without requiring another amendment to the General Plan.
Another concern the Planning Commission had was.that paragraph two appears
to indicate that applications may be submitted for subdivision in any zone
provided there was a minimum of 15,000 square feet per each lot. The
Commission noted that the City Council recently adopted an ordinance that
prohibits the submittal of major subdivisions with septic tanks except in
the R-E Zone regardless of the size of the lot. The Commission therefore
'wished to amend GPA-52 to reflect this regulation.
The Planning Commission has recommended approval of GPA-52 with the changes
to accommodate the above concerns. '
Exhibits
- « . *
Planning Commission Resolution No. 1458 - with attached Exhibit A dated 7/26/78
Staff Report dated 7/12/78, with attached Exhibit A dated 7/12/78.
Memo from City Manager to City .Council, 9-14-78 .'
Recommendation
It is recommended that the City Council direct the City Attorney to prepare
documents modifying the Genera.l Plan as per Planning Commission Resolution
No. 1457. . *
Note: See City Manager meino dated 9-14-78 'under exhibits
Council Action:
9-1.9-78 Council returned the matter'to the Planning Commission for
consideration of deleting paragrap-h- 2 f-rom the GPA-52.
FORM PLANNING 73
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PLANNING COMMISSION RESOLUTION NO. 1457
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 CONDITION THE DEVELOPMENT OF ALL PROPERTY
UPON THE CITY COUNCIL'S DETERMINATION THAT SEWER
SERVICE IS AVAILABLE.
CASE
WHEREAS, the Planning Commission did on July 26, 1978 hold•
a duly noticed public hearing as prescribed by law to consider
an amendment to the Land Use Element of the General Plan; and
WHEREAS, The Planning Director has determined that said
amendment will have a nonsignificant impact on the environment
and a Declaration of Negative (Non-significant) Environmental
Effect has been issued and filed in satisfaction of the require-
ments of the City of Carlsbad Environmental Protection Ordinance
of 1972 and the California Environmental Quality Act; and
WHEREAS, at said public hearing, upon hearing and consider-
ing the testimony and arguments, if any, of all persons who desirec
to be heard, said Commission considered all facts relating to the
General Plan Amendment and found the following facts and reasons
to exist:
1) Sewer service is essentially unavailable in the City of
Carlsbad, and this fact should be recognized in the General
Plan.
2) Since development cannot take place without sewer per the
Public Facilities Element of the General Plan, it is
necessary to subject such development to further approvals
.
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pursuant to a sewer allocation system.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That an Amendment to the Land Use Element of the General Plan
be adopted conditioning the development of all property upon
the City Council's determination that sewer service is
available, and more particularly described in attached
Exhibit A, dated July 26, 1978.
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Carlsbad, California, at a regular meeting held on
August 9, 1978, by the following vote, to wit:
AYES:L'Heureux, Jose, Rombotis, Larson, Schick, Wrench
NOES-.None '
ABSTAIN: None
ABSENT: None "
RRY I8DMBOTIS, Chairman
ATTEST :
S C. HAGAMAN-ySecretary
-2-
EXHIBIT "A"
JULY 26, 1978
GENERAL PLAN AMENDMENT
(GPA-52)
SECTION I: Amend the Land Use Element of the Carlsbad General Plan by
the amendment of Section IV(b) by the addition of Subsection (6) Sewer
Availability, to read as follows:
"(6) Sewer Availability. Due to the events largely beyond the control
of the City of Carlsbad, the City has no capacity rights in the Encina Sewage
Treatment Plant available for new development. In effect, sewer facilities
are not available for any development to be constructed within the City of
Carlsbad. This unavailability is expected to continue for the forseeable
future. As a result of a lack of sewer facilities, the City Council has
determined that it is necessary to condition further development of the City
pursuant to this land use element on the provision of adequate sewer facilities.
All of the designated land uses contained in this element shall be inoperative
until such time as the City Council determines that sewer facilities are
available to serve the property. The availability of sewer service will be
determined by the City Council in accordance with such a Sewer Allocation
Plan and/or Growth and Facilities Management Plan as the City Council may
adopt. Outstanding developmental approvals shall not be exercised and new
development approvals shall not be given unless the proposed project qualifies
under such a sewer allocation system.
Applications for development may be allowed to process for projects which
incorporated a septic tank system with conventional leach lines or seepage
pit provided that the lot or lots to be developed are 15,000 square feet or
greater in area, or alternate sewer systems as approved by the City Council.
The City Council has determined that urban developments, using septic systems,
cannot be allowed with densities more intense than would be allowed by the
15,000 square foot minimum for four lots or less without endangering the
public health, safety and welfare. The City Council has determined that
major subdivisions of five lots or more shall not be permitted utilizing
septic tank systems, except as may be allowed in the Residential Estate
Zone (R-E).
Notwithstanding anything to the contrary in the general plan, developments
may not occur in the City of Carlsbad regardless of the land use designation
or other approvals which may have been obtained unless the City Council gives
its approval for such development in accordance with such a Sewer Allocation
Plan and/or Growth and Facilities Management Plan as the City Council may
adopt."
STAFF REPORT
Date: July 12, 1978
To: Planning Commission
From: Planning Department
Case No: GPA-52
Applicant: City of Carlsbad
Subject: Amendment to the Land Use Element of the General
Plan to condition the development of all property
upon the City Council's determination that sewer
service is available.
Background
The City Council, at their April 18, 1978 meeting, approved the
staff recommendation that the General Plan Land Use Element and
Zoning Code be amended to recognize the fact that sewer service
is essentially unavailable in the City of Carlsbad. The City
Attorney and the City's special counsel have prepared the
suggested wording of the amendment.
History and Related Cases.
A moratorium on building permits due to the unavailability of
sewer service was approved on April 26, 1977 (Ordinance No. 7047)
and codified as Section 18.04.170 of the Carlsbad Municipal Code.
An interim ordinance prohibiting the application for and approval
of discretionary projects was first adopted on April 26, 1977
(Ordinance No. 7048). This "Planning" moratorium was extended
on August 16, 1977 (Ordinance No. 7050) and again on April 18,
1978 (Ordinance No. 7053). The effect of this moratorium, if
not repealed, will expire on April 26, 1979.
ZCA-98
This code amendment was heard by the Commission on June 28, 1978.
It is the companion action to this General Plan Amendment
discussed in the background section of this report.
Environmental Impact Information
A Declaration of Negative (Non-significant) Environmental Effect
has been issued for this project based on the following findings.
1) The proposed project is an administrative change that conforms
the General Plan to existing conditions and policies.
2) The proposed project would have minimal direct impact on the
environment.
STAFF REPORT
JULY 12, 1978
PAGE TWO (2)
Discussion
The proposed General Plan Amendment will recognize the present
lack of sewer availability in Carlsbad, and condition future
development on any sewer allocation system the City Council may
adopt. This limitation of the availability of adequate sewage
treatment capcity at the Encina Plant is expected to continue
for many years and it is both necessary and desirable to recognize
this fact in the General Plan.
Recommendation
Staff recommends that GPA-52 be APPROVED as set forth in Exhibit
"A", attached, for the following reasons:
1) Sewer service is essentially unavailable in the City of
Carlsbad, and this fact should be recognized in the General
Plan.
2) Since development cannot take place without sewer per the
Public Facilities Element of the General Plan, it is
necessary to subject such development to further approvals
pursuant to a sewer allocation system. ^.
Attachment
Exhibit "A".
MZ/ar
.2
EXHIBIT A
JULY 12, 1978
GENERAL PLAN AMENDMET
(GPA-52)
SECTION I: Amend the Land Use Element of the Carlsbad
General Plan by the amendment of Section IV(b) by the addition
of Subsection (6) Sewer Availability, to read as follows:
11 (6) Sewer Availability. Due to the events largely beyond
the control of the City of Carlsbad, the City has no capacity
rights in the Encina Sewage Treatment Plant available for new
development., In effect, sewer facilities are not available
for any development to be constructed within the City of
Carlsbad. This unavailability is expected to continue for the
forseeable future. As a result of a lack of sewer facilities,
the City Council has determined that it is necessary to
condition further development of the City pursuant to this
land use element on the provision of adequate sewer facilities.
All of the designated land uses contained in this element shall
be inoperative until such time as the City Council determines
that sewer facilities are available to serve the property.
The availability of sewer services will be determined by the
City Council in accordance with such a Sewer Allocation Plan
and/or Growth and Facilities Management Plan as the City
Council may adopt. Outstanding developmental approvals shall
not be exercised and new developmental approvals shall not be
given unless the proposed project qualifies under such a 'sewer
allocation system.
Developmental approvals may be given for projects which
incorporate a traditional leach/septic system provided that
the lots or lots to be developed are 15,000 square feet or
greater in area. The City Council has determined that urban
developments, using septic systems, cannot be allowed with
densities more intense than would be allowed by the 15,000
square foot minimum without endangering the public health,
safety and welfare.
Notwithstanding anything to the contrary in the general plan,
developments may not occur in the City of Carlsbad regardless
of the land use designation or other approvals which may have
been obtained unless the City Council gives its approval for
such development in accordance with such a Sewer Allocation
Plan and/or Growth and Facilities Management Plan as the City
Council may adopt."
DATE: SEPTEMBER 14, 1978
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: GPA-52, SEWER SERVICE AVAILABILITY
AS APPLIED ON A CITY-WIDE BASIS
Paragraph £k of Exhibit A of Planning Commission Resolution
No. 1457 was developed and included with the aid of the
City Attorney. It is more specific than General Plan
language usually attempts to be. After careful consideration
by the City Attorney, it is recommended that the paragraph be
eliminated.
Appropriate language which covers the points in the paragraph
will be incorporated into future sewer allocation systems and
other zoning ordinances.
It is therefore recommended that Paragraph ^ of Exhibit A of
Planning Commission Resolution No. 1457 be returned to the
Planning Commission for review and report back to the City
Council.
LyD.PAULyD. BUSSEY
City Manager
PDB:ldg
NOTICE OF PUBLIC HEARING
GENERAL PLAN AMENDMENT
RE: GPA-52
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 the adoption of
an amendment to the Land Use Element of the General Plan to
condition the development of all property in the City upon
the City Council determination that sewer service is
available pursuant to such sewer allocation system as the
Council may adopt.
APPLICANT: CITY OF CARLSBAD
PUBLISH: September 6, 1978 CARLSBAD CITY COUNCIL
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Citp 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.484
PROJECT TITLE:_GENERAL PLAN AMENDMENT
PROJECT ADDRESS: Entire City of Carlsbad '.
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
\Sr APPROVED
DENIED
ENVIRONMENTAL IMPACT REPORT
NONE COMPLETED PURSUANT TO CEQA
COMPLETED PURSUANT TO CEQA
A copy of the [^Negative Declaration f~| EIR with supporting
documents is available for public review at the Planning Department,
City Hall, 1200 Elm Avenue, Carlsbad, CA 92008.
c...
//Planning Direct
INITIAL STUDY SUMMARY
DATE: June 21, 1978
TO: James C. Hagaman, Planning Director
FROM: Dave Abrams, Assistant Planner^p^-,
SUBJECT: GPA-52, PUBLIC FACILITIES AVAILABILITY, ENVIRONMENTAL REVIEW,
LOG NO. 484
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. The City Council directed amendment notes the current sewage
capacity situation at the Encina Treatment Plant, and the resultant need
to condition further development pursuant to the Land Use Element on the
provision of adequate sewer facilities. The proposed amendment then
states that all of the land use designations contained in the Element
shall be inoperative until the City Council can determine sewer facilities
are available to serve the property. This determination is to be made in
accordance with such a Sewer Allocation Plan and/or Growth and Facilities
Management Plan as the Council may adopt.
Developmental approvals may only be granted for projects qualifying under
such a sewer allocation system, or those using traditional septic systems
on lots a minimum of 15,000 square feet in area.
The project is an administrative procedure that incorporates into the
General Plan existing conditions and policies. Therefore, the GPA itself
will not have direct significant impact on the environment. ~
REO3MEM3ATION
It is recommended a Declaration of Negative (Non-Significant) Environmental
Effect be made regarding this project.
JUSTIFICATION
The proposed project is an administrative change that: conforms the General
Plan to existing conditions and policies. It vrould have miniital direct
impact on the environment.
DA:ms
ENVIRONMENTAL PROTECTION ORDINANCE OF 1972
DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVlKOMMENTAL EFFECT -
* *
APPLICANT City of Carlsbad _^_
TYPE OF APPLICATION: General Plan Amendment ^ ; ___
PERMIT AND/OR FILE NO. QPA-52 ' '
THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR:
PROJECT DESCRIPTION Amendment to Land Use "Element regarding unavailability of
sewer service in the City.
PROJECT LOCATION OT1^«^,^r '
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 v/ill not have any significant
impact 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 proposed project is an adminstrative change that conforms the General Plan_,.,,,..^
. -to existing conditions and policies. It vrould have minimal direct impact on
'. . the. environment. . -
The Environmental Impact Assessment will be available for public
review and comment for five working days after date of publication,
^^M^^T ^— ^J£L_ £*?&3%r^&''f*^&*-4^j£m^'.^C. HAGART^TTurfing Director
L
E.I.S. Log No. 484
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-53. 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 corranents
in writing to the Planning Department by July 3, 1978.
ENVIRONMENTAL IMPACT ASSESSMENT FORM
.Receipt No.EIA NO .jtj
Date:
Name of Applicant:
Address:
Permit Applied For:
Case Nos.;
/_AA
Location of Proposed Activity:"T?>
BACKGROUND INFORMATION
1.-, Give a brief description of the proposed activity (attach'
any preliminary development plans).
To
Describe the activity area, including distinguishing
natural and manmade characteristics; also provide precise
slope analysis when appropriate.
BE.
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 Ho
1. Could the project significantly change present land uses
in the vicinity of the activity? X
•
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? yy
4. Could the activity result in the displacement of ^
community residents? , A
5. Are any of the natural or man-made features in the activity X
.area unique, that is, not'found in other parts of the
County, State, or nation? -
6. .Could the activity significantly affect a historical or ,-
. archaelogical site or its setting? . _ JQ
7' Could the activity significantly affect the potential
use, extraction, or conservation of a scarce natural res- ^~
ource? . y^.
8. Does the activity area serve as a habitat, food source
nesting place, source of water, etc. for-rare or endangered
wildlife ork fish species?
9. Could the activity significantly affect fish, wildlife or
plant life?
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? • '
12. Could the activity change existing features of any of \s
the City's beaches? A
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 \s
of already developed areas? . ' . /\
fes No
15. Wil> 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?
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.
-X
•X.
X
X.
27. Will the activity result in substantial increases in the use of utilities,
sewers, drains or streets?
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:
-X-
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.
f=-) — 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:
Revised 7-/3/74
FORM PLANNING 40