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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 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. 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 . 1 2 3 4 5 6 7 8 9 10 11 12 :i3 14 15 16 17 18 19 20 21 J4 25 26 27 28 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