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HomeMy WebLinkAbout1979-03-20; City Council; 5308-3; Septic tank systems alternative of sewage disposalCITY OF CARLSBAD AGENDA BILL NO. 5308 - Supplement #3 DATE: March 20, 1979 DEPARTMENT : Engi neeri ng C. Mgr. -f) Subject : ! C. Atty. SEPTIC TANK SYSTEMS AS AN ALTERNATE METHOD OF SEWAGE DISPOSAL .Statement of the Matter The City Council has previously reviewed staff recommendations and instructed staff to return with the necessary documents (Council action on 2/21/78 and 6/20/78) for adoption into the Municipal Code. The staff has modified the first draft of the septic tank ordinance (dated 6/12/78) which was before Council at the June 20, 1978 meeting. The revised draft ordinatlce allows major subdivisions, other than residential subdivi- sions¶ to be processed that utilize septic tank systems as an alternate system of sewage disposal, provided that such major subdivisions "is a re- subdivision of a commercial or industrial zoned parcel existjng at the time of this ordinance for which full public improvements, in accordance with current City standards, exist-or have been assured 'by a secured improvement agreement as of the effective date of this ordinance". ' . Exhibits * 1 . Memoranhum to City Manager dated Marc.h 13 , 1979 with: Attachment "A" Chronological Summary of Memorandums and Counci 1 Actions. Attachment "BII Proposed Septic Tank System Ordi nan.ce. 2. Ordinance 5053 Recommendations .- 8 If the attached ordinance conforms with Council I s expressed needs, their action would be to approve Attachment "B" to Exhibit 1 and direct the City ' Attorney to prepare necessary documents adopting the draft ordinance and repealing existing Ordinance 5053. Council Action: 3-20-79 .. Council directed the City Attorney to prepare the necessary documents in accordance with the draft'ordinance, and to repeal existing Ordinance 5053. . MEMORANDUM TO: City Manager FROM: City Engineer DATE : March 13, 1979 SUBJECT: Septic Tank Sysans as an Alternate Method of Sewage Di Background posal The sewer moratorium enacted in April 1977 has resulted in much interest in alternative sewer systems. proposals made for alternate sewage disposal systems in order to develop property. Some of these proposals include satellite sewage plants for basins, individual package plants, evapo-transpiration systems, septic systems (with leach 1 ines or seepage pits). Since that time there have been many Evapo-transpiration systems are no longer allowed by the Water Quality Control Board due to 'I... an alarming rate of failure for these experi- mental systems" (letter dated May 16, 1978). The City Council has denied requests for individual package plants (i .e., Papagayo), preferring to concentrate efforts in the area of satellite plants sewing large basins. The existing municipal code allows septic systems as an alternate method of sewage disposal. However, the City Council has voiced concerns over indiscriminate or uncontrolled use of septic systems as an alternate to public sewer service. The use of septic systems as an alternate method of sewage disposal has been the subject of several City Council meetings during 1978. Several memorandums have been prepared by the Engineering Department on the subject, making recommendations to the City Council. memorandum is to summarize these previous memorandums and City Council discussion, as well as to supplement previous information in order to present a draft ordinance to the City Council on the subject of septic sys tems . The purpose of this Attachment "A" is a narrative, chronological slummary of various memorandums and City Council discussions regarding septic systems. Attachment "BI' is a proposed draft ordinance entitled "Chapter 13.20 Septic Tank Systems" which I believe incorporates all the necessary provi- sions that the City Council wished to have included in the septic tank system ordinance. Summary As a condensed summary of "A" and "Bit, the draft ordinance includes the f ol 1 owi ng : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Generally prohibits major subdivisions from using septic systems but does provide exemptions for residential subdivisions zoned rural- estates (RE) and certain re-subdivision of a commercial or industrial zoned parcel for which full public improvements exist or have been assured by a secured improvement agreement. subdivision of Palomar Airport Business Park, for example, but would not allow residential subdivisions such as Thunderbird Ranch. This would allow a re- Does not allow "industrial waste". This provision will exclude restaurants, laundromats and industrial waste water. Only "domestic sewage'' is provided for. Allows minor subdivisions (four or less lots) but only if each lot meets strict standards (15,000 square feet of usable and flat area per lot). Adopts policies and procedures of the County Health Department (including payment of fees for processing) in obtaining a septic tank system permit. All newly created commercial and industrial parcels served by septic system must be at least one acre in size. The public sewer system shall be extended to within one foot of the property for future use. Connection to the public sewer will not be allowed unless the existing system fails and cannot be repaired, and there is no additional area available on a parcel for expansion of the system (i.e., the system must be expanded into the 100% reserve area rather than connect to the pub1 ic sewer). The design flow shall be based on the same flow rates as established for public sewer although phased construction of the septic system may be allowed. This provision will preclude inaccurate estimates of sewage f 1 ow (and potenti a1 mi srepresentati on) . No other effluent disposal system other than the conventional leach lines or seepage pits will be allowed. No provisions are made for payment of sewage capacity charges at the time of building permit issuance. time that connection is ultimately made to the public sewer system at the rates in effect at the time of connection. Charges will be collected at the Ci ty Engineer TCF: pab attach. ~ cc: Pub1 i c Works Admi ni s trator SEPTIC TANK SYSTEM PROCESSING December 6, 1977 City Council reviews request for 40 lot subdivision (R-1-10) known as Thunderbird Ranch, using septic tank and seepage pit systems as an alternate sewer system. ing on the tentative map was continued until February 21, 1978 and staff was directed to prepare a report on the use of septic systems. Based on concerns of Council, the public hear- January 17, 1978 AB5308 (Septic Tank Systems as an Alternate Method of Sewage Disposal) was discussed by Council. summarized the existing City and County procedures for septic systems and recommended that septic systems be allowed for all subdivisions subject to various technical requirements conforming to the rules , regulations, policies, codes and ordinances that the County uses on County subdivisions. The staff report dated January 10, 1978 The matter was referred back to staff for additional information on policy issues. The primary concern voiced by Council members was that there should be a policy to prohibit major subdivisions from developing on septic systems. February 21 , 1978 City Counci 1 reviewed AB5301 Supplement 1 . Staff memorandum dated February 14, 1978 summarized Council concerns regarding policy issues. Based on Council policy considerations and not on the technical feasi- bility of septic systems, the Council approved allowing septic systems for all existing single family lots, minor subdivisions, existing commercial and industrial lots where an industrial waste permit is not required but disapproved major subdivisions (unless specifically allowed by rural estate zoning). denied approval of CT77-15, Thunderbird Ranch. Based on this policy decision, the Council Staff was directed to return with the necessary documents adopting the policy recommendations in the staff memorandum dated February 14, 1978. April 13, 1978 A letter is received from the developer of Palomar Airport Business Park asking for reconsideration of the Council policy that allowed only rural estate major subdivisions to be processed. More specifically, the request was to allow re-subdivision of existing subdivided land in the PM zone into five or more lots. June 20. 1978 The Council considered AB5308 Supp Business Park). Based on concerns continued until July 5, 1978 for a ement 2 (request from Palomar Airport of the City Attorney the matter was further report from staff. July 5, 1978 The matter was again referred back to staff for further report, said report to contain proposed language to allow re-subdivision of existing PM lots. July 18, 1978 City Council adopts Ordinance 5053 which requires all lots to be served by septic system to be at least 15,000 square feetx size. of this ordinance requires that no existing single family lot smaller than 15,000 square feet can utilize a septic system. The wording September 6, 1978 A staff memorandum and draft ordinance was prepared incorporating Council pol icy on septic systems. Thi s memorandum recommended repeal of Ordinance 5053 which would allow existing residential lots less than 15,000 square feet to be served by septic systems, subject to satisfactory percolation tests, etc. This proposed Council Agenda Bill was referred back to Engineering for a more comprehensive report. -2- 1 3.( 1: 1; 0 1< 2( . 23 2: 22 24 2E 26 27 28 DRAFT: 8/25/78 ORDINNJCE NO. AN ORDINAYCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 13 OF THE CARLSBAD JAUNTCIPAL CODE BY THE ADDITION OF CHAPTER 13.20 TO REVISE THE REGULA- TION OF SEPTIC TANK SYSTEMS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: Title 13 of the Carlsbad Municipal Code is amended by the addition of Chapter 13.20 to read as follows: "Chapter 13.20 SEPTIC TANKS SYSTEMS Sections : 13.20.010 General restrictions. 13.20,020 Requirements for septic tank systems, 13.20.030 Connection to public sewer system, 13.20.040 Application procedure - existing lots, 13.20.050 Application procedure - subdivisions. 13.20.060 Authority to adopt by resolution, 13.20.010 General restrictions. (a) No septic tank system shall be installed or constructed unless either of the folPgswing zonditions exist: proposed development and the local sewer agency or City Engineer determines that extension of the public sewer system is not feasible. Df this Code is in effect and none of the exceptions o€ that section are applicable. (b) No septic tank system shall be installed or constructed unless it meets all the requirements of this ordinance and Chapter ?f Division 8 of the San Diego County Code of Regulatory Ordinances as adopted by reference by Section 6.02.010 of this Code. alternative method of sewage disposal when connection to the public sewer is not available. (d) No septic tank effluent disposal system other than conventional leach lines or seepage pits may be constructed or installed on any lot or parcel, into any septic tank system. subdivisions except as follows: (1) The public sewer system is not adjacent to the (2) The sewer moratorium pursuant to Section 18-05.020 (c) A septic tank systemshall be the only acceptable (e) No sewage other than domestic sewage may be discharged (f) Septic tank systems shall not be allowed for major 4 ! 1( 1: 1: 9 1E 2c 21 2: 24 25 26 27 28 .4 h (1) A major subdivision of a parcel for which the appli able zoning ordinance specifically allows the use of an alternative sewer disposal system. (2) A major subdivision which is a resubdivision of a commercial or industrial zoned parcel existing at the time of this ordinance for which full public improvements, in accordance with current City standards,exist or have been assured by a secured improvement agreement as of the effective date of this ordinance. 13.20.020 Requirements for septic tank systems. The follow- ing requirements shall be met unless waived by City Engineer prior to approval of the construction or installation of a septic tank system. (a) Each newly created lot or parcel to be used for residential purposes which is to be served by a septic tank' system shall have a minimum area of 15,000 square feet per dwelling unit or as required by the applicable zoning ordinance, whichever is greater. industrial or commercial purposes which is to be served by a septic tank system shall have a minimum area of one acre. shall not include: "panhandles"; slopes in excess of 25%;deep fills or ravines. . (if other than the City) and the City Engineer recommending approval for the use of the proposed septic tank system. rules, regulations, policies, codes and ordinances of L&e County of San Diego. tank system shall have an additional. area suitable for expansion o'f the system equivalent to at least 100% of the total area used for the initial leach line or seepage pit installation. County of San Diego Department of Public Health and one copy of this permit shall be submitted for each lot or building at the time the building plans are submitted to the City of Carlsbad Building Department for plan check. use to within one foot of each lot or parcel which is to be served by a septic tank system. The sewer line shall be constqucted in a manner and location approved by the City Engineer or local sewer agency. This requirement shall not apply if the local sewer agency determines that extension of the public sewer system is not feasible. (b) Each newly created lot or parcel to be used for (e) The minimum lot or parcel areas required by this section (d.) A letter shall be obtained from the local sewer agkncy (e) Each septic tank system shall conform to all the current (f) Each lot or parcel which is to be served by a septic (9) A septic tank system permit shall be obtained from the (h) The public sewer system shall be extended for future 13.20.030 Connection to public sewer system. Notwithstand- ing any provisions of this code to the contrary, no structure or lot being served by a septic tank system may obtain a sewer connection permit as long as the local sewer agency within whose service territory the lot or structure is located has no available sewage treatment capacity as may be determined by the City Manager unless the City's Public Health Officer and City Engineer certify 2. .. 'be '. 1 t 7 I 5 IC 11 19 20 21 22 23 24 25 26 27 28 that the existing septic tank system has failed and constitutes a health hazard and that there is no additional area available for expansion of the existing system and that the existing system cannot be repaired. shall obtain priority in any sewer allocation system that nay be adopted by the City Council pursuant to Section 18.05.030 of th5.s code due to the failure of any septic tank system constructed or installed pursuant to this chapter. No person within the City of Carlsbad sewer service area 13.20.040 Application procedure - existing lots. (a) Befor the applicant submits plans to the City Building Department, the applicant shall submit to the City Engineer the following: septic tank system. percolation test reports for each lot. than the City, recommending approval for use of the proposed septic tank system. a plot plan showing size and placement of all buildings and a preliminary grading plan. property, the applicant shall also .submit proposed use (s) , area (SI and estimated sewage flow for each building. (6) Such other information as may be required by the City Engineer, The City Engineer will review the informatgon and will issue a letter approving or disapproving the use of the proposed septic tank system. (1) A letter requesting City approval for use of a (2) Soil conditions of trench or seepage pits and (3) A letter from the local sewer agency, if other (4) Two copies of proposed development plans including (5) In addition, for commercial and industrial zoned (b) 13.20.050 Application procedure.- subdivisions. (a) Befare making application for any minor subdivision or a major subdivision as provided for in Section 13.20.010(f) of this Code, the applicant shall submit to the City Engineer the following: septic tank system. for minor subdivisions or tentative subdivision map for major subdivisions. than the City, recommending aFproval for use of the proposed septic tank system. property, the applicant shall also submit: including a plot plan showing size and placement of buildings and a preliminary grading plan. flow for each building. (b) The City Engineer will review the information and will issue a preliminary letter approving or disapproving the use of the proposed septic tank system. (c) If a preliminary letter of approval for the use of (z (1) A letter requesting City approval for use of a (2) Two copies of the proposed tentative parcel map (3) A letter from the local sewer agency, is other (4) In addition, for commercial and industrial zoned (i) Two copies of proposed development plans (ii) Proposed use(s) , area(s) and estimated sewage 3. I( 1: CI 1.; 1$ 2c 21 22 22 24 25 26 27 28 septic tank system is issued by the City Engineer, the applicant shall have one copy of the soil condition of trench or seepage pit and percolation test reports for 100% of all proposed lots. subdivision map is submitted to the City for review, the applicant shall submit evidence that satisfactory percolation tests have been taken on 100% of the proposed parcels and said tentative par- cdmap or tentative subdivision map shall bear certification by the County Health Department that it has approved each proposed parcel for installation of a septic tank system in accordance with this septic tank ordinance. he necessary tests performed and submit to the Engineer (d) At the time the tentative parcel map or tentative 13.20.060 Authority to adopt by resolution. The City Coancil shall have authority to adopt by resolution any additianal requirements for the installation and construction of septic tanks as it may determine are necessary for the protection, health and welfare of the public. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. - - INTRODUCED AND FIRST READ at a regular meeting of the Carlsba City Council held on the ' day of , 1979, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 1979 by the following vote, to wit: AYES : NOES : i ABSENT : .. - .e- RONALD C. PACKARI), Mayor ATTEST : MARGAWT C. ADAMS, City Clerk (SEAL) - 4. L I I an 1. .1 I 3 2 z 4 E 7 E s IC 13 li 0 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. -- 5053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALfFOWIA, AMENDING TITLE 6, CHAPTER 6.02, SECTION 6.02.010 OF THE CAFUSBAD FRJNICIPAL CODE BY THE ADDITION OF SUBSECTION (H) TO REVISE THE MINIMUM LOT AREA SIZE REQUIRED FOR THE INSTALLATION OR CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS - The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 6, Chapter 6.02, Section 6.02.010 of the Carlsbad Municipal Code is amended by the addition of Sub- section (h) to read as follows: “(h) Section 68.329 of the San Diego County Code of Regulatory Ordinances, adopted by reference by this section, is amended to read as follows: ‘Sec. 68,329 ‘Minimum Lot Areas of 15,000 Square Feet. No septic tank, settling tank, cesspool, seepage pit or other subsurface sewage disposal system or unit shall be installed or constructed on a lot, parcel or building site contdining an area of less than 15,000 square feet.’” .. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTROIXJCEDAND FIRST READ at a regular meeting of the Carlsbad City Council held on themday ofAly , 1978, and thereafter /// /// /// ///