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HomeMy WebLinkAbout1979-05-15; City Council; 5803-2; MONTGOMERY REPORT, LAKE CALAVERA HILLS WASTE WATER TREATMENT PLANT - POLICY ISSUES1 CITY OF CARLSBAD c AGENDA BILL NO. 5803 - - Supplement #2 Initial: Dept . €Id q DATE: Play 15, 1979 C, Atty DEPARTMENT : Sub j cct c . Mgr . Planning -MONTGOMERY REPORT, LAKE CALAVERA HILLS WASTE WATER TREAI. PLANT - POLICY ISSUES Statemsnt of the Matter Council discussed the policy issues as outlined on the E list, dated May 8, 1979, at their Adjourned Meeting helc 1979. In that time did not permit the conclusion of discussior items, staff was instructed to place the matter on the I for the Regular Yeeting of May 15, 1979. - Exhibits /Attachment : List of Policy Issues dated Yay 8, 1979 _- Council Action: --_ 5-15-79 Council concluded their discussion of Policy issues - See Minutes for actions. I I e a t May $I 1979 LAKE CALAVERA HILLS WASTE WATER TREATMENT PLANT - POLICY ISSU 1. Is a satellite treatment facility desirable? 2. What is the proper location for the treatment facility? 3. Should reelamation be a requirement of the plant and how what kind of reclamation will be guaranteed? 4. What recharge facilities are required (and available? 5. Is a fail safe system needed for raw sewage and for treated effluent? 6. What financing methods should be used to construct the I? 7. Are adverse impacts listed in the E.I.R. capable of beir adequately mitigated? - R I 8 - - -II_ __ ___ - --__ I t . - - 0 (II DATE : JUNE 29, 1979 TO : MAYOR AND COUNCIL FROM: City Manager SUBJECT: CONTINUED HEARING ON A PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD WASTEWATER TREATMENT PLANT Agenda Bill No. 5803, Supplement No. 4 (PDP-2) LAKE CALAVERA HILLS ASSOCIATES As a result of discussions with Lake Calavera Hills representatives, they have notified me that they wish to request a two week continuance of the subject matter. Staff will give a short oral presentation concerning the status of this agenda item and specific reasons for the continuance at the Council meeting, f ,i : J. PAUL D. BUSSEY City Manager PDB : ldg Council Action on July 3, 1979: Council continued the public hearing on the PDP to July 17, 1979 at 6:OO P.M. Decreed A Legal Newspaper by the Superior Court of Son Disgo County 3088 PI0 PIC0 AVENUE e P.O. BOX 248 @ CARLSBAD, CA 92008 729-2345 pQ+ 4p/”3 STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or inPeresied in the above enlitlei I am principal clerk of the printer of the Carisbad Journal a newspaper of general ( printed and published twice weekly in the City of Carlsbad, County of San Diego, State of Culil which newspaper is published for the dissemination of local news and intelligence of character, and which newspaper at all times herein mentioned had and still has a bona fide s list of paying subscribers, and which newspaper has been established, printed and publishec n Diego, State of California, for a period one year next preceding the date of pu the notice hereinafter referred to; ai notice of which the annexed is a printel been published in each regular and en said newspaper and not in any s thereof on the following dates, to-wii nr .. .l:!ar.c.l? .3J. ................. .............................. .............................. .............................. ............................. I certify under penalty of perjury that the ff and correct. Executed at Carlsbad Count] State of California on day of I+rE?rCk! 1979 v 7 2LAl Cler the ylst ’I ” *’-‘ ’ . * 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 e 6 PLANNING COMMISSION RESOLUTION NO. 1525 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPRQVING A PRECI! DEVELOPElENT PLAN FOR A 1.2 MGU OXIDATION DITCH WASTEWATER TREATMENT FACILITY, INCLUDING EFFLUEZ LINE AND PERCOLATION PONDS ON PROPERTY GENERALLl LOCATED NORTHEAST OF EL CAMINO REAL, SOUTH OF HIGHWAY 78, CASE NO: PDP-2 APPLICANT: ROY WARD, LAKE CALAVERA - HILLS ASSOC WHEREAS, a verified application for certain propert generally located northeast of El Carnim Real, South sf 78, and more particularly described on Exhibit Y, dated 11, 1979, attached hereto which has been filad with the of Carlsbad and referred to the Planning Coimission; anc WHEREAS, said verified application constitutes a re provided by Title 21 of the Carlsbad Municipal Code; anc WHEREAS, the Planning Commission did on the followj April 11, 1979, April 25, 1979, May 23, 1979, June 4, 1 public hearings as prescribed by law to consider said r WHEREAS, at said public hearings, upon hearing and all testimony and arguments, if any, of all persons who 1 to be heard, said Commission considered all factors re1 to the Precise Development Plan (PDP-2), and found the facts and reasons to exist: 1. The proposed Precise Development Plan insures comi of the development with the General PI-an because: a) The General Plan Land Use Element designates utility in this area. b) Subsequent development in the area served by treatment plant will be consistent with the f Plan because all zoning in the service area consistent with the General Plan. 2. The proposed Precise Development Plan insures corn of the project with surrounding development becau 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 'I 28 0 0 a) Adequate measures are required as part of the to mitigate any adverse impacts the property m b) The location of the project in a valley will r adverse impacts to surrounding property. 3. It has been determined that the proposed Precise De Plan will not result in any significant adverse imp the environment due to the following reasons: a) The conditions of approval, include mitigation outlined in EIR-528, that mifigate potential a environmental impacts. b) Changes or alterations have been required whic the significant environmental effects as ident the project EIR. c) The project will be subject to further review approval by affected State and Federal agencie review constitutes additional environmental im assessment, and ensures the project's compatib with the contiguous natural and manmade enviro The Environmental Protection Agency has prepar study on the proposed oxidation ditch process. study found the process both reliable and high competitive with respect to other secondary an waste water treatment systems. d) 4, The proposed Precise Development Plan provides for facilities as necessitated by development and/or aF in the area: a) The proposed waste water treatment facility wi as a complimentary use to the existing Encina treatment plant by providing the City with add sewer capacity. I b) The proposed reclzmation facility will reduce amount of potable water necessary to serve the area as delineated in EIR-528 in the future. c) Said reclamation system could allow for the pr and continuation of agricultural production. d) The proposed treatment facility will be financ those utilizing the facility. e) All other public facilities will be available 1 I of development, // // .2 L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 24 26 27 28 W e WHEREAS, the Planning Commission, by the following 7 i I recommended approval of Precise Development Plan (PDP-2) I certain conditions: General 1. Development of the site shall occur substantially a: indicated in Exhibit "GI' dated April 4, 1979, attacl hereto, and as shown on Exhibits A-1, B, D and F-1 dated April 11, 1979, for the wastewater treatment ; and Exhibit A-2, and E dated April 11, 1979, for thl percolation ponds; except for modifications and neci back-up systems not affecting the plant operational efficiency that are approved by the Public Works Ad] 2. In addition to the approval of the development indi the exhibits noted above, all other requirements an tenances as listed in this approval shall be indica the final Precise Development Plan. Treatment Plant 3. The proposed treatment plant shall be constructed i phase as a 1.2 mgd capacity plant with percolation effluent lines to serve ponds, and all other necess appurtenances to operate the treatment plant. 4. A reversible force main connecting the treatment fa to the Encina line at El Camino Real shall be const as part of this project. Reclamation 5. All wells, pumps, check dams and other appurtenance necessary to reclaim water from the recharge basin Exhibit "E" shall be constructed as part of this pr Prior to any grading, construction or placing of eq plans for this facility shall be submitted and appr the Planning Commission. 6, All effluent from the treatment plant shall be recl and utilized for replacement of existing or planned water (Type I). The amount of sewer capacity alloc future developments shall be equaled by the amount reclaimed water that can be guaranteed for use by t applicant for such development. 7. All users of the treatment plant shall provide a pl guarantees a method to utilize the reclaimed water to any approval pursuant to their projects, The wz I // // .3 I 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 w e may be applied to agricultural uses, and landscaped portions of parks, schools, or private areas. Said reclaimed water shall not be applied to native veget or areas where there is no present or planned potabl uses. As a guide to determine adequate land to uti1 the reclaimed water the ratio for gallons of water c of land should be based on 1 acre of agricultural la each 3,000 gallons or 1 acre of landscaped land for 800 gallons. Depending on location, soil type and E the ratio may differ from this guide, 8. The method of guranteeing utilization and schedule c of reclaimed water shall be submitted to the Plannir Director. The Planning Director in approving the 1; be used for reclaimed water shall give preference tc near the recharge basins or served by gravity flow f the systems required per Condition No. 5, in order t conserve energy required for pumping. 9. The applicant shall be responsible for the construct necessary to reclaim water from alternative recharge located in the Agua Hedionda drainage basin if it i: determined that these recharge basins are preferable of an effluent fail safe line. Such determination s made prior to the City accepting any portion of the treatment facilities. Prior to any grading, constri or placing of equipment, plans for this facility shi approved by the Planning Commission by a Conditions: Permit. mains, wellsl pumpsl check dams, and aX other appui 10. Any appurtenances not part of this application or a] necessary for reclamation, storage, or use of the p: effluent shall be subject to Planning Commission re7 approval. At the time of review the Planning Commi! shall determine if such appurtenances will have a s. I 19 20 21 22 23 24 25 26 27 28 adverse effect on surrounding property. If it is dc that the appurtenances will have a significant adve: I effect, a Conditional Use Permit shall be required. 11. The applicant shall provide necessary easements on 1 property and pay his fair share of the costs for a t effluent fail safe system as such system is determi! to be necessary. Such determination shall be made ; City accepting any portion of the treatment facilit I Administration 12. Upon completion of construction and prior to operat the plant, the site and all structures and appurten for the treatment facilities, and recharge basins a on approved exhibits, a 30' wide access way from Ta Boulevard to the treatment facility, and any other appurtenances approved by this action shall be dedi the City of Carlsbad free of liens and encumbrances I .4 I! ~i 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 39 6 13. The applicant shall be responsible for the funds to the facilities as approved. Any reimbursement agree must be approved by the City prior to submittal of a application for project not already approved or in F of acquiring discretionary approval. Any expenditur the applicant in advance of a final agreement with t is at the risk of the applicant, The City shall adopt a method to allocate sewer per1 growth nanagement program for the area serviced by 1 facility prior to submittal of any application for 1 not already approved or in process by the City. Th. allocation system or growth program may include, bu- limited to; limitation on how many permits would be the phasing of issuance of permits, a program to de- who shall receive such allocation, and the extent o 14. service area. 15. Access easements if necessary for operzltion and mai of the percolation ponds, effluent line aQd necessa appurtenances shall be granted to the City of Carls Lake Calavera Hills Associates, if the City agrees the facility. 16. The applicant shall provide a11 necessary easements Lake Calavera Hills property to accommodate sewer s and reclamation for all other properties in the dra basin. 17. No application for sewer permits, building permits discretionary action shall be issued by the City ur construction contract for the plant has been forma; upon and a completion date tentatively established, approvals may be granted and construction commence< no dwelling units shall be granted a certificate 0: or shall be allowed to be offered for sale until si as the satellite treatment plant is operational anc by the City. 1 Construction and Operation Details 18. The applicant shall submit master CC&R'S for the L Calavera Hills development holding the City harmle any adverse effects the treatment plant may cause such hold harmless agreement shall be recorded at San Diego County Recorder's Office. 19. A condition shall be placed on all development per to use this wastewater treatment facility that pro Calavera Hills development shall contain such pro1 I the use of self-regenerating water softners. The in the CC&R'S. 20. The applicant shall submit and process a parcel mc separate lots for the treatment plant and rechargf .5 I I 1 2 3 4 5 6 'I a 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 W m 21. The Lake Calavera Hills Master Plan (MP-150(A) shall amended as required by the approval of the Zone Chan Precise Development Plan. The applicant shall secure easement rights for the C prohibiting the location of any habitable building w 100 yards from the outside edge of the service road structure and equipment, whichever is nearer to habi buildings as indicated on Exhibit A-1. Tentative Ma and PUD-4 shall be amended if necessary showing such easement prior to final map and final PUD. A design study for the facility shall be submitted k Calavera Hills Associates to the Public Works Admini or his designee and shall include the following spec studies: foundatian, seismic safety, expansive soi3 stability, and special engineering requirements, so the project will be designed with adequate safety mz 24. Grading plans for all facilities shall be approved L Public Works Administrator or his desic?ee, prior tc issuance of building permits. Suich plan shall inclt provisions to limit grading, cut and fill and excavz to the minimum areas necessary to prepare constructj pads and excavate for treatment, transport and dispc facilities. 22. 23. 25. Drainage facilities adjacent to the treatment plant percolation ponds shall be desiyned to accommodate z year flood and protect the treatment plant and percc: ponds. These facilities shall be constructed concui with grading activity. 26. Surfaces shall be graded to direct runoff toward de: drainage facilities and away from any cut and fill : Land shall not be cleared of vegetation except imrnec before grading, and grading should take place only t dry season (April 16 to October 31). All graded slopes shall be stabilized for erosion cc immediately following grading by the developer. 29. Landscape and irrigation plans shall be submitted f approval of the Planning Director, The landscaping be designed to screen the treatment facilities rech basins from surrounding properties. Plans shall in I growing tall trees as well as a combination of shru i ground cover. Plants shall be drought tolerant, fi retardant where necessary and easily maintained. T landscaping and irrigation shall be fully installed the City accepting the facilities. 1 ! I 27. 28. I 1 I retained wherever possible. 30. Natural vegetation and existing eucalyptus trees sh .6 i Il 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 29 20 21 22 23 24 25 26 27 28 e e 31. All pumps, generators and other noise producing mech shall be placed underground and/or shieldec! in such to reduce noise attributed to the facility to a maxi 55 dba at property line of all facilities. 32. The applicant shall submit an archaeological investi for the approval. of the Planning Director that indic location of any archaeological resources that could affected by the construction of the treatment facili recharge basins, effluent line and any accessory purr 6- access roads, wells, etc. The final Precise DeveloF shall include means to mitigate any potential impact in this investigation. 33. The access way from the plant to 'Tamarack shall be i with a minimum of 20' wide asphalt concrete driveway approved by the City Engineer and Fire Marshall. 34. A fire hydrant shall be placed on the site and apprc the Fire Harshall. 35. An asphalt concrete driveway shall be provided to tl percolation ponds. The location, dimension and con: of the driveway shall be to the satisfaction of the Engineer and the Planning Director. 36. The equestrian trail through the treatment plant si' on Exhibit A-1 dated April 11, 1979, shall be const: the applicant and maintained by the Lake Calavera H: Homeowners's Association. The portion of the eques- located between the treatment plant and the rechargc shall be placed within the effluent line easement, , be constructed by the applicant and maintained by t' Calavera Hills Homeowner's Association. The CC&R'S Calavera Hills shall contain this condition. 37. Final plans for treatment facilities and recharge b shall indicate appropriate lighting to provide adeq night time operations. Such lighting shall be desi a manner so that nearby residences or public street adversely affected. The lighting plan shall be sub the approval of the Planning Director. I 38. The treatment facility, recharge basins and any ott mechanical appurtenances shall be totally enclosed a minimum of 8' in height and designed for securitl subject to the requirements of the State Water Qual Control Board. I 39. The applicant shall provide a method approved by tl: Public Works Administrator for the disposal of sluc by the treatment plant. 40. All equipment proposed to be placed on any roof sh: screened from public and subject to the approval oJ Planning Director. I .7 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20*i 21 22 23 24 25 26 27 28 w e 41. After approval, the applicant shall submit a reprodi copy of the Precise Development Plan which incorpori requirements of the approval to the City Nanager fo signature. Prior to signing the final Precise Deve. Plan, the City Manager shall determine that all app: requirements have been incorporated into the plan ai conditions of approval have been satisfactorily met otherwise guaranteed. The final signed Precise Devi Plan shall be the official site layout plan for the and shall be attached to any application for a buili on the subject propertyo WHEREAS, the Planning Commission, by the following vote, recommended APPROVAL of PDP-2 , for the reasons se above. AYES : Rombotis, Marcus, Jose, Larson, Wrench, NOES : None. ABSTAIN : L'Heureux. ABSENT : None. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the for recitations are true and correct CAIiLSBAD PLANNING C ATTEST: JAMES C. HAGAWlJ, Secretary I .8 . ,.. sp 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 W 0 STATE OF CALIFORNIA ) COUNTY OF SA3 DIEGO ) ss CITY OF CARLSBAD ) I, JAMES C. HAGAMAN, Secretary to the Planning Commj of the City of Carlsbad, California, do hereby certify tl foregoing resolution was duly introduced, approved and a( by the Planning Commission of the City of Carlsbad at a 1 meeting of Said Commission held on the day of - J1 1979, by the following roll call vote: 13th AYES : NOES : None. ABSTAIN: L'Heureux. ABSENT : None. Schick, Rombotis, Larson, Marcus, Jose, I : 1- t I ., I,. * -a- -1, i. I -8- . '2% JAMES C. HAGAMAN, Secret CARLSBAD PLANNING COMNIS PDP-2 I .9 w 0 -- - COW% Ex-!.!. cm' OF Oa5MlDE .PDP-2 CALAVE 5EW-E PLANT - 4/11/79 l8 sa ~1E.G.lO 60rdA-W EXHIBIT Y - - . - - - - __ ___ __ ___._ - __-_- -- --,-.- . -,--e.. - __ - .- -~ ~ ----.I t, . Carlsbad, Ca.)2008 w L (714) 729-4912 cificLAvEzki q-2"S 8d. TO: Planning Director .< ' . ,. . .-. .. . . Gentlemen: Lake Calavera Hills Associates defines its.prouosa1 to the C Carlsbad for the. Construction of the P7aste ?later Treatment F ty as to the various parts of system as follows: lation field. (a) . 1. Headworks .. . (b) .j 2 - 600,000 gallon oxidation-ditches with at lea5 Brush type aerators, drive motors, briers, control ves. .. .. .. ._ '. .. ., I - DATE JOB TO: Planning Director' Public Works Director Page 2 4/4/79 i e-- SUBJECT: CLARIFICATION OF PROPOSAL FOR COXSTRUCTION .. .. .. . . . .. . ---<. (k)' Reversable force mah and purnps.frOa E1 Camino Xc!a up Tamarack Avenue to Plant Site 'as required by Pu Works Director. .. . . No construction should be included .in this proposal that 12~;s side of the Calavera Hills property other than that which is. .. specifically listed above.' .. .. .- . Calavera Hills wil.1 agree to pay its prorata share of any Fai Safe line to the Encina Outfall if 'said system should be recgu in the future. Should the Public Works Director desire -to add additional. $ac ties at the .treatment plant, they may also .. be included with C . -- ._ .. .vera Hj-lls I concurrence. f. .. Yq--.-.--.~- .. Roy J. General artner t . RJld:paf .. e .- w- w MEMOMNDUM DATE : June 4, 1979 TO : ' Planning Commission . FRON : Planning Department CASE NO: Supplemeatal Report PDP-2 REQUEST: PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD .OXIDATION DITCH WASTETfATER TREATMENT FACILITY , INCLUDING EFFLUENT LINE AND PERCOLATION PONDS. APPLICANT: LAKE CALAVERA HILLS ASSOCIATES HISTORY The Planning ComrnFssion heard this item on April 11, 1979, i with ZC-203, a request to rezone the site to P-U. The Plan] Commission approved ZC-203, but continued PDP-2 until April 1979. Prior to the April 25th meeting, the City Council de( to review the majGr policy issues contained in the project : and EIR of this case. The Planning Commission therefore COI the itern to May 23, 1979, with a provision that it would be further continued if the City Council-did not conclude thei: discussion by May 8. Since the City Council finished discur on May 15, the Planninq Commission continued the PDP-2 act.il June 4, 1979. ISSUES To understand the issues involved staff prepared a list of: and staff response (dated April 27, 1979). From this the C Council further defined areas they wished to discuss. From these two lists the City Council explored the many issues 1 with the sewer plant as prepared and made policy decisions the major issues. Most of these decisions have a direct he on how the Planning Coinmission will review the application establish conditions. First the City Council determined that a treatment facility in the northeast basin was' desirable, but only with water reclarnati.on. . Therefore staff has re'commended approval of t application and suggests conditions to insure water reclama - see corditions 5 through 11. These conditions will reqi.ii the applicant to construct full facilities to comtence wate reclamation upon activation of the plant. All users of t!x treatment plant shall have to guarantee a method to utilize the reclaimed water, Council also directed staff to prepare a work program for T: use of reclaimed water on agricultural land arid other princ uses for the entire city. Since the City Couiicil only dirt I .' \a .' yF* w work program and did not set up a completion time for the s staff has not recommended a condition on the Precise Develo Plan to require such study prior to development in Lake Cal. Hills. Site 3b as requested by the applicant and approved by the P Commission by previous action (ZC-203) was determined by th requested includes an effluent recharge into an aquifer in Buena Vista drainage basin. This is included in the approv the plans. The Montgomery Report also indicates an aquifer in the Agua Hedionda drainage basin that can be used as an alternative charge basin. Since there is still unresolved issues conce fail safe and storage capacity, staff suggests a condition require such alternative recharge basin :if it is later dete that such recharge is preferable to a fail safe line. See Conditions No. 9 and 11. The City Council then determ.ined that a decision on the eff fail line should be delayed until such time as the Master .P 03 satel-lite treetment plants is completed. This is to all a comprehensively planned fail safe system that would ccmbi fail safes from other satellite plants. Also further study especizlly on recharge basins and agriculture xater needs IT modify the need for fail safe. (See Condition No, 11). The approved plant is to have 1.2 mgd capacity and construc by the applicant. This will provide kapacity for growth anticipated through the year 2000 including existing develc in the drainage basin. Condition No.' 4 requires a force F.E connect to the Encina line on El Camino Real. This will PY both a method to hook up existing residences and also a rap sewage fail safe in case of plant mal function, (even thou! mal function necessitating fail safe is not anticipated). To provide for proper allocation of this capacity in line P the anticipated full capacity date and to provide for all ( public facilities at time of need, the City Council has dii staff to prepare a work plan for a growth management progr; Staff has suggested a condition that will requi-re the comp: of this growth management prcgram prior to accepting appli( for any project within thj,s service area not already appro1 or in process. See Condition No. 14.. This conditi-on allot either the adoption of a sewer allocation system or a growl management program tbt would include all public facilitie! The app1;Lcant shall fund the construction of all portions ( facilities he is responsihle for. However, the City and tl applicant shall enter into negotiations which will hopeful. require a minimum of reimbursement ar;c! .City involvement in financial aspects of the project. This agreement must be . the satkfaction of the City Council. See Condition No. 1 City Council as the proper location for the plant. The sit - .2 r' ,a lo* e The City Attorney pdinted out that if the applicant funds t constxuction he could claim that his investment in the plar gives him certain rights to impose limitations on "Council' ability to deal with discretionary approvals OR the subject development in the future. Further, any expenditure by the applicant in advance of a. final agreement for construction would be at the risk of the applicant. Finally, the City Council determined that upon completion c plant and prior to operation, it be transfered to the City, see Condition Eo. 12. RE COMMEN DAT I ON Staff recommends that the Planning Conmission forward a re( ommendation of approval of Precise Development Plan No. 2 i the City Council based on the following findings and subjec to the following conditions: 1. The proposed Precise Development Plan insures campatit of the development with the General Plan because: a) The General Plan Land Use Element designates a pi utility in this area. b) . Subsequent development in the area served by the treatment plant will be consistent with the Gene Plan because all zoning in the service area is CI with the General Plan. 2. The proposed Precise Development Plan insires compati of: the project with surrounding development because: a) Adequate measures are required as part of the ap to mitigate any adverse impacts the property may b) The location of the project in a vdley will red adverse impacts to surrounding property. . 3. It has heen determined that the proposed Precise Deve Plan will not result in any significant adverse impac the environment due to the following r, -asoris : a) The conditions of approval, include mitigation rr outlined in EIR-528, that mitigate potential adv environmental impacts. .3 a- e b) T5e project will be subject to further review and approval by affected State and Federal agencies. Sa review const+tutes additional environmental inpact assessment, and ensures the project's compatibility * with the contiguous natural and manmade environment. c) The Environmental Protection Agency has prepared a study on the proposed oxidation ditch process. study found the process both reliable and highly competive with respect ko other secondary and advanc waste water treatment systems. The 4. The proposed Precise Dcvelopnent Plan provides for public facilities as necessitated by development and/or approva: in the area: a) The proposed waste water treatment facility will sei as a complimentary use to the existing Encina sewagc treatment plant by providing the City with addition: sewer capacity. b) The proposed reclamation facility will reduce the amount of potable water necessary to serve this are; in the future. c) Said reclamation system could- allow for the preserv< and continuation of agricultural production. The proposed treatment facility will be financed by those utilizing the facility. d) e) All other public facilities will be available at ti of development. COfJDITI ONS General 1. Development of the site shall occur substantially as inc in Exhibit "G" dated 4/4/79 and as shown on Exhibit A, d 4/3/79, and A-1, B, D and F-1 dated April 11, 1979, for wastewater treatment plant and Exhibit A-2, and E dated 11, 1979, for the percolation ponds; except for nodific? affecting plant operational efficiency that are approve( the Public Works Administrator. 2. In addition to the approval of the development indicate( the exhibits noted above , all other requirements and ap tenaiices as listed in this approval shall be indicated ( final Precise DeveIopment Plan. Treatment Plant 3. The proposed treatment plant shall be constructed in on phase as ri 1.2 mgd capacity plant with percolation pond effluent iincs to servc ponds, and all other necessary appurtenances to operare tlic treatmerit plant. e a 4. A force main connecting the treatment facilities to the Encina line at El Camino Real shall be constructed as pa of this project. Reclamation 5. All wells, pumps and other appurtenances necessary to reclaim water from the recharge basins shall be construc as part of. this project. All effluent from the treatment. plqnt shall be reclaimed utilized for replacement of existing or planned potable water (Type I). The amount of sewer capacity allocated future developments shall be equaled by the amount of re water that can be guaranteed for use by the applicant fc such development. 6. 7. All users of the treatment plant shall provide a guarant method to utilize the reclaimed water prior to any apprc pursuant to their projects. The water may be applied tc agricultural uses, and landscaped portions of parks, sct or private areas. The land guaranteed by utilizing the reclaimed water shall be in a ratio of not less than 1 E of agricultural land for each 3,000 gallons of reclaimec water from the treatment plant or 1 acre of landscaped E for each 830 gallons. Said reclaimed water shall not be applied to native vegetation or areas where there is no present or planned potable water uses. 8. The method of guranteeing utilization and schedul-e'of il: . of reclaimed water shall be submitted to the Planning Dj The I?l.ar,ning Director in approving the land to be used j: reclaimed water shall give preference to lands near the percolation peds or served by gravity flow from the sysl required per Condition No. 5, in order to conserve ener? required for pumping. 9. The applicant shall be responsible for the construction mains, wells, pumps, check dams, and all other appurten; necessary to reclaim water fron alternative percolation located in the Aqua Hedionda drainage basin if it is determined that these ponds are preferable in lieu of ar effluent fail safe line. Such determination shall he m; prior to the City accepting any portion of the treatmeni facilities. 10. Any appurtenances not part of this application necessar! reclamation, storage, or use of the plant eEfluent shal. subject to a Conditional Use Permit. 11. The applicant shall provide necessary easements on his I and pay his fair share of the costs for a disposable ef fail safe line if such line is deternixed necessary. Si determination shall be made prior to the City acceptjng portion of the treatnent facilities. -5 I a e Administration c__ 12. Upon completion of construction and prior to operation of the plant, the site and all structures and appurtenances for the treatment facilities, and percolatponds as shown on approved exhibits, a 30' access way from Tamarack Boulevard to the treatment facility, and any 0th appurtenances approved by this action shall be dediczted the City of Carlsbad free of liens and encumbrances. 13. The applic-ant shall be responsible for the funds to const the facilities as approved. Any financial agreements shal be to the satisfaction of the.City,prior to submittal of application for project not already approved or in proce: the City. Any expenditures by the applicant in advance c a final agreement with the City is at the risk of the app 1 icant . 14. The City shall adopt a method to allocate sewer permits ( growth management program for the area serviced by this facility prior to submittal of any application for proje not already approved or in process by the City. allocation system or growth program may include, but not limited to; limitation on how many permits ~7ould be issu who shall receive such allocation, and the extent of the service area. This the phasing of issuance of permits, a program to determi 15. Access easements if necessary for operation and maintena of the percolation ponds, effluent line and necessary appurtenances shall be granted to the City of Carlsbad k Lake Calavera Hills Associates. 16. The applicant shall provide all necessary easements ovei Lake Calavera Hills property to accommodate sewer servic and reclamation for all other properties in the drainagc basin. 17. No application for sewer permits, building permits on ar discretionary action shall be issued by the City until E construction contract for the plant has been formally ac upon and a completion $-ate tentatively established, the no dwelling units would be cleared for sale or would be allowed to be offered for sale until such time as the s treatment plan is operational and accepted by the City. approvals may be granted and construction commenced, hoi Construction and Operation Details 18. The applicant shall submit master CCStR'S for the Lake Calavcra Hills development holding the City harmless fo any adverse effects the treatment plant may cause and such hold harmless agreement shall be recorded at the San Diego County Recorder's Office. . 19. The applicant shall submit and process a parcel map creating separate lots for the treatment plant and percolation pond sites. ~ 20. The La1:e Calavcra rlills blaster Plan (MP-150(~) shall bc *wtfiqdn{? 2s ~*OVI': yp$ ljv t1-r. JD~I-OV~~ of +-IT@ %one ~\~al~~p * e I' 21, The applicant shall secure easement rights for the City prohibiting the location of any habitable building withir 100 yards from the outside edge of the service road of the treatment plant as indicated on Exhibit. A-1. Tentat: Map 76-12 and PUD-4 shall be amended if necessary showins such easement prior to final map and final PUD. 22. A design study for the facility to be submitted by Lake Calavera Hills Associates to the Public Works Administral or his designee and shall include the following special studies: foundation, seismic safety, expansive soil, so: stability, and special engineering requirements, so that the project will be designed with adequate safety margin 23. Grading plans for all facilities shall be approved by th Public Vtorks Administrator or his designee, prior to issuance sf building permits. Such plan shall include provisions to limit grading, cut and fill and excavation pads and excavate for treatment, transport and disposal facilities. to the miqimum areas necessary to prepare construction 24. Drainage facilities adjacent tc the treatment plant arid percolation ponds shall be designed to accommodate a 100 year flood and protect the treatment plant and percolati ponds. These facilities shall be constructed concurrent with grading activity. 25. Surfaces shall be graded to direct runoff toward design€ drainsge facilities and away from any cut and fill slopc 26. Land shall not be cleared of vegetation except immediatc before grading, and grading should take place only durir dry season (April 16 to Ocotber 31). 27. All graded slopes shall be stabilized for erosion contrc immediately following grading by the developer. 28, Landscape and irrigation plans shall be submitted for tl approval of the Planning Director. The landscaping sha be desiped to screen the treatment facilities and percc . ponds from surrounding- properties. Plans shall include growing tall trees as well as a combination of shrubs ai ground cover, Plants shall be drought tolerant, fire retardent where necessary and easily maintained. The a landscaping and irrigation shall be fully installed pri the City acceptipg the facilities. 29. Natural vegetation and existing eucalyptus trees shall retained wherever possible. All pumps, generators and other noise producing- mechani shall be placed underground and/or shielded in such a m to reduce noise to a maximum of 55 dba at property line all. facilitjes. 30. .7 0 @ 31, The applicant shall submit an archaeological investiqatif for the approval of the Planning Director that indicates location of any archaeological resources that could be affected by the construction of the treatment facility, percolation ponds, effluent line and any accessory pumps access roads, wells, etc. The final Precise Development shall include means to mitigate any potential impacts no in this investigation. 32. The access way from the plant to Tamarack shall be impro with a minimum of 20' wide asphalt concrete driveway and approved by the City Engineer and Fire Marshall. A fire hydrant shall be placed on the site and approved the Fire Yarshall. 33. 34. An asphalt- concrete driveway shall be provided to the percolation ponds. The location, dimension and construc of the driveway shall be to the satisfaction of the City Engineer. 35. The equestrian trail through the treatment plant site as on Exhibit 19-1 dated April 11, 1979, shall be constructe the applicant and naintained by the Lake Calavera Hills Homeowners's Association. The portion of the equestrian located between the treatment plant and the percolation shall be placed within the effluent line easement, and s be constructed by the applicant and maintained by the La Calavera Hills Homeowner's Assxiation. The CC&R'S for Calavera Hills shall contain this condition. 36. Final plans for treatment facilities and percolation pori shall indicate lighting to provide adequate night time operations, Such lighting shall be designed in a manner that nearby residences or public streets ar2 not adverse affected. The lighting plan shall be subject to the apF of the Planning Director. 37. The treatment facility, percolation ponds and any other mechanical appurtenances shall be totally enclosed by a a minimuni of 6' in height and designed for security pur€ Control Board. . subject to the requirements of the State Water Quality 38. The applicant shall provide a method approved by the Public Works Administrator for the disposal of sludge CL by the treatment plant. 39, All. equipment. proposed to be placed on any roof shall. be screened Erom public and subject to the approval of the Planning Director. .8 0 0 40. After approval, the applicant shall submit a reproducibl copy of the Precise Development Plan which incorporates requirements of the approval to the City Manager for signature. Prior to signing the final F’recise Developme Plan, the Cj-ty Manager shall determine that all applicak requirements have been incorporated into the plan and tk conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Developrr Plan shall be the official site layout plan for the pror and shall be attached to any application for a building on the subject property. Attachments Memo from Jalnes Hagaman regarding City Council Policies datec City Council IJinutes BM/ar 6/1/79 .9 0- * MEMORANDUM DATE : May 30, 1979 REVISED : June 1, l9,79 TO : Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director AGH RE : CITY COUNCIL POLICIES ON CALAVERA HILLS WASTEWATE TREATMENT PLANT The Carlsbad City Council has approved the following new Cit: policies in their consideration of the Calavera Hills treatm plant. I have listed the policies in two groups, the first 1 those policies applying to the City generally and the second being those policies related directly to the proposed Calave~ ~i-11~ waskewater treatment plant e A) City Wide Policies: 1. It is the City Council policy and determination th. satellite treatment facility is acceptable in the east drainage basin of the City. The City Council has determined that no wastewater facility will be considered by this Council unlesr is also designed to be used for water reclamation. The City Council has determined that it is necessz develop a city wide reclamation policy including 4 principle uses of reclaimed water and has requestc staff to develop a work program for a reclamation - 2. 3. 4- City Council has requested city staff to prepare program for agricultural- land preservation for kh City Council request& staff to prepare a work pr providing for mitigation of growth inducing aspec considered in the Montgomery report as follows: a) Public facilities element and capital improve program - Mandated General Plan review every three year 5, . b) c) Urban land reserve program. d) Growth rnonitorincj program. e) f) Specific Plan for special treaCacnt areas, Work plan which includes a City growkh manag progrcan - idemorandurn - ~a dB Bussey e Mhy 30, 1972 /Revised June 1, 1979 Page 2 B) Determinations directly related to Calavera Hills : 1. City Council indicated a preference €or the alterna site 3-B identified in the Montgomery Report. 2, City Council indicated desire to review pump static sites along with the treatment facilities for envix mental considerations. 3, City Council accepted the percolation beds contain€ the Montgomery Report and indicated their desire tc and analyze potential recharge areas near Rancho Ca Mobile Home Park. 4. City Council determined that additional failsafe li beyond the normal back-up systems to be built into plant not be included for raw sewage and further de mined it would delay a decision on an effluent fzil system until an overall Master Plan of satellite tr plants has been adopted by the Council, City Council determined that a 1-2 mgd plant will h initially at the Lalie Calavera Hills site. 5. 6, City Council determined that the financing for the will be provided by the developcr and that the deve and staff shall enter into negotiations which will, hope€'ully, require a minimum of reimbursement and C Wher. staff and developer coinplete their negotiatj-on! shall return to the City Council for their approval 7. City Council determined that the City will maintain involvement in the financial aspects of the project operate the plant after completion, JCH: jd 6/ I/ 7.9 LnnL-dv? y/ C I TY C 0 Uti C I L A DD I7 I 0 tl AL 8 US I Ff E SS : _Pal mar Airport Ci ti zens ' Advi sor)xorimi ttee. -- tlayor Packard indicated he had received a letter from Supervisor Paul Eckert request] ng nomina- tions of Carlsbsd citizens to serve on his comfii ttee t9 respond to complaints resul ti ng fro noise, and other problens at Pa*lonar Airport. .--ye Manager's f4cnorandum Re Satellite Sellage Treat- . Council unanimously consented to bring up the Memorandum from the City Ranager rioting that many policy questions and decisions needed to be discussed by Council before the Planning Coriimission could go ahead with decisions at that A notion was made to request the Planning Commission to postpone any further action with regard to the application for approval of a specific plan for Lake Calavera Hills until afte Council had reviewed and established certain Council recognized ED %AY!!ORTil, 1207 Elm Avenue, Carlsbad., California, who spoke io Co_uncii on behalf of lske Calavera Hills Associates. Vr. Haybforth supported Courici 1 consideration of policy .issues, but reqtlested that the process of approval 0; the application be continued. [92? Councilnian Skotnicki reported on his attendance atsthe recent Disaster Council lleeting and noted their disrussion of reorqaniza tiorr of county staff to hanaie an energcncy and indicated that chnnges would bP reflected in the Joint Powers Agteemcnt which governs this. Counci llrlan Skotnicki re4;orted on the recent CPU r;ir:ctiny tnd noted that item regardinq the reorgani7ation OF the transit districts in tile County in accordancr with Senator Gapiioff's b11 and tAssrrnblyiian I'ra7ee's bill -- decisions on which will be taken at tlie next meeting. Councilman Lewis reported on the recent Parks & I(ccrc3tion Coinmission. He indicated an item of concern was the study on the ltosp Grove t. .. I. matter by reason of his profession as an engineering consultant. Hr. Schipke spoke in favor of a plan for waste water treatment facilities - feeling that the riztter required (I) a detemination of nmzrow .pol-ic.y issues; and .. .. at this tine. A motion vas &de to continue the matter to . the kdjousned Regulzr Xeeting, to be held May 8, 1973 at 7:OO P.!?. Counc:ilnzn Skotnick and Nayor Packard agreed to meet in advance to fonxulate procedures to foil-ow in dis- ------. . cussions at that time. I4ayor Packard ann&nced his intention to reappoint i'.obcrt 13. :!clson, cu:frcntly serving a term on tlie Car3sba.d Traffic Safctry Mayor Pncknrd announced his intention to appoint John Lusipnn as the rcplaccment for the uncxpired posi.tion created by rhe f The Public ::arks Adrninistrztor stated :the . I Carlsbad, applicant. .Hr. Ward introdur:ed Nr. Gennis 0'l.eary to speak to the matter on his behalf. submission by the City. In this regard, he . stated the staff had expressed wi 1 lingricss to ' retormnd Jpproval.. I e-- - WNC! LM EN 4 I, . ci1 r OF CARLSBAL .e’ .. I\ t ?layor Packard s’tated Council had agreed as to the Site %I by people living in .nearby developments. In addition, he stated there is always pumping Cour;cil recognized Rr. Roy Elard. Nr. Ward stated there are approxinztely 4,lCo acres in the basin and that approximately 5/6ths of the development in that basin vi11 be in 1/6th of the area, which -is Calavera. In addition, he stated that approxinately 80 percent (80%) of Calavera is to be gravity fed with the remainder requiring Drive, Carlsbad. He stated that the people in nearby areas are concerned and that they prefer not to have.a sewage treatment p,lant quite SO close. He concl uded by requesting the opportunit In response to Council questions, Mr. Ward stated . Calavcr?. Hills ~ould be able to reuse all the . reclaimed water produced by the plant for a period of 19 years, tlr. Hard, continued stating CQUN Cl L N, EN .# s .Councilman Skotnicki expressed the desire that Council consider adoption of a policy vrhich Used for the preservation Of agricultural lands. He cantinued stating the Overview Report prepared by Lottrey & Aseociates had stressed tile desir- ability of utilizing reclaimed #\rater to preserve agricci turaf lands. ' He concluded by requesting ' that action be taken immediately in an effort to would establish that rccla~n~ed water would be Council discussed the desirability of establishin a.City-wide policy .for the use of reclaimed water possible uses for same. . in the. near future, and discussed the various The Cjty f4anager suggested that if Council desir reclaimed ~ater on agricultural land. . agricultural land, and said report to include th other principle uses of reclaimed water within ' the City of Carlsbad, . WUNLlLMClY C17(. OF CAHLSBAi(, -4- Councilman Skotnicki indicated he felt it would basin as it relates. to recharge fGc111ties. Further Council di'scussion indicated the basics of the matter rrere settled upon select'ion of'a desirable site for the plant. R5 - Is a fail safe systen nceded for raw sewaqe and for treated effluent? be desirable to investigate the Agua Hedionda - Dr, Grant indics.tcd the fail safe line vould act as an insurance factor to deal vith effluent in . times of."wet" seasons. Council agreed that the eddiiional fail sare line, beyond :he nornal back-up systems to be built into the pla.rit, not be included.for raw Staff then informed Council.that the RcgioQal Board ha4 indicated that an effluent fail safe line would be a requirement. Couiicil discussed whether a fail safe line for effluent should be built initially, or at a later date. Also discussed \:as the efiect on the lagoon should effluent overfloi!, and costs of the line if btiilt at a later date. Hr. \lard stated he agreed to pay his fair share for any effluent fail safe lice that may be required in the future. . . CITY COiJi.1CIi IlDlIllIOI!PL CUSITlk~: -_ Counci lnian Anear requested coqsideration of lighting the thlrd field at the Little League . Field, knctrn as Chase Field. a dinner dt La Costa. ..*. , . ....,..... _... ,,..... -7. . .I '. '"''8 ..-- . .. . , ... . . *, . CCWNCILPALN 0 'I e-? ' \ a. . ._ 1. c_- #6 - ,VJ~I. ~j.l~~~~~~-~-~--~~~l~d~ ::haul (1 he used to' constrLicc l'll(J pl,?llc'! ______._._ -_ . Ron Bcclaiian, Lhc Public IJorlcs Dircccor ; out- I.inrtl flit proposnl iiicltlc by thc npp1.j cant as con~aiucd j.11 tlic l.lny 14 , 1979 Kcinoi-nnrIu:n t:o LUUN c11- M El .. .I :I % .. .. Council acccpt:ed the recommendatLon of the .* rn .. '0 . COUNCILMEN' de.. . I , '.. .. ' . . C1.i f OF' CARLSBAD ' - L. xxxx. to conCncl: him if Lhcy dcsi.rcd. I . - *,, o\ 0-l / STAFF REPORT PC DATE: April 25, 1979 REVISED : April 16, 1979 (This revision includes modifications to the report and conditions as suggested by staff, the applicant and the Planning Commission at their hearing of 4/11/79). TO : Planning Commission FROM : Planning Department CASE NO: ZC-203; PDP-2 APPLICANT : Lake Calavera Hills Associates REQUEST : Zone Change from P-C (Planned Community) tc P-U (Public Utility); and a Precise Develo] Plan for a 1.2 mgd oxidation ditch wastewa. treatment facility, including effluent linc and percolation ponds, (see attached lette. Lake Calavera Hills dated 4/4/79). NOTE: Only the treatment facility site, ai not the effluent line or percolation ponds will be subject to the Zone Change; but al. will be subject to the Precise Development 4 BACKGROUND LOCATION AND DESCRIPTION OF PROPERTY The proposed project is located northwest of El Camino Rea of Highway 78, (within the Lake Calavera Hills Master Plan near the western boundary). The treatment facility is pro] a 4.55 acre site connected by an approximately 3200 feet u; effluent line easement to a 4.41 acre percolation site. A this area is designated as open space on the Lake Calavera Master Plan, (MP-150 (A) ) . The proposed facilities (sewage plant and percolation pond proposed in separate, relatively narrow, drainage channels approximate elevations of 160 feet and 100 feet respective areas are currently vacant, and contain native vegetation. two sites are separated by higher ground which necessitate from the treatment plant to the percolation ponds. EXISTING ZONING: Subject Property: P-C North: P-C; R-1-10 South: A-1- (8) County East: P-C West: P-C; R-1-10: R-1; A-1 6 0; * /) Page 2 EXISTING LAND USE: Subject Property: Vacant North: Vacant South: Vacant and agricult home park approxima from the proposed t site. East:, Vacant and agricult West: Agriculture, with r .idential developmer approximately 2500' proposed treatment GENERAL PLAN INFOKMATION The General Plan Land Use Element designates the subject 2 a Public Utility (U) use. The treatment Plant site is wit kilometer of the (U) designation, which is consistent witt "floating" U concept of the General Plan. ENVIRONMENTAL IMPACT INFORMATION A final Environmental Impact Report (EIR-528, Montgomery F has beeen certified by the City Council on April 3, 1979. EIR recommends (Page 2-11 a 1.2 mgd facility built at the site as the most desirable alternative in terns of enviror impacts, monetary costs, institutional and financial consi Also, EIR-403, was certified on September 19, 1978 for the Calavera Hills General Plan Amendment to accommodate a Mas Planned Community and a floating "public utility" designat allowing a satellite sewage treatment facility. PUBLIC FACILITIES The, satellite treatment facility is being proposed as an i alternative to the Encina wastewater treatment facility. The 1.2 mgd treatment plant will serve approximately 4,74( (based on waste water volume of 253 gpd/unit). This woulc to a population of approximately 12,300, which is slight11 than the population estimated for this area in the year 2( (12,200, see EIR-528, Page 7-7), but much greater than thc Series IV projection of 7000 in the year 1995. Secondary, growth-related impacts on other public facilit: be addressed on a project by project basis. HISTORY The original Lake Calavera Hills Master Plan (MP-150) was by the City Council on May 7, 1974. On March 30, 1977, a1 Master Plan for the Lake Calavera Hills area was submittec I @\ \ * :i Page 3 City (MP-lSO(A)). That plan was revised to include a requer a 0.5 mgd waste water reclamation facility. The proposed t facility was intended to service the Lake Calavera Hills P1 Community, and was based on Alternative No. 9 of the Lowry Associates Feasibility Study (April 1977). That proposal w rejected by Council since it did not include service to are addition to Lake Calavera Hills. The present request does sufficient capacity to serve the.majoz portion of the Agua . drainage basin. In-September 1977, the city Council authorized an addition: performed by Lowry and Associates known as "Overview Of Wa: Reclamation for the City of Carlsbad". Phase I1 of the re1 included a specific proposal by- Lake Calavera Hills Associz a 0.5 mgd plant, to be located on their property. City Council recognized this report and authorized the Cit] to perform an independent study which considered the envirc impacts of a satellite facility in the study area. This el mental impact report and facility plan (known as the Montg Report) has been prepared for the proposed project and cer by the City Council on April 3, 1979. On December 28, 1978, the City Council approved MP-150 (A). Master Plan notes the applicant's previous satellite waste treatment proposal, and requires a zone change from P-C to . the event a specific proposal is made. ,RELATED CASES MP150(A): Lake Calavera Hills Associates, Ordinance No. 5 The Master Plan for the 808 acre Lake Calavera Hills Planr Community was approved by the City Council on December 12, The Master Plan recognizes the potential for a satellite f and requires a zone change from P-C tc P-U, a dual water 5 (if the City Manager determines that such system are accq all responsible public agencies), and possible conditions the Master Plan (e.g., odor easements, CC&R amendments, hi harmless agreement for plant operation, etc). CT 76-12;PUD-4: Robert Ladwig (Agent), Resolution No. 51 The City Council approved a Tentative Map and a Planned U Development for a 142 lot subdivision within the Lake Cal planned area on August 4, 1977. The Tentative Map and Planned Unit Development Were appK conditions that the final map will not be approved or any permits issued until it is determined that sewer service GPA-51(B); GPA-53: Lake Calavera Hills Associates, Res01 5550. City Council approvend both General Plan Amendments October 3, 1978. a 0 -:I , d ..* Page 4 GPA-Sl(B): Amends the land use plan by placing a public c designation within the Lake Calavera Hills area, allowing siting of a satellite sewage treatment facility-. The "U" is designed to "float" within one kilometer of a fixed poi order to provide flexibility in siting of a facility. GPA-53: Revises the text of the public utility descriptic land use element to provide for the siting of both existir future facilities. This revision states that the locatior satellite wastewater treatment facility could be located CI one kilometer radius of the public utility designation. ZCA-97: Ordinance No. 9507, adopted by City Council on SE 5, 1978. This ordinance amended Title 21, Chapter 21.32, 21.36.020 to clear ambiguities-and allow waste water treat disposal, on reclamation facilities in the P-U Zone. EIR-S28/Montgomery Report: a larger report that also included a feasibility study anc report for a satellite sewage treatment facility. The Cit reviewed this report (including EIR) on April 3, 1979, but that the policy issues raised by the report would best be at time that the subject applications (PDP-2 and ZC-203) FA reviewed. The Planning Director and Public Works Administ information. As noted earlier, EIR-528 was prepared a report to the City Manager, which is attached f . MAJOR PLANNING CONSIDERATIONS 1. Should the City permit satellite treatment plants to E specific areas or should all treatment be processed a1 centralized plant (Encina) ? 2. Are the benefits derived from a satellite treatment p: to or greater than one centralized plant (Encina)? 3. Should a water reclamation system be developed as pari project? If so how will its continued use be guarantt 4. Is the site selected for this application appropriate preferable to other possible sites? 5, What impacts will the construction and operation of tl have on the area, and have they been sufficiently mit: 6. What are the potential growth inducing impacts caused project and will the project set a precedent for simi: proposals? What would these precedents mean to the p: process and a public facilities management prcgram? be phased? 7. Should the plant be built as a complete unit or shoulc e 0 .) I. Page 5 . Note: There are other major considerations that have been determined to be more appropriate for City Council consideration such as, how the plant is to be finan( who shall be responsible for its operation, are exi areas to be connected and if so how will costs be handled, should areas outside the City be connected DISCUSSION This agenda item contains two separate applications requir two individual actions by the Planning Commission. The Commission should consider the Zone Change first, and shou recommend approval of the Precise Development Plan unless first recommending approval of the Zone Change, The applicant has requested a Zone Clzang; from P-C to P-U order to permit the construction of the proposed sewage tr disposal line are not part of this zone change application These areas will remain as open space on the master plan. The applicant has also proposed to build a 1.2 mgd waste w treatment plant. The percolation po:nds will contain check to stop underground water movement and flood control devic re-route storm waters. As proposed, these percolation pon can accommodate 769,700 gpd effluent without the need for 'reclamation, according to the Regional Control Board. Additional effluent into these ponds will require a pump c The applicant has requested financial arrangements be made for reimbursement of costs. The application does not include wells, pumpsp or other appurtenances necessary to reclaim water. If water reclan is desirable it would be the responsibility of the City ox *future users of the treatment plant to provide the means t reclaim and use the water. Also, the application does not include a fail safe system shunt effluent that cannot be accommodated by the percolal ponds. The EIR indicates that a fail safe should be cons1 when the plant capacity reaches 0.5 mgd. In response to I draft EIR the State Department of Health Services states 1 a fail safe be part of the initial construction. If a fa. safe line is required, either now or at a future date, an additional environmental impact assessment would be neces: The applicant is proposing a reversible force main and pul from El Camino Real in order to connect the proposed trea plant with existing sewer lines to E:n'cina. This force ma plant, The property for the percolation ponds and effluen 8 II) _' .I ". . Page 6 primarily to allow the hookup of existing units to the pro plant, but it can also be used as a fail safe system in th event of a plant malfunction, (raw sewage). However, the * capacity is limited by the size of the lines in El Camino Real and the amount of effluent already being transported. At this point, the attached memorandum from the Planning Director and Public Works Administrator to the City Manage should be discussed. Specifically, this memorandum discus facility, which should be addressed by the Planning Commis prior to any action on the Zone Change or Precise Developr Plan. They are: three major policy issues, related to the proposed satelli A) Water Reclamation B). Growth Management C) Administration (financial aspects and operation of satellite facility). These issues have not been resolved at this date. Growth management and water reclamation will be addressed in the recommendation, however administratidn issues will require City Council review and policy. In order to develop the staff recommendation and conditior it was necessary for staff to make several assumptions. q assumptions are: 1) The site recommended by the EIR is appropriate. 2) That water reclamation is desirable for the City, a system utilizing this water can be developed. 3) Growth management is desirable and should be implemented by this allocation of sewer permits. SP 4) Financial and construction responsibilities will determined at a later date by the City Council pr to final approval of the plans. Since the recommendation and conditions have been develope according to these assumptions, any decision contrary to 1 assumptions may necessitate a change in the conditions, a1 possibly in the recommendation as presented by staff. In to develop these conditions, staff reviewd the EIR'S for 1 the treatment plant (EIR-528) and General Plan Amendment (EIR-4031, and also the Lake Calavera Hills Master Plan (MP-150 (A) ) J e e "' . Page 7 a Water Reclamation Staff is suffesting that the applicant construct all facilities to completely operate the plant and percolation ponds for the 1.2 mgd capacity. Furthermore, the utilizat: of the plant is based on the ability to utilize reclaimed water. This requirement must be guaranteed by applicants : sewer capacity prior to any approvals for their projects. water for agricultural use. necessary to reclaim water at time of construction of the treatment plant. It is also recommended that users of the treatment facility shall guarantee the utilization of the reclaimed water and construct the systems to transport and use the water. Specifically the EIR states that implement: of their recommended alternative requires. that the City de: 400 acres of agricultural land for agricultural use. Howel staff suggests this as an alternative condition since thert are other acceptable means of using the water. Agriculturc irrigation is just one form of Type I reclamation, acceptable is the use of water to irrigate public parks anc school grounds and other open space areas that normally wo use potable water. landscaping designed specifically to use reclaimed water ai would not exist if only potable water were available (Type .Growth Management It is probable that the City will need some control on the of future development to qualify for Federal and State gra Therefore staff recommends that a growth managenent progra be adopted prior to operation of the plant that will allow City to allocate the number of sewer permits issued and wh shall receive them. Administrative Issues Although administrative issues such as financial arrangeme size of service area, etc., are important to the City and applicant, these issues are not planning matters and must referred to the City Council. Therefore staff recommended conditions which only indicate that such issues shall be resolved prior to submittal of plan design. Fail Safe Line There are two fail lines that could be part of the project One would shunt raw sewage to Encina in case of a plant ma function. This line is not thought critical because of th . EIR-528 indicates that it is desirable to utilize reclaimel Staff is recommending that thc applicant construct all necessary wells, pumps and appurter Also Not acceptable is the use of water on 1 \ 0 e .I Page 8 backup systems planned for the plant and the fact that the aerobic processing is self-regenerating if it does die. TI other'fail safe is to shunt treated water to ocean outfall the percolation peds become saturated. happen in low demand periods, the effluent fail safe line is considered necessary. Since this could The EIR indicates that it will'be necessary when the plant reaches the 0.5 mgd capacity. As a response to the draft. the State Department of Health Services has requested that fail safe be part of the initial construction. Since the later suggestion is from a State agency and construction a financial arrangements will be more simple, staff is rec- ommending that the fail safe line be part of the initial construction. This single fail safe line will extend from treatment plant to the intake of the Encina treatment plan and will serve as a fail safe for both plant mal-function excess effluent. Other Conditions of Approval Staff has also suggested many other conditions to provide development and operation of the plant to reduce adverse i as noted in the EIR and Lake Calaverd Hills Master Plan. Specifically, staff suggests that all machinery be placed ground and/or screened where practical, in order to minimi noise impacts. Also, staff recommends that the applicant a 100 yard odor easement completely around the plant that prohib.it residential development within this area. The ea would include land on Lake Calavera Hills site as well as adjacent property to the south. And finally, staff sugges conditions that will require minimal grading with sufficie erosion control and landscaping plans that will require fc growing trees and shrubs for screening of the treatment facilities and ponds from public view. Staff suggested several changes to the original staff conc at the 4/11/79 Planning Commission hearing. However, durj the subsequent discussion other issues were addressed. Bz on these discussions staff_ has redrafted the recommended conditions. Some of these new conditions drastically char the operations and the involvement of the applicant and tl City. However, staff now believes that based on your des: and the EIR, these conditions are necessary. Many of the: conditions reflect basic policy decisions that the City Cc will be responsible for. Staff recommends these conditio1 knowing the City Council may wish modifications upon polic and administrative decisions. b \' e e /I Page 9 STAFF RECOMMENDATIO~I Two separate motions and actions are required. One for the Change and one for the Precise Development Plan. A. Staff recommends that the Planning Commission forward E recommendation of approval'of Zone Change 203, changinc zone from P-C to P-U, to the City Council based on the findings : 1. The proposed Zone Change is consistent with the Gel Plan because: a) The General Plan Land Use Element designates tl area for a public utility use. b) The Public Utility Zone implements the uses pel in the utility designation of the General Plan c) The Zone Change will have no adverse impacts 01 other element of the General Plan. 2. It has been determined that the Z-one Change will not result in any significant adverse impacts to the el because: a) EIR-528 has been certified by the City that in( measures to mitigate significant environmental b) The Public Utility Zone requires the approval 4 Precise Development Plan which will incorporati necessary mitigating measures as noted in EIR- 3. The proposed Zone Change is consistent with applic City Public Facility Policies and Ordinances becau a) The Public Utility Zone permits the expansion construction of public facilities. b) The eventual dkelopment of the site will be a water treatment and water reclamation facility c) All other public facilities will be available time of development. B. Staff recommends that the Planning Commission forward omendation of approval of Precise Development Plan No the City Council based on the following findings and s to the following conditions: *' 0 I 0 Page 10 , 1. The proposed Precise Development Plan insures compz of the development with the General Plan because: a) The General Plan Land Use Element designates a utility in this area. Subsequent development in the area served by tl treatment plant will.be consistent with the Gel Plan because all zoning ik the service area is with the General Plan. b) o 2. The proposed Precise Development Plan insures comp, of the project with surrounding development becausi a) Adequate measures are required as part of the to mitigate any adverse impacts the property m b) The Pocatibn of the project in a valley will r adverse impacts to surrounding property. It has been determined that the proposed Precise D Plan will not result in any significant adverse im the environment due to the following reasons: a) The conditiohs of approval, include mitigation outlined in EIR-528, that mitigate potential a environmental impacts. The project. will be subject to further review approval by affected State and Federal agencie review constitutes additional environmental in assessment, and ensures the project's compatik 3, .b) with the contiguous natural and manmade envirc c) The Environmental Protection Agency has prepar study on the proposed oxidation ditch process. study found the process both reliable and higk competive with respect to other secondary and waste water treatment systems. The proposed Precise Development Plan provides foi facilities as necessitated by development and/or i in the area: a) 4. The proposed waste water treatment facility w as a complimentary use to the existing Encina treatment plant by providing the City with ad1 sewer czpacity. 4 . 0 e I Y fL Page 11 b) The proposed reclamation facility'will reduce 1 amount of potable water necessary to serve thi; in the future. Said reclamation system could allow for the prt and continuation of agricultural production. The proposed treatment facility will be financi those utilizing the facility. All other public facilities will be available time of development. v c) d) e) CONDITIONS" - General 1, Development of the site shall occur substantially as i: in Exhibit "G" dated 4/4/79 and as shown on Exhibit A, 4/21/79, and A-1, B, D and F-1 dated April il, 1979, fo wastewater treatment plant and Exhibit A-2, and E date1 11, 1979, for the percolation ponds: except for modifi that may be contained herein and'minor modifications n affecting plant operational efficiency that are approv the Public Works Administrator. In addition to the approval of the development indicat the exhibits noted above, all other requirements and a final Precise Development Plan. 2. teriances as listed in this approval shall be indiceted Treatment Plant 3. The proposed treatment plant shall be constructed in one phase as a 1.2 mgd capacity plant with percolat ponds, effluent lines to serve ponds, and all other ne appurtenances to operate the treatment plant, A force main connecting the treatment facilities to th Encina line at El Camino Real shall be constructed as of this project. . 4. ' Reclamation 5. All wells, pumps and other necessary appurtenances nec to reclaim water from the percolation ponds shall be constructed as part of this project. 6. All effluent from the treatment plant shall be reclain utilized for replacement of existing or planned potab: water (Type I). The amount of sewer capacity given tc developments will be related dire.ctly to the utilizat: reclaimed water. I* a e . Page 12 7. A11 users of the treatment plant shall provide a guara method to utilize the reclaimed water prior to any apz pursuant to their projects. agricultural uses, and landscaped portions of parks, E or private areas. The land guaranteed by utilizing tl reclaimed water shall be in a ratio of not less than 1 of agricultural land for each 3,000 gallons of reclain water from the treatment plant or 1 acre of landscapec for each 800 gallons. Said reclaimed water shall not applied to native vegetation or areas where there is I priesent or planned potable water uses. The method of guaranteeing uttlization and schedule of of reclaimed water shall be submitted to the Planning I The Planning Director in approving the land to be used reclaimed water shall give preference to lands near thb percolation beds or served by gravity flow in order to energy required for pumping. Any appurtenances not part of this application necess reclamation, storage, or use of-the plant effluent sh, subject to a Conditional Use Permit. The water may be applied c 8. 9. 10. A fail safe line from the treatment plant capable of shunting 1.2 mgd of either raw sewage or disposable e shia11 be constructed to the Encina treatment plant as of the initial construction of the plant. -Administration 11. Upon completion of construction, the site and all str arid appurtenances for the treatment facilities, and p ponds as shown on approved exhibits, and a 30' access from Tamarack Boulevard to the treatment facility sha dedicated to the City of Carlsbad free of liens and encumbrances. Responsibility for the financing and construction of project shall be determined by the City prior to subn of design plans. The City shall adopt a method to allocate sewer permi for the use of the facilities prior to submittal of design plans. This allocation system may include, bt not limited to; limitation on how many permits would issued, the phasing of issuance of permits, a progran to determine who shall receive such allocation, and 1 extent of the service area. 14. Access easements if necessary for operation and main1 of the percolation ponds, efflueht line and necessar! appurtenances shall be granted to the City of Carlsbi Lake Calavera Hills Associates. P 12. 13. I 'I a,** ,- .' e j Page 13 4 15. The applicant shall agree to provide all' necessary easements over the Lake Calavera Hills property to accommodate sewer service and reclamation for all 0th properties in the drainage basin. No application for sewer permits, building permits, c discretionary action shall be issued.by the City unti the plant is operational and accepted by the City. 16, Construction and Operation Details 4 17. The applicant shall submit master CC&R'S for the Lake Calavftra Hills development holding the City harmless any adverse effects the treatment plant may cause and such hold harmless agreement shall be recorcied at the San Diego County Recorder's Office. The applicant shall submit and process a parcel map creating separate lots for the treatment plant and percolation pond sites. 18. 19. The Lake Calavera Hills Master Plan (MP-l50(A) shall amended as required by the approval of the Zone Chang Precise Development Plan. 20, The applicant shall secure easement rights for the Ci prohibiting the location of any habitable building wi 100 yards from the outside edge of the service road o the treatment plant as indicated on Exhibit A-1. Ten Map 76-12 and PUD-4 shall be amended if necessary shor such easement prior to final map and final PUD. A design study for the facility to be submitted by La Calavera Hills Associates to the Public Works Adminis or his designee and shall include the following speci, studies: foundation, seisnic safety, expansive soil, 21. stability, and special engineering requirements, so t. - the project will be designed with adequate safety marl 22. Grading plans for all facilities shall be approved by Public Works Administrator or his designee, prior to issuance of building permits. Such plan shall includ< provisions to limit grading, cut and fill and excavat: to the minimum areas necessary to prepare constructioi pads and excavate for treatment, transport and dispos; facilities. Drainage facilities adjacent to the treatment plant a1 percolation ponds shall be designed to accommodate a : year flood and protect the treatment plant and percol; ponds. These facilities shall be constructed concurrc with grading activity. 23. ' t. +" '. a Page 14 24. Surfaces shall.be graded to direct runoff toward desig drainage facilities and away from any cut and fill slo Land shall not be cleared of vegetation except immedia before grading, and grading should take place only dur dry season (April 16 to October 31). All graded slopes shall be stabilized for erosion cont immediately following grading by the developer. Landscape and irrigation plans shall be submitted for approval of the Planning Director. The landscaping sl- be designed to screen the treatment facilities and per ponds from surrounding properties. Plans shall incluc growing tall trees as well as a combination of shrubs ground cover. Plants shall be drought tolerant, fire where necessary and easily maintained. scaping and irrigation shall be fully installed prior City accepting the facilities. Natural vegetation and existing eucalyptus trees shall retained wherever possible. All pumps, generators and other-noise producing mechai shall be placed underground and/or shielded in such a to reduce noise to a maximum of 55 dba at property lii all facilities. The applicant shall submit an archaeological investig, for the approval of the Planning Director that indica location of any archaeological resources that could b affected by the construction of the treatment fadlit percolation ponds, effluent line and any accessory pu access roads, wells, etc. The final Precise Developm shall include means to mitigate any potential impacts this investigation. The access way from the plant to Tamarack shall be im with a minimum of 20' wide asphalt concrete driveway approved by the City a Engineer and Fire Marshall. A fire hydrant shall be placed on the site and apprcv the Fire Marshall. An asphalt concrete driveway shall be provided to the percolation ponds. The locaton, dimension and constr of the driveway shall be to the satisfaction of the C Engineer. 25. 26. 27. The approved 1 28. 29. 30. 31. 32. 33. --/ i k * I .. ** * 'c" a. Page 15 34. The equestrianatrail through the treatment plant site on Exhibit A-1 dated April 11, 1979, shall be construc the applicant and maintained by the Lake Calavera Hill Homeowner's Association. The portion of the equestria located between the treatment plant and the percolatic shall be placed within the effluent line easement, and be constructed by the applicant and maintained by the Calavera Hills Homeowner's Association. The CC&R'S fc Calavera Hills shall contain this condition. 35. Final plans for treatment facilities and percolation F shall indicate lighting to provide adequate night time operations. Such lighting shall be designed in a manr that nearby residences or public streets are not adver affected. The lighting plan shall be subject to the E of the Planning Director. 36. The treatment facility, percolation ponds and any othc mechanical appurtenances shall be totally enclosed by a minimum of 6' in height and designed for security pr subject to the requirements of the State Water Qualit! Control Board. The applicant shall provide a method approved by the Public Works Administrator for the disposal of sludge 37. created by the treatment plant. . 38, All Lquipment proposed to be placed on any roof shall screened from public and subject to the approval of t' Planning Girector. 39. After approval, the applicant shall submit a reproduc of the Precise Development Plan which incorporates a1 requirements of the approval to the City Manager for Prior to signing the final Precise Development Plan, City Manager shall determine that all applicable requ have been incorporated into the plan and that all con of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Development Pla be the official site layout plan for the property and be attached to any ap"p1ication for a building permit subject property. Attachments Location Map Letter from Roy Ward dated 4/4/79 Memorandum from James Hagaman and Ron Beckman to the City dated 3/22/79 Memorandum regarding population projections. Matrix on EIR requirements. BP/BM/ar 4/17/79 9 0 NOTICE OF PUBLIC HEARING PDP-2/ZC-203 V' NOTICE IS HEREBY GIVEN that the City Council of the City of C will hold a public hearing at the City Council Chambers, 1200 Elm Av Carlsbad, California, at 6:OO P.M. on Tuesday, June 19, 1979, to con approval of a Precise Development Plan for a wastewater treatment fa and a Zone Change from the present existing PC zone to the PU zone o generally located on the east and north side of El Camino Real and s Highway 78, and more particularly described as: Beginning at a Fence Post tag marked L.S. 2940 on top being Point 4 of Lot D, Rancho Agua Hedionda per Map No. 823: Westerly N 89" 23' 33" W 1791.41 feet to TRUE POINT OF BEGINNING: thence continue along said line (1) N 89" 25' 10" W 300 feet; thence (2) N 0" 34' 50" E 660 feet; thence (3) S 89' 25: 10: E 300 feet; thencte (4) S 0" 34' 50" West 660 feet to TRUE POINT OF BEG INNING. APPLICANT: Lake Calavera Hills Associates PUBLISH: June 9, 1979 CARLSBAD CITY COUN C!l> C3P frn8\ljrnD I _c *.5c-- CAP,LSBAD D L----m-- zc- ZOr.j/PDP-ii_ CALA\E.WA \-4I!J,5 $pW;$..& E -TT=;LSq-1\: 2 m"AP.B'i". A / I t /7ci 4.- r e a - -* .* LAW OFFICES OF , DAUBNEY AND BANCHE PROFESSIONAL CORPORATIONS AREA WILLIAM H DAUBNEY NICHOLAl C BANCHE TELEPHO 702 FOURTH STREET POST OFFICE BOX 390 OCEANSIDE. CALIFORNIA 92054 June 19, 1979 City Manager City of Carlsbad Carlsbad, California 92008 1200 Elm Avenue RE: Lake Calavera Hills Dear Mr. Bussey: I am unable to attend tonight's Council Meeting dealing with aspects of the above referenced project. On behalf of my clients, Mr. and Mrs. Everett Robertson, I do continue to express concern that the effects of the Lake Calavera Hills project on other property lying within the basin is not being adeauately addressed. I recently forwarded correspondence to Mr. Ward expressing concern that the Robertson acreage was being regarded as merely a means of dissipation of reclamation products generated by the Lake Calavera Hills project. I am also concerned that the first property owner to develop not be given an unfair advantage over all other property owners within the basin. In other words, the planning must assume that ail property within the basin will ultimately develop and any system suggested and accepted must be able to accommod; that assumption, with some semblance of equality. I regret that I am unable to attend toniqht's meeting but I have a prior commitment. - *-- - a ci d -* r& City Planager June 19, 1979 Page Two I would hope that the matter could be continued to : special hearing in order that all concerns regarding the basin miqht be fully discussed. As I have previously indicated, I am becoming con- cerned that the Robertson property is being regarded as merely a means of sponsoring the Lake Calavera Hills project Obviously, that result would be vigorously resisted. Sincerely, , _-. NICHOLAS C. BANCHE NCB:jp --._ _- - v) -I m Q r P z =2------..-----.- ..-- - -_ -__- - ,a- _I- - 0 8 f B