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HomeMy WebLinkAbout1979-06-19; City Council; 5803-2A; Waste Land Treatment PlantII CITY OF CARLSBAD .X Initial AGENDA BILL NO: 5803, Supplement #2-fr ] Dept. Hd. DATE: June 19, 1979 Cty' Atty . Cty. Mgr. DEPARTMENT: Planning 5 r ^ fc(S3 SUBJECT: ZONE CHANGE FROM PC TO PU AMD PRECISE DEVELOPMENT PLAN -FOR A 1.2 MOD WASTEWATER TREATMENT PLANT (ZC-203 & PDP-2) LAKE CALAVERA HILLS ASSOCIATES. Statement of the Matter The Planning Commission first heard these two requests on April 11, 1979, at which time they approved the Zone Change, but continued the precise plan -. to April 25. (See attached staff report dated "revised" April 16, 1979). However, prior to the continued April 25th meeting, the City Council, decided to review the major policy issues contained in the project report and EIR (Montgomery). The City Council thru several sessions established policy guides for subsequent action. (See attached City Council minute excerpts and summary letter dated June 1, '1979). • From the City Council action staff redrafted the staff recommendation, (see attached staff report dated June. 4, 1979). Through the hearing process some changes were made by the Planning Commission, basically for clarity. The Planning Commission final action on PDP-2 is contained in the Planning Commission Resolution No. 1525. EXHIBITS. • Planning Commission Resolution No. 1510, (ZC-203). Planning Commission Resolution No. 1525, PDP-2 Staff Report dated June 4, 1979 Letter from James Hagaman dated June 1, 1979 Excerpts of City Council Minutes Staff Report dated April 16, 1979 • ' RECOMMENDATION If the City Council concurs you should direct the City Attorney to prepare documents APPROVING ZC-203 and PDP-2 as per Planning Commission Resolutions 1510 and 1525. Council Action 6-19-79: Council directed the City Attorney.to prepare the necessary documents to approve ZONE CODE-203, as per Planning Commission Resolution No. 1510. • Council continued the public hearing on the on the .PRECISE DEVELOPMENT PLAN-2, with a report by'staff addressing the issues raised with Regard to Conditions No. 9, No. 14, and No. 17 of Planning Commission Resolution No. 1525. » ' 1 2 3 ' 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM P-C (PLANNED COMMUNITY) TO P-U (PUBLIC UTILITY) ON-PROPERTY GENERALLY LOCATED NORTHEAST OF EL CAMINO REAL, SOUTH OF HIGHWAY 78. CASE NO: ZC-203 APPLICANT; ROY WARD, LAKE.CALAVERA HILLS WHEREAS, a verified application for certain property, generally located northeast of El Camino Real, South of Highway 78, and more^particularly described on Exhibit X, dated April 11, 1979, attached hereto which has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad municipal Code; and WHEREAS, the Planning Commission did on the llth day of April, 1979, hold a public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Change (ZC-203) and found the following facts and reasons to exist: •1. The proposed Zone Change is consistent with the General Plan because: A. The General Plan Land Use Element designates this area for a public utility zone. B. The Public Utility Zone implements the uses permitted in the utility designation of the General Plan. C. The Zone Change will have- no adverse impacts on any other element of the General Plan. 2. It has been determined that the Zone Change will not result in any significant adverse imp'acts to the environment because: 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 A. EIR-528 has been certified by the City that includes measures to mitigate significant environmental impacts. B. The Public Utility Zone requires the approval of a Precise Development Plan which will incorporate the necessary mitigating measures as noted in EIR-528. . 3. The proposed Zone Change is consistent with applicable City Public-Facility Policies and Ordinances because: A. B. The Public Utility Zone pe/rmits the expansion and/or construction of public facilities. The eventual development of the site will be a waste water treatment and water reclamation facility. WHEREAS, the Planning Commission, by the following roll call vote, recommended APPROVAL OF ZC-203 as indicated on Exhibit X, dated April 11, 1979', attached hereto. AYES: Rombotis, Schick, Marcus, Jose. NOES: Larson, Wrench. ABSTAIN: L' Heureux'. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing recitations are true and correct. EDWIN S. SCHICK, JR. Vice Chairman ATTEST: JAMES C. HAGAMAN, Secretary .2 err/ OF CARLSBAD X OTy'OF CARLS6AD ZC- 203 CALAVERA H1LL5 SEWAGE TRE^TMB PLANT .4/11/71 ZONE CHANGE FROH P-6 TO P-U MAP COMPILED FROM DAf/\ eHOWN OH OFFICIAL. MAP OF THE CITY OF CARLSBAD. EXHIBIT X o 1 PLANNING COMMISSION RESOLUTION NO. 1525 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PRECISE 3 DEVELOPMENT PLAN FOR A 1.2 MGD OXIDATION DITCH WASTEWATER TREATMENT FACILITY, INCLUDING EFFLUENT 4 LINE AND PERCOLATION PONDS ON PROPERTY GENERALLY LOCATED NORTHEAST OF EL CAMINO REAL, SOUTH OF 5 HIGHWAY 78. CASE NO: PDP-2 6 APPLICANT; ROY WARD, LAKE CALAVERA HILLS ASSOCIATES 7 WHEREAS, a verified application for certain property, 8 generally located northeast of El Camino Real, South of Highway 9 78, and more particularly described on Exhibit Y, dated April 10 11, 1979, attached hereto which has been filed with the City 11 of Carlsbad and referred to the Planning Commission; and 12 WHEREAS, said verified application constitutes a request as 13 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did on the following dates: 15 April 11, 1979, April 25, 1979, May 23, 1979, June 4, 1979, hold 16 public hearings as prescribed by law to consider said request; and 17 WHEREAS, at said public hearings, upon hearing and considering 18 all testimony and arguments, if any, of all persons who desired 19 to be heard, said Commission considered all factors relating 20 to the Precise Development Plan (PDP-2), and found the following 21 facts and reasons to exist: 22 1. The proposed Precise Development Plan insures compatibility of the development with the General Plan because: 23 a) The General Plan Land Use Element designates a public 24 utility in this area. 25 b) Subsequent development in the area served by the treatment plant will be consistent with the General 26 Plan because all zoning in the service area is consistent with the General Plan. 27 2. The proposed Precise Development Plan insures compatibility 28 of the project with surrounding development because: 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 a) b) 3. It 1PI af JLd the a) b) c) d) 4. The •Far-JL Clt* in a) b) c) d) e) 7/ o Adequate measures are required as part of the approval to mitigate any adverse impacts the property may have. The location of the project in a valley will reduce adverse impacts to surrounding property. It has been determined that the proposed Precise Development Plan will not result in any significant adverse impacts to the environment due to the following reasons: The conditions of approval, include mitigation measures outlined in EIR-528, that mitigate potential adverse environmental impacts. Changes or alterations have been required which mitigate the significant environmental effects as identified in the project EIR. The project will be subject to further review and approval by affected State and Federal agencies. Said review constitutes additional environmental impact assessment, and ensures the project's compatibility with the contiguous natural and manmade environment. The Environmental Protection Agency has prepared a study on the proposed oxidation ditch process. The study found the process both reliable and highly competitive with respect to other secondary and advanced waste water treatment systems. ~ The proposed Precise Development Plan provides for public facilities as necessitated by development and/or approvals The proposed waste water treatment facility will serve as a complimentary use to the existing Encina sewage treatment plant by providing the City with additional sewer capacity. The proposed reclamation facility will reduce the amount of potable water necessary to serve the service area as delineated in EIR-528 in the future. Said reclamation system could allow for the preservation and continuation of agricultural production. The proposed treatment facility will be financed by those utilizing the facility. All other public facilities will be available at time of development. .2 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 O WHEREAS, the Planning Commission, by the following vote, recommended approval of Precise Development Plan (PDP-2) with certain conditions: General 1. Development of the site shall occur substantially as indicated in Exhibit "G" dated April 4, 1979, attached hereto, and as shown on Exhibits A-l, B, D and P-l dated April 11, 1979, for the wastewater treatment plant and Exhibit A-2, and E dated April 11, 1979, for the percolation ponds; except for modifications and necessary back-up systems not affecting the plant operational efficiency that are approved by the Public Works Administrator 2. In addition to the approval of the development indicated in the exhibits noted above, all other requirements and appur- tenances as listed in this approval shall be indicated on the final Precise Development Plan. Treatment Plant 3. The proposed treatment plant shall be constructed in one phase as a 1.2 mgd capacity plant with percolation ponds, effluent lines to serve ponds, and all other necessary appurtenances to operate the treatment plant. 4. A reversible force main connecting the treatment facilities to the Encina line at El Camino Real shall be constructed as part of this project. Reclamation 5. All wells, pumps, check dams and other appurtenances necessary to reclaim water from the recharge basin noted in Exhibit "E" shall be constructed as part of this project. Prior to any grading, construction or placing of equipment, plans for this facility shall be submitted and approved by the Planning Commission. 6. All effluent from the treatment plant shall be reclaimed and utilized for replacement of existing or planned potable water (Type I), The amount of sewer capacity allocated to future developments shall be equaled by the amount of reclaimed water that can be guaranteed for use by the applicant for such development. 7. All users of the treatment plant shall provide a plan that guarantees a method to utilize the reclaimed water prior to any approval pursuant to their projects. The water .3 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 may be applied to agricultural uses, and landscaped portions of parks, schools, or private areas. Said reclaimed water shall not be applied to native vegetation or areas where there is no present or planned potable water uses. As a guide to determine adequate land to utilize the reclaimed water the ratio for gallons of water on acres of land should be based on 1 acre of agricultural land for each 3,000 gallons or 1 acre of landscaped land for each 800 gallons. Depending on location, soil type and plants, the ratio may differ from this guide. 8. The method of guranteeing utilization and schedule of use of reclaimed water shall be submitted to the Planning Director. The Planning Director in approving the land to be used for reclaimed water shall give preference to lands near the recharge basins or served by gravity flow from the systems required per Condition No. 5, in order to conserve energy required for pumping. 9. The applicant shall be responsible for the construction of mains, wells, pumps, check dams, and all other appurtenances necessary to reclaim water from alternative recharge basins located in the Agua Hedionda drainage basin if it is determined that these recharge basins are preferable in lieu of an effluent fail safe line. Such determination shall be made prior to the City accepting any portion of the treatment facilities. Prior to any grading, construction or placing of equipment, plans for this facility .shall be approved by the Planning Commission by a Conditional Use Permit. 10. Any appurtenances not part of this application or approval necessary for reclamation, storage, or use of the plant effluent shall be subject to Planning Commission review and approval. At the time of review the Planning Commission shall determine if such appurtenances will have a significant adverse effect on surrounding property. If it is determined that the appurtenances will have a significant adverse effect, a Conditional Use Permit shall be required. 11. The applicant shall provide necessary easements on his property and pay his fair share of the costs for a disposable effluent fail safe system as such system is determined to be necessary. Such determination shall be made prior to th City accepting any portion of the treatment facilities. Administration 12. Upon completion of construction and prior to operation of the plant, the site and all structures and appurtenances for the treatment facilities, and recharge basins as shown on approved exhibits, a 30' wide access way from Tamarack Boulevard to the treatment facility, and any other appurtenances approved by this action shall be dedicated to the City of Carlsbad free of liens and encumbrances. .4 1 13. The applicant shall be responsible for the funds to construct the facilities as approved. Any reimbursement agreements 2 must be approved by the City prior to submittal of any application for project not already approved or in process 3 of acquiring discretionary approval. Any expenditures by the applicant in advance of a final agreement with the City 4 is at the risk of the applicant. 5 14. The City shall adopt a method to allocate sewer permits or growth management program for the area serviced by this 6 facility prior to submittal of any application for projects not already approved or in process by the City. This 7 allocation system or growth program may include, but not limited to; limitation on how many permits would be issued, 8 the phasing of issuance of permits, a program to determine who shall receive such allocation, and the extent of the 9 service area. 10 15. Access easements if necessary for operation and maintenance of the percolation ponds, effluent line and necessary 11 appurtenances shall be granted to the City of Carlsbad by Lake Calavera Hills Associates, if the City agrees to accept 12 the facility. 13 16. The applicant shall provide all necessary easements over the Lake Calavera Hills property to accommodate sewer service 14 and reclamation for all other properties in the drainage basin. 15 17. No application for sewer permits, building permits or any 16 discretionary action shall be issued by the City until a construction contract for the plant has been formally agreed 17 upon and a completion date tentatively established, then such approvals may be granted and construction commenced, however, 18 no dwelling units shall be granted a certificate of occupancy or shall be allowed to be offered for sale until such time 19 as the satellite treatment plant is operational and accepted by the City. 20 Construction and Operation Details 21 18. The applicant shall submit master CC&R'S for the Lake 22 Calavera Hills development holding the City harmless for any adverse effects the treatment plant may cause and 23 such hold harmless agreement shall be recorded at the San Diego County Recorder's Office. 24 19. A condition shall be placed on all development permitted 25 to use this wastewater treatment facility that prohibits the use of self-regenerating water softners. The Lake 26 Calavera Hills development shall contain such prohibition in the CC&R'S. 27 20. The applicant shall submit and process a parcel map creating 28 separate lots for the treatment plant and recharge basins. 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 21 22 23 24 25 26 21 28 29 30 The Lake Calavera Hills Master Plan (MP-150(A) shall be amended as required by the approval of the Zone Change and Precise Development Plan. The applicant shall secure easement rights for the City prohibiting the location of any habitable building within 100 yards from the outside edge of the service road or structure and equipment, whichever is nearer to habitable buildings as indicated on Exhibit A-l. Tentative Map 76-12 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 by Lake Calavera Hills Associates to the Public Works Administrator or his designee and shall include the following special studies: foundation, seismic safety, expansive soil, soil stability, and special engineering requirements, so that the project will be designed with adequate safety margins. Grading plans for all facilities shall be approved by the Public Works Administrator or his designee, prior to issuance of building permits. Such plan shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction pads and excavate for treatment, transport and disposal facilities. Drainage facilities adjacent to the treatment plant and percolation ponds shall be designed to accommodate a 100 year flood and protect the treatment plant and percolation ponds. These facilities shall be constructed concurrently with grading activity. Surfaces shall be graded to direct runoff toward designed drainage facilities and away from any cut and fill slopes. Land shall not be cleared of vegetation except immediately before grading, and grading should take place only during the dry season (April 16 to October 31). All graded slopes shall be stabilized for erosion control immediately following grading by the developer. Landscape and irrigation plans shall be submitted for the approval of the Planning Director. The landscaping shall be designed to screen the treatment facilities recharge basins from surrounding properties. Plans shall include fast growing tall trees as well as a combination of shrubs and ground cover. Plants shall be drought tolerant, fire retardant where necessary and easily maintained. The approved landscaping and irrigation shall be fully installed prior to the City accepting the facilities. Natural vegetation and existing eucalyptus trees shall be retained wherever possible. .6 c 0 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 31. All pumps, generators and other noise producing mechanisms shall be placed underground and/or shielded in such a manner to reduce noise attributed to the facility to a maximum of 55 dba at property line of all facilities. 32. The applicant shall submit an archaeological investigation for the approval of the Planning Director that indicates the location of any archaeological resources that could be affected by the construction of the treatment facility, recharge basins, effluent line and any accessory pumps, access roads, wells, etc. The final Precise Development Plans shall include means to mitigate any potential impacts noted in this investigation. 33. The access way from the plant to Tamarack shall be improved with a minimum of 20' wide asphalt concrete driveway and approved by the City Engineer and Fire Marshall. 34. A fire hydrant shall be placed on the site and approved by the Fire Marshall. 35. An asphalt concrete driveway shall be provided to the percolation ponds. The location, dimension and construction of the driveway shall be to the satisfaction of the City Engineer and the Planning Director. 36. The equestrian trail through the treatment plant site as shown on Exhibit A-l dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowners's Association. The portion of the equestrian trail located between the treatment plant and the recharge basins shall be placed within the effluent line easement, and shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowner's Association. The CC&R'S for Lake Calavera Hills shall contain this condition. 37. Final plans for treatment facilities and recharge basins shall indicate appropriate lighting to provide adequate night time operations. Such lighting shall be designed in a manner so that nearby residences or public streets are not adversely affected. The lighting plan shall be subject to the approval of the planning Director. 38. The treatment facility, recharge basins and any other mechanical appurtenances shall be totally enclosed by a fence a minimum of 8' in height and designed for security purposes, subject to the requirements of the State Water Quality Control Board. 39. The applicant shall provide a method approved by the Public Works Administrator for the disposal of sludge created by the treatment plant. 40. All equipment proposed to be placed on any roof shall be screened from public and subject to the approval of the Planning Director. .7 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"""^ y*S.; » w 41. After approval, the applicant shall submit a reproducible copy of the Precise Development Plan which incorporates all requirements of the approval to the City Manager for signature. Prior to signing the final Precise Development Plan, the City Manager shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Development Plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property. WHEREAS, the Planning Commission, by the following roll call vote, recommended APPROVAL of PDP-2 , for the reasons set forth above . AYES: Rombotis, Marcus , Jose, Larson, Wrench, Schick. NOES: None. ABSTAIN: L'Heureux. ABSENT : None . NOW, THEREFORE, BE IT HEREBY RESOLVED , that the foregoing recitations are true and correct. K \k v\ '\Jjluh/u M 1 f\ri/j 1 \ EDWIN S. SCHICK, JR/ 'Vice Chairman CARLSBAD PLANNING COMMISSION ATTEST : n / /y/iwjJLL I Ja^JL. /^ JAME6 C. HAGAMAN, Secretary .8 M 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 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD )ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of Said Commission held on the 13th day of June 1979, by the following roll call vote: AYES: Schick, Rombotis, Larson, Marcus, Jose, Wrench. NOES: None. ABSTAIN: L'Heureux. ABSENT: None. r/LA^ !S C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PDF-2 crry OF CARUS6A.D COU^4T/PDP-Z CALAVERA HlUf SEWA6E PUANT EXHIBIT Y LAl'Q CALAVERA •BILLS Carlsbad, Ca. 92008 (714) 729-4912 C TO: Planning Director Public Works Director DATE 4/4/79 SUBJECT:CLARIFICATION OF PROPOSAL OF LAKE CALAVERA HILLS ASSOCIATES FOR CONSTRUCTIONOF WASTE WATER TREATMENT FACILITY AND ASSOCIAT1 D FACILITIES. Gentlemen: . Lake Calavera Hills Associates defines its proposal to the City of Carlsbad for the Construction of the Waste Water Treatment Facili- ty as to the various parts of system as follows: i • 1) Provide the land for the Plant Site, the non-specific ease- ment for pipelines to the percolation field and the perco- lation field. 2)Treatment Site Specifically. All necessary integral parts to insure a waste water treat- ment plant complete and turn-key to include but not-limited to the following generally described facilities. The entire facility to be approved by the Public Works Director of the City of Carlsbad. (a) (b) Cc) CIfy cf Planning (e) Carlsbad [f (h Headworks .. 2 - 600,000 gallon oxidation ditches with at least two Brush type aerators, drive motors, wiers, control val- ves. 2 - adequately sized clarifiers 1 - extended aeration sludge digestor dewatering unit chlorinator contact chamber 1 - sludge compactor 1 - auxiliary, control, machine shop, laboratory building pumps and•transport lines for effluent to percolation fields percolation fields and check dams as required all force mains and collector systems for Calavera Hills and for access to the treatment plant across Calavera Hills Property for the Basin Area (cost to be prorated among the users placing the demand for—servicenand access through Calavera Hills Property)"v^O" V i 1979 CITY OB CARLSBAD; CALAVERA 'HILLS 3088 Pio Pico Dr., Suite 20W Carlsbad, Ca. 92008 (714) 7294912 TO: Planning Director Public Works Director Page 2 DATE 4/4/79 JOB* SUBJECT: CLARIFICATION OF PROPOSAL FOR CONSTRUCTION (k) Reversable force main and pumps from El Camino Real up Tamarack Avenue to Plant Site as required by Public Works Director. No construction should be included .in this proposal that lies out- side of the Calavera Hills property other than that which is' specifically listed above.' Calavera Hills will agree to pay its prorata share of any Fail Safe line to the Encina Outfall if said system should be required in the future. — _ Should the Public Works Director desire to add additional facili- ties at the /treatment plant, they may also be included with Cala- •vera Hills' concurrence. • • ;: •- Roy General Partner RJW:paf V MEMORANDUM DATE: June 4, 1979 TO: ' Planning Commission , FROM: Planning Department CASE NO: Supplemental Report PDP-2 REQUEST: PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD -OXIDATION DITCH WASTEWATER TREATMENT FACILITY, INCLUDING EFFLUENT LINE AND PERCOLATION PONDS. APPLICANT; LAKE CALAVERA HILLS ASSOCIATES _ HISTORY The Planning Commission heard this item on April 11, 1979, along with ZC-203, a request to rezone the site to P-U. The Planning Commission approved ZC-203, but continued PDP-2 until April 25, 1979. Prior to the April 25th meeting, the City Council decided to review the major policy issues contained in the project report and EIR of this case. The Planning Commission therefore continued the item to May 23, 1979, with a provision that it would be further continued if the City Council, did not conclude their discussion by May 8. Since the City Council finished discussion on May 15, the Planning Commission continued the PDP-2 action to June 4, 1979. ISSUES To understand the issues involved staff prepared a list of issues and staff response (dated April 27, 1979). From this the City Council further defined areas they wished to discuss. From these two lists the City Council explored the many issues involved with the sewer plant as prepared and made policy decisions on the major issues. Most of these decisions have a direct bearing on how the Planning Commission will review the application and establish conditions. First the City Council determined that a treatment facility in the northeast basin was* desirable, but only with water reclamation. Therefore staff has recommended approval of the application and suggests conditions to insure water reclamation - see conditions 5 through 11. These conditions will require the applicant to construct full facilities to commence water reclamation upon activation of the plant. All users of the treatment plant shall have to guarantee a method to utilize the reclaimed water. Council also directed staff to prepare a work program for potential use of reclaimed water on agricultural land and other principle uses for the entire city. Since the City Council only directed a work program and did not set up a completion time for the study, staff has not recommended a condition on the Precise Development Plan to require such study prior to development in Lake Calavera Hills. . ' Site 3b as requested by the applicant and approved by the Planning Commission by previous action (ZC-203) was determined by the City Council as the proper location for the plant. The site as requested includes an effluent recharge into an aquifer in the Buena Vista drainage basin. This is included in the approval of the plans. The Montgomery Report also indicates an aquifer in the Agua Hedionda drainage basin that can be used as an alternative re- charge basin. Since there is still unresolved issues concerning fail safe and storage capacity, staff suggests a condition to require such alternative recharge basin if it is later determined that such recharge is preferable to a fail safe line. See Conditions No. 9 and 11. The City Council then determined that a decision on the effluent fail line should be delayed until such time as the Master Plan on satellite treatment plants is completed. This is to allow for a comprehensively planned fail safe system that would combine fail safes from other satellite plants. Also further study especially on recharge basins and agriculture water needs may modify the need for fail safe. (See Condition No. 11). The approved plant is to have 1.2 mgd capacity and constructed by the applicant. This will provide capacity for growth anticipated through the year 2000 including existing development in the drainage basin. Condition No." 4 requires a force main to connect to the Encina line on El Camino Real. This will provide both a method to hook up existing residences and also a raw sewage fail safe in case of plant mal function, (even though mal function necessitating fail safe is not anticipated). To provide for proper allocation of this capacity in line with the anticipated full capacity date and to provide for all other public facilities at time of need, the City Council has directed staff to prepare a work plan for a growth management program. Staff has suggested a condition that will require the completion of this growth management program prior to accepting application for any project within thi.s service area not already approved or in process. See Condition No. 14.. This condition allows either the adoption of a sewer allocation system or a growth management program that would include all public facilities. The applicant shall fund the construction of all portions of the facilities he is responsible for. However, the City and the applicant shall enter into negotiations which will hopefully require a minimum of reimbursement and -City involvement in the financial aspects of the project. This agreement must be to the satisfaction of the City Council. See Condition No. 13. ,2 The City Attorney pointed out that if the applicant funds the construction he could claim that his investment in the plant- gives him certain rights to impose limitations on "Council's" ability to deal with discretionary approvals on 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 of the plant and prior to operation, it be transfered to the City, see Condition No. 12. RECOMMENDATION Staff recommends that the Planning Commission forward a rec- ommendation of approval of Precise Development Plan No. .2 to the City Council based on the following findings and subject to the following conditions: 1. The proposed Precise Development Plan insures compatibility of the development with the General Plan because: a) The General Plan Land Use Element designates a public utility in this area. b) • Subsequent development in the area served by the treatment plant will be consistent with the General Plan because all zoning in the service area is consistent with the General Plan. 2. The proposed Precise Development Plan insures compatibility of the project with surrounding development because: a) Adequate measures are required as part of the approval to mitigate any adverse impacts the property may have. b) The location of the project in a valley will reduce adverse impacts to surrounding property. 3. It has been determined that the proposed' Precise Development Plan will not result in any significant adverse impacts to the environment due to the following reasons: a) The conditions of approval, include mitigation measures outlined in EIR-528, that mitigate potential adverse environmental impacts. .3 o b) The project will be subject to further review and approval by affected State and Federal agencies. Said review constitutes additional environmental impact 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. The study found the process both reliable and highly competive with respect to other secondary and advanced waste water treatment systems. • . 4. The proposed Precise Development Plan provides for public facilities as necessitated by development and/or approvals in the area: a) The proposed waste water treatment facility will serve as a complimentary use to the existing Encina sewage treatment plant by providing the City with additional sewer capacity. b) The proposed reclamation facility will reduce the amount of potable water necessary to serve this area in the future. c) Said reclamation system could.allow for the preservation and continuation of agricultural production. d) The proposed treatment facility will be financed by • those utilizing the facility.. e) All other public facilities will be available at time of development. CONDITIONS , ' General 1. Development of the site shall occur substantially as indicated in Exhibit "G" dated 4/4/79 and as shown on Exhibit A, dated 4/3/79, and A-l, B, D and F-l dated April 11, 1979, for the wastewater treatment plant and Exhibit A-2, and E dated April 11, 1979, for the percolation ponds; except for modifications affecting.plant operational efficiency that are approved by the Public Works Administrator. 2. In addition to the approval of the development indicated in the exhibits noted above, all other requirements and appur- tenances as listed in this approval shall be indicated on the final Precise Development Plan. Treatment Plant 3. The proposed treatment plant shall be constructed in one phase as a 1.2 mgd capacity plant with percolation ponds, effluent lines to serve ponds, and all other necessary appurtenances to operate the treatment plant. 4. A force main connecting the treatment facilities to the Encina line at El Camino Real shall be constructed as part of this project. Reclamation 5. All wells, pumps and other appurtenances necessary to reclaim water from the recharge basins shall be constructed as part of. this project. 6. All effluent from the treatment plant shall be reclaimed and utilized for replacement of existing or planned potable water (Type I). The amount of sewer capacity allocated to future developments shall be equaled by the amount of reclaimed water that can be guaranteed for use by the applicant for such development. 7. All users of the treatment plant shall provide a guaranteed method to utilize the reclaimed water prior to any approval pursuant to their projects. The water may be applied to agricultural uses, and landscaped portions of parks,, schools, or private areas. The land guaranteed by utilizing the reclaimed water shall be in a ratio of not less than 1 acre of agricultural land for each 3,000 gallons of reclaimed water from the treatment plant or 1 acre of landscaped area for each 800 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 schedule'of use . of reclaimed water shall be submitted to the Planning Director The Planning Director In approving .the land to be used for reclaimed water shall give preference to lands near the percolation peds or served by gravity flow from the systems required per Condition No. 5, in order to conserve energy required for pumping. 9. The applicant shall be responsible for the construction of mains, wells, pumps, check dams, and all other appurtenances necessary to reclaim water from alternative percolation ponds located in the Agua Hedionda drainage basin if it is determined that these ponds are preferable in lieu of an effluent fail safe line. Such determination shall be made prior to the City accepting any portion of the treatment facilities. 10. Any appurtenances not. part of this application necessary for reclamation, storage, or use of the plant effluent shall be subject to a Conditional Use Permit. 11. The applicant shall provide necessary easements on his property and pay his fair share of the costs for a disposable effluent fail safe line if such line is determined necessary. Such determination shall be made prior to the City accepting any portion of the treatment facilities. .5 Administration 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 other appurtenances approved by this action shall be dedicated to the City of Carlsbad free of liens and encumbrances. 13. The applicant shall be responsible for the funds to construct the facilities as approved. Any financial agreements shall be to the satisfaction of the -City,prior to submittal of any application for project not already approved or in process by the City. Any expenditures by the applicant in advance of a final agreement with the City is at the risk of the applicant. 14. The City shall adopt a method to allocate sewer permits or growth management program for the area serviced by this facility prior to submittal of any application for projects not already approved or in process by the City. This allocation system or growth program may include, but not limited to; limitation on how many permits would be issued, the phasing of issuance of permits, a program to determine who shall receive such allocation, and the extent of the service area. 15. Access easements if necessary for operation and maintenance of the percolation ponds, effluent line and necessary appurtenances shall be granted to the City of Carlsbad by Lake Calavera Hills Associates. 16. The applicant shall provide all necessary easements over the Lake Calavera Hills property to accommodate sewer service and reclamation for all other properties .in the drainage basin. 17. No application for sewer permits, building permits on any discretionary action shall be issued by the City until a construction contract for the plant has been formally agreed upon and a completion date tentatively established, then such approvals may be granted and construction commenced, however-, no dwelling units would be cleared for sale or would be allowed to be offered for sale until such time as the satellite treatment plan is operational and accepted by the City. Construction and Operation Details 18. The applicant shall submit master CC&R'S for the Lake Calavera Hills development holding the City harmless for 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 Lake Calavera Hills Master Plan (MP-150(A) shall be amended as required by the approval of the Zone Change and 21. The applicant shall secure easement rights for the City prohibiting the location of any habitable building within 100 yards from the outside edge of the service road of the treatment plant as indicated on Exhibit A-l. Tentative Map 76-12 and PUD-4 shall be amended if necessary showing 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 Administrator or his designee and shall include the following special studies: foundation, seismic safety, expansive soil, soil stability, and special engineering requirements, so that the project will be designed with adequate safety margins. 23. Grading plans for all facilities shall be approved by the Public Works Administrator or his designee, prior to issuance of building permits. Such plan shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction pads and excavate for treatment, transport and disposal facilities. 24. Drainage facilities adjacent to the treatment plant and percolation ponds shall be designed to accommodate a 100 year flood and protect the treatment plant and percolation ponds. These facilities shall be constructed concurrently with grading activity. •25. Surfaces shall be graded to direct runoff toward designed drainage facilities and away from any cut and fill slopes. 26. Land shall not be cleared of vegetation except immediately before grading, and grading should take place only during the dry season (April 16 to Ocotber 31). 27. All graded slopes shall be stabilized for erosion control immediately following grading by the developer. 28. Landscape and irrigation plans shall be submitted for the approval of the Planning Director-. The landscaping shall be designed to screen the treatment facilities and percolation - ponds from surrounding properties. Plans shall include fast growing tall trees as well as a combination of shrubs and ground cover. Plants shall be drought tolerant, fire retardent where necessary and easily maintained. The approved landscaping and irrigation shall be fully installed prior to the City accepting the facilities. 29. Natural vegetation and existing eucalyptus trees shall be retained wherever possible. 30. All pumps, generators and other noise producing mechanisms shall be placed underground and/or-shielded in such a manned to reduce noise to a maximum of 55 dba at property line of all facilities. .7 31. The applicant shall submit an archaeological investigation for the approval of the Planning Director that indicates the 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 Plans shall include means to mitigate any potential impacts noted in this investigation. 32. The access way from the plant to Tamarack shall be improved with a minimum of 20' wide asphalt concrete driveway and approved by the City Engineer and Fire Marshall. 33. A fire hydrant shall be placed on the site and approved by the Fire Marshall. t_. 34. An asphalt concrete driveway shall be provided to the percolation ponds. The location, dimension and construction of the driveway shall be to the satisfaction of the City Engineer. 35. The equestrian trail through the treatment plant site as shown on Exhibit A-l dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowners's Association. The portion of the equestrian trail located between the treatment plant and the percolation ponds shall be placed within the effluent line easement, and shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowner's Association. The CC&R'S for Lake Calavera Hills shall contain this condition. 36. Final plans for treatment facilities and percolation ponds shall indicate lighting to provide adequate night time operations. Such lighting shall be designed in a manner so that nearby residences or public streets are not adversely affected. The lighting plan shall be subject to the approval of the Planning Director. 37. The treatment facility, percolation ponds and any other mechanical appurtenances shall be' totally enclosed by a fence a minimum of 6" in height and designed for security purposes, • subject to the requirements of the State Water Quality Control Board. 38. The applicant shall provide a method approved by the Public Works Administrator for the disposal of sludge created by the treatment plant. 39. All equipment proposed to be placed on any roof shall be screened from public and subject to the approval of the Planning Director. .8 40. After approval, the applicant shall submit a reproducible copy of the Precise Development Plan.which incorporates all requirements of the approval to the City Manager for signature. Prior to signing the final Precise Development Plan, the City Manager shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Development Plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property. Attachments Memo from James Hagaman regarding City Council Policies dated 6/1/79 City Council Minutes BM/ar 6/1/79 .9 . c -...-• o MEMORANDUM DATE: May 30, 1979 REVISED: June 1, 1979 TO: ' Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director RE: CITY COUNCIL POLICIES ON CALAVERA HILLS WASTEWATER TREATMENT PLANT The Carlsbad City Council has approved the following new City policies in their consideration of the Calavera Hills treatment plant. I have listed the policies in two groups, the first being those policies applying to the City generally and the second being those policies related directly to the proposed Calavera Hills wastewater treatment plant. A) City Wide Policies: 1. It is the City Council policy and determination that a satellite treatment facility is acceptable in the north- east drainage basin of the City. 2. The City Council has determined that no wastewater facility will be considered by this Council unless it is also designed to be used for water reclamation. 3. The City Council has determined that it is necessary to develop a city wide reclamation policy including the principle uses of reclaimed water and has requested City staff to develop a work program for a reclamation policy. 4. City Council has requested City staff to prepare a work program for agricultural land preservation for the City. 5. City Council requested staff to prepare a work program providing for mitigation of growth inducing aspects considered in the Montgomery report as follows: a) Public facilities element and capital improvement program. b) Mandated General Plan review every three years. c) Urban land reserve program. d) Growth monitoring program. e) Specific Plan for special treatment areas, f) Work plan which includes a City growth management program. Memorandum - PaifWBussey May 30, 1972 /Revised June 1, 1979 Page 2 B) Determinations directly related to Calavera Hills: 1. City Council indicated a preference for the alternate site 3-B identified in the Montgomery Report. 2. City Council indicated desire to review pump station sites along with the treatment facilities for environ- mental considerations. 3. City Council accepted the percolation beds contained in the Montgomery Report and indicated their desire to study and analyze potential recharge areas near Rancho Carlsbad Mobile Home Park. 4. City Council determined that additional failsafe lines beyond the normal back-up systems to be built into the plant not be included for raw sewage and further deter- mined it would delay a decision on an effluent failsafe system until an overall Master Plan of satellite treatment plants has been adopted by the Council. 5. City Council determined that a 1.2 mgd plant will be.built initially at the Lake Calavera Hills site. 6. City Council determined that the financing for the plant will be provided by the developer and that the developer and staff shall enter into negotiations which will, hopefully, require a minimum of reimbursement and City involvement in the financial aspects of the project. When staff and developer complete their negotiations, they shall return to the City Council for their approval. 7. City Council determined that the City will maintain and operate the plant after completion. JCH:jd 6/1/7.9 .. OF CARLSBAr, . -7- April 17,.]979 CITY COUNCIL ADDITIONAL BUSINESS: Palomar Airport Citizens' Advisory Committee...-—"""' Mayor Packard indicated he had received a letter from Supervisor Paul Eckert requesting nomina- tions of Carlsbad c'itizens to serve on his committee to respond to complaints resulting from noise,.and other problems at Pa'lomar Airport. Manager's Memorandum Re Satellite Sewage Treat- ment Faci1i ty. Council unanimously' consented to bring up the Memorandum from the City Manager noting that many policy questions and decisions needed to be discussed by Council before the Planning Commission could go ahead with decisions at that level. < . . [921 A motion 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 after Council had reviewed and established certain policies. • Council recognized'ED HAYWORTH, 1207 Elm Avenue, Carlsbad., California, who spoke to Council on be.half of Lake Calavera Hills Associates. Mr. Ha'yworth supported Council consideration of policy issues, but requested that the process of approval of the application be continued. A motion was made to direct staff to prepare the report addressing issues requiring Council determination of policy to be ready for the May 1, 1979 Regular Meeting. Disaster Council Meeting: •. Councilman Skotnicki reported on his attendance at-the recent Disaster Council Meeting and noted their discussion of reorganization of county staff to handle an emergency and indicated that •changes would be reflected in the Joint Powers Agreement which governs this. . SLPJL'- Councilman Skotnicki reported on the recentCPO meeting and noted that item regarding the reorganization of the transit districts in the County in accordance with Senator Kapiloff's bill and Assemblyman Frazee's bill -- decisions on which will be taken at the next meeting. "\ Parks & Recreation Commission Councilman Lewis reported on the recent.Parks & Recreation Commission. He indicated an item, of concern was the study on the .Hosp Grove park area. Motion Ayes Motion Ayes •X OF CARLSBA/.-10-o May 1, "1979 108 . - • d S . , [92] 29- AB #5803 - Supplement #1 - LAKE CALAVERA HILLS WASTE WATER TREATMENT PLANTPOLICY ISSUES . A staff report and background was presented by the Planning Director.. », Council recognized Mr. Henry Schipke, 3225 Donna Drive, Carlsbad, CA. Mr. Schipke indicated he was conversant with the subject matter by reason of his profession as an engineering consultant. Mr. Schipke spoke in favor of a plan for waste water treatment facilities. Council acknowledged that they had determined that a treatment facility was desirable. Councilman Skotnicki indicated it was .his feeling that the matter required (1) a determination of numerous policy issues; and (2) handling the adverse impacts . Following discussion, Council concurred they were discussing, only this particular plant at this time. Council discussed and concluded _that the aspect of water reclamation was an integral '" element in the concept of waste water treatment facilities. Council accepted as policy a satellite plant in the northeast drainage basin of the City, coupled with water reclamation facilities. A motion was made to continue the matter to the Adjourned Regular Meeting, to be held May 8, 1979 at 7:00 P.M. Councilman Skotnicki and Mayor Packard agreed to meet in advance to formulate procedures to follow in dis- "~~-~-^__ • cussions at that time. City Manager; [103] 30. AB #5825 - TRAFFIC SAFETY COMMISSION APPOINTMENT - RESOLUTIONS NO. 5751, 5752 and 5753. ^_..,_ ^ ~~~~- — ,Mayor Packard announced his intention to reappoint Hubert B. Nelson, currently serving a term on the Carlsbad Traffic Safety Commission which expires in July, 1979, to a subsequent term. Mayor Packard announced his intention to appoint John Lusignan as the replacement for the unexpired position created by the resignation of William Harkins. * . - .. • • . .' •• .=• ~- Motion Ayes •• Motion Ayes X X X X X X X X X X } j C11Q' C OF .CARLSBAD ^ Q COUNCILMAN Meeting of: Time of Meeting: Date of Meeting: Place of Meeting: CITY COUNCIL (Adjourned Regular Meeting) 7:00 P.M. Hay 3, 1979 • "Council Chambers 'I'll' I ( B - • ' - . * ROLL CALL: ' ' ^^ Mayor Packard stated that Councilwoman Casler had contacted Mr. Geoffrey Scarth re his applica- .tion for appointment to the Advisory Committee on the Housing Element..of the General Plan. ,<*" Following Councilwoman 'Casler's report on her • conversation with Mr. Scarth, the following Resolution was adopted: RESOLUTION NO. 5775, APPOINTING A MEMBER TO THE .GENERAL PLAN HOUSING ELEMENT ADVISORY COMMITTEE, . -/^ that member being Mr. Geoffrey' Scarth; F921 1. AGENDA BILL S5803 - Supplement #1 - LAKE CALAVERA HILLS UASTE WATER TREATMENT PLANT - POLICY ISSUES. Mayor Packard gave a brief introduction of the matter stating that a basic. list of .policy issues dated May 8, 1979, had been distributed previously, and this list resulted from a meeting between himself, Councilman Skotnicki and the City Manager. The Public Works Administrator stated .the . Memorandum from the Planning Director to the City Manager dated April 27, 1979, contained an error on page 5, in Section 6. He stated the year 1990 should be changed" to read 1987-88, and the year 2000 should be changed to read 1990. * The Public Works Administrator, Mr. Beckman, also stated Dr. Frank Grant of James M. Montgomei * Consulting Engineers, Inc. was present to respond to Council questions. . Councilman Skotnicki questioned whether any • assurances- had been received from the Regional .Mater Quality Control Board regarding permits Which Would be required for such a plant. In respo'nse, the Pub! ic- Works Administrator stated no assurances had been given; however, they had indicated what conditions would possibly be imposed if an application were submitted. Council recognized Mr. Roy Hard, 3088 Pio Pico, Carlsbad, applicant. -Mr. Hard introduced Mr. Dennis O'Leary to speak to the matter on his behalf. Hrl O'Leary stated he had contacted the Regional Water Quality Control Board and questioned them regarding the possibility of an application' submission by the City. In this regard, he . stated the staff had expressed willingness to • recommend approval. . Present - [lotion Ayes * * " y . •< .-. . X . . X X X X X X X X ClfTr OF CARLSBAD CQUNC5LMEN May 8, 1979 112 Mayor Packard then referenced the list of policy issues dated May 8, 1979, and suggested that Council proceed with discussion of the issues. jl - Is a satellite treatment facility desirable? Mayor Packard s'tate'd Council had agreed as to the desirability of such a facility at a previous meeting. 12 '- V.'hat is the proper location for the treatment fa.cil i tyj? The Public Works Administrator reported on the locations of the proposed Site f 1, Site #2, Site #3", ISA, £38 and ISC as well as the methods which would need to be employed to make the sites viable. .V In response to Council questions, Dr. Grant indicated that it. was studied, evaluated, and estimated as to the proposed opposition to the Site £1 by people living in'nearby developments. In addition, he stated there is always pumping required for such plants, and all matters must be considered including proximity to an historic corridor. • ". . ' Council recognized Mr. Roy Vlard. Mr. Vlard stated there are approximately 4,100 acres in the basin and that approximately 5/6ths of the development in that basin will be in l/6th of the area, which -is Calavera. In addition, he stated that approximately 80 percent (80%) of Calavera is to be gravity fed with the remainder requiring pumping and collection. In this regard, he ex- pressed the opinion that location along El Camino Real would create increased pumping problems. . Council recognized Mr. R. X. Geiger, 4510 Trieste Drive, Carlsbad. He stated that the people in nearby areas arc concerned and that they prefer not to have'a sewage treatment p-lant quite so close. He concluded by requesting the opportunit to meet vn" th the Council at a later .date on an individual basis. Council accepted alternate site SB as the site most desirable for the ICcation of the plant. S3 - Should reclamation be a requirement of the plant and how and what kind of reclamation will be guaranteed? In response to Council questions, Mr. Ward stated Calavers Hills would be able to reuse all the reclaimed water produced by the plant for a period of 19 years. Mr. Hard continued stating the specific uses would include watering the required 40 acres of public parks, school sites and slopes. . Motion Ayes ', OF CARLSBAD COUNCILMAN Hay 8, 1979 113 'Councilman Skotnicki expressed the desire that Council consider adoption of a policy which would establish that reclaimed water would be used for the preservation of agricultural lands. He continued stating the Overview Report prepared by Lowrey & Associates had stressed the desir- ability of utilizing reclaimed water to preserve agricultural lands. He concluded by requesting that action be taken immediately in an effort to preserve the agricultural lands mentioned in the report. Council discussed the desirability of establishin a City-wide policy for the use of reclaimed water in the near future, and discussed the various possible uses for same. It was. moved that staff be directed to prepare for Council consideration an agricultural land preservation policy ;concurrently with a plan for the use of Declaimed water on agricultural lands. The motipri^dj^ed^'for lack of a second. In response to questions, Councilman Skotnicki stated that preparation of an agricultural land preservation policy would also requir'e a determi- nation of all practical courses of action. The City Manager suggested that if Council desire to pursue the matter, that it may be desirable for staff to initially present to Council a work program outlining time and costs involved in preparation of such a policy. • It was moved that staff be directed to prepare a work program for the provision of an agricultural land preservation policy and for the use of reclaimed water on agricultural land. The motion died for lack of a second. Council directed staff to prepare a work program for the provision of an agricultural land pre- servation policy. It was moved and seconded that staff prepare' a work program for potential use .of reclaimed water on agricultural land. It was moved that the motion be amended to includ that staff prepare the report to include the principle uses of reclaimed water within the City of Carlsbad. Council directed staff to prepare a work program for potential use of reclaimed water on agricultural land, and said report to include the other principle uses of reclaimed water within the City of Carlsbad. • RECESS: Mayor Packard call.ed a recess at 9:07 FTM. and Council reconvened at 9:20 P.M. with all Council members present. Motion Motion Motion Ayes Motion Motion Ayes Motion Ayes QF CARLSBAD - 4 - Hay 8, 1979 ;• #4 .- What recharge facilities are required and avai Table? Councilman Skotnicki indicated he felt it would be desirable to investigate the Agua Hedionda basin as it relates, to recharge facilities. Further Council di'scussion indicated the basics of the matter were settled upon selection ofa desirable site for the plant. jf5 - Is a fail safe system needed for raw sewage and for treated effluent? .- • As a matter of clarification, staff indicated their report had expressed the need for a fail, safe line for the effluent, but not for the raw sewage. • *• " • Dr. Grant indicated the fail safe line would'act as an insurance factor to deal with effluent in times of ."wet" seasons. Council agreed that the additional fail safe. line, beyond the normal back-up systems to be built into the pla.nt, not be included.for raw sewage. . Staff then informed Council,that the Regional Board had indicated that an effluent fail safe line would be a requirement. ' Council discussed whether a fail safe line for effluent should be built initially, or at a later date.' Also discussed was the effect on the lagoon should effluent overflow, and costs of the line if built at a later date. Mr. Vlard stated he agreed to pay his fair share for any effluent fail safe line that may be- required in the future. Council agreed that a final decision on the fail safe line for effluent should be delayed until such time as the Master Plan on Satellite Treat- ment Plants is completed. . • . remainder of the issues would be discussed at the regular meeting to be held May 15, 1979. CITY COUNCIL ADDITIONAL BUSINESS: Councilman Anear requested, consideration of lighting the third field at the Little League Field, known as Chase Field, - Councilman Lewis extended an .invitation to Council from the Lancer Booster Club to attend a dinner at La Costa. Motion Ayes c CITY OF CARLSBAD -9- COUNCILMEN May]5, 1979M--m»:h*»«»n.M/j^i«iiHi»»»riai Mayor Packard then announced his intention' to app'oint Jeff Crissman a member of the City of Carlsbad Housing Commission to replace John W. Allen, who resigned effective June'-, 1979. • . . ' ,• •'" 30. AB #5760 - COMMITTEE AND BOARD APPOINT- MENTS:;: : ; ~~~~- :~~ Councilwoman Casler reiterated her feeling that since Lyle Richardson currently served on the Parking Authority, someone else should be appointed to fill current -vacancies. Council adopted the following Resolution: RESOLUTION NO.5686 APPOINTING A CARLSBADMEMBER TO THE CITY OF PERSONNEL BOARD (such member being Lyle Richardson) • • Council adopted the following Resolution: .-•'RESOLUTION NO. 5687 APPOINTING AMEMBER TO 'THE CITY OF CARLSBAD . -PERSONNEL BOARD (such member being Jack Osuna) .Mayor Packard then announced that pursuant to earlier decision, .the following.matter would be heard: • • •DEPARTMENTAL AND CITY MANAGER REPORTS: . . Planning 20• AB'f5S03 - Supplement #2 - MONTGOMERY REPORT, LAKE CALAV'ERA MILLS VJASTEWATER TREAT- MENT PLANT - POLICY ISSUES. Mayor Packard indicated that Items.-No. 6 and No. 7 of the List of Policy Issues, dated May 8, 1979, remained to be addressed; #6 - 'What: f_innvicinp, methods should be vised to' consTruct the"plant? Ron Bcckman, the Public Works Director,' out- lined the proposal made by the applicant as contained in the May l/i, 1979 Memorandum to the City Council from Lake Calnvera Hills adding that ownership and operation would be transferred to the City. Council recognised Roy Ward, 1207 Elm Avenue, Carl;;bad, CA., applicant and gcnrral" partner of Lake: CnJavera Hills. Mr. Ward indicated that: co;;t figvircn had been obtained Fox- construction oF the fall .safe r.y:;fcm only right-of-way controlled by applicant. Motion Ayes Noes Motion Ayes X CQ~Y • OF. _ CARLSBAD COUNCILMAN May 15, 1979 In response to query, Mr. Beckrnan indicated that if the failsafe line were not included in the original construction by the .applicant, then the City would be responsible for con- struction of this element since ownership and operation would ba transferred to the City after completion by the applicant. . Mr. Ward assured Council that Lake Calavera Hills Associates would contribute its fair share of the cost of the failsafe system' when future development in the northe'ast basin necessitated same. - . Council briefly discussed establishing desir- able financing arrangements for construction ' of the satellite treatment plant, methods of reimbursement and need for establishing a growth management•plan to monitor the growth anticipated as a result of sewer capacity made available through construction of the subject plant. • ' . Council recognized Ed Kaworth, 1207 Elm Avenue, Carlsbad, CA., who addressed' Council on behalf of the applicant. In response to the growth management concerns expressed by Council, Mr. Haworth"outlined the procedures required for approval of any further projects in the area influenced by the subject satellite plant. . ..;•'. In further response, .staff indicated that pursuant to the Master Plan, the applicant would be subject to any growth management plan established in the future and if Council desired any limitations, conditions could be imposed in addition to the phasing requirements of the Master Plan by amendment prior to accepting applicant's proposal. Council accepted the recommendation of the applicant as contained in his application to build a 1.2 mgd satellite plant. Council resumed their discussion relative to reimbursement methods. The City Attorney pointed out that shouLd Council accept the applicant's proposal to fund construction of the plant, it should recognize that the developer will urge his investment in the plant gives him certain rights to impose certain'limitations on Council's ability to deal with discretionary approvals on the subject development in the future. The City Attorney further stated that any' expenditure by the applicant in advance of a final .igrec'tnont for construction would-, be at the risk of the applicant. MotionAyes 1 i • X 5 OF CARLSBAD••-11- O COUNCILMEN May 15, 1979 £•'•» Council accepted the proposal that the developer, Lake Calavcra Hills, fund the construction of a satellite plant.with the . terms of financial reimbursement to be negotiated between the developer and the staff and presented to Council for approval. f #7 - Arc adverse impacts listed in the E.I.R. capable of being adequately mitigate??, Council discussion reflected their'concern that public facilities be available concurrent with the growth anticipated by the sewer capacity resulting from construction of a satellite sewer treatment plant.,: Council directed staff to develop a work plan at the earliest, providing for a program or programs which will mitigate the growth inducing aspects of the satellite treatment plan considered by the Montgomery Report,- such program or programs relating to the entire City. Council recognized Roy Ward, 1207 Elm Avenue, Carlsbad., CA, who requested that Council authorize the Public Works Director to join with Lake Calavera Hills Associates in its • application to the Regional Water Quality Control Board as sponsor/operator of the • proposed plant in order to proceed'. Council directed that upon completion of the plant, it be transferred to the City and the City assume the operation thereof. Council authorized staff to cooperate with the developer in the application to the Regional Water Quality Control Board if, 'after investigation it is determined that sponsorship is synonomous with a willing- ness to operate and control the -plant if all conditions of the City are met by .the developer. • CITY COUNCIL ADDITIONAL BUSINESS: ' ' ; Palbraar Ai rport Citizens' Advisory Commit tee. Mayor Packard announced his intention to appoint Reg Wood a representative to the Palcnnar Airport Citizens' Advisory Committee. Mayor Packard'informed Councilpc.rsons of Mr. Wood's telephone number and invited them to contact him if they desired. "••••-..._ "• ».- * *• Spcci a 1 Muni.cipnI Klcction Councilman Ancnr rc-porCcd on'liin activities a« official coordinator for citizen informa- tion relative to the upcoming election. Motion Ayes Motion Ayes Motion Ayes' Motion Ayes X X PC DATE: REVISED: TO: FROM: CASE NO: • APPLICANT; REQUEST: O STAFF REPORT April 25, 1979 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). Planning Commission j Planning Department ZC-203; PDP-2 Lake Calavera Hills Associates Zone Change from P-C (Planned Community) to P-U (Public Utility); and a Precise Development Plan fpr a 1.2 mgd oxidation ditch wastewater treatment facility, including effluent line and percolation ponds, (see attached letter from Lake Calavera Hills dated 4/4/79). NOTE; Only the treatment facility site, and not the effluent line or percolation ponds, will be subject to the Zone Change; but all will be subject to the Precise Development Plan. BACKGROUND LOCATION AND DESCRIPTION OF PROPERTY The proposed project is located northwest of El Camino Real, south of Highway 78, (within the Lake Calavera Hills Master Plan area, near the western boundary). The treatment facility is proposed on a 4.55 acre site connected by an approximately 3200 feet underground effluent line easement to a 4.41 acre percolation site. All of this area is designated as open space on the Lake Calavera Hills Master Plan, (MP-150(A)). The proposed facilities (sewage plant and percolation ponds) are proposed in separate, relatively narrow, drainage channels, at approximate elevations of 160 feet and 100 feet respectively. These areas are currently vacant, and contain native vegetation. The two sites are separated by higher ground which necessitates pumping from the treatment plant to the percolation ponds. EXISTING ZONING:Subject Property: North: South: East: West: P-C P-C; R-l-10 A-l-(8) County P-C' P-C; R-l-10; R-l; A-l(8) County . - \W I ) Page 2 EXISTING LAND USE; Subject Property: Vacant North: Vacant ... South: Vacant and agriculture, mobile home park approximately 5000' from the proposed treatment plan site. East:, Vacant and agriculture West: Agriculture, with new res- idential development situated approximately 2500' from the proposed treatment plan site. GENERAL PLAN INFORMATION The General Plan Land Use Element designates the subject area for a Public Utility (U) use. The treatment Plant site is within one kilometer of the (U) designation, which is consistent with the floating" U concept of the General Plan.n ENVIRONMENTAL IMPACT INFORMATION A final Environmental Impact Report (EIR-528, Montgomery .Report) has been certified by the City Council on April 3, 1979. The EIR recommends (Page 2-10 a 1,2 mgd facility built at the subject site as the most desirable alternative in terms of environmental impacts, monetary costs, institutional and financial considerations. Also, EIR-403, was certified on September 19, 1978 for the Lake Calavera Hills General Plan Amendment to accommodate a Master Planned Community and a floating "public utility" designation allowing a satellite sewage treatment facility. .PUBLIC FACILITIES The satellite treatment facility is being proposed as an acceptable alternative to the Encina wastewater treatment facility. The 1.2 mgd treatment plant will serve approximately 4,740 DU (based on waste water volume of 253 gpd/unit). This would convert to a population of approximately 12,300, which is slightly more than the population estimated for this area in the year 2000 (12,200, see EIR-528, Page 7-7), but much greater than the CPO Series IV projection of 7000 in the year 1995. Secondary, growth-related impacts on other public facilities would be addressed on a project by project basis. HISTORY The original Lake Calavera Hills Master Plan (MP-150) was adopted by the City Council on May 7, 1974. On March 30, 1977, an amended Master Plan for the Lake Calavera Hills area was submitted to the . Page 3 City (MP-150(A)). That plan was revised to include a request for a 0.5 mgd waste water reclamation facility. The proposed treatment facility was intended to service the Lake Calavera Hills Planned Community, and was based on Alternative No. 9 of the Lowry and Associates Feasibility Study (April 1977). That proposal was rejected by Council since it did not include service to areas in addition to Lake Calavera Hills. The present request does inlcude sufficient capacity to serve the-major portion of the Agua Hedionda drainage basin. In-September 1977, the City Council authorized an additional study performed by Lowry and Associates known as "Overview of Waste Water Reclamation for the City of Carlsbad". Phase II of the report included a specific proposal by Lake Calavera Hills Associates for a 0.5 mgd plant, to be located on their property. City Council recognized this report and authorized the .City Manager to perform an independent study which considered the environmental impacts of a satellite facility in the study area. This environ- mental impact report and facility plan (known as the Montgomery Report) has been prepared for the proposed project and certified by the City Council on April 3, 1979. On December 28, 1978, the City Council approved MP-150(A). The Master Plan notes the applicant's previous satellite wastewater treatment proposal, and requires a zone change from P-C to P-U in the event a specific proposal is made. RELATED CASES. • MP150(A); Lake Calavera Hills Associates, Ordinance No. 9517. The Master Plan for the 808 acre Lake Calavera Hills Planned Community was approved by the City Council on December 12, 1978. The Master Plan recognizes the.potential for a satellite facility, and requires a zone change from P-C tc P-U, a dual water system (if the City Manager determines that such system are acceptable- to all responsible public agencies), and possible conditions added to the Master Plan (e.g., odor easements, CC&R amendments, hold harmless agreement for plant operation, etc). CT 76-12;PUD-4: Robert Ladwig (Agent), Resolution No. 5145 & 5146. The City Council approved a Tentative Map and a Planned Unit Development for a 142 lot subdivision within the Lake Calavera Hills planned area on August 4, 1977. The Tentative Map and Planned Unit Development were approved with conditions that the final map will not be approved or any building permits issued until it is determined 'that sewer service is available, GPA-51(B}i; GPA-53; Lake Calavera Hills Associates, Resolution No. 5550. City Council approve.d both General Plan Amendments on October 3, 1978. O Page 4 GPA-51(B): Amends the land use plan by placing a public utility designation within the Lake Calavera Hills area, allowing the siting of a satellite sewage treatment facility-. The "U" designation is designed to "float" within one kilometer of a fixed point in order to provide flexibility in siting of a facility. GPA-53: Revises the text of the public utility description in the land use element to provide for the sating of both existing and future facilities. This revision states that the location of a satellite wastewater treatment facility could be located within a one kilometer radius of the public utility designation. • 2CA-97; Ordinance No. 9507, adopted by City Council on September 5, 1978. This ordinance amended Title 21, Chapter 21.32, Section 21.36.020 to clear ambiguities-and allow waste water treatment, disposal, on reclamation facilities in the P-U Zone. EIR-528/Montgomery Report; As noted earlier, EIR-528 was part of a larger report that also included a feasibility study and financial report for a satellite sewage treatment facility. The City Council reviewed-this report (including EIR) on April 3, 1979, but indicated that the policy issues raised by the report would best be resolved at time that the subject applications (PDP-2 and ZC-203) were reviewed. The Planning pirector and Public Works Administrator prepared a report to the City Manager, which is attached for your information. . MAJOR PLANNING CONSIDERATIONS 1. Should the City permit satellite treatment plants to serve specific areas or should all treatment be processed at one centralized plant (Encina)? 2. Are the benefits derived from a satellite treatment plant equal to or greater than one centralized plant (Encina)? 3. Should a water reclamation system be developed as part of this project? If so how will its continued use be guaranteed? 4. Is the site selected for this application appropriate and preferable to other possible sites? 5. What impacts will the construction and operation of the plant have on the area, and have they been sufficiently mitigated? 6. What are the potential growth inducing impacts caused by the project and will the project set a precedent for similar proposals? What would these precedents mean to the planning process and a public facilities management program? 7. Should the plant be built as a complete unit or should it be phased? 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 financed/ who shall be responsible for its operation, are existing areas to be connected and if so how will costs be handled, should areas outside the City be connected, etc. DISCUSSION This agenda item contains two separate applications requiring two individual actions by the Planning Commission. The Commission should consider the Zone Change first, and should not recommend approval of the Precise Development Plan unless first recommending approval of the Zone Change. The applicant has requested a Zone Change from P-C to P-U in order to permit the construction of the proposed sewage treatment plant. The property for the percolation ponds and effluent 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 water treatment plant. The percolation ponds will contain check dams to stop underground water movement and flood control devices to re-route storm waters. As proposed, these percolation ponds 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 out. The applicant has requested financial arrangements be made for reimbursement of costs. The application does not include wells, pumps, or other appurtenances necessary to reclaim water. If water reclamation is desirable it would be the responsibility of the City or future users of the treatment plant to provide the means to reclaim and use the water. Also, the application does not include a fail safe system to shunt effluent that cannot be accommodated by the percolation ponds. The EIR indicates that a fail safe should be constructed when the plant capacity reaches 0.5 mgd. In response to the draft EIR the State Department of Health Services states that a fail safe be part of the initial construction. If a fail safe line is required, either now or at a future date, an additional environmental impact assessment would be necessary. The applicant is proposing a reversible force main and pumps from El Camino Real in order to connect the proposed treatment plant with existing sewer lines to Encina. This force main is ) 3 Page 6 primarily to allow the hookup of existing units to the proposed plant, but it can also be used as a fail safe system in the 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 Manager should be discussed. Specifically, this memorandum discusses three major policy issues, related to. the proposed satellite facility, which should be addressed by the Planning Commission prior to any action on the Zone Change or Precise Development Plan. They are: 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 staff recommendation, however administration 'issues will require City Council review and policy. In order to develop the staff recommendation and conditions, it was necessary for staff to make several assumptions. These assumptions are: 1) The site recommended by the EIR is appropriate. 2) That water reclamation is desirable for the City, and a system utilizing this water can be developed. 3) Growth management is desirable and should be implemented by this allocation of sewer permits. 4) Financial and construction responsibilities will be determined at a later date by the City Council prior to final approval of the plans. Since the recommendation and conditions have been developed according to these assumptions, any decision contrary to the assumptions may necessitate a change in the conditions, and possibly in the recommendation as presented by staff. In order to develop these conditions, staff reviewd the EIR'S for both the treatment plant (EIR-528) and General Plan Amendment (EIR-403), and also the Lake Calavera Hills Master Plan (MP-150(A)) C •) Page 7 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 utilization of the plant is based on the ability to utilize reclaimed water. This requirement must be guaranteed by applicants for sewer capacity prior to any approvals for their projects. EIR-528 indicates that it is desirable to utilize reclaimed water for agricultural use. Staff is recommending that the applicant construct all necessary wells, pumps and appurtenances 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 implementation of their recommended alternative requires' that the City define 400 acres of agricultural land for agricultural use. However, staff suggests this as an alternative condition since there are other acceptable means of using the water. Agriculture irrigation is just one form of Type I reclamation. Also acceptable is the use of water to irrigate public parks and school grounds and other open space areas that normally would use potable water. Not acceptable is the use of water on landscaping designed specifically to use reclaimed water and would not exist if only potable water were available (Type II). .Growth Management It is probable that the City will need some control on the rate of future development to qualify for Federal and State grants. Therefore staff recommends that a growth management program be adopted prior to operation of the plant that will allow the City to allocate the number of sewer permits issued and who shall receive them. t Administrative Issues Although administrative issues such as financial arrangements, size of service area, etc., are important to the City and the applicant, these issues are not planning matters and must be 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 mal- function. This line is not thought critical because of the c Page 8 backup systems planned for the plant and the fact that the aerobic processing is self-regenerating if it does die. The» other fail safe is to shunt treated water to ocean outfall if the percolation peds become saturated. Since this could happen in low demand periods, the effluent.fail safe line is considered necessary. • The EIR indicates that it will be necessary when the plant reaches the 0.5 mgd capacity. As a response to the draft EIR, the State Department of Health Services has requested that the fail safe be part of the initial construction. Since the later suggestion is from a State agency and construction and 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 the treatment plant to the intake of the Encina treatment plant, and will serve as a fail safe for both plant mal-function and excess effluent. Other Conditions of Approval Staff has also suggested many other conditions to provide proper development and operation of the plant to reduce adverse impacts as noted in the EIR and Lake Calaversr Hills Master Plan. Specifically, staff suggests that all machinery be placed under- ground and/or screened where practical, in order to minimize noise impacts. Also, staff recommends that the applicant secure a 100 yard odor easement completely around the plant that would prohibit residential development within this area. The easement would include land on Lake Calavera Hills site as well as adjacent property to the south. And finally, staff suggests conditions that will require minimal grading with sufficient erosion control and landscaping plans that will require fast. growing trees and shrubs for screening of the treatment facilities and ponds from public view. Staff suggested several changes to the original staff conditions at the 4/11/79 Planning Commission hearing. However, during the subsequent discussion other issues were addressed. Based on these discussions staff^ has redrafted the recommended conditions. Some of these new conditions drastically change the operations and the involvement of the applicant and the City. However, staff now believes that based on your desires and the EIR, these conditions are necessary. Many of these conditions reflect basic policy decisions that the City Council will be responsible for. Staff recommends these conditions knowing the City Council may wish modifications upon policy and administrative decisions. "J • Page 9 STAFF RECOMMENDATION Two separate motions and actions are required. One for the Zone Change and one for the Precise Development Plan. A. Staff recommends that the Planning Commission forward a recommendation of approval'of Zone Change 203, changing the zone from P-C to P-U, to the City Council based on the following findings: 1. The proposed Zone Change is consistent with the General Plan because: a) The General Plan Land Use Element designates this area for a public utility use. b) The Public Utility Zone implements the uses permitted in the utility designation of the General Plan. c) The Zone Change will have no adverse impacts on any other element of the General Plan. 2. It has been determined that the Zone Change will not result in any significant adverse impacts to the environment because: • ., a) EIR-528 has been certified by the City that includes measures to mitigate significant environmental impacts. b) The Public Utility Zone requires the approval of a Precise Development Plan which will incorporate the necessary mitigating measures as noted in EIR-528. 3. The proposed Zone Change is consistent with applicable City Public Facility Policies and Ordinances because: a) The Public Utility Zone permits the expansion and/or construction of public facilities. b) The eventual development of the site will be a waste water treatment and water reclamation facility. c.) All other public facilities will be available at time of development. B. Staff recommends that the Planning Commission forward a rec- ommendation of approval of Precise Development Plan No. 2 to the City Council based on the following findings and subject to the following conditions: Page 10 1. The proposed Precise Development Plan insures compatibility of the development with the General Plan because: a) The General Plan Land Use Element designates a public utility in this area. b) Subsequent development in the area served by the treatment plant will.be consistent with the General Plan because all zoning in the service area is consistent • with the General. Plan. 2. The proposed Precise Development Plan insures compatibility of the project with surrounding development because: a) Adequate measures are required as part of the approval to mitigate any adverse impacts the property may have. b) The location of the project in a valley will reduce adverse impacts to surrounding property. 3. It has been determined that the proposed Precise Development Plan will not result in any significant adverse impacts to the environment due to the following reasons: a) The conditions of approval, include mitigation measures outlined in EIR-528, that mitigate potential adverse environmental impacts. ' . b) The project will be subject to further review and approval by affected State and Federal agencies. Said review constitutes additional environmental impact 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. The study found the process both reliable and highly competive with respect to other secondary and advanced waste water treatment systems. 4. The proposed Precise Development Plan provides for public facilities as necessitated by development and/or approvals in the area: a) The proposed waste water treatment facility will serve as a complimentary use to the existing Encina sewage treatment plant by providing the City with additional sewer capacity. Page 11 b) The proposed reclamation facility, will reduce the amount of potable water necessary to serve this area in the future. c) Said reclamation system could allow for the preservation and continuation of agricultural production. d) The proposed treatment facility will be financed by those utilizing the facility. e) All other public facilities will be available at time of development. » CONDITIONS" General 1. Development of the site shall occur substantially as indicated in Exhibit "G" dated 4/4/79 and as shown on Exhibit A, dated 4/3/79, and A-l, B, D and F-l dated.Apr.il 11, 1979, for the wastewater treatment plant and Exhibit A-2, and E dated April 11, 1979, for the percolation ponds; except for modifications that may be contained herein and minor modifications not affecting plant operational efficiency that are approved by the Public Works Administrator. 2. In addition to the approval of the development indicated in the exhibits noted above, all other requirements and appur- tenances as listed in this approval shall be indicated on the final Precise Development Plan. Treatment Plant 3. The proposed treatment plant shall be constructed in one phase as a 1.2 mgd capacity plant with percolation ponds, effluent lines to serve ponds, and all other necessary appurtenances to operate the treatment plant. 4. A force main connecting the treatment facilities to the Encina line at El Camino Real shall be constructed as part of this project. Reclamation 5. All wells, pumps and other necessary appurtenances necessary to reclaim water from the percolation ponds shall be constructed as part of this project. 6. All effluent from the treatment plant shall be reclaimed and utilized for replacement bf existing or planned potable water (Type I). The amount of sewer capacity given to future developments will be related directly to the utilization of reclaimed water. Page 12 7. All users of the treatment plant shall provide a guaranteed method to utilize the reclaimed water prior to any approval pursuant to their projects. The water may be applied to agricultural uses, and landscaped portions of parks, schools, or private areas. The land guaranteed by utilizing the reclaimed water shall be in a ratio of not less than 1 acre of agricultural land for each 3,000 gallons of reclaimed water from the treatment plant or 1 acre of landscaped area for each 800 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 guaranteeing utilization and schedule of use of reclaimed water shall be submitted to the Planning Director The Planning Director in approving the land to be used for reclaimed water shall give preference to lands near the percolation beds or served by gravity flow in order to conserve energy required for pumping. 9. Any appurtenances not part of this application necessary for reclamation, storage, or use of-the plant effluent shall be . subject to a Conditional Use Permit. 10. A fail safe line from the treatment plant capable of shunting 1.2 mgd of either raw sewage or disposable effluent shall be constructed to the Encina treatment plant as part of the initial construction of the plant. •Administration 11. Upon completion of construction, the site and all structures and appurtenances for the treatment facilities, and percolation ponds as shown on approved exhibits, and a 30' access way from Tamarack Boulevard to the treatment facility shall be dedicated to the City of Carlsbad free of liens and encumbrances. 12. Responsibility for the financing and construction of the project shall be determined by the City prior to submittal of design plans. 13. The City shall adopt a method to allocate sewer permits for the use of the facilities prior to submittal of design plans. This allocation system may include, but not limited to; limitation on how many permits would be issued, the phasing of issuance of permits, a program to determine who shall receive such allocation, and the extent of the service area. 14. Access easements if necessary for operation and maintenance of the percolation ponds, effluent line and necessary appurtenances shall be granted to the City of Carlsbad by Lake Calavera Hills Associates. Page 13 15. The applicant shall agree to provide air necessary easements over the Lake Calavera Hills property to accommodate sewer service and reclamation for all other properties in the drainage basin. 16. No application for sewer permits, building permits, or any discretionary action shall be issued .by the City until the plant is operational and accepted by the City. Construction and Operation Details 4 17. The applicant shall submit master CC&R'S for the Lake Calavera Hills development holding the City harmless for any adverse effects the treatment plant may cause and such hold harmless agreement shall be recorded at the San Diego County Recorder's Office. 18. The applicant shall submit and process a parcel map creating separate lots for the trea-tment plant and percolation pond sites. 19. The Lake Calavera Hills Master Plan (MP-150(A) shall be amended as required by the approval of the Zone Change and Precise Development Plan. 20. The applicant shall secure easement rights for the City prohibiting the location of any habitable building within 100 yards from the outside edge o.f the service road of the treatment plant as indicated on Exhibit A-l. Tentative Map 76-12 and PUD-4 shall be amended if necessary showing such easement prior to final map and final PUD. 21. A design study for the facility to be submitted by Lake Calavera Hills Associates to the Public Works Administrator or his designee and shall include the following special studies: foundation, seismic safety, expansive soil, soil stability, and special engineering requirements, so that the project will be designed with, adequate safety margins. 22. Grading plans for all facilities shall be approved by the Public Works Administrator or his designee, prior to issuance of building permits. Such plan shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction pads and excavate for treatment, transport and disposal facilities. 23. Drainage facilities adjacent to the treatment plant and percolation ponds shall be designed to accommodate a 100 year flood and protect the treatment plant and percolation ponds. These facilities shall be constructed concurrently with grading activity. Page 14 24. Surfaces shall.be graded to direct runoff toward designed drainage facilities and away from any cut and fill slopes. 25. Land shall not be cleared of vegetation except immediately before grading, and grading should take place only during the dry season (April 16 to October 31). * 26. All graded slopes shall be stabilized for erosion control immediately following grading by the developer. 27. Landscape and irrigation plans shall be submitted for the approval of the Planning Director. The landscaping shall be designed to screen the treatment facilities and percolation ponds from surrounding properties.' Plans shall include fast growing tall trees as well as a combination of shrubs and ground cover. Plants shall be drought tolerant, fire retardent where necessary and easily maintained. The approved land- scaping and irrigation shall be fully installed prior to the City accepting the facilities. 28. Natural vegetation and existing eucalyptus trees shall be retained wherever possible. 29. All pumps, generators and other-noise producing mechanisms shall be placed underground and/or shielded in such a manner to reduce noise to a maximum of 55 dba at property line of all facilities.> 30. The applicant shall submit an archaeological investigation for the approval of the Planning Director that indicates the 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 Plans shall include means to mitigate any potential impacts noted in this investigation. 31. The access way from the plant to Tamarack shall be improved with a minimum of 20' wide asphalt concrete driveway and approved by the City Engineer and Fire Marshall.« 32. A fire hydrant shall be placed on the site and approved by the Fire Marshall. 33. An asphalt concrete driveway shall be provided to the percolation ponds. The locaton, dimension and construction of the driveway shall be to the satisfaction of the City Engineer. . • v . l Q Page 15 34. The equestrian.trail through the treatment plant site as shown on Exhibit A-l dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowner's Association. The portion of the equestrian trail located between the treatment plant and the percolation ponds shall be placed within the effluent line easement, and shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowner's Association. The CC&R'S for Lake Calavera Hills shall contain this condition. 35. Final plans for treatment facilities and percolation ponds shall indicate lighting to provide adequate night time operations. Such lighting shall be designed in a manner so that nearby residences or public streets are not adversely affected. The lighting plan shall be subject to the approval of the Planning Director. . 36. The treatment facility, percolation ponds and any other mechanical appurtenances shall be totally enclosed by a fence a minimum of 6' in height and designed for security purposes, subject to the requirements of the State Water Quality Control Board. 37. The applicant shall provide a method approved by the Public Works Administrator for the disposal of sludge created by the treatment plant. • 38. All equipment proposed.to be placed on any roof shall be screened from public and subject to the approval of the Planning Director. 39. After approval, the applicant shall submit a reproducible copy of the Precise Development Plan which incorporates all requirements of the approval to the City Manager for signature. Prior to signing the final Precise Development Plan, the City Manager shall determine that all applicable requirements have been incorporated into the plan and that all conditions, of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Development Plan shall be the official site layout plan for the property and shall be attached to any ap'plication for a building permit on the subject- property. Attachments Location Map Letter from Roy Ward dated 4/4/79 Memorandum from James Hagaman and Ron Beckman to the City Manager dated 3/22/79 Memorandum regarding population projections. Matrix on EIR requirements. BP/BM/ar 4/17/79 r lake calavera hills percolation pond cor bin • yamaf uji and partners, inc. architecture - planning futures public park site (Sac.)future / elementary school site (K) SITE PLAN