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HomeMy WebLinkAbout1979-07-03; City Council; 5740-1; 2nd phase sewer allocation systemCITY OF CARLSBAD AGENDA BILL N0,5740-Supplement 1 DATE: July 3. 1979 DEPARTMENT: Planning Department Initial: ., c. Atty.y_M - Subject: SECOND PHASE SEFlER ALLOCATION SYSTEPi Statement of the Matter By a memorandum dated January 18, 1979, the City Council Sewer Committee reported on their tentative recommendations for the Second Phase Sewer Allocation System. After discussion, the City Council directed the Staff to prepare a draft of the second phase-system. Committee, and further instructions to Staff, we have prepared a draft as directed. After additional meetings of the If the City Council is satisfied with the draft, it is suggested, consistent with previous Council actions, that the matter be set for public hearing. Exhibit Draft of Second Phase Sewer Allocation System. Recommendation If the City Council concurs with the attached draft, your action is to, by motion, set the matter to public hearing. Council Action - -- 7-3-79.: Council directed that a public hearing be noticed for ' July 23, 1979 at T:00 P.M. CITY OF CARLSBAD SECOND PHASE SEWER ALLOCATION SYSTEM I. Obiectives The sewer allocation system contained herein is intended to provide a framework within which the City Council can make some judgments regarding the allocation of a limited amount of sewer capacity which may become available. This system is designed to meet the following City objectives: A. To fairly and equitably allocate a limited amount of sewer capacity among competing demands. B. To coordinate development with needed public improvements. C. To maintain and enhance levels of City services (infilling). D. To preserve and/or enhance the efficiency of service delivery systems to allow time to provide public facilities adequate to meet expanded service needs. E. To renew and maintain existing urban areas. F. To accommodate reasonable amounts of development of vacant land within existing urban areas. 11. Available Sewer Capacity: It is estimated that the second phase sewer allocation system will have equivalent dwelling units and gallons of sewer treatment capacity to be considered for allocation. This capacity may be distributed on the basis of the criteria contained within this document. The amount of sewer capacity required for any particular project shall be determined pursuant to Section 13.08.081 of the Carlsbad Municipal Code. 111. Purpose and Intent A. The guiding criteria for the application and interpretation of this system shall be to maximize the overall community benefits for the City of Carlsbad. B. This sewer allocation system is for those portions of the City of Carlsbad which are located within the Carlsbad sewer service area. IV. Land Use Distribution: The following distribution of sewer capacity by land use cate- gory is established for the second phase sewer allocation system. A. Industrial 1. Expansion of existing business 2. New uses B. Commercial Land Use 1. General 2. Office C. Single Family Residential Land Use (residential density of 7500 sq. ft. or land per unit or less) 1. Small projects - 4 or 2. Projects of more than less units 4 units Percentage to be applied to available EDU's 15% 15% 15% 10% 10% 10% D. Multiple Family Residential Land Use (residential density of greater than 7500 sq. ft. of land per unit) 10% E. Community facilities 5% (parks, schools, governmental buildings, churches, hospitals and airports) F. Contingency 10% (failing septic tanks, conunu- nity development rehabilita- tion programs, projects in the redevelopment area, capital improvement programs, other exceptions to sewer moratorium contained in Section 18.04.170 of Carlsbad Municipal Code) Applications for sewer permits will be divided by use in accordance with the above categories and applicant is limited to one category for any one project. The Community Facilities and Contingency categories are designed to reserve sewer capacity rather than allocating fixed amounts -2- ..I immediately as the other land use categories. It is anticipated that between now and when optimum sewer capacity is available, there will be a continuous need for capacity in the various land uses identified in these categories. It may be necessary to establish a separate allocation system for these categories if a high demand occurs; however, at this time, it is anticipated that these will be handled on an "as needed" basis by a case-by-case evaluation by the City Council. The only exception to the City Council allocating these categories based on community need and the public welfare, is that the City Manager shall have authority to issue sewer connection permits for failing septic tank systems. V. Procedures for Applying for Sewer Permits Under the Second Phase Allocation Svstem It is assumed that there will be more applications for sewer allocations than there is available capacity. Therefore, four qualifications are established which must be satisfied at the time of application in order for the application to be considered. It is the judgment of the City Council that only projects which can meet these qualifications should be eligible to participate in the allocation under the second sewer allocation. These quali- fications are also intended to screen applications in a preliminary way to provide a reasonable guide to save unnecessary engineering and design costs for a proposed project where there is little chance of the project qualifying for a sewer allocation permit. The qualifications are as follows: 1. To be eligible residential projects must be within the infill area as shown on map marked Exhibit A, attached hereto, or found to be a logical extension of areas located outside the infill area which are developed in a manner similar to areas within the infill area. 2. No existing projects with septic tanks, or proposed projects which can be approved for a septic tank may apply for sewer under the allocation system. 3. The project shall be on property where all required public facilities are existing or guaranteed, or can be guaranteed as a condition of an allocation, and must not create a need for public costs for City facilities to serve the site, such as streets, sewers, etc. 4. Applications for a project under this system shall be limited as follows: Industrial, 25 EDU's Commercial Office, 10 EDU's -3- Commercial General, 20 EDU's Residential, 25 EDU's No allocation in excess of these limits will be made to any one project . Applicants for projects which apparently qualify under the cate- gories listed above, shall then prepare the following information as the official application for a second phase sewer allocation permit. 1. Documents Required for Submittal: The following documents are required to provide suffi- cient information to accurately rate the application, and to determine if the proposal meets Code requirements. Errors or omissions may cause disqualification. a) Application. b) Questionnaires for qualification. c) Location map of project site showing existing public facilities, or a letter indicating the degree of completion of the project. d) Application Fees: The submittal of a processing fee in the amount of: $25.00 for community facilities $25.00 for single family residence $50.00 for multiple family residence $50.00 for commercial or industrial uses. The deadline for filing applications is the close of the business day on . Applications shall be filed with the Planning Department. Applications may not be made for the contingency category as a part of the initial allocation under the second phase system. VI. Staff Evaluation After the closing date for receipt of applications a staff com- mittee consisting of the Public Works Administrator, City Engineer, Director of Building and Housing and the Director of Planning, shall evaluate each application in accordance with the provisions of this section. The committee shall prepare a report for the City Council. The report shall show which projects in the judg- ment of the committee meet the qualifications of Section V. The project shall be placed within the appropriate land use categories. VII. City Council Action The City Clerk shall set a public hearing before the City Council to consider the staff committee report. After completion of the -4- public hearing on the report, the Council shall first consider and resolve any disagreements between applicants and staff in regard to the qualifications of Section V. The Council shall then eliminate from further consideration for permits under this second phase allocation all projects which do not meet the Section V qualifications. The Council shall then develop a list of qualified projects within each land use category. In land use categories that con- tain more requests for EDU's than available, the Council shall assign a number to each application, and by a fair and impartial lottery drawing shall determine the priority within each category. A cut-off line will be established that is equal to or less than EDU's available. When the Council is satisfied with the list they may adopt it. Upon approval inclusion of a project above the cut-off line on the list shall constitute authorization to exempt the project from the planning and building moratorium pur- suant to Sections 21.49.030 and 18.05.030 of the Carlsbad Municipal Code. The Council is under no obligation to allocate all or any part of the available sewer capacity pursuant to this system. The Council may use unallocated capacity within a subcategory for another use within the same general category or may move capacity from cate- gory to category. The Council reserves the right to establish a cut-off within each land use category as they consider necessary in order to ensure the available capacity is used in the best interests of the citizens of Carlsbad. Any capacity which is not allocated as a part of this second phase or which is allocated but not used, shall remain in reserve to be reallocated as the Council may determine. VIII. Permits and Fees The successful applicant within the allocation system shall be required to perform in the following manner in order to obtain and A. B. C. - retain a sewer permit: For property requiring discretionary permits, i.e., tenta- tive tract map, PUD, condo permit, variance, CUP, etc., application for such permit shall be filed within sixty days from City Council action approving the list of projects eligible for sewer allocation. The applicant must dili- gently pursue his permits to a final decision. Application for building permit must be filed within sixty days after Council action approving the list of eligible projects for those projects not requiring further discre- tionary permits, or within 45 days after final City action on the discretionary permit. Concurrently with the issuance of a building permit the applicant shall obtain a sewer connection and pay the required fee . -5- D. E. F. G. The applicant must take out his building, sewer and other necessary permits within 20 days after mailing of written notice by the City that plan check for the building permit is complete and that the building permit is ready for issuance. If revisions to the plans are required they shall be made within such time limits as the City Manager may establish. After issuance of a sewer permit by the Engineering Depart- ment, construction shall commence within 120 days and be diligently pursued without interruption until completed. If construction does not progress in a reasonably timely way, or is interrupted for any period in excess of 120 days the building permit and sewer permit will be void. All fees shall be non-refundable. If a building permit is voided, a new building permit may be obtained which will only be issued if the project quali- fies for a new sewer allocation pursuant to such system that the Council may adopt in the future. Sewer permits shall not be transferred to another project. Failure to comply with these requirements will void the allocation. NOTE TO APPLICANTS This second phase sewer allocation system is adopted based on an assumption that the City will have available some additional sewer capacity. This assumption is based on engineers' estimates and the resolution of litigation. The true facts are difficult to determine, the assumptions which underlie the system are sub- ject to change, and the litigation settlement may not be finally concluded. There is no guarantee that a project, which apparently qualifies for an allocation pursuant to this system, will actually receive a sewer permit. Further, there is no guarantee that the issuance of a sewer allocation permit will ensure that capacity will in fact be available at the time of building permit or occupancy. Sewer which is available when an applicant applies for discre- tionary approval may not be available when application is made for building permit. The City may not exceed its capacity rights in the plant, and must be governed by the City Councils' deter- mination of availability of capacity at the time the hookup is made. The fact that an allocation is made for a project requir- ing discretionary approvals shall have no effect on the City's consideration of such approvals. If the approvals are not given within the time limits of this section the allocation shall be automatically revoked and the capacity shall be available for reallocation as the Council may determine. -6- In addition to the above, the second phase sewer allocation system shall include the following: Exhibit A - Infill Map Exhibit B - Application for Sewer Allocation Permit Exhibit C - Questionnaire for Application Qualifications JCH: jd 6/22/79 -7- . .. * .r . . ’ b’ ._ 1. 2. 3. 4. 5. I *. APPLICATION FOR (Please 'Print or SEWER ALLOCATION Type) PERMIT # Date EXHIBIT B 09/01/77 Description of Project (Residential, Commercial, Industrial.':. I. i no. of units, etc.): / .. .. Location of Project: The subject property is generally located on the side of between and Assessor's Number: Book Page Parcels Book Page Parcels (Please list others at bo-ttom of page). Owner (s) : Name Address City State Zip Phone Applicant: .. Name Address City State Zip Phone . Representing (Company or Corp. ) : hereby declare that all information contained within this appli- cation and the accompanying'attachments have been READ, UNDERSTOOD, AND HAVE BEEN ANSWERED CORRECTLY TO THE BEST OF MY ABILITY. . Applicant's Signature X The 1. 2. 3. 4. 5. 6. 7. 8. Questionnaire for Application Qualifications following questions must be answered concerning your project: Is the location of your project inside the infill boundaries as approved by Council? If not in the infill area, what existing development is your project adjacent to? Approximate distance between the adjacent development and your project : Will your project require further discretionary permits? If so, what are these permits: Is there a septic system presently serving or approved for the project or site? How many dwelling units are proposed or how many equivalent dwelling units are required? What previous approvals has the City approved for the project or site? Have earlier phases of the project been approved? Degree of completion of earlier phases Will the project create any public costs for City facilities such as streets, sewers, etc.? To the best of my knowledge my proposed project will not require any public costs for City facilities to service the site, such as streets, sewers, etc. I understand that if it is determined by City staff that my project will require such public costs, my appli- cation will be disqualified from consideration and my application fees will not be refunded. I hereby certify that if an allocaton is made, I am ready and able to pursue the project to completion in accordance with the time limits of the second phase system. Applicant's Signature LOG NO. DATE : JULY 3, 1979 TO : CITY MANAGER FROM: Planning Director SUBJECT: SECOND PHASE SEWER ALLOCATION SYSTEM-REDEVELOPMENT This memo is provided as follow-up to our June 29, 1979 meeting with Mayor Packard, Jack Henthorn, Redevelopment Coordinator, Mr. Robert Nielsen and Mr. Jeffrey Chandler of the Village Rede- velopment Project Area Committee which was held for purposes of discussing the Draft Second Phase Sewer Allocation System. The Project Area Committee representatives noted that they felt that "redevelopment" should be treated as a separate category and - not included as a part of the "Contingency" category, Item IV.F., as proposed. They felt that this would ensure that the redevelopment project area entitlement would be protected for exclusive use within the area. Additional concern was voiced as to whether the initial allocation, by virtue of its limited size, should be available to the total project area or be restricted to encourage activity in a specific area. During the discussion it was noted that the bulk of.,short- term public activity was programmed to what the draft plan calls the "core area." Recommendation Based upon the content of the aforementioned meeting, it is recommended that the following proposed changes be presented to Council for its consideration: a. Reduction of the "Contingency" (1V.F) category from 10% to 2%. b. Creation of a "Redevelopment" category with an assigned allocation percentage of 8% with the following con- ditions: 1. No applications will be accepted until a plan is adopted for the Village Redevelopment Pro- ] ec t Area. 2. Applications for the initial allocation will be accepted from the "core area" (attachment 1) only for a period of 6 months. 3. At the end of the 6 month period, the Village Redevelopment Project Area Committee will be asked for recommendations regarding opening applications to the entire project area (attach- ment 2). July 3, 1979 To City Manager Page 2 These changes are proposed anticipating that projects from within the Redevelopment Project Area but which are outside of the "core area", would be eligible to apply for any re- maining EDU's in any other appropriate category. However, - no applications would be accepted.from the project area until a plan is adopted. / // Planning Diregtor JH : gb Y Attachment c .= .. .. .. ., .. .. .. - -. . .- .. il . .. .- , ._ .. , .. I I - * *ATTACHMENT I . .. .. : .