Loading...
HomeMy WebLinkAbout1979-07-23; City Council; 5740-2; 2nd phase sewer allocation systemc ,L 1 c CITY OF CARLSBAD JNITIAL AGENDA BILL NO: 5 7v 0-2 *s Dept. Hd. * DATE : July 23, 1979 City Atty. \L@ City Mgr. t;-\ DEPARTMENT: Planning - 4 SUBJECT: SECOND PHASE SEWER ALLOCATION SYSTEM STATEMENT OF THE MATTER: Attached is the second phase sewer allocation draft as prepared by the Sewer Committee and reviewed by the City Council. This draft has been submitted to the public for their review and comments. Attached is a memo to the City Manager explaining briefly the differences between the second phase and first phase allocation and'giving some of the highlights. Several letters from citizens containing comments on the . second phase.system have been received and are attached. . BXHIBITS Draft, Second Phase Sewer Allocation System 'Memo from James Hagaman dated July 17, 1979 Letter from M/M T.A. Kuszynski, 7-13-79 Letter frsm Lary W. Breitbarth, 7-17-79 Letter from Elaine Judd, 7-12-79 Letter from Kamar Construction, 7-20-79 RE C OMM E N D A T I 0 N If the City Council is satisfied with the draft allocation system, yo; should direct the City Attorney to prepare documents ADOPTING the second phase 'sewer allocation system. COUNCIL ACTION: . 7-23-79 Council returned the matter to the sewer sub-cornnittee for additional work to exclude the lottery and to attempt to develop a method for determining the allocation. Council appointed Councilman Skotnickl to the sewer sub-committee. FORM - PLANNING 79 1 n. 4 . - -. , L. MEMORANDUM DATE : TO : FROM: SUBJECT : Attached has been comment. July 17, 1979 Paul Bussey, City Manager James Hagaman, Planning Director SECOND PHASE SEWER ALLOCATION is the draft second phase sewer allocation which distributed to the public for their review and The draft was prepared by the Sewer Allocation Committee with suggested changes by the City Council. It is understood that the City Council as a whole is not yet totally in agreement with this proposal, however, they do agree it is in sufficient form for public input and review. The draft second phase sewer allocation is based on the first phase allocation and therefore is very similar. However, there are important differences that need to be recognized. Generally the second phase sewer allocation as drafted provides a means to allocate sewer by a use category. There are some basic requirements to be met for application. It provides for a lottery to decide priority in each category where there are more applications than sewer available and it provides sufficient time to process either building permits or discretionary actions. More particularly the highlights of this draft and some of the differences between the second phase and the first phase are as follows: Objectives: The draft second phase allows applicatons for projects that will have to construct public facilities whereas the first phase requires that all public facilities already be existing, i.e. streets, drainage, sewer lines, etc. Purpose and Intent: The draft second phase permits application tor all proposals whereas the first phase was directed to specific hardship cases. Land Use Distribution: Basically the second phase draft has the same allocation distribution per land use as the first phase, but there are significant changes. The percentage for industrial remains at 30%, however, industry is divided into expansion of exiting industries and new industries. This will provide sewer for some important industries in the City that could be forced to move if they can't expand. I. c I c. . General Commercial remains the same, however, office com- mercial has been increased from 5% to 10%. It appears that there is now a greater demand for office space. The single family residential category remains the same at 20%, except that it has been further divided into 10% for projects with 4 or less units and 10% for those with more than 4 to 25 or less units. This benefits both small and large builders since each have reserved allocation. Multiple family resi- dential remains the same at 10%. Community facility remains the same at 5%. Contingency however has been reduced from 15% to 10% and further divided into 2% for contingency and 8% for the redevelopment area. It was felt that with existing contingency (see report from Public Works Administrator) and the general need in redevelopment area that this modification was acceptable and desirable. For the redevelopment area no application will be accepted until a plan is adopted for the Village Redevelopment Project Area. The core area will have first priority. Only after six months from adoption of the redevelopment plan and/or alloca- tion program, will applications be accepted from the rest of the redevelopment area. As in the first phase allocation, the community, contingency and redevelopment allocation will be on a case-by-case basis determined by the City Council. Procedures for Applying: The second phase has four qualifiers that must be met before application is accepted. The first qualifier requires that residential projects must be in the infill area or a logical extension of a developed area. It will be the responsibility of the City Council to determine if development is a logical extension. This hopefully will not be difficult because most developers will be able to make this determination prior to making application, especially with staff consultation. The second qualifier excludes applications for projects with either existing or approved septic systems. It is intended that this will exclude such developments as existing warehouses on septic to change to a more intensive use by switching to sewer. As written the qualifier could indirectly affect applications fQr developments that currently are on septic systems and wish to expand, and such expansion would require building over required percolation areas. The third qualifier requires that the projects will not require public costs. .2 .. 8 . *The fourth qualifier limits the size of the project to a certain amount of EDU's in each use category. These limitations will prohibit large projects from applying. This will provide a greater chance for small projects to be successful in acquiring sewer. It may be possible for large projects to develop in phases. Evaluation: After accepting the applications, staff will prepare a report indicating which applications met the four qualifiers. The City Council at a public hearing shall resolve any disagreements between the applicant and staff in regard to the qualifications. The City Council shall then develop a list of qualified projects. If there are more applications than EDU'S available in a category, the City Council shall by lottery determine the priorty within such categories. Those applications above the cutoff line within each category shall constitute authorization to be exempted from the planning and building moratoriums. This in itself does not authorize allocation. The City Council will be under no obligation to allocate all or any part of the available sewer. Any unused allocation shall remain in reserve. Permits and Fees: Successful applications will be given sufficient time to acquire building permits and/or be granted discretionary permits if such are required. Planning Director BP : ar 7/17/79 .3 The sewer allocati-on system contained herein is intended to provide a franiework within whj-ch the City Cocnci.1 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. F. To accomiodate reasonable amounts of development of vacant To renew and maintain existing urban areas. 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. of Carlsbad which are located within the Carlsbad sewer service area. B. This sewer allocation system is for those portions of the City - . I% . .. \$ ,. I a- 117. Land Use Distribution: - gory is established for the second phase sewer allocation system. ~ The foll.owing distribution of sewer capacity by land use cate- A. B. C. D. E. F. G. Industrial 1. Expansion of exi.sting bu. s ine s s 2. New uses Commercial Land Use 1. General 2. Office Single Family Kesidential 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 Multiple Family Kesidential Land Use (residential density of greater than 7500 sq. Et. of land per unit) -. Community facilities Percentage to be applied _y to available EDU's 15% 15% 15% 10% 10% 10% 10% 5% 4 (parks, schools, governmental buildings, churches, hospitals and airports) (failing septic tanks, comu- nity development rehabilita- tion programs, capital improvement programs, other exceptions to sewer moratorium contained in - Section 18.04.170 of Carlsbad Municipal Code) Contingency 2% Projects in the Redevelopment area 8% 1. No applications will be accepted until a plan is adopted for the Village Redevelopment Pro j ec t Area. -2- 2. Applications for the initial allocation will not be accepted from the "core area"(Exhibit B) for a period of 6 months. period, the Village Redevelop- ment Project Area Committee will be asked for recommendations re- garding opening applications to the entire project area (Exhibit. E). 3. At the end of the 6 month " Applications for sewer permits will be divided by use in accordance with the above categories and applicant is limited to one category €or any one project. The Community Facilities and Conti.ngency categories axe designed to reserve sewer capacity rather then allocating fixed amounts 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 c-ategories 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 System 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 Gf 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 qualifications are also intended to screen applications in a pre- liminary 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 be found to be a logical extension of developed areas located outside the infill area and must be proposed for development in a manner similar to the developed areas to which they are ad j acen t . -3- -, 2.. No existing projects with septic tanks, or proposed projects which have received and been approved for a septic tank may apply for sewer under the allocation system. 3. The project shall be on property where all required public facLlitles arc 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. rt. Applications for a project under this system shall be limited as follows : New Industiral, 25 EDUs Commercial Office, 10 EDUs Commercial General, 20 EDUs Residential, 25 EDUs Ho 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. (Exhibit B) b) Questionnaires for qualification. (Exhibit C) 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 t 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. -4- - . '\ . .* Vi. Staff Evaluztion After the closing date Em 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 applicstion 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 coimi.ttee meet the qualifications of Section V. The project shall be placed within the appropriate land use categories. VII. City Couzlcil Action The City Clerk shall set a public hearing before the City Council to consider the staff committee report. After completion of the public hearing on the report, the Council shall first consider and resolve any disagreenents 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 shal.1 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 draw5ng shall determine the priority within each category. A cut-off line will be established that is equal to or less than EDU's available. men 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 plannicg and building moratorium pur- suant to Sections 21.49.030 and 18.05.030 of the Carlsbad Nunicipal Code. The Council is under no obligation to allocate a11 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 f, yorn 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 all.ocation system shall be required to perform in the following manner in order to obtain and retain a sewer permit: A. For property requiring discretionary permits, i.e., tenta- tive tract map, PUD, condo permit, variance, CUP, etc., -5- .. B. C. D. E. F. G. 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 withir, 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. Applicant shall also pay a Public Facility fee as may be adopted by the City Council. 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 clays and be diligently pursued without interruption unttl 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 vold. All fees shall be rion-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 -6- ." .- '. -. fact be available at the time of building permit. Sew'er which is available when an Epplicant applies for discre- tionary approval may not be available when application is made for building permit. The City may not exceed its capacity rights i.n the plant, end 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.alloeation shall be auternaticzlly revoked and the capacity shall be available for reallocation as the Ceurtcil may determine. In additLon to the above, the second phase sewer allocation system shall include the following: Exhibit A - Infill Map Exhibit 13 - Application for Sewer Allocation Permit Exhibit C - Questionnarire for Application Qualifications Exhibit D - Redevelopment - Cove Area Exhibit E - Redevelopment - Project Area. JCH : ms 7/11/79 Revised 7/13/79 -7- \. -. '. *. . EXHIBIT B * 09/01/77 f ' . . .1 APPLICATION FOR SEWER ALLOCATION PERMIT # b i . ... .. Date .. (Please'Print or Type) - .. .- 1. Description of Project (Residential, Commercial, Industrial.';'. no. of units, etc.): *. 4 .. .. .. .. 1 ' : 5 " . 2. Location of Project: The subject property is generally located . on the side of between 1 and *. . .. 3, Assessor's Number: Book Page Parcels .. . Book - Page : Parcels (Please list others at bottom of page). -. 4. Owner(s): .. Name Address City State Zip Phone a. .. .. ..' .. .. .. .. .. . . 5. -Applicant: .. Name Address City State Zip Phone . . .' .Representing (Company or Corp.): I hereby declare that all information contained within this appli- cation and the accompanyi.ng' attachments have been READ, UNDERSTOOD, AND HAVE BEEN ANSWERED CORRECTLY TO TIE BEST OF MY ABILITY. , * Applj.cant' s Signature X . .* t ._ -I .. .. I. .~ . ,. * Exhibit.2 Questionnaire for Application Qualifications followi.ng 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 : 3, WiiL your project require further discretionary permits? If so, what are these permits: 4. ' 5, 6. I 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? 7. Have earlier phases of the project been approved? Degree of completion of earlier phases 8. 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. 1 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. .. .. ..... .. ... .... .. - I.. . * ._ .. ..... ..... .... ..... *. . .. .. .. ....... .. . . -.... .. !: . .' * .) .- : . ,' e. .* . ...... .... ..... ! ... ..... .' -. .. ... ..* .. am.. , . 1. .. .'* b 8 .- -* .. c. .. ... ... : . .. .. ._ .* ... . 0- .. .. . - ;. . \ ., * .' . .* . t *: :. ::: , , ..- . . -. , '. b .... - . . :. ...... . .' . ,*. f , . . .I . ;, e.-. * b . I' - I 8 .* *. I * ... .. - -2 - ., ' Ldry W. BreitLartL, D.D.S. E04 ELM AVENUE CARLSBAD CALIFORNIA 92008 TELEPHONE 729.090 I July 16, 1979 Hayor Eon Packard Carlsbad' City Hall Carlrbad, California 92008 RE C E H V E D JUL 17 1979 CITY OF CARLSBAD Planning Depart men t Dou Hr. Mayor: I hrvo reuently reviewed the City's proposed Second Phase Sewer Allouatlon System and I am delighted to see that pro- grerr is finally being made in this troublesome area. I Ae I u sure you are aware, I have been diligently working toward the realization of a dream-the building of a medical- dontal building at 1291 Las Flores, Carlsbad. The planning of this project has been underway for about one year. In October, 1978 I made formal application for E.U.U.s (throo) of aeuer capacity. At that time there were none available and I was Informed by the city engineering department that if I wutod to proaeed with the project I should consider exploring building an on-site septic system. I have spent the last six month8 running percolation tests and processing permits with the aounty and City, Finally, on May 21, 1979 I received the nec88rary permits to build on a septic system. Having acquired the permit, I now find that under Section V paragraph 2 of the Phase I1 Allocation Plan, I am not allowed to apply for the allocation of a sewer connection. I am being directly penalized because I have taken the time and initiative to acquire a septic permit. This I believe is contrary to the City'o own obJective of allocating the "limited amount of sewer capacity fairly and equitably among competing demands." 'Tqe pene3ty imposed on me is tnat the presence of the septic pit and 100s back-up system makes It virtually impossible to ooiply with the Planning Department's site plan requirements. It almo repreeents an unnecessary expenditure of $12,000.00 to $1s,o0O,oo* I rlnuar8ly hope that the Phase I1 proposal will be amended to allow oitizen equal access to the pending sewer capacity. That ~OOM, to me, the most logical and equitable approach, and on0 whfch the citizen6 of Carlsbad will applaud. Tjmnk you for your cooperation and consideration in this matter. n Lurr il, bdltbarth, D.D.S. * P .- P. 0. Box 188, Sun Marcos, Calif. 92069. .U.S.A. (724) 744-0363 E1 Oasis Hawaiian Apartments ‘rn, “rancho la costa” ’= -b+ “cacatua L unicornio streets’ 9 .- Carlsbad, California 92008 Jacuzzi - Sauna Body Conditioning Hobby Shop Tennis - Pool Theatre Sailing - Skiing RECEIVED JUL 17 1979 CITY Of CARLSBAC July 12, 1979 Pbnnlng Department Mr. James C. Hagaman 1200 Elm Avenue Earlsbad, CA. 92008 Re: City of Carlsbad proposed sewer allocation system Dear Mr. Hagaman: Thank you for your letter regarding the proposed sewer allocation system. I will be happy to attend the public hearing on July 23. Thank you. Yours very truly, Elains Judd cc: Mr. Frank J. Malter, Sr. KABAR CONSTRUITION CO., Inc. BUILDERS and DEVELOPERS 325 Elm Avenue Post Office Box 1 155 Carlsbad, California 92008 Phone 714/729-7911 Contractor’s License No. 161995 i’dayor Packard and Eonorable City Council 1200 Elm Avenue Carlsbad, California gd08 n Ire: Second Phase Sewer Allocations Gentlemen: Pursuant to the memo received from the Planning Department, we have reviewed the preliminary working paper for the proposed Second Phase Sewer Allocations. Accordingly we would like to make the following comments: I. The proposal that a lottery should be used is totally repugnant to us. We believe that developments should be weighed upon their merits and their benefits to the City, k lottery sys- tem is an abdiction of the discretionary process by the City Council, The person who has a quality development which would enhance the City and by the luck of the draw fail to obtain sewer allocationg, is in an unfair situation, This person could potentially draw forever without achieving sewer hookups. k lottery system would also discourage investment within the cornmunity by outside developers. Who for instance would want to take a chance on making a capital in- vestment in land for a first rate restaurant, motel or other revenue producing venture, whose success or failure would depend on the draw rather than the merits of the development? 2. An additional comment on Fage 6 relating to projects requirinp; discretionary action that are within the coastal zone. Perhaps a section should be added to Section 8, Permits and Yees, that would extend the processing time for a per- iod necessary to process through the Coastal Commission permit process. .. Page Two .tie: Second Phase Sewer Allocations --. July 20, 1979 Thank you for the opportunity to review and comment on Very Truly YOUICS, cc to: Jim Hagaman, Planning Department