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HomeMy WebLinkAbout1979-08-07; City Council; 5619-1; Sewer allocation request for CA AquacultureCITY OF CARLSBAD INITIAL ft) AGENDA BILL NO: 5619", Supplement No. 1 Dept. Hd. /J '"""'" ;r~ ~"~" -1~ """' ~ """""" " ^ " ' '- "• • -- """ ** * DATE: August 7, 1979 City Atty. -VDEPARTMENT: Planning City Mgr. *\ • SUBJECT:: SEWER ALLOCATION REQUEST FOR CALIFORNIA AQUACULTURE, INC. STATEMENT OF THE MATTER: At your October 17, 1978, meeting you considered various requests for sewer allocation outside of the redevelopment area. One of these requests was for an abalone farm proposed by California Aquaculture, Inc. This farm is proposed to be located on the north shore of the Agua Hedionda Lagoon, between Carlsbad Boulevard and the railroad right-of-way. At that time you denied the request for sewer allocation for California Aquaculture because they could not get all their permits within the alloted time of one year. Since that time the zone code'has been modified.to permit aquaculture as a use permitted by conditional use permit in any zone. In your discussion on October 17, 1978, you indicated that California Aquaculture should receive special consideration in the future. However in your motion you indicated sewer not be allocated until a new allocation system is implemented. Since the City is presently considering the second phase allocation the City Council may wish to encourage the applicant to apply under the industrial use category. The City Engineer has determined that the present plan (7/10/79) will require 2.15 edu's. There is a report on the agenda from the Public Works Administrator indicating available edu's. EXHIBITS Letter received July 13, 1979, from Mathew Lapota § Associates Excerpts of City Council Minutes dated October 17, 1979 RECOMMENDATION Deny request for sewer allocation at this time, and inform Mr. Lapota that he should make application for sewer allocation when the second phase allocation program is adopted. Council Action: 8-7-79 Council denied the request for sewer allocation at this time, and directed that Mr. Lapota be informed of the opportunity to make application for sewer allocation when the second phase allocation system is adopted. FORM - PLANNING 79 MATHEW LAPOTA & ASSOCIATES ARCHITECTS and ENGINEERS 470 SOUTH SAN VICENTE BOULEVARD LOS ANGELES, CALIFORNIA 90048 • 653-9925 MR. PAUL BUSSEY City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Request For Sewer Allocation For California Aquaculture, Inc. Dear Sir: As you may recall, on September 22, 1978 (ENCLOSURE A) California Aquaculture, Inc. submitted a request to the City of Carlsbad for sewer capacity in connection with a proposed aquaculture project to be located on the outer lagoon of Agua Hedionda. A copy of California Aquaculture's September 22, 1978 request is attached hereto for your convenience. While the Carlsbad City Council decided not to allocate any sewer capacity in response to our request, we were informed by your letter dated October 23, 1978, a copy of which is also attached hereto, that a majority of the City Council was sympathetic to the project and would entertain another request for sewer capacity when it became clear that various planning matters related to the proposed project had been worked out. In view of the fact that most of the matters have now been resolved, we hereby renew our request, on behalf of California Aquaculture, Inc., for sewer capacity appropriate for our needs. We refer you to our letter of September 22, 1978 for a description of our proposed aquaculture project and the amount of sewer capacity which we feel is necessary to implement the project. During the last year, discussions with personnel from local, state, and federal agencies disclosed that a number of permits and approvals had to be obtained by California Aquacul- ture before the proposed facility on Agua Hedionda could be built and aquaculture operations begun. As an essential preliminary to project realization, it was necessary to obtain a zoning change so as to allow aquacultural activities to be carried on at the project site. As a result of recommendations by the Planning Commission'arid its staff, a; Zone Code Amendment (ZCA-106) was proposed to allow aquaculture as a permitted use in all zones pursuant to a Conditional Use Permit. After several public hearings on the matter, the ZCA was adopted by the City Council and, we understand, became effective on June 15, 1979. As a result, a major prerequisite to project realization was satisfied. During the period in which the zoning change was being considered, several other prerequisites for the implement- ation of the project were fulfilled. Application was made for a National Pollution Discharge Elimination System Permit and such application is presently being processed by the Regional Water Quality Control Board. On the basis of conversations with Board personnel, and in view of the tentative discharge limits - 2 - proposed by the Board and promulgated for review by other involved public agencies, we expect that a Discharge Permit will be granted within the next few months. Meetings with San Diego Gas and Electric personnel have produced an agreement whereby both the need to dredge the Agua Hedionda Lagoon and the need to obtain sufficient lagoon water to carry out aquacultural activities can be accomodated. In addition, the California Department of Fish and Game has granted California Aquaculture the necessary mariculture and kelp collection licenses. As a backdrop to the foregoing initiatives undertaken by California Aquaculture, the Agua Hedionda EIR and Specific Plan, as well as the Regional Coastal Commission, have proposed that the project site be used for aquacultural purposes. We are now at a decision point. To go forward with our efforts to implement the project makes sense only if California Aquaculture can gain assurance that its facilities will have access to the Carlsbad sewer system. As noted in our request of September 22, 1978, the sewer capacity which would be required by the proposed activities is relatively minimal while, in our opinion, the benefits accruing to the community of Carlsbad on account of such activities would be substantial. Therefore, we would appreciate it greatly if you would review our request for sewer capacity at your earliest convenience and inform us of any further steps which we must take to obtain such capacity. Should any additional - 3 - information be required to assist you in your decision, please contact us. Sincerely, Ma Project Architect California A ML/dv cc: Mr. Les Evans Mr. David Lapota - 4 - (EHCLQSURE A) frY^PmMm•'<• .*ir%i'i''.'''1iM "'.".''' ' ''"•'.'";• 'f*,.': 1 ' -!i>-^^fAW^^V:;^/'v',v;/;.;J,v> :^v:;'a"^lV^^"^i•vC;;^^vv^,;jV'^:•?ri;sy,'" '•'' ;:^;%^'i:'•'w-.'i';<-.v^;vJ.:t.-V^V, -.>;^.i''^'<^^'jl-^ • City Manager ••..,•...,•. .• ,. . •.•• . . •.••.. . .•.' ...• ity .of -.Carlsbad . . V'M^v •'^::',.; ; . :•„!;£'. ;'•?.. v ^: ? .V^ .;. ;!,^,;^ '.<..-,-,, 200 ..Elm "Avenue • '•.'•;••• ,;:;<.?>.'i--v/.'l;/> •••>'..•'•••.' Vn^v .''." ' 'V^.7''.':v'lv''r;!.'^/i>'';'?;;«Vi;;..-v' ,,;, rlsbad, Ca. 92008 "?;•••< t'." >*:•'• '' '•''• ; v'< ' • -j^;- >;; •'- ' ''X v .. ^VVC$'..&>.»;11 /. •' • .•«..-• • ••.''. -V;'. ••• . • > '•' '•,...• . i •• '»4 'I \: ..'•.,.'•>.•.••.'-...v •.';/• .-,•. . . ,v, „ .. ... ,-.- . ,,. .;.,....•-.!•:.•,:• •••;..- ..-.•• ••»-\v'.:!sl:>-1;V», > -. • ' - ' ' '.;-.• Re: ,Request For Sewer Connection Atyfys'fy • ' .. California Aquaculture/r'Inc., is a company involved ani .'thev.v/^ •^'.''.'."—.•'*.• \ hatching , and growing of ^Southern California abalone f or' V''^?^|rV!*v.. • '! commercial use. Being a'coastal dependent industry, Calia.'•'•' '•'. . f ornia .''Aquaculture,', Inc.", .has searched during the last f ouir;. . months-for an appropriate coastal site along Southern and. ' ! '. ,«, Baja'iCalifornia. Physical requirements for this hatchery; •-., , '.are exacting as average annual seawater temperatures, high-: ...';:.quality^:ocean 'water,;^"and access to appropriate areas where-i,y';. •"'• beach\- 'strewn kelp'; is'plentiful (the abalone's .chief •t'f'',';;;;.^,">L •:•• ••• •,>•.-. •.S..i:,v'''.'i>-\ ' - '&&••.•t. ,•-,.*>• '" •• •• •- :r-v-:'. .••.•• '• " • ' :.'••• r.. '. • , . ,We understand that there "are, limited sewer;hook-ups available^ re fore V hv:?;-'''''''^!;',r new>development in', the 'immediate ::area." Therefore', c .-T«--.V'«* qalifornia'Aquaculture, Inc.^'/"~'•'"— *- :-"~- Mr..-Ludke of your staff."has reviewed preliminary drawings our project. The plan .includes a total'of 6,400 sq. ft. of .<•' enclosed buildings which will serve as offices and primarily "..' research facilities. We anticipate employment of about twelve^ (12) full-time people. ; Us ing Carlsbad's calculations of 30 -..'.' gallons/day/employee,, we will generate approximately 360 . ; ^ •.-..• gallons/day. No industrial..waste will be created as a result"^ of'this project. However,'"'in. view pfithe present sewer (•, .. -.-.V , > . •' • • • '. • Page Two, Letter to Mr. Paul Bussey regarding a'request, for sewer connection, September 22,-. 1978 ,•".-'!' :;;^j;?:Xv • •'."•;.;l"• V• '*• ''.'*".?.'.'..'''. \''."•'*'''/'"i.f *^'*!','f''*'',".',. •• ' •''.'.•"' '. • ,.*.;• •'>» ; ' • -.''•' '.•'•...'.;• •,,,''. {•,•;/• ;'>'.*' ?}iVay*" .;'••... .1 |V •'..>,,..>. . • " •;' •. . .' '. •>•. . .• '. • • . • i ,. '. i . ••••. jr'i''V' . ?'•'•" .">'. • situation, our.first phase of this project may',be accomplished ''•••.;' with./capacity,:'equivalent to one EDU. If our allocated sewe^Y/vy '-:..*£.'.- capacity only allows development equivalent to one EDU, we '•';••'<' • 7 ,.;f"• wilT'only expand our facilities at such time as additional -;'; • ' capacity becomes available. Obviously our request for capacity .'";!, to accommodate 12 employees at 6,400 sq. ft. is desirable, :. '": however, the project is still viable with capacity equalling one' EDU. •'•.... ;.'••'.. '•;•••';.••','.''•.'. . ' . . • '.•"'•. iv:• i;.The present zoning on the project site is RA-10,000 which allows for greenhouses and agricultural uses. Although aquaculture is not specifically described, the intent of the RA zone would seem to include aquaculture as an acceptable use. In addition, the Agua Hedionda EIR and Specific Plan, as well as the Coastal Commission, has recommended'this site for aquacultural uses. '" t;' We-'feel that the City of Carlsbad would benefit directly from this;'aquacultural operation as it will create a substantial^'..! tax:base. Existing oversea ventures are producing "million'; ,,. dollarj crops".. ;.,..• , >"'•<':'•••• •.•v,fi$';:* • ,./'•• '-. ' '. '••. -•• •. ••^^•H^'-;. ' ''•'• The-City should also consider that this project: -=• ' '. ?' '.V /; ; i!'';'/',{,'!•- Does not 'increase^! demand for park and 'school* * . ' • / '•_'.'• . v • • • -,' '- ™ ,;^;3r Will not create adverse, visual, noise or; :,:. ,-.u .'; odor impacts. '.''''•••;.. ';'• '."•..•• '•.•: .•'. /..'-.';',.; ... ','...,'.;•'. :' ,wi;"v'/;v, •''*.•-. .: ','..'.' . .. .•'.-- .-'••; "'•'.',,•' ''•:"' ' • , '•'•.••'.•'•• i ' •• • '• . '..-,.', '.fr ''* " •" •. ',,/'>,;:; ' '\4.? Will not generate high traffic volume... -1' •-. ">* \- \^>-^ V-••-• " . ':- • -. :,•;;:.;•: ••>,•;.' . '• :','.v.-. • '. ' .,; .'^'- V-' ;'". -< ,*-*•**•••••. ' ' . • - i • •!;••'; "v" California Aquaculture, Inc. was formed by scientists and ' •.;'. engineers with extensive technical expertise in the aquaculture ., industry. The firstiabalone'farm iwas.ibuilt five years ago, overseas, and is now growing ten million abalone a year. A tremendous and ever-expanding market has placed extreme pressures on the natural Southern California abalone fishery and latest statistics indicate failure of this industry in the near future. Because of its unique role, California Aquaculture, Inc. would provide abalone seed to San Diego County and the State of California for replanting operations which are due to begin along Southern California kelp beds during the next few months and continue well into the future, if the experimental plantings are successful. '. ,,^ •...-... •-^'".. ."•:;'.'.-. .:\.;':V ' • • • z*;', * .' . i •. .! -4 .1 •: Page Three, Letter to Mr. Paul Bussey regarding a request for sewer connection, September 22, 1978 •• , •..,' ' '. , V'K >':^vs*-'- ....'' \ •V. We feel, that in view of this discussion, our request for, sewer capacity should receive favorable consideration. ; We appreciate your time and effort on our behalf, and if we can provide any pertinent, data to;your decision, please dont't hesitate to call us. Sincerely, e Sandy Planning Consultant The-.Agatep Corporation David Lapota Local Representative ' California Aquaculture, Inc. . »'. i*i' . .." ' •' -••,-: ;..'>.*' X'- k—'••••'» *'-''•!. • *•' • ' '• • t" •'' '.;• '" ": " ' ';.--c---'-:'.^^^:':-; _ ^ .. ..-. . .,,A. ... ,. v .'y-'i ,','••'• •.<«;.»*''.*.;-t:v.!r.':."i ff'j.'1 '" ''' ' ''' -'' .1 A , , . ' •' , ' .':.'.' ':,. .«.'.•'•'.. • • ' - ••• l(.. * * \ 1200 ELM AVENUE CARLSBAD. CALIFOHNIA 92008 CW/c« of tha City Maneytr TELEPHONE: (714)729-1181 of Cartebafc October 23, 1978 Joe Sandy The Agatep Corporation P. 0. Box 590 Carlsbad, California 92008 On October 17, 1978, you had a request before the City Council on behalf of California Aquaculture, Inc. for a sewer connection. The City Council has decided at this time not to allocate any remaining capacity. It appeared that the majority of the City Council was sympathetic to the proposed project. When you are satisfied that related planning matters, i.e. designation of appropriate zoning, etc. are worked out, we would entertain another request. PAUL D. BUSSEY' City Manager PDB:ldg cc: California Aquaculture, Inc, c/o The Agatep Corporation Planning Director City Engineer August 9, 1979 Mr. David Lapota Local Representative CALIFORNIA AQUAGULTURS, ISC. The Agatep Corporation 2921 Roosevelt Street Carlsbad, CA 92003 The Carlsbad City Council, at their Regular Meeting of August 7, 1979, denied the request of California Aquaculture for a sewer permit. Council additionally directed that you be informed that you should again make application for sewer allocation at the time the Second Phase Sewer Allocation Program is adopted. If you require any further information in this regard, please contact the Carlsbad City Planning Department. ANITA DACK MURPHY, Deputy City Clerk ADM: am cc: Plannigg Department •SW"-; OF CARLSB/^ -7- October 17, 1978 [93] [74] DEPARTMENTAL & CITY MANAGER REPORTS: Public Works 25. AGENDA BILL #5619 - SEWER ALLOCATION, REQUEST CONSIDERATION FOR PROJECTS OUTSIDE REDEVELOPMENT AREA. The staff report was given by the City Enginee who outlined the contents of his memorandum of October 12, 1978 to the City Manager. Council discussed the the uniqueness of two requests and agreed of the applicants: on California Aquaculture and the Carlsbad Montessori School. Since staff indicated that California Aquaculture could not make use of a sewer permit in the time prescribed, it was the consensus of Council not to allocate sewer to the project at this time, but that it should receive special consideration in the future. Following discussion, Council instructed the City Attorney to prepare the necessary docu- ments allocating 2.3 EDU's to the Carlsbad Montessori School, and determined that the remaining 4.0 EDU's not be allocated until such time in the future that a new allocation system is implemented. City Manager 26. AGENDA BILL #5618 -. MEMORANDUM OF UNDER- STANDING WITH CARLSBAD FIREFIGHTERS' ASSOCIA- TION. It to was the moved that this next meeting. matter be continued EXECUTIVE SESSION: Mayor Packard called an Executive Session at 9:45 P.M. for the purpose of discussing Meet and Confer matters. Council reconvened at 10:42 P.M. with four Council members present, The Mayor announced that Meet and Confer mat- ters had been discussed and no action taken. CITY COUNCIL ADDITIONAL BUSINESS: JAC Councilman Skotnicki informed Council of the recent meeting of the mananement reornanizatic subcommittee. He explained the desires of the other members of the subcommittee with regard to creating a separate leoal .entity for the operation of the Encina facility. Council recognized Mr. Jack Kubota, speakinq on behalf of the Encinitas Sanitary District. Mr, Kubota addressed Council favoring the ere tion of a separate leoal entity. Motion Ayes Motion Ayes