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HomeMy WebLinkAbout1979-08-07; City Council; 5803-4; PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD WASTEWATER TREATMENT PLANTc) CITY OF CAUSBAD W I I '6 +b 'A . Initial: I * ::34--- Dept.Hd. ' DATE : August. 7! 1979 C. Atty.5 . >.CEN24 XLL NO.-wcm+ DEPARTMENT. --. Citv Attorney . C Mgr. - -- PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD WASTEWATER Subject:: TREATMENT PLANT (PDP-2) LAKE CALAVERA HILLS ASSOCIATES -_. Statemen: of the Xztter The City Council at your June 19, 1979 meeting continued the subject hearing and asked for additional reports from staff on the conditions of approval as recommended by the Planning Commission (Resolution No. 1525). A comprehensive review of the conditions has been made and a series of meetings have been held with representatives developed as a result of that process. A memorandum which my office has prepared at the request of the City Manager explaining the matter in detail is attached. of the applicant. A revised set of conditions was Exhibits Planning Commission Resolution No. 1525. City Attorney's memorandum of July 31, 1979. Resolution No. 587/ approving PDP-2. Recommendation If the City Council is satisfied with the revised conditions and wishes to approve PDP-2 at this time, your action is to adopt Resolution No. s,Fy'/ . Council Action: 8-7-79 Council adopted Resolution No. 5871, approving a Precisc Development Plan (PDP-2) for a 1.2 MGD Wastewater Treatn Facility and related appurtenances on property general 1) located northeast of El Camino Real, South of Highway 71 with the inclusion of the revised wording to conditions 6, 8, 9 and 15, and to include the wording to except tht finding re growth management. I 7 0, 4 5 6 Ti 8 ? 10,l CITY OF CA3LSBAi3, CALiFO3NIA, APPROVING A PPZCIS: WASTENATEX TREATXENT FACILITY, INCLUIIING EFFLUEN'l DEVELODXEBT PIAN FOR A 1.2 BISD OXIDATiON DITCH LINE AND I?ET,COIATION PONDS ON PROPZRTY GENEF?ALLY LOCATED NORTHEAST OF EL CN4INO REAL,. SOUTH 02 HIGHWAY 78. CASE NO: PDP-2 APPLICANT: POY TWRD , Z?-.KE CALAVEIIA HILLS ASSOCI2 I--- - - FIJIEREAS, a verified application for certain property, 1 generally located northeast of El Carnino Real, South of H: 75, and mare particularly described on Exhibif Y, dated AI 11, 1979, attached here-to which has been fila= T.;:.zth the CI -. I 3.3. 12 15 14 ,3-5 .. 17 . 2-73 1-9 20 ' 21.' '2 23 24 26 25 of Carlsbad and referred to the Planning Co :s:;iDn; 2nd 1 WHERXllS , said verif ied application constlz-Ltes a zqi provide2 by Title 21 of thn, Carlsbad 1Iunicipal Code; and WHEREAS, the Planning Coimissim did on the followin! 1 April 11,.1979, April 25., 1979, May 23, 1979,'June 4, 3.971 ~.~:j.~.blic -hearings as prescribed by law to consider said req ', ~LFEAS,. at said public hearings, upon hearing and c( j 211 testimony and arguments, if any, of all persons who dc I I j to be heard, said Commission considered all factors relat: --Tn liir 1 : ! i to the 2recise Development Plan (PDP-21, and found the fo: facts and'reasons to exist: . The proposed Precise Development Plan insmes compa-t of the development with the Gerieral Plan because: a) 1 ' I The General Plan Land Use Elemen-t designates a ; u-t;iJj.ty i~i this area. h) Subseq.--.z_;~-? Zevelopnent ix the area served by th~ treat~.2:~L -;1 znt will be *mnSiStenZ wi-th the G5ni 1 I x2 .z:-l zoning in the service area is 1.. j 31" YJ I * j ~f the project with surrounding developmnt bccause : i I I I I I I 9 7 3 4 5 6 ‘I 8 9 3.0 13. “ b) The location of the project in a valley will re( adverse impacts to surrounding property. 3. It has been determinzd that the proposed Precise Devt Plan will not result in any significant adverse impac the environment due to the following reasons: a) The conditiorLs of approval, iriclude mitigation I outlined in EIR-528, that mitigate potential ad. environnen tal impacts - b) Changes or alterations have b2en required which the significant enviroaY..ental effects as identi the project EIR. c) The project will be subject tlo fur-krr review a approval. by affected State and Fe&.r?l agencizs review constitutes additional envirz:zsntal isp assessment, and ensures the project’s eornpatlbi 20 22 21 sewer capacity. b) The proposed reclzmztion facility will reduce t amount of potable water necessary to serve the area as delineated in EIR-528 in the future. c) Said reclamatim system could allow for the pre and continuation of agricultural production. I 23 I . 25 26 e) All othelr public facilities will be available a .2 (2 'L x, ' ..* >q 3 2/ 4 5 6 7 8 9 10 11 12 13 3.4 I-s l6 I? 3.9 20 I-E3 21 22 23 24 * 25 11 w qp! WFIEXZAS, the Planning Comissioni by the following v recoirunended app caval of Precise Gevelopnen t 21an (PDF 2) I certain conditions: General 1. Development of the site shall occur EuSstantially as indicate2 in Exhibit 'IC" dated April 4, 1979, attach hereto, acd as shwn on Exhibits A-1, B, D and F-1 dated April 11, 1979, for the wastewater treatment p and Exhibit A-2, and E dated April 11, 1979, for the percolation ponds; except for modifications and nece back-up systems not affecting the plant o2erational efficiency that are approved by the Public V?orks Adm In addition to the approval of the develc2xnt inzic the exhibits noted above, all other re rc_-ents ar,d tenances as listed in this approval shall 25 indic2:t the final Precise Development Plan. - 2. Treatment Plant 3. The proposed treatment plant shall be ccystructed in phase as a 1.2 mgd capacity plant with 2zrcDlaticn p effluent lines to serve ponds,-and all other necessa appurtenances to operate the treatment plant. 4. A reversible force main comecting the treatment fac to the Encina line at El Camino- Real shall be constr as part of this project. - 1 I Reclamation 5. All wells, pumps, check darns and other appurtenances necessary to reclaim water froin the recharge basin n Exhibit "E" shall bs constructed as part of this pro Prior to any Sradiny, construction or placing of equ plans for th;s facility shzll be submitted and appro the Planning Comiiission. 6. All effluent from the treatment plant shall be recla and utilized for reglacement of existing or planned water (Type 1). The amount of sewer capacity alloca future dcvelo2ments shall be equaled by the amount o reclaimed w-ct"_r that can be gs3iranteeci for use by th applicant f 2: such developnent . I I I 7. A11 users =E Is- 3 treatrr.ent plmt shall provii?e a pla gu;xantee? z --&-,.I to utilize the reclaimed water p to any apA2=z--2L Fxs-lalnt to their projects. The wat 28 I // 1 I i .3 % hrl 31 3 -4 5 6 7 ’8 9 10 I1 12 ‘ 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 28 portions of parks, schools, or private areas. Said recla~nea xater shall not be aplied to native vzget; or areas where there is IIO present or p;lanned potablc uses. As a guide to dztermine adequate land to util: the reclaimed water the ratio for gallons of water 01 of land should be based on 1 acre of agricultural lai each 3,000 gallons or 1 acre of landscaped land for ( 800 gallons, Depending on location, soil typs and p the ratio may differ from this guide, 8. The method of gurmteeing utilization and schedule o of reclaimed water shall be submitted to the Plannini Director. The Planning Director in approving the la be used for reclaimed water shall give prsference to nearcthe recharge basins or served by grt-j.ity flow f thc systems required per Condition No. 5, in order t conserve energy required for pumping. 9. The apfilicant shall be responsible for t? construct mains, wells, pumps, check dams, and a:: 35sr zp2ar necessary to reclaim water from alternati--, recharge located in the Agua Hedionda drainage besir\_ if it is determined that these recharge basins ars ?referable of an effluent fail safe 1he. . Such dete--;-..inaticr! s made prior to the City accepting any portior, of the treatment facilities. Prior to any grading, constru or placing of equipment, plans for this facility sha approved by the Planning Commission by a Conditional Permit. 10. Any appurtenances not part of this application or ap necessary for reclamation, storage, or use of the pl effluent shall be subject to Planning Commission rev shall determine if such appurtenances will have a si . adverse effect on surrounding property. If it is de that the appurtenances will have a significant adver effect, a Conditional Use Permit shall be required. approval, At the time of review the Planning Comrr,is 11. The applicant shall provide necessary easements on I- property and pay his fair share of the costs for a t effluent fail safe system as such system is determir to be necessary. Such determination shall be made F City accepting any portion of the treatment faciliti 1 ’ Administration 12. IC Upon corrtplction of construction and prior to op2ratj the plant, the site and all structures and appurtcn; for the treatrent facilities, and recharge basins ac on approved exhibits, a 30’ wide access way from Tail Boulevard ka tLs treatment facility, and any other appurtenances ag?rovcd by this action shall be dedic I I the City of Zarlsbad free of liens and encum5rances I .4 li I.,', 2 3 I 4 5 6 7 8 9 %o I1 13 I-2 14 15 16 17 39 20 l8 24 * 24/ 22 23 25 7 -, .LJ. The spplizainz shall 5-. responsi515 for th)-e funds to c the facilizies as appzovee. Any reimbursenext agrezm must be approved by the Cit-1 prior to submittal of an application fdr project no: already approved or in'pr .of acquiring discretionary approval. Any expenditur? the applicant in advance of a final agreement with t? is a% the risk of the applicant. 14. The City shall adopt a method to al-locate sewer permi growth rcanagenent program for the area serviced by tk facility prior t9 subnittal of any application for pr not already approve6 or in process by the City. This allocation system or growth program nay include, but limited to; limitation on h-N many permits tqiould be i the phasing of issuance of permits, a program to detc who shall receive such allocation, and the extent of service area. 15. Access easenents if necessary for operatl.:: and ns;inf of the percolation ponds, effluent line z-1 r-ecesszr: appurtenances shall be granted to the C17;- of Carlsb; Lake Calavera Hills Associates, if the C::? agrees tc the facility. The applicant shall provide all necessab- easeinents ( Lake Calavera Hills property to- accomtodatz sewer se- and rzclamation for all other properties in the draii basiri. No applicaeion for sewer permits, building permits o discretionary action shall be issued by the City unt construction contract for the plant has been formal1 upon and a cornpletion date tentatively established, approvals may be granted and construction commenced, no dwelling units shall be granted a certificate of or shall be allowed to be offered for sale until SEC as -the satellite treatnent plant is operational and by the City. 16. I 17. 1 I I I Construction and Operation Details - 1 18. The applicant shall submit master CC&R'S for the Lak Calavera Bil_- develapment holding the C,ity harmless any adverse etzects the treatrnznt plant may cause an such hold harzless agreement skill be recorded at tl- San Diego Coiixy Recorder's OfTice. -- 19. A conditio- ?:-I-- be placed OK all dcveloFzent permi 1 to use th?.:-s -~==:--:lter .- treatcent facility that prohi the use of s3_z--rs,e:erating water softners. The L2 Calavera ELL-S 53 ;elopnent shall contain such prohif in the CCQ.; S e I -_. 27 28 i 20. 'The applicant skiall ssbixit and process a parcel nap separate lots for the treatment plant and recharge 1 I c. I I 4 '1 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 l9 20 21 23 22 24 ' 25 26 27 23 1 W i I 21. The Lake Calavera Hills Master PlBn (MP-150 (A) shall anended as required by the approval of the Zone Char,? Precise Development Plan. 22. .The applicant shall secure easement rights for the C prohibiting the location of any habitable building w 100 yards from the outside edge of the service road structure and equipment, which<r;er is nearer to habi buildings as indicated on Exhibit 24-1. Tentative Ma and PUD-4 shll be amended if necessary showing such easement prior to final map and final PUD, 23. A design study for the facility shall be subnitted b Calavera Hills Associates to. the Public Works Admini or his designee and shall include the follsving spec studies: foundation, seismic safety, exr,z.nsive soil stability, and special engineering requirsxents, so the project will be designed with adequaz-2 safety ma 24. Grading plans for all facilities shall 'zt -?prove2 b Public Works Administrator or his designs-..- prior to issuance of building permits. Such plaz inall inclu provisions to lirnit grading, cut and fill. ad excava to the minimum areas necessary to prepare constructi pads and excavate for treatment, transport and dispo facilities, D 25. Drainage facilities adjacent to.the treatment plant percolation ponds shall be designed to accommodate a year flood'and protect the treatment plant and perco ponds. These facilities shall be constructed conccr with grading activity. 26. Surfaces shall be graded to direct runoff toward des drainage facilities and away from any cut and fi.11 E 27. Land shall not be cleared of vegetation except imine6 before grading, and grading should take place only c dry season (April 16 to October 31). 28. 3-11 graded slopes shall be stabilized for erosion cc imiediately following grading by the developer. 29. Landscape and irrigation plans-shall be submitted fc 4 I approval of the Planning Director. The la:.dscaping be designed to screen the treatment facilities rech; basins from surrounding properties. Plans shall in( growing tall trees as well as a combination of shrul ' ground cover. Plants shall be drought tolerant, fii retardant where necessary and easily maintained. TI landscaping 2x2 irrigation shall be fully installed the City acc-zpting the facilities. I 3'3. Edtural ve~etatiori and existing eucalyptus 'trees sh; retained wherever possible. I il , (_I W 0 2 3 .4 5 7 8 9 X0 11 to reduce ~-ois=. at"_rib-ited to the Eacility to a naxin 55 dba at property line of all facilities. The applicant shall subnit an archaeological invest;< for the ap2roval of the Planning Director that indici Location o€ any archaeological resources that could I azfccted by the construction of the treatment facilii recharge basins, effluent line and apy accessory pumj 6. access roads, wells, etc. The final Precise Develop shall include means to mitigate any potential impact: in this investigation. 32. 33. The access way from the plant to Taimrack shall be ii with .a minimum of 20 I wide asphalt concrete driveway approved by the City Engineer and Fire Ihrshall. 34. A fire-hydrant shall be placed on the si:=. azd appro the Fire Marshall. 35. An asphalt concrete driveway shall be prc--i,Zzd to th I.2, 13 2.4 .15 16 1 '7 19 20 la! 21 22 23 24 25 26 2 'I 28 shall be ?laced un22rground ar-d/or shielded in such c pzrcolation ponds. The location, dinerx-x. and cox of the driveway s5all b2 to the satisfacz:sx of the 1 Engineer and the Planning Direc2or. I 36. The equestrian trail through the treatmen-, 2lant sit on Exhibit A-1 dated April 11, 1979, shall be cons2r the applicant and maintained by the Lake Calavera Hi Homeowners's Association. The portion of the equzst located between the treatment plant and the recharge shall be placed within the effluent line easement, a be constructed by the applicznt and maintained by th Calavera Eills Homeowner's Association. The CC&R'S Calavera Hills shall contain this condition. I 37. Final plans for treatment facilities and recharge ba shall indicate appropriate lighting to provide adequ night time operations. Such lighting shall be desig a manner so that nearby residences or public streets I adversely affected. The lighting plan shall be subj . the approval of the Planning Director. 38. The treatment facility, recharge basins and any othc mechanical apprtenances shall be totally enclosed 1 a minimum of 8' in height and designed for security subject to th-2 requirements of the State Water Qualj Control Boars:, The appij-c=cl:z z'-.zlL provide a rr.ethoci approved by thc Public i\Jt>r-:~ J--,-r~strator for the disposal of sludc by the tre?tzi-??z ,Ic-.t. 1 39. -.. -2 -.-l 1 40. All. equipz??.: ~roposed to be plac2d on any roo: sha: I screened fr-~:? public end subjeck to the approval of Planning Director. -7 I - 'I .* . '1 2 3 4 5 6 7 8 9 10 11 12 I-3 w :< .> cagy of khr! Precise Develogment Plan which incorpora. requiremencs of the approyral to the City Nanager for 41. After approval, the applicant shall submit a reproduc signaturs. Prior to signing the final Precise Dev2lc .Plan! the City Manager shall determine that all appl requirements have been incorporated into the plan an conditions of approval have been satisfactorily net otherwise guaranteed, The final signed Precise Deve Plan shall be the official site layout plan for the and shall b& attached to .any application for a build on the subject property. WHEREAS, the Planning Commission, by the following r vote, recommended APPROVAL of PDP-2 , for the reasons set above. I AYES : Rornbotis I Marcus, Jose, Lazxnl Wrench, EOES : None. ABSTAIN : L'Heureux. ABSENT : None. I 20*l 21 22 25 244 / %' 26 27 28 CARLSBAD PLAXNING C ?- ATTEST: 1 vdAAd /-7 / d k4,$g&p.q& J7 / ,XUlES C. HA;GA!l&N, Secretary ,/ ';.' ' /' i i .8 .. 1. I i I- 2 I 3 4 5 6 7' 8 9 10 21 12 13 14 15 26 3-7 18 19 20 21 22 23 24 25 2.5 23 2rl w. rn STATE Cj? CALIFOS3~;;IA ) G:' SLY?; D1zC-C ) ss CITY OF CARLSHAD , 1 I, SAXES C. HAGLAXAN, Secretary to the Planning Commi oE the City of Carlsbad, California, do hereby certify th foregoing resolution was duly introduced, approved and. ad by the Planning Corm.ission of th2 City of Carlsbad at a r meeting of Said Coxmission held on the day of - JU 1979, by the following roll. call vote: 13th AYES : Schick, Rombotis, Larson, Nazz:~, JOSE?! K NOES : None. ABSTAIN: L'Heureux. ABSEMT: None. D p/ L-22&/ , ,,:<59&~/:d,-& r.fi2 s+?fEnc+\siE I '/ s e c r e t 2 ARLSBAD PUNNING CONMISS f / PDP- 2 I 1 e i , -9 i *. ll W - .r-- - - -- ,' ' * .\ . .A 't ~ - -.- L-II--~ / s#+4 pEz.Cl col.stmf PGP-Z PUT - 4/11/79 - CAWVE __ EXk-\!EYT Y , e 0 MEMORANDUM DATE : July 31, 1979 TO : Mayor and City Council FROM: City Attorney SUBJECT: CONDITIONS OF APPROVAL FOR LAKE CALAVERA HILLS SATELLITE SEWER PLANT After the Planning Commission action on the Lake Calavera Hills Sewer Plant Precise Development Plan (PDP-2), and shortly before the matter was to be considered by the City Council, my office was made aware that Lake Calavera Hills (LCH) had serious objections to the precise development plan conditions for the plant as recommended by the staff and the Planning Commission. We were asked by the City Manager to participate in staff discussions regarding those disagree- ments. During those discussions, it became apparent to us that much of the disagreement focused on matters which in our opinion were not properly part of the precise plan process. The subject property is zoned P-U, Public Utility, pursuant to Chapter 31.36 of the Carlsbad Municipal Code. Under that zone uses may not develop until a precise development plan is approved. The process is essentially one of site review. Section 21.36.050 outlines the conditions that may be imposed by the precise development plan, including: Setbacks; yards: height and bulk of buildings; sign regulations; landscaping: grading: public improvements; and phasing. With the exception of certain aspects of phasing, improvements and dedications the items of disagreement did not involve matters which the ordinance contemplates as within the scope of a precise development plan. One principal area of disagreement involved the ability of LCH to apply for and receive discretionary approvals pending construction of the satellite plant (Planning Commission Condition No. 17). As the Council knows, the planning moratorium is a separately adopted zoning ordinance which applies to the entire City of Carlsbad (Chapter 21.49). At the present time the moratorium does not provide for the processing of discretionary approvals pending construction of satellite plants. Assuming the Council wishes to consider making such an exception, an amendment to the ordinance would be required and public hearings before the Planning Commission and the Council would have to be held. > '. 1) e , ??Iayor and City Council -2- July 31, 15 It is not legally possible to grant exceptions to the Planning Moratorium Ordinance through the vehicle of a precise develop- ment plan. Even if it were possible, such action would be inappropriate. In addition to LCH, the Council is now faced with determining how to treat projects to be served by the satellite treatment plants under construction in Leucadia and San Marcos. The question is of City wide impact. To assist in resolving this problem we contemplate submitting to the City Council a draft amendment to the Planning Moratoril Ordinance. In considering that draft, the Council may make any policy judgments they consider appropriate. Whatever decision is made will apply not only to LCH but to the City as a whole. Most of the other areas of disagreement related to the financing, construction and use of the satellite plant. My office has always contemplated that it would be necessary to develop a comprehensive and detailed master agreement to provide for these matters. Before that could be done, however, a number of decisions regarding what was to be built had to be made by the Planning Commission and Council. During the evolution of the precise plan, a number of these concerns emanating primarily fror. Public Works became intertwii with planning concerns. As a result, many of the Planning Commission conditions proported to impose obligations on the City. vehicle for imposing such obligations. The P-U Zone provides authority only for conditioning the developer. A precise development plan can not be a substitute for a comprehensive agreement. A precise development plan is not an appropriate For the reason discussed above we prepared a revised set of proposed conditions which removed those matters, which in our view were not properly part of a precise plan. To the extent that the revised conditions reflect policy matters, my office in preparing the draft, relied on the responsible policy officials for guidance. A series of meetings were held between the City Manager and City Attorney and the Attorney and Planner for LCH on the revised conditions. It appears we may be in agreement to proceed with the precise development plan on the basis of the revised conditions, recognizing that the plant can not move forward without the construction and financing agreement. Council should understai that a number of significant matters remain unresolved and that further Council direction may be required. We are continuing our efforts to work with LCH and will keep the Council informed on our progress. + e 0 Mayor and City Council -3- July 31, 197! The City Council, at your June 19, 1979 meeting, asked for a further staff report on Planning Commission Condition Nos. 9, 14 and 17. As indicated above, No. 17, regarding exceptions to the Planning Moratorium, has been removed from the revised conditions and the issue will be resolved separately in the context of City wide concerns. Condition No. 14, requiring development of a growth management program, has been substantially revised. The question of growth management and the CPO population limits is also one of City wide application which can not be resolved as a part of a precise plan. The Council may wish to address the problem in the context of the Planning moratorium amendment and determine whether or not to regulate the construction of the units to be freed by Leucadia, San Marcos and the LCH plant. The revised condition defers resolution of the questior to what extent, if any, LCH should be guaranteed development rights because of their construction of the plant. Condition No. 9 reflects our understanding of staff, Planning Commission and the Council intention to require LCH to con- struct a fully operational 1.2 MGD plant. While the applicant proposes to construct some of the elements of the larger plant, it appears that the plant may not be able to handle 1.2 MGD without the construction of additional facilities which LCH wishes to defer. While phasing of construction is a proper precise plan concern, the issue has been left for resolution as a part of the master agreement because (1) the matter is complicated; (2) additional information is being obtained which may change the situation; and (3) solution to this problem interrelates with a number of other matters relating to the financing of the plant which are a part of the agreement. The Public Works Administrator has determined that a reversible force main to connect the LCH plant to the Encina line at El Camino Real is required (Conditions No. 4 and No. 11). The acquisition of rights of way outside LCH is necessary for the force main. The conditions as recommended require the developer to be responsible for that acquisition. However, all parties recognize that it may become necessary for the City to consider utilizing its condemnation power in order to acquire the necessary property. If the Council is not prepared to consider that option, it is possible that the LCB plank can not be constructed. For a number of reasons it is not possible for the City Council to commit itself on this question at this time. of necessity to condemn, a public hearing must be held, certain findings made and the affirmative vote of four members of the Council is required. Prior to adoption of a resolution ** e e Mayor and City Council -4- July 31, 1979 However, if there are any reservations about the use of the condemnation power, the Council would be well advised to reconsider the decision to proceed with thepreciseplan approvz The revised conditions differ in a number of respects from those recommended by the Planning Commission. The P-U Zone provides that a precise development plan must be processed in the same manner as a zone change (Section 21.36.040). Section 21.52.110 requires that the Council must refer the matter to the Planning Commission for a further report if the Council's decision is, "...in any way contrary to the action taken by the Planning Commission. ..." Referral back may not be necessary in this case. In my opinion the revised conditions do not change any of the Section 21.36.050 concerns, The changes merely eliminate from the plan conditions relating to matters that were not properly part of the precise plan nor legally a concern of the Planning Commission. If the Council is satisfied, they could find that adoption of the revised conditions is not contrary to the Commission's action and that referral is not required. The Council may, of course, view it differently or wish for policy reasons to delay adoption and return the matter to the Commission for a further report. This memorandum has not attempted to discuss all of the differences between the Planning Commission conditions and the revised conditions (Conditions 18 throuqh 41 are essential: unchanged). We would ask the Council to carefully review them and we will attempt to answer any questions you may have prior to your meeting of August 7, 1979. VINCENT F. BIONDO, JR. ! City Attorney \/ VFB/mla 2/ A RESOLLJTIOK OF THE CITY COrJ?lCIb OF' T3E CITY OF CARLSBAD, CALIFOFWIA 22PROVXNG A PRECISE DEVELOP?ZENT PLAN (PDP-2) FGR 3 61 7 8 3 10 11 I.z 2 Y 8 1.3 n .a % 2 8 G' REAL, SO'JTH OF HIGWT.!AY 78. AFPLICA3TT: LAKE CALAVERA HILLS ASSOCIATES. -.- - 1 WI!EREAS, on June 13, 1979 the Carlsbad City Planning Conmission adopted Resolutim No. 1525 recommending that Precise Development Plan (PDP-2) be approved; and WHEREAS, the City Council of the City of Carlsbad he pv.bl_ic hearings on June 19, 1939, July 3, 1979 and Ju.ly 1 19'79 to consider the recmmendations of the Planning Ccm:. i and to receive all recornmendations and hear all persons 11 inj:erested in or oppcsed to Precise Development ?Ian (PDP. . ' zo % >E d 171 a< >o 1G 19 20 I- 0 I Planning Commission and the City Council, and the final.. report has been certified as complete in satisfaction of i 1 rec1uirement.s of the City of Carlsbad Environmental Proteci 21 23 22 I i Act; NOW, THEIEFORE BE IT RESOLVED by the Cit-y Council of the City of Carlsbad as follows: I t 1 2 3 4 5 6 7 8 9 I I lo/ I 11 0 12 I Q f3 8 131 KZ 113 E+j m separately on c? city wide basis. C. That the Trecisc Deve1opme:lt Plan jP~p-2) for a : MGI; wastewater treatnsnt fazil ity and related appurtenance to serve the Lake Calavera Hills basin is hereby approved subject tc the csn2ikio:is cxiitahecl j-3 'the document entitl "Lake Calavera Eills Precise Devel9pmen-t Plan, Rc.vised Corl6iti.oi~s" , dated J~ly 27, 1979, marked Exhibj-t LCH, attac hereto and nade a part hercof. PASSED, APPR9VED AND ADOPTED at a. regulilr nieetinq of the Carcisbad City Ccuncil. held. on the ;'t}1 day of A~qu 1379 by the fol-lowhg vote, to wit: AYES : Councilmen Packard, Skotnicki 9 Anear, Lewis NOES : None Councilwoma~ Cas1 er -* ABSE3T: None I cp y Z0 >+ a 1'11 Q <I I fr: 18 0 ATTEST: l9 20 21. i Q4*/ A4fWL, XJ . 3?cz,4rAl&4y! ALETHA I,. RAUTENKfU?;IZ, City Cle k (SEAL) d- mm1;wIofii s 1 -.* , : w rn July 27, 197 LAKE CALAVEFA HILLS P RZC I SE DEVELOFXE2.7'1 PLAN REVISED CCIJDITI3NS -I_--- ---- GI~? E RAT, - ----. I. Development of the si-te shall occur substantially as sho on Exhibit "G" , dated June 22 , 1979, attached hereto, and as shown on Exhibits 3.-l., E', D a'nd ??-I-, dated April dated April 11, 1979, for the percolation ponds; except for modifications and necessary back-up systems not affecting the plant's operational efftciency that are approved by the Public Works Admimistratcr . for the wastewater treatmerit plait; and Exhibit A-2 , and. 2. In additicjn to the approval of the development indicated in the exhibits noted above, all other requirenents and .appurtcnacces as listed in this approval shall h2 hdicated on the final Precise Development Plan. TREATMENT PLiwr J. 7 Th.e proposed treatment plant sh.all bE constriicted in one -- phase as a 1.2 mgd capacity pla.nt wit11 percolation ponds effluent lines to serve ponds, and all other ap2urtenenc necessary to operat-e the treatment plant at :its fully ra capacity of 1.2 mgd . Not withstanding the fairgoing phase constructim as specifid in Condition 2g herein may be 4. A reverkible force main cocnect.ing the treatrxnt faciiit to 'the Encina line at El Camino Real shall be ccnstructe as part of this project. RE: CLAYAT I ON 5. All wells, pumps, check dams and other zbpurtenances necessary to reclaim water from the recharge basin , whi basin is described in Exhibit. E, shall be constructed as part of this project. Plans for the water reclamatic system shall be submitted to and approved by the Plannin Commission prior to coLnvencement of any grading, constru or the placing of any ecruipinent: for the project. 6. All eff1v.ep.t from ':he treatment: plant shall. be reclaimed and utilized for replacement of existing or planned pota water (Type I). The amount of sewer capacity allocated to future developments shall be limited to the amount of reclained water that can be guaranteed for use by t.he applicant of sulch development or otherwise guaranteed to satisfaction of the City Counci.1. 3 Page 2 t’ w e I 1 Revised Co~~ditioi~s 7. All pmpsed USEXS of the treatment, plant shall prepare and provj.de a plaii a.cceptable to the Ci.ty es,tahlishing and guaramteelny z method to utilize any reclaimed water prior -tu an;. approval of their project. The reclaj.Eed, water: may not be app1.ied to nati-vz vegetation or areas where there are no existhg or planned potable water uses. ijs 3 guide. for determining tne acreage of land necessary to utilize the reclaixed ‘:,Ti%ter, the ratio of gallons of water ‘io acres of land should be as foilows: *. 3,000 garllons to one acre of agricultural. land, or 8G‘O gallons to crie acre of Landscaped land per day. This ratig r,ay be adjusted by the Planning Director to accommodate particular locations, soil types and plants. Any p1ai-l required by ConGition No. ? shall be submitted + the Planning Director for approval. Approval of the plai by the ?lanning Director shall constitute acceptance of the plan by the City. In approving the plan, the Plannii Where th~ knd using the reclaimed water is either near the recharye basin or served hy gra.vity flow from kh~ water reclamation systen, in order to cansezvn, mergy required for pumping. Approval by the Cli-ty shall not constitute a claim to or 2 guarantee for avaiiability of reclaimed water. This condition and Conditions 6 and 7 shall be m.odified as necessary to accommodate such City plan for the use of reclaimed water as the Council may adopt. The applicant shall be responsi.hle for construction of a fail-safe effluent disposal systerr! sufficient to serve and consistent with the 1.2 mgd design capacity of the treatment plant, unless the City Council fin’% and determines that a water reclamation system consisting of mains, wells, punps, check dams, and a11 other appurtenances necessary to rec:taim water from the rechal treatment. is feasible. If the water reclamation system is feasible, its construction :is preferrable. Applicant shall. use due diligence to 0btai.n all necessa state approvals for percolation capacity, first within the Master Plan boundary of La:ke Calavera Hills and the if necessary, within alfernatixe recharge basins locate in the Agua Heclionda drainage basin sufficient to hand1 the design capacity of the plant. At the earliest possible time, prior to City’s acceptar: any portion. of the treatment facility, the City Council make a detcr?riina’ii.on as to whether (a) it is reasonaSlq feasi.bl.e to obtain 1.2 rnqd percol-ation capacity within blaster Plari boundary or adjacent alternative recharge k (b) a disposable eff3.uent fail-safe system shou.1.d be bL 8. Director shall Give prixary consideration to systems 9. basins consistent with sucn design capacity of the * J <,. 0 m Kevised Conditions Page 3 Upon either determination, the appiTcant shall he respons .for construction ar,d ilxzle?entation of the alternative selected. Plans for the aiternatlve selected shall be approved by the PlanniEcj Commission by a conditional use permit prior to ani7 grading, construction or placing of any equipment €or the alternative sclectcd. Constru.c; of the alternative sslectez sbll he completed. within .a reasonable tiine as specifid .in the 3lasteir Reil.:Sursernei Agreemm t . The applicant shall he responsible for the acquisition < land, easements, or other ricjnts necessary for -;:he const: required by this conditim. In the. event the applicant cannot acquire same after the exercise Gf 6ue diliqencr, .the City shallhzve the option of acquiri.ng the same thro its power of eminent dOInain, after due satisfaction of a legal requirements , inciuding envircnnental review and public hearings, if required. In such eve'nt, .the, applic shall 5e responsFble for the direct expense of environme and planning review, retention of special counsel to pro the condemnation action or actions, arid payment of any re@-red compeiisa.tion to property owrizrs. Acquisiti.cn r! be reasonab3v certain, to tne satisfaction of the City, prior to their acceptance of any portion of tile plant. 10. Any appurtenances necessary for reclamation, storage, OL use of the plant effluent, but not included for approval in this application, shall be subject to Planning CormLic: At the the of review the ?lamin< Commission shall determine if such acpurtenanccs will ;E a significant adverse effect on surrounding property. : is determined that the appurtenances may have a signifii adverse effect a conditional use permit shall be reqiiri Such conditional use permit shall contain conditior,s su to mi-tigate any such potential significant adverse ef fi . review and approval. 11. The applicant shall be financially responsible for and make all reasonable efforts to acquire and Drovide a th foot wide ziccess way from Tamarack Avenue to the tre ment facility, with necessary easement rfights to accozx the r.eversil3l.e force main rsquired by Cofidltion 4 herec In the events applicant canrot acquire same after the ex of due diligence, the City shall have the option -to acq the same through its power cf errdnent domain, after dus sztisfaction of all leqal requirements, incl.i,iding envlr mental review and public hearings, if required. In suc event, the applicant shall be responsible for khe direc expense of environmental 2nd plannincj review, retention Pa-ge 4 i..! a , . Revised Conbiti.ons special. comsel. to prosecute tlie cc;ndr.enulc?,tion action or acticns, an(-! pzjment. of ally require6 compmsation to propl owners. Acquisition ip.usS be reascnably certai ri, to the satisfection of the City, prior to any grading, construct or placi~y of any e2:uipment fGr t.he project. ADMIE I S T IViT I CN 12. Upon completion of construction and such inspectian and - ---- testin2 as requircd by City, the site, and all structures and appurtenancss for the treatrient facilities, recha.rc-e ’: basins as shown on approved exnibit:;, the thirty foot wid access way froin ‘Tanzrack i2xrenc;e to the treztmeni: facility and all other appurtenaccs approved bv a.nd pursuaat to t approval , including either th2 f‘ail-szfe effluent disposa system or the water reclamati.cn system, shall be offered for dedication tc the City of Carlsbad,, free and clear of liens and encumbrances. 13. The applicant shall be responsible for th2 payment of all costs of construction of tne faciilities as approved. Applicant ma.y be reimbursed for ce‘rtain costs expeiided in construction of the treatment fa.cility with inore capacity than necessary to serve Lake Calavera Hills alone. City and applicant shell enter ifit0 a. Master Keimbvrsement Rgr to provide for such rei.nbursemec.t an2 to implement the xequirercents of this ?reci.se CevelDpxent Plan. This ac;rn, must be conpleted arid aecep%ed by the City Coiincil before any application for discretionary approval may be submitt or accepted on any pyoject in the drainage baiqin, except projects already approved; or in the process o:f acquiring discretionziry approval. If rro agreement is reached wi-thi one year froin the date of apgrov2.l of this Precise De-delo ment Plan, all rights and approvals provided .to applicant by this plan shall terminate and! this plan shall no 1-cnge have any force or effect. 14. Upon acceptance of the treatment: faci.lity, ownership shai vest in tlie City. Prcvided, however, that applicant in consideration of its initiation and financing of this fac shall have reserved for it such capacity as may be provic the Master Reimbursenient Agreement. ‘Except 3.s provided 1: or as otherwise authcrizcd by law, applicant shall be suk to all existing or future ordinances regarding scwer allocation, permit issuance, or acceptance or approval of applications for discretionary approvals. 15, If the City agrees ko accepk the facility, access easemer or other property rights necessary fcr operatior, and mair teiiance of the percolation ponds, effluent line, and . necessary appurtenances tihich have not previc~us3.y been vested in City pursuant to Conditions 9, 10 and 11 hcrcir shall be granted to the City by applicant free and clear of liens and encunbrances. .. w 0 1. Revised Conditions Pa! 16. The applicant sbal.1. provide such easements over its own o property as determined by the City Ccluiicil to he necessar! to accorrmodate sewer service and x-zclamation for the Gthel properties in the dzainacje bzsiz.. also be made 3 ccndi-lion of' zipylicant's Master Plan. The applican-t SliZll incliice in its master CCLZt's fcr the each phase a. detailed description of the facility, its proximity to dwelling units , and the potential for adviersf impact. The CC&R's shaii provide that the property owner; and th2i.r succzssors in interest covenant not to object to or take any action, directly or indirectly, in opposit: to the location of the facility nor its continued opsratic except to the extent that such objections ard/or action in furtherance thereof relate to the negligence or wilifu misconduct of the persons or entities then operating the facility. A ceridLtion that prohibits the use of self-regenerating water softeners shall be placed on. all developnent permit! to use this waste water treatment facility. The Lake Cal; Hills development shall cont.3-h such prohibition in the CC&K' s. The applicant shall sEbmit ard process a parcel map creatj separate 'lots for the treatrnent plant and recharge basins, amended. as required by ths approvzl of the zone change anc Precise Development Plan. The applicant shall secure eassment rights for the City prohibiting the location of any habitable building within ow hundred yards from thc outside edge of the service roi or structure and equiTment, whichever is nearer to habital buildings as indicated on Exhibit A-1. Tentakive Map 764 and PUD-4 shall be amended if necessary showing sxch ease- ment prior to final map and final PUD. To insure that the project will be designed with adequate safety margins, a design study for the facility shall be submitted by Lake C.zlavera Rills Associates to the Public Works Administrator or his designee and shall include the following special studies: expansive soil, soil stability, znd special engineering . requirements. This coil6ition shall -. 17, entire project and in the subdivision public reports for 18. 19. 20. The Lake Calavera Hills Mas%er Plan (11P-l50(A)) shall be 22. 22. foundation, seismic safety, . 4. v m *. 1.1 . Revised Colidi'cio:>s Pa 23. Grading plans for c7..11 faci.litj.es shall be appr~ved by the Public Works Administrator or his desigpee , prior to issuance of b1J.ilding permits. Such plans shal.1 include provisicns to I-irnit yrzding, cat and ?ill a.nd excavation to the minimum areas necessary to prepare construction pads znd excavate. for treztrent, transport and disposal facilities. 24. Drainage facilities adjacent to the treztnenf: plmt 31-12 percolation ponds shall he designed to accommodate a one hundred year flood and protect the treatment plant and percolation ponds. These facilitiles shall be constrt concurrently with gradinq activity. 25. Surfaces shall he graded to direct runloff torhrard designei dra.tnage facilities and away from any cut and fill slope: 26. Land shall not be cleared of vegetation except immediate1 before grading, and grading should take place only durinc: the dry season (April 16 to October 31). 27. All graded slopes shall he stablized for erosi.on control im,ediztely following grading by the developer. 28- La.r,dkca.pe and irricjation plz.ns shall be submitted for the approval cf the Planning Director. 'l'he landscaping shall be designed to screen the treatment facilities recharge basins from surraunding properties. Plans shall include fast growing, tall trees as well as a combination of shrubs arLd ground cover. Plants shall be drought tolerant, fire retarzant where necessary an2 ea.si1.y maintained. The approved landscaping 2nd irrigat: sh.all be fully installed prior to,the City accepting the facilities. 29. Natural vegetation and existing Eucalyptus trees shall h retained wherever possible. 39. All pwps, generators and cther noise producing mechanis! shall be placed underground and/or shielded in such a ina.1 to reduce noise attributed to the facility to a maximum ( fifty-five dba at property line of all facilities. 31. The. applicant shall submit an archaeological investigalic for the approval of the Planning Director that indicates location of any archaeological resources that could be affected by the construction of the treatment facility, recharge hasins, effluent line arid any accessory pmps, access roads, wells, etc. The final Precise Development Plans shall include meails to mitigate any potential inpal noted in this investigation. 0 Pa$ * ** W *. ., Qevised Conditions 32, The: access \17a.y ELOX t;ke pl.ant to Tamarack shal.1 be improvt with a i3inirfiuln cf twenty foot wide asphalt ccncrete drive" way and shall be approved by 'she City Engineer and Fire Chief - Fire hydrants s;iall be ~rist~lle~ at: I.ocatj.ons and with flox rates as approved by the Fire Chief or his designee. An asphalt mncrets drivewa.y shall be provided to the percolatian jynds. of the driveway shall be t~ the satisfaction of the City Engineer afid the Planning Director. The equ.estrian trail throggh the treatnent plant site as shown on Exhibit A-l, dated April 11, 1979, shall be constructed by the applicant and maintained by t.he Lzke Calavera Hills Homewoners Tissociation. the equestrian trail locat22 betb;een the treatment plant and the recharge basins shall be placed within the efflue: line easement, and shall be constructed by the applicant 2nd maintained by the Lske Calzvera 'Kills Homeowners Associ.ation. The CC&R's for L&e Calavera Hillis shall contain this condition. Final plans for treatment facilities and recharge basins shall indicate appropriate li.?hting to provide adequate night time operations;. Such 3.ighting shall be designed in a manner so that nearhy residences or public streets are not edversely affected. The lighting plan shall be subject to the approval of the Planning Director. 37. The treatment facility, recharge basins and any other mecha.nica1 appurtenances shall be totally enclosed by ;3 fence a minin?um of eight feet in heignt and designed for security purposes, subject. to the requirements of the Sta Water Quality Control Board. The applj-cant shall providk a method approved by the Pub1 Works Administrator for the disposal ofj sludge created by the treatment plant. 33, 34. The location, dimension and cofistruct 35. Tile portion of 36. 33. 39. All equj-pment proposed to be placed on any roof shall- be screened- from public view and subject to the approval of the Planning Director. After approval, the applicant shall submit a reproducible copy of the Precise Development Plan which incorporates all requirements of the approval to the City Xanager for . signature. Prior to signing the final Precise Developmer 40. * ’. a 0 nr *. I . -Revised Conditions J?E Plan, the City Phnzqer shall de’;er?.iine t3at all apliczh! roquiremcnts have been incarporated into the pian and thi all conditions of zpprovai hnvp Seen sat;-sfactorily met or otherwise quarantzed. The final signed Precise Devel; rnent Plan shall be the, official site layout plan for the property and shall ba zttached to any application lor a bui3.diricj perruit on r_he subjec k propeirty F a 41. This Precise Development Plan shall be effectj-ve only when an ordinance zlpprovir,y Zcne C’r.2nge 203 becorms effective * t----___. r , . ti w v- r .-Ax*. .+ fL - b EXHIBIT "G" LAKE CALAYER! HILLS ViASTEl'iATER TREATFIEPIT, DISPOSAL ,. RECLAc\blATIOi\T AXD ASSOCIATED FACILITIES The-facility to be furnished to the City by Lake Calavera l1ills Associates shall be a complete functional system capa- ble of operating at the rate or' 1,200,000 gallorLs per day, average daily flow, in conformance with approved plans and speciflcations as vel1 as in conEormance with the regula- tions of all applicable regulztory agencies- The facility shall include, but not be limited, to the following: 1. Land and Easements a. Land for the treatment plant site and zccess road f Tamarzck Avenue; non'specific easements for the pipsll2s.s from thze treatment plant to the percolation fi5:lCs; non-specific .easements for the pipeiinss required E part of the rzciznation system; land for the Bzerra Vista percolation field and 2ccc r- - road; and either a nxh-s25cific easexent for an effluent dZs. posal - fail-sz5s Line from the treatment plant tc t' mcina Wat-r ?'=ll=tion Control Facility or lard €0 the Agua E~C?%~ZEZ percolation field and access roa if it is ~113:~ to be an acceptable alternate fox t effluent fzil-safe. b. c, d, _- e, . 2, Treztxznt Plant a. Zeed~ror'xs; b. t;~1-600,OC3 gzllon oxidation ditches (activated siudge-exte?deZ aeration, 24-hour detention time) 11:itfi at 123~LL txo each brush-type aerators, &Tiye aotors, ~,.rzi~s, control valves; t:I;D adequately sized clarifiers with systems capal of acceptin2 effluent from either of the oxidatio: ditches; aerobic sl.-?c" >e digestor ; c. d, e. sludge :>ickmer; f - chlorinztlon contact chamber; > 1 ljctpc L) CcT;pactor ; 6. ~ h, buildine~ousin~ auxiliary space, vcil$-ty control Inchine shop, laboratory, office; ,!!A "- i. PUP,~~, force main, gravity line, booster pumps as necessary for-transportation of 1.2 million gallon per day of treated effluent to either of the perco Zation beds or to the Encina ?later Pollution Contr Facility ocean outfall. pump station and force main to transport raw sewag from sewer main in El Camino Real, at its lntersec tion with Tamarack Avenue Gr Kelly Drive, to the treatment plant. This system shall be designed to accommodate reverse flow from the treatnent- plant to the sewer main in El Camino Real; drainage facilities as may be required to protect the plant from a 100-year flood; and j- k. 1. any necessary appurtenances required cz wsrate - 2 1.Z-million gallons per day plant. 3. Effluent Disposzl (either a and b or a znZ c> a. Percolation fields, check darns, drainzgs contxol s terns, and other zppur2enances as nay 5s required t operate a spre=_5ing bed in the Buena Vistz drain22 shed capable 62 disposing of a minimum of 500,GO.O - gallons per ~LEY; and -- -7 3- P- b. 2zrcolation Z=--~S, check dams, drainage contrcl z terns, and zZsr eppurtenances as may be required t operate a s;rzz=~ng bed in the Apa Hedionda Orair s5ed capable ~f Zisposins of a minimum of 700,~OO Ions per day GT of reclaiming a mininun or' 1.2 mi3 gallons per Gzy; or -_ - c, 3unp statio?, zxce main, gravity line and boostel pmp as reqslrs? to transport treated effluent to Encina Water Psllution Control Facility ocean out; ?er 2i. abc-;s. 4, Rec'zxztion Sysrr: 7- - a. i'ssils, pux;~, groyt curtains, I'orce mains and othe- 22partenazczs 2s nay be required to operate a cent- collection ?x2 transmission system for water recla fro2 the rc-z::zrge basins coztzining percolation be( ccnstructe? 32: 5 a and 3b zbove, -2- e *- B I) * I LIST OF ADDITIONAL MHTBITS To ESOLUTION NO. 5871: TO SEE ORIGINAI SEE ORIGINAL €3 NO 5871 1. 2, 3. 4. 5. 6. Exhibit A-1 - SITE PM -bit A - PDP-2 (Section @) Exhibit A-2 - SITE PLAN (Percolation Pond) Fixhibit F - Exterior Elevations Exhibit E - Percoloation Pond Stom Drainage Exhibit D - Proposed Waste Water Treatrwnt Facility 1.2 MGD .- 0 * DATE : JULY 13, 1979 TO : MAYOR AND COUNCIL FROM: City Manager SUBJECT: ITEM 20 AGENDA BILL 5803, Supplement No. 4 PDP FOR CALAVERA HILLS WASTEWATER TREATMENT PLANT LAKE CALAVERA HILLS At this time it appears that the subject item will have to be conti nued. PAUL 6: BUSSEY City Manager PDB: 1 dg