HomeMy WebLinkAbout1979-08-07; City Council; 5803-4; PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD WASTEWATER TREATMENT PLANTc) CITY OF CAUSBAD
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DATE : August. 7! 1979 C. Atty.5
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DEPARTMENT. --. Citv Attorney . C Mgr. - --
PRECISE DEVELOPMENT PLAN FOR A 1.2 MGD WASTEWATER Subject::
TREATMENT PLANT (PDP-2) LAKE CALAVERA HILLS ASSOCIATES
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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.
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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
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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
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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:
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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)
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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
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* j ~f the project with surrounding developmnt bccause :
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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
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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.
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e) All othelr public facilities will be available a
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WFIEXZAS, the Planning Comissioni by the following v
recoirunended app caval of Precise Gevelopnen t 21an (PDF 2)
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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.
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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.
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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 .
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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
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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
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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
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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.
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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
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i 20. 'The applicant skiall ssbixit and process a parcel nap
separate lots for the treatment plant and recharge 1
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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
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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.
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3'3. Edtural ve~etatiori and existing eucalyptus 'trees sh;
retained wherever possible. I il
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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.
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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,
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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.
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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.
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1 40. All. equipz??.: ~roposed to be plac2d on any roo: sha: I screened fr-~:? public end subjeck to the approval of
Planning Director.
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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.
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AYES : Rornbotis I Marcus, Jose, Lazxnl Wrench,
EOES : None.
ABSTAIN : L'Heureux.
ABSENT : None. I
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CARLSBAD PLAXNING C ?-
ATTEST: 1
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,XUlES C. HA;GA!l&N, Secretary
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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.
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L-22&/ , ,,:<59&~/:d,-& r.fi2 s+?fEnc+\siE I '/ s e c r e t 2
ARLSBAD PUNNING CONMISS f /
PDP- 2
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- 4/11/79
- CAWVE
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EXk-\!EYT Y
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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.
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, ??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.
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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
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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