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HomeMy WebLinkAbout1979-08-07; City Council; 5947; San Marcos sewer plant reactivation applications..- CITY OF CARLSRAD 9a-. AGENDA BILL NO. j' 9 7 DATE : ' August 7, 1979 Dept . €Id. C. Atty.pF4 DEPARTMENT: City Manager ' C. Mgr. p\l 1 Subject: DISCRETIONARY PLANNING APPLICATIONS SAN MARCOS SEWER PLANT REACTIVATION .. .. Statement of the Matter By memo dated July 2, 1979, the City Manager informed the Council of his intention to allow the processing of some development applications for that portion of the City served by San Marcos I County Water District. That decision was made based on the letter of sewer availability received from the District. The Manager's memo indicated that if the Council wished to discuss this action, the matter would be placed on the Council agenda, if requested. Exhibits City Manager's memo dated July 2, 1979. San Marcos County Water District letter dated May 29, 1979. La Costa Land Company letter dated May 1, 1979. San Marcos County:Water District letter of availability, April 30, 1979. City Attorney memo to City Manager dated Jul 27, 1979. Memo from Planning Director dated 8-16-75 (Population Forecast .- 3-17-79 Recommendation Update) - That development applications be allowed to proceed, consistent with the current letter of availability, but that Council instruct the City Attorney to prepare an amendment to the Moratorium Ordinance which would provide an exception to the moratorium when the Council makes a finding that sewer service is reasonably expected to be available concurrent with need. ' \ Counci 1 Action: 8-7-79 Council continued the matter to the meeting of August 21, 1979. 8-21-79 Council continued the matter to August 2.9; 1979. 8-29-79 Council approved staff recommendation. DATE : JULY 2, 1979 TO : MAYOR AND COUNCIL FROM: City Manager SUBJECT: PLANNING APPLICATIONS/LA COSTA I am aware that some or all of you have recently had discussions with La Costa Land Company representatives concerning certain land use matters including the application of the planning moratorium to their projects. Independent of those discussions, the City staff has been reviewing with San Mzxcos County Water District, their plans to reactivate the old 51:- Marcos County Water District sewer plant. San Marcos.County Water District has issued a qaalified letter of availability dated April 30, 1979. The I;L=mEtd rezctivation and later expansion of the plant will occur 5- several phases and at least some of these phases will requirt City zoning approvals. A permit for the project has be22 issued by the State Regional Water Quality Control Board. The City Code provides that applications for approvals located within that portion of the City of Carlsbad within the service territory of the San Marcos or Leucadia County Water Districts may be accepted and processed provided the applicant submits in conjunction with his application a letter from such district indicating that the sewer services are available in connection with the development. The application may be approved if the appropriate decision making body finds that sewer service remains available and will continue to remain available concurrent with need in connection with the development. As with the Leucadia sewer capacity, it would be useful to start the planning process some time before the capacity is actually on line. As I did with the Leucadia capacity, I am sharing this information with you. It is my intention to allow planning applications for which there is an availability letter from San Marcos County :cater District to proceed, The normal precautions will 5e taken to inform applicants that they do so at their own risk. Projects will also be conditioned with appropriate sewer conditions and oth?er public facility reyuire- ments consiste,rt with Council policy. If any member of =2? Council has zpy conceril relative to the matter, I will ;Lzzz the matter EA the next regular Council meetir.5. PAU 3 D. BUSSEY City Manager PDB: ldy n LL . ... ?:.: , ... ._ 'A . .; .. . .. -;.. ~ ' .; _'. -5.. 3. .. ..... - .LA 6 '. .- . 7 .: i, .... , . .-. .. . .. . .. _. . .. a .. . 11 . 23 24 25 26 27 29 th& general plan provision, and in view of the fact that. sewer service in most cases is unavailable, the City Council has determined that it is necessary to impose a m.orakoriu? an the processing of developmental approvals. (c) It is also the purpose and intent of this chapter to provide for the eventuality that additional amounts of sewage treatment capacity will become available and to provide authori-y- for the adoption', .by the City Council, by resolution, of a system. for allocating that capacity among competing demands, Such an . allocation would authorize an applicant to process a developmen$ in accordance with the usual city procedures, - -. 21.49.020 Planning Moratorium, No-hJith s tanding any provisions of the Carlsbad Municipal Code to the contrary, - application, processing OJ approval of any entitlement for development pursuant to Title 20 or Title 21 e5 the Carlsbad Hunicipal Code is hereby prohibited except as Sallows : portion of the City of Carlsbad within the sszzke territory of the San Marcos or Leucadia County Water DistrLzzs may be accepted and processed provided the applicant submits L: conjunction with his application a letter from such district FzZicating that the sewer services are available in connection wLL~ &the development, The application may be approved if the approFz5ite decision-making body finds that sewer service remains availa5h and will continue to remain available concurrent with need in comection with the __ development . 2. Applications for conditional use permits, -variances, reversions to acreage, certificates of. compliance and adjustm2nt plots may be accepted, processed and approved if the City Manager determines that the approval of such item will not- require any new sewer connection permit, The City Manager's determination may be appealed to the City Council, whose decision shall be final. Discretionary approvals in connection with the Plaza Cdno Real expansion may be processed,.'accepted and approved. Any necessary applications _for projects undertaken by the City of Carlsbad may be accepted, processed and approved- necessary to proceed with the annexation of the Palomar Airport and any applications necessary in that regard may be accepted, processed and approved- provides an alternative riethod of sewer disposal for the project site may be accepted, processed ar-d approved. of other govexnre-zzl agencies if the City Council in its sole discretion deter-LK2.s that the project is necessary and in the public in teres t - may be acceptecZ* ?rsczssec? and approved subject to the imposition of certain conditis~s, to insure that the Tentative Map cannot be finaled witfioxt ske finding by the City Council that adequate sewer service is available, 1. Applications for approvals locate? within that 3. 4, 5, The City Manager is authorized to take all the steps 5. Any application for which the Carlsbad Municipal Code 7. The City Council may grant exceptj-ons for projects 8. An-':==-- py- -- -loris for Tentative Subdivis-ion .Map extensions 9. The City Council nay grant exceptions for projects CRCIIOCNT OBY BIANCHARD VICC CRRSIa.NT STANLEY A. MAHR DIR LCTORS HARRY a. KEEBAUGH MARGARET E. FERGUSON LEO P. SMITH GLNIRAL MANAGLR JAMES F. McXAY Arr0RN.Y VERNON A. PELTZER sari marcos county bdter district PHONE (714) 744-0460 788 SAN MARCOS BOULEVARD SAN MARCOS. CALIFORNIA 92069 C May 29, 1979 Mr. Paul D. Bussey, City Administrator Ci ty of Carl s bad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Bussey: After construction of facilities which allowed S5,n Harcos County Water District to connect and transport all of 5s District's sewage to the Encina facility for treatment, th's District moth- balled its treatment plant located in San MarcGs Qnyon. were terminate into our old treatment plant approximately in August 1969. - At the time the p?ant was shut down, it was the District's'intent to reactivate the plant at a future date for reclamation, as evidenced by our construction of diversion works in our Encina project, which would allow flows to be returned to the old treat- ment plant for reclamation. as a contact stabilization plant. the flows were averaging 0.6505 million gallons per day (see Exhibit "A"). Flaws .. San Marcos operated its facilities At the time of the shut down The plant was reactivated as a training plant operated by-the State of California Water Quality Control Institute. Prior to reactivation, the State made certain rnadifications to the physical plant, converting it to a conventional activated sludge process. The current plans for the plant as discussed in the enclosed "La Costa Northeast/San Marcos County Water Di strict Waste Water Treatment and Reclamation Project" is to convert the plant to an extended aeration process whi ch wi 11 requi re the en1 argenent of certain conponents and the addition of others to achieve a 600,000 g.p.d- plant capable of meeting todays discharge require- ments. Thi s wf i 1 i nvol ve terti ary treatment, the construction of a 90 day fz::-safe storage reservoir (54 million gallons), a Mr. Paul D. Bussey - 2- May 29, 1979 . balancing reservoi r and the necessary pumps and appurtenances to distribute the reclaimed water to lands specifically pre- pared with landscaping suitable for the application of reclaimed water. Design of the project is under way. The E.I.R. is complete and a copy enclosed for your information and files. Permit to discharge has been filed with the State Regional Water Quality Control Board and their Order #79-23 "Waste Discharge Requirements" is attached. The purpose of this project is two fold: dwelling unit equivalents for use within the Sa2 Xarcos County Water District service area and, which would otherwise be wasted into the PacifSz, Ellowing a secondary use of our water supply. 1 - to provide treatment capacity for a3sr;ximately 2400 2 - the rectzzation of water, The City of Carlsbad adopted General Plan desi;zzlas our plant site as a Public Utility, but it is our underszrzding that the City zoning does. not conform to the General Plzr., desire of this District to proceed as rapidly 2s Fossible and we respectifully request the City to notify us what steps will be necessary to accomplish the zone change. It is the - -. Sincerely, J FM/mds E XH I BIT 'I A" .. 1367 Jan, Feb- Mar. Apr . ' May Jun. Jul. Aug . S2p. act. XOV. Dac. __L Mi llions,/Gal. 13.210 12.202 13,333 14.158 . 13.905 13.591 1'5.488 14.720 14.649 14.680 14.620 -I6 :574 171,245 I Avg. f los.r/x~~onth-14.270 Avg. yal/min. 330.0 Avg. flow/day -4756 1968 Jan. Feb. Ear. Apr - ya\. Juri. JU1, Aug . Sep. Oct. Nov . - Miiiions/Gal. 16.342 15.171 16 - 289 16.259 15.197 15.510 15 - 200 15.755 14,715 14,965 . 14.790 .. r Dec. ' 14.940 187.133 : Q Avg. f low/month-15.594 Avg. flow/day -5138 Avg. Gal./n\in. 361.0 Acrc Ft. 40.53 37.43 40.91 43.43 42.65 41.69 47-51 45.15. 44-94 45.06 44-85 33. Lii. 525.28 - 7.. 43.77 1.459 Azr;! FE- 50.12 46.54 56.10 49.87 46.61 '47.56 46.63 48.33 45.10 45.90 45.37 45.83 573.33 47.83 1.5943 . m. connections 1384 13G9 1394 143 1 1436 144 1 1447 1454 1631 1653 cc 7 1385 Ea- csnncctio3s 1580 . 1684 1700 1734 1737 174 1 1746 1751 1755 1764 -. /J 16.69 $77 2 May 1, 1979 cn COSi=R Mr. Paul D. Bussey City Manager CITY OF CARLSBAD Car I sbad, Ca 1 i f orni a 92008 Subject: Agreement between La Costa Land Company and San Marcos County Water District I In a separate letter, copy of which is attached, the San Marcos C3i;nty Water District has informed your planning director that sewer service is avaiicbis for a propossd Planned Unit Development in the Meadowlark area (up to 300 ec;,hs.zlent dweliing units), subject to La Costa Land Company’s performance of ihe prz-risions of a contract described in paragraph 3 of thpt letter. For your information, we are submitting to you a copy of that a.q=.snent for ths design and construction of reclamation facilities between the La Costa Land Company and the _- San Marcos County Water District. ., Before summarizing the contents of the agreement, I should inform you that we will be requesting and presumably the District will be providing sewer service avoi1abifity letters for up to an additional 500 EDU. Certainly, we will be requesting sewer service avail- ability letters for the Rancheros (92 E.D.U.s) and the Meadowbrook area, north of Alga Road (up to 350 E. D.U .s) . 3 In general terms, the agreement provides khat the La Costa Land Compny.wiII, on behalf of the Districi; 1) Renovate and reactivate the exisking sewer plant at the mouth of the San Marcos Canyon; and 2) Expand the capacity of the sewer plant to 600,000 gallons per day; and 3) Build a fail-safe lakt (54 million gallons); aRd 4) Build a balancing reservoir; and 5) Provide areas fs 5s cmstructive use of sewer effluent for up to 500,000 gallons of sewer effluent PO; 5~;. i?iesumably, the District will eventually find other uses for lCj0,GCO gall~~ zt: tz;!,) (Continued) COSTA DEL MAR ROAD - CARLSEAD,CALlFORNIA 92008 - AREA CODE 714 - TELEPHONE 43.3-9kll - .. a' . Mr. Paul D. Eussey, City Manager, City of Carlsbad Page -2- May 1, 1979 The areas to be planted and maintained in the Meadowlark, Meadowbrook and Rancheros areas will be landscaped as part of the suklivisions (or Planned Unit Developments) described above. There will be a Master Homeowners Association for the entire area and a Master Homeowners Association in each of the subdivisions. One of the responsibilities of these homeowners associ- ations will be to coordinate the use of sewer effluent. No individual resident will be able to obtain access io the sewer effluent lines. Obviously, the use of sewer effluent will require dual piping systems throughout the northecst area and withwt the coordinated development of all facets of the p1m, the progrcm will fail. As you are aware, the Rancheros project may proceed without further 7:uisuit of the La Costa Master Plan. Since the Meadowlark and Meadowbrook areas are ptcr.;.,td for Planned Unit Developments (PUD's), it does not appear that Master Plan approval ?s ;squired (see Section 21.45.030 of the Carlsbad Municipal Code). However, while the Pt'3's ore being reviewed, it is our intention to also proceed with the Master Plan process. 1 am sure that you can understand'that the processing of these project5 tre of significant import- arxe to our company. The entire project appears completely consisten? with the General Plan of the City of Carlsbad. The orderly development will eliminate the clead-ended Alga Road and allow traffic to go through to Melrose and Rancho Santa Fe Road. The Canon Park site will be dedicated. We are sure that as part of ail that processing, we will work out satisfactory arrangements with the San Marcos School District as far as educational facilities cre concerned, Thank you for your cooperation. Sincerely, LA COSTA LAND COMPANY Fred J. Morey Vice President%overnrnental Relations FJM/eem cc: City Attorney Planning Director Public Warks Director City of Carlsbad .TlonmaT lERNON A. PELTZER \pril 30, 1979 City of Carlsbad 3.200 Elm Avenue Carlsbad, California 92008 Attention: Director of Planning Re: Sewer Service: . La Costa Land Com2any Propased. Planned Unit Development f "Neadowlark" f La Costa Land Company, the fee ower 02 the land described in Exhibit "A" , [Applicant] , 5as requested the San Marcos County Water District Z3isfrictJ to provide a sewer service availability lztter for a planned unit develognent of the subjzct property [ "Meadowlark" 3 . This property is located within the District and within the sewer service Improvement Districts, and is eligible to receive service, no connecting facilities in the immediate vicinity - . of the project, and the Applicant will be required to meet the following conditions for service 05 the property t The District has 1. Construct all on-site and off-site sewer facili- ties to conr,ect: the proposed project to District facilities and dedicate the facilities to the District in accordance with the District's standards, rules and regulations. 2, Pay all fees required by the District on denand by District, 3. Perform the terms of the "Agreement for Design and Construction of the Reclamation Facilities Between La Costa Lzrrd CGmpany and San Elarcos County Water District" with effective date of March 19, 1973, [Reclamaticn Agreement], to provide the facilities and capcit2- to handle the sewage for this project, Subject tc th3 foregoincj conditions, this District will provi2e the project up to and including 300 dwelling xnit equivalents (computed at the rate of 250 gallons per day per DUE) with actual connections to the systen to be scheduled and provided in accord- ance with the terns of the P?CLAMA'L'I:ON AGECEFEEiT, I City of Carlsbad; Director of Planning RP: Sewer Service; La Costa ~2nd Company Proposed planned U ni t e d D eve 1 Opme n t f ” Plead OW 1 a r k ” ] April 30, 1973 x* It is understood by Applicant that this letter is based upon existing conditions and is issued for planning purposes and that the- conditions precedent specified above must be satisfied before service will be provided. This comitment to provide service has been made by the Board of Directors and is subject to the Applicants’ compliance with . the applicable rules, regulations, ordinances, procedures and policies of the District, including those relating to fees and charges, the California Enviro,mental Quality Act of 1970, as mended, the applicant’s agreement to construct any on-site and off-site facilities, together with the a92licant’s providing security as required by the District for such construction, This letter of availability pertains solely tc; +he pro2osed project and is not transferable to any other aroject, is not transferable to any other parcel of land, anC Fs not trans- ferable to any othe? applicant, provision, whether or not legally effective ta accomplish a transfer, automatically renders this letter null and void, This letter is void and of no further force and effectjon or after I June 1382, SAN MARCOS COUNTY WATER DISTRICT Any act in violation or‘ this - General Manager JFM cK/VAP/nc Encl- cc : La Costa Land Cornpc7ny’’- Smith & Peltzer, Attention: Vernon A- Peltzer, Esq- -. -. THE LAND REFERREO TO HEREIN ZS SITUATED IN THE STATE OF .- CALfFORNIBo COUNJY OF SAN PIEGO9 AND IS DESCRIBED AS FOLCOHS: .- .-- '- THOSE PbRYZQFS OF THE SOUTHEAST OU4RTER OF SECTION 19 AND OF THE NQRfHHESl WARTER OF SECTIDN 29 AND.OF THE NORTHEAST QUARTER QF SECTION 30 TOMNSHIF a2 SOUTH^ RANGE 3 JEST^ SAN EERNARDINO MERIOIAN~ FXRTLY rN THE CITY OF .TO~FF~CIAL PLAT THERE OF^ DESCRIBED AS FOLLOWS: - - .... . CARtSBADv ALL IN THE COUNTY OF SAN DIEGOv STLTE OF CALIFORt4SAo 4CCORDTNG COM?-lENCING Ai THE EAST QUARTER CORNER OF SAID SECTION 36; THEYCE ALCMG Ti EAST-WEST CENTER LINE OF SAID SECTZOFJ 30p SOLJTH 89OLB'31'* HEST,o 1068013 FEET; THENCE NORTH O04L'29'' WEST9 571-85 FEET; THENCE NORTH 66°54c00'2 EAST9 223-07 FEET TO THE TRUE POINT OF BEGINQIt<G; THENCE NORTH 23°06v0U" 28°00'OOr* WEST Ir 33LSO FE:ET; THENCE CONTINUING NORTH -280Od' HEST 310 WEST9 660 .FEET; THENCE NORTH 77°00u00" HEST 290 FEET; THENCE NORTH FEET; THENCE SOUTH 75°09s30~a WEST 285 FEET; THENCE NORTH 11°50v30tq %€ST 400 FEET; THENCE RCRTH 78O09'30" EAST 700 FEET T3 A TANGENT 2000 FOOT - RADIUS CUP.VEv COXCAVJE NCIRTHEKLY; THENCE EASTERLY ALONG SAID CURVE THROUG AN AtJGLE OF 6000' R DISTANCE Of 209-44 FEET; TttENCE TANGENT TO SAID CUKW NORTH 72*09'30" €&ST 377 FEET; THEKCE SOUTH L7°50030" EAST 285 FEET TU A TANGENT 3200 FOOT RADIUS CURVEV CUNCAVE EASTERLY; THENCE SCIUTHEKiY &LONG SAID CURVE THROUGH AN ANGLE DF 18°05014'8 A DISTANCE OF 982-25 FEET; THENCE TANGENT TG SAID CU9VE SOUTH 35O25'44" EAST 1466689 FEET TO A IbIb!E WHICH DEARS NORTH 06"54* EAST FRO!-! THE TRUE POINT UF REGINNING; THENCE SCIUTH 6€~~54' HEST LO30 FEET TO THE TRUE POINT OF BEGINNING, NOT€: THE FOREGOING DESCPiPTION IS SUBJECT TO SURVEY,