HomeMy WebLinkAbout1979-12-18; City Council; 6080-1; Lake Calavera Hills sewage treatment facility agmt,.
*- , - CITY OF CARLSBAD
NO. 6080-Supplement 1 +AGENLA BILL
December 18, 1979 DATE : -.
DEPARTMENT City Attorney
Initial:
Subject: CONSTRUCTION AND FINANCING AGREEMENT FOR LAKE CALAVERA HILLS SEWAGE TREATMENT AND F7ASTEWATER R?3CLAIT.3aTION FACILITY
AC,REF.F'IF.NT -- RRVTSFln
Statement of the Matter
At your November 20, 1979 meeting, the City Council was presented with an agreement for the above-referenced project. Due to some new information from the Regional
Water Quality Control Board, it became necessary to change some of the basic assumptions of the agreement. A menorandum from my office discussing the matter and the revised agreement is attached. Pertinent exhibits from the November 20, 1979 agenda bill and the revised agreement are also attached.
The revised agreement is acceptable to Lake Calavera Hills
and, in our opinion, it is consistent with the policy judg-
ments made by the.City Council.
Exhibits
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Memorandum to the City Council, from City Attorney, dated December 7, 1979.
Memorandum to the City Council, from City Attorney, dated November 9, 1979.
Agreement between City of Carlsbad and Lake Calavera Hills
Associates for Construction of a 1.2 PlGD Sewage Treatment and Wastewater Reclamation Facility.
Resolution No.b~no , approving said agreement.
Recommendation
If the City Council is satisfied with the terms and conditions of the proposed agreement and wishes Lake Calavera Hills Associates to proceed with construction of the facility, your action is to adopt Resolution No. (o()o 0.
Council Action:
12-18-79 Council adopted Resolution 6000, approving an agreement with Lake
Calavera Hills Associates for construction of a 1.2 MGD capacity sewage treatment and wastewater reclamation facility and necessary appurtenances and to provide for the financing and reimbursement
for costs of oversizing thereof. I
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DATE :
TO :
FROM :
SUBJECT :
MEMORANDUM
December 7, 1979
Mayor and City Council
City Attorney
REVISED CONSTRUCTION AND FINANCING AGREENENT FOR
LAKE CALAVERA HILLS SATELLITE PLANT
At your November 20, 1979 meeting we presented an agreement for
the construction of a 1.2 MGD satellite sewer plant. The agreement was based on an assumption that the effluent from the plant would be disposed of in the aquifer. The Public Works Administrator has reported that the Regional Water Qaulity Control Board will not approve that type of disposal. He presented an alternate
system to the Council which provided for effluent disposal via
a connection to the Encina ocean outfall and incorporated facilities
for the reclamation of wastewater from the plant. Council approved that system in concept. As a result, it was necessary for us to conduct further negotiations with Lake Calavera Hills and revise the agreement.
Our memorandum of November 9, 1979 discussed some of the issues involved in the agreement. With the exception of the discussion of phasing, the matters discussed apply to the revised agreement
and should be considered by the Council as part of your review
of that document. While the revised agreement contains provisions for phasing, it is of a different kind. As it stands now, a fully functioning 1.2 MGD plant, with a fail-safe line connection to
the ocean outfall, will be constructed in one phase. The agreement recognizes the possibility that it may be a little more difficult to resolve all of the problems involved with water reclamation.
Subject to a requirement that Lake Calavera Hills bond the completion of that system, the agreement provides that the City Council may approve ' moving ahead with certain aspects of their development prior to actual completion of the entire system.
The Council should review the financial sections of the agreement
which have been revised. Lake Calavera Hills will be reimbursed for the cost of oversizing the treatment plant and the effluent line. Lake Calavera Hills will bear the majority of the costs for
that part of the system. The Developer will be reimbursed for 58.23%
of the water reclamation facility. That figure represents the
relationshipthat the projected build out of the entire drainage basin bears to the projected build out of Lake Calavera Hills. The agreed percentage reflects a series of assumptions, judgments and
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Mayor and City Council -2- December 7, 1979
compromises, bases for which are contained in the Planning Department's
memorandum to the City Manager, dated October 25, 1979.
The agreement is a complex document. Please review it at your earliest convenience and let me know if you have any questions.
VFB/mla
VINCENT F. BIONDO, JR. City Attorney
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MEMORANDUM
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DATE : November 9, 1979
TO: Mayor and City Council
FROM : City Attorney
SUBJECT : CONSTRUCTION AND FINANCING AGREEMENT FOR LAKE
. CALAVERA KILLS SATELLITE PLANT
The Public Work Administrator has prepared a memorandum, dated
October 30, 1979, which, beginning on Page 2, outlines the history
of the above-referenced project. A copy of the memorandum is
attached hereto. The City Council, on August 7, 1979, adopted a Precise Plan of Development for the sewer plant. The conditions of approval for that plan reflected a series of policy judgments.
A copy of the conditions is attached and it should be reviewed
at this point. Our office was then directed to un'dertake the
negotiation of a master construction, fi'nahcing and reimbursement
agreement. In carrying out that direction, my office has been
involved,on an almost daily basis over a three month period,
in meetings, staff discussions, drafting and other activities. As a result, we have forwarded an agreement to the Council which we think is consistent with the Precise Plan and the other policy
directions we have received on the matter.
The agreement is a complicated document which should be carefully
reviewed. We will try to meet with each member of the Council
individually to review its terms. The agreement contains a number of compromises. It is not practical in this memorandum to outline all of them so please let us know if you have any concerns.
One policy questions which the Council may wish to resolve before
considering the agreement is the determination that the average
flow rate for all new EDU'S to be connected to the proposed plant
be initially set at 200 gallons per day. The Public Works . ~ Administrator's.memorandum, dated October 30, 1979, discusses this matter and it should be carefully reviewed. One of the foundational assumptions of the agreement is that the 200 GPD figure will be used. If the Council has any concern in that regard, you should ask the Public Works Administrator for further information.
Another significant policy assumption is that the Council will
accept a phase construction of the plant. The terms and conditions
under which that may occur are set out in detail in the agreement.
Our willingness to recommend phasing was based upon assurances
'Mayor and City Council -2- November 9, 1979
that the Developer will remain responsible for completion of
the system. In that regard, if the plant is phased, Calavera
Hills will be limited to 41.77 percent of the Phase I capacity.
That figure represents the relationship that the projected
build out of Lake Calavera Hills bears to the projected
build out of the entire drainage basin. The agreed percentage reflects a series of assumptions, judgments and compromises.
The basis for them appears in part as exhibits to the agreement.
The matter is discussed in more detail in a memorandum from
the Planning Department to the City Manager dated October
25, 1979. Again, this work by the Planning Department is
one of the foundational assumptions of the agreement and the
Council should satisfy themselves that it is correct.
The agreement defers ultimate resolution of the question of reimbursement. We would have preferred that the project go
to bid and the many issues involved in reimbursement be
resolved based on firm bid figures. In the alternative, we devised a series of engineering estimates which will be
prepared and presented to the Council for approval after the agreement is signed. Calavera Hills and the City Engineer
have been engaged in an extensive series of meetings involv- ing these estimates. The final resolution of who pays for what will be made when the Council considers the estimates.
Please excuse us for stating the obvious but this project is
a significant one and the arrangements we have made to help
carry it out are complex. exhibits, the Lowry Overview Report, the Montgomery Report and EIR, and the exhibits to'this memorandum, should all be carefully reviewed.
City departments should satisfy yourselves that the agree-
ment will allow us to proceed as you consider appropriate.
The agreement, with all of its
The City Council and the responsible
'\ VINCENT F. BIONDO, JR.
VFB/mla
Attachments
cc: City Manager
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MEMORANDUM
TO : City Manager .
FROM : Public Works Administrator
DATE : October 30, 1979
SUBJECT: LAKE CALAVERA HILLS SATELLITE PLANT
PROPOSED FINANCIAL AGREEMENT
INTRODUCTION
The City Council, on August 7, 1979, adopted a Precise Development
Plan for a 1.2 million gallon per day wastewater treatment and reclama-
tion facility. A condition of PDP #2 was that the developer, Lake Cala-
vera Hills Associates, enter into a Master Reimbursement Agreement with
the City. The terms of that agreement have been reached after a number
of meetings between the developer's representatives and the City Manager
and City Attorney.
To reach agreement on terms regarding a plant, yet to be designed
or built, which is intended to serve future development, requires that
certain assumptions and concepts be mutually accepted.
Public Works has been asked to comment on the assumption that: (1) All new development in the Lake Calavera Hills area will have ah
equivalent dwelling unit (EDU) flow rate of 185 gallons per day (GPD);
and (2) existing units, presently served by Encina, but capable of be-
ing switched over to the reclamation facility, will have an EDU flow
rate of 246 GPD. We have also been asked to comment on the concept
that EDU flow rates be reviewed.annua11y and adjusted as required based
on actual flow data. In conclusion, we have been asked to briefly out-
.line the history of the proposed project.
RECOMMENDAT I ON
It is recommended that the average flow rate for all new EDU's
served by the proposed satellite plant be initially set at 200 GPD. It
is further recommended that existing EDU's, when switched over to the
satellite plant, be initially set at 246 GPD and that actual flow rates
for both new and existing EDU's be evaluated annually based on actual
flow data and the use of engineering judgment.
DISCUSSION
It has been proposed that EDU flow rates be set at 185 GPO for all
new construction and 246 GPO for those units being transferred over from
Encina to the satellite plant. It has been further proposed that EDU flow rates be reviewed annually and adjusted as required based on actual
flow data.
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Dealing with those issues in inverse order, ‘ mendation that flow rates be reviewed on an annua
tion gained would be useful in managing the facil
equitable administration of the agreement.
concur in the recom-
basis. The informa-
ty as well as insuring
The use of 246 GPD as the flow rate for existing units that may be
switched to the satellite plant from Encina is concurred in at this time.
The development of the 246 figure is the result of an extensive staff
study performed using data from all existing connections and is, there-
fore, a system average figure. It must be remembered that our present
system uses data gathered over decades when the only information kept, if
any at all, was the building permit information on plumbing fixtures.
The new service area will be residential only and will utilize a signif-
icantly improved data base for system management. While it is probable
that the transfer of existing units from one data base (City service
area) to another (Lake Calavera Hills service area) will result in some
modification based on annual review figures, the use of 246 is probably
more acceptable than any other figure at this time since it is based on
the use of actual flow data.
I do not agree on the use of the figure of 185 GPD for each new
EDU. The developer has submitted data from several different agencies
to support his contention.
in my opinion, very selective. While it includes data from one of the
joint system members (Encinitas), it does not contain data from other
member agencies which also serve residential connections almost exclu-
sively. The Leucadia County Water District, during fiscal year 1978-79,
had an average connection flow rate of 250 GPD. The Buena Sanitatipn
District averaged 208 GPD during the same period. In addition to a prob-
able change in flow characteristics, including flow rate, as we compare
one service area with another, the numbers will change depending on the
methods used to record connection and flow data. Lacking specific flow
data, I would suggest that we use information derived locally to deter-
mine an initial flow rate. The Sewerage System Improvement Program pre-
pared for the City by Brown and Caldwell in 1976 indicates that the aver-
‘age domestic flow for the City of Carlsbad is 80 gallons per capita per
day. The City Planning Department indicates that the average dwelling
unit occupancy ratio is 2.6. This figure is used elsewhere in support-
ing data for the Master Reimbursement Agreement and, therefore, appears
to be acceptable to the developer. When the average occupancy ratio is
multiplied by the average domestic flow, the result is 208 gallons per
dwelling unit. Allowing for a reduction in flow rate due to conservation
practices put into effect since Brown and Caldwell generated their 1976
figures and allowing for the addition of a small fracticn to account for
the commercial areas and schools proposed in the Lake Calavera Hills Mas-
ter Plan, and remembering that the figure will be reevaluated each year
based on actual flows, I suggest an average EDU flow rate of 200 GPD.
I have reviewed the data submitted and it is,
HISTORICAL BACKGROUND
The need for additional sewage treatment capacity became apparent
to local sewer service agencies in the early 1970’s when plans for
Phase 111 were first discussed. Concerted activity begain in 1974 and
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culminated with the preparation of the Phase 1 I I project report, finan-
mandated air quality programs delayed concept approval until mid-1978.
By this time, the City had obligated all its sewer capacity and, in April, 1977, instituted a moratorium.
' cial plan and EIR in early 1975. Complications because of Federally
In addition to the concern caused by the moratorium, local agencies,
as well as the State of California, have for many years been expressing
concern about the adequacy of our water supply. it became increasingly
apparent that water reclamation would prove to be a significant source of
water for agricultural and landscaping irrigation thereby making a larger
portion of our imported water available for domestic and other more re-
strict.ive uses. In recent times we have begun to experience significant
escalation to the cost of imported water. This increase was due primari-
ly to the vast amounts of energy required to bring the water south from
northern California. This problem is compounded by the spectre of a mas-
sive increase in energy costs when Federal power contracts are renegoti-
ated in the middle 1980's. These three issues, moratorium, increasing
demand and increasing costs, are the main factors which resulted in the
proposal to build a satellite reclamation facility.
The developer realized that he would have to wait until the comple-
tion of Phase 111 before he could do anything with his holdings unless he
provided the needed treatment capacity himself.. .The City, on the other
hand, was not responsive to a proposal to build a satellite treatment
plant unless it could be shown to benefit the general public by providing
both treatment capacity and water reclamation. A series of reports, in-
cluding the Overview of Wastewater Reclamation Opportunities, prepared by
Lowry & Associates in March, 1978, and a series of policy discussions
by the City Council, led to policy statements that any satellite plants
must be able to serve a logical service basin.
The drainage basins recommended were to be the compromise of optimum
sewage treatment service areas and optimum reclamation service areas.
Since some of the factors in one type of service area worked against
needs in the other type (i.e., elevation difference, which works favor-
ably for the gravity sewer collection system, works unfavorably for the
pressurized relcaimed water system which must pump the water uphill from
a treatment plant thereby consuming more energy), an engineering evalua-
tion would be necessary. The determination of logical service area ba-
sins and the appropriate technology that would provide adequate treat-
ment and the opportunity for reclamation, were to be the subject of fur- . < ther studies.
In 1978, James Montgomery Engineers were commissioned by the City
to prepare a project report and EIR on a satellite plant to serve the
northeast portion of the City. That study identified a service area of
slightly in excess of 4,000 acres with several treatment plant configura-
tions located on each of two potential sites, one of which was proposed
by the Lake Calavera Hills developer.
While the Montgomery report was being reviewed by all affected
agencies and by the Planning Commission, the developer received final
approval on his amended master plan. This was soon followed by a gener-
al plan amendment which designated a future treatment and reclamation
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facility in an area encompassing both sites discussed in the Montgomery
report. While reviewing the EIR on the proposed satellite plant, the
Planning Commission asked for, and received from Council, policy direc-
tion on several issues including a statement that reclamation was a nec-
essary part of any satellite plant that was to receive any consideration
by the City. The Council also determined that the site proposed by the
developer was preferred over the other site studied.
The City Council, on April 3, 1979, upon the recommendation of the
Planning Cornnissim, certified the Montgomery draft EIR.
Following certification of the EIR and indication of the preferred
development scheme by the City Council, the developer submitted an appli-
cation for a Precise Development Plan, which, if approved, would allow
him to commence design of the proposed treatment and reclamation faci 1 i-
ty. There were a number of specific questions that had not been resolved.
Council agreed to use the conditions of the Precise Development Plan to
resolve the planning questions. Other questions would be resolved as
part of the City/developer negotiations that resulted in the financial
Master Reimbursement Agreement.
The financial agreement itself will answer the fiscal questions.
Memoranda from Planning and Engineering staff will address issues of per-
centage of basin within developer's Master Plan and percentage outside,
construction costs, costs of oversizing and other items.
Respectfully submitted,
d A~cpL---
Ronald A. Beckman, P.E.
Public Works Administrator
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RAB: VEB
CC: City Attorney
City Engineer
Planning Director
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9. .
I . Revised Condition:; .> .
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31.
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Gracliiig pS.~ns for a1.I facilities shall be approvcd 13y the
Puh3.j.c Work..; Iidmini..:.Lrator or his designee prior to issumce of 13uilclincj permits. Such plans shall. include
provisions to limit grading , cut and fill and excavation to the mia:ix.um areas nccessary to prepare construction
pads. and excavat-e for treatment ,' transport and disposal
facilities.
I>raj.nc?ge facilities adjacent to the trcatrnent pl-ant and
percolation ponds shalI he designcxl to acconmoda-Le a
one hundred year flcod arid protect the lxcatncnt plant
and percolation ponds. 'rhcsc facilities shall be construc tcd concurrently wii:h grading activity
Surfaces shall be graded to direct runoff toward designed
drainage facilities and away from any cut and fill sl.oper;.
Land shall not be cleared of vegetation except immediately
before grading and grading should taJ;e place only during
the dry season (April 16 to October 31).
All graded slopes shall be stahl.ized for erosion control
irmcdiately following grading by -the developer.
Illa.i?dscape 2nC! irrigation plans shall be siibrnittcd for
the approval of the Flanning Director. Tlie 1and.scaping
shall be designed to screen -the treatment facilities
recliarge~ basins from surrounding properties. Plans
shall inclttde fast grot~ing, tall trecs as we11 as a cond3ination of shrubs and ground covcr. Plants shall be drought tolerant, fire retardant where necessary and
easi1.y maintained. The approved landscaping and irrigation
shall be fully installed prior to.the City accepting
the facilitics.
Natural- vegetation and existing Eucalyptus trees shall be re t a i. lied w hc r eve r po s s ib I. e .
All. pumps generatos-s and other noisc producing mechanisms
shall be placcd undcrground and/or sbic?lcled in such a maniicr
to reduce noise attributccl 1-0 the facility to a maximum of
fifty-five clba at property Line of all facilities.
The applicant shall suhn1j.t an nrchacol~ogical invcstigatioii for the approval of thc Plannj.ng Dircc tor that indicatcs the
location of any archncologji.ca1 rcsourccs tlict could be
affected by tile construction of the trca tmcnt facility,
recharge basins I cff1uent line and any acccssory pumps,
Bcccss roads, wells I ctc. The final Precise Dcvclopmcnt
PI ails shall inclutlc means to initigatc. any potcntial impacts noted in this invcstigation.
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2. In addi.ti.cn to the approval of the development indicated in the exhib-its noted above all other requirements axd
; appwixnmczs as listed in this approval shall he
indicated on the final Precise Development Plan.
*. 3. The p~oposec! treatment pl-ant shall be constructsd in cric
phase as a 1. 2 mgd capacity plant vr:i.th 13SrCOlZition ponds,
cf fluent Lines to serve ponds, c?nd all other kppur.Lc+n<i;,rlces ncces'sary tc opcrate the treatncilt plaiit et its f~l5.y r~ixd capacity of 1.2 mg-3 !_.Tot wit.hstanding the f~rqciiicj phased constructi.on as specified in Co:?dition # 9 1iere.h may bc? perr?.:itt.ecI.
to the Izncina line at E1 Camino Real shall be coxstructed
as part of this project.
4. . A reversib3.e force main connecting the treatment f aci. Si'des
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7. '. All proposed users of the txeatment plant shall prepzrc
'and provide a plan acceptable t.o tlic City establi.shi.ng and quaranteeing a method to utilize any reclaimed water prior to any approval of their projcct. The rcc.la:i.i.ned water may not be applied to native vegetatj-on or areas where there are no existing or pl-anncd po-Lable water uses. As a guide for dcte.rmir.ing the acreage 04
land necessary to utilize the. rzclaimed water, the rjtio of gallons of wai-.er,.to acres of land should bz as
follows E
3,000 gall.ons to one acre of agricultural land, or
800 gallons to one acre of landscaped land per
day.
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.. This ratio may be adjusted by the Planning Director to
accomnodate particular locations, soil types and plants.
Any plan required by Condition No. 7 shall be submitted to
the Planning Director for approval. Approval of the plan
by the Planning Director shall constitute acceptance of
the pSan by the City. In approvj-ng the plan, the Planning
Director shall give primary consi.deration to systems
_' where the land using the reclaimed water is either near
the recharge basin or served by gravity flow from the water reclarna-tion system, in order to conserve energy
required. for pumping. Approval by the City shall nbt constitute a claim to or a guarantee for availabili.ty
of rcclaimsd water. This condition and Conditions G and '7 shall be modified as necessary to accommodate
such City plan for -the use of reclained water as the
Council may adopt.
.The applicant shall be responsible for construction of
a fail-safe effluent disposal system sufficient to serve and consistent with the 1.2 mgd design capacity of the
treatment plant, unless the City Council finds and
determines that a water reclamation system consisting
appurtcnances necessary to reclaim water fro^ the recharge
basin:; consistent with such design capacity of the treatment is. feasible.
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' of mains, wells, puinps, check dams, and all other
If the water reclamation system
'. . .is feasible, its construction is preferrable.
Applicant shall use due dilicjcncc to obtain ~7.1'1 necessary
statc ;rpprovals for percolation capacity, first within the blaster Plan boundary of Lake Calavcra lli.1ls and thcn, if necessary , within alternative recharge. hasins located in the Agua Ilcdionda di:nj.nagc basin sufficient to handle
the design capacity of thc plant.
At the earliest possible time, px-Por to, .City's ncccptancc of
any portion of the trcatmcnt fnci.lity, the City Councj.1 shall
rnnl:c n ilei:crminntio~i as to whc>tAior (a) it is rciisonnj~1y fca::i.13I.e to obtain 1. 2 ingd perco1;ttion capacity wi. t:hin the Master I?lan boundary or ailjiic;clit i11.t~r11aLi.v~ rcchnqo basins ok,
(13) il dispo::ilblc cftlue~~t f;\j.l-safc sysk:c.111 r;1loul-c1 ljui1+-.
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&vi s c d Con di ti on s Pagc 3 b
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Upon either determination , the applicant shall be 'responsible for cocstruction and implemcntation of the a].ternative ,
s.elccted.. Plans for the. alternative scI.,lccted shall be
approved by the Planning Coinmission by a conditional
use permit prior to any grading , construction or plac.ing
of any equipment for the altcirpativc se~.ectcc~.. of the alternative selectec? shall. be conipl-eted wi.thin
a rei3SOili3blc time as specified in thc Master Reimburseme1lt Agreeinen t .
The applicant shall be responsible for the acquisition 05 land, easci~ents, or other rights necessary for the construction
required by this condition.
cannot acquire same after the exercise of due diligence,
the City shallhave the option 05 acquiring the same through its power of eminent domain, after due satisfaction of all
legal requiremats
public hearings, if required. In such event the appli-cant
shall be responsible for the direct expense of environrmntal-
and planning review, retention of special counsel to prosecute
the condemnatiGn action or actions, and payment of any
'required compensation to property owners. Acquisition must he reasonablv certain, to the satisfaction of the City, prior to their acceptance of any portion of the plant.
Any appurtenances necessary for reclamation , storage, or
use of the plant e~fluent, but not included for approval
j-n this 'application, shall be subject to Planning Comii.s.sion review and approval. At the time of review the Planning
Conmission shall determine if such aFpurtenances will have a significant adverse effect on surrounding property. is determ.ined that the appurtenances may have a sj.gnificant
adverse effect: a conditional use permit shall be required. Such conditional use perinit shall contaj.13 conditions sufficient to miti-gate any such potential significant
The applicant shall be financinll-y responsible for and shall
make all reasonable efforts to acquire and provide a thirty
foot wide access way from 'Snmarack Avenue ' to the treat-
ment facility, with necessary easement rights to accomuodatc
the i.-eve~:sihle force main requ.i.red by Cor,dition 4 hereof. In the event applicant cannot acquire same after the excrcise
of duc dilicjcsce, the City shall have the option to acquire
the same through its power of cinincnt donia:i.n, after due
satisfaction of a11 lcgn1 rcc~uircrncn-Ls, including environ-
mental review and public hearings, if rcqui.rcd. In such event, the applicant shall Gc rcsponsj.blc for the direct
expciise of cnviron~~ntal and planning rcvicw, retention' of
Construction
In the event the applicant
including environmental review and
If it
adverse effect.
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e ' Revised Conditions Page Q
*). _. kpecj.al counsel to presecute the conGeinnatioi-1 action or
.actions, and payment of any required compensation to property owners. Acquisition inust be reasonably certain, to the
ratisfaction of thc City, prior to any grading, construction ' or pl-acing of any equipment for the project.
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Upon compl.etion of construct;ion and such inspection and tcst.ir.g as required by City, the site, and all structures
and appurtenances for the tre-ltment facilities, recharge
basins as sho~.sn on approved exhibits , the tl1ijA.y foot wi.de access way from Tamaraclr Avenue to. thc trcatmcnt facility,
and all other appurtenances appr-ovcd hy and pursuant to this
approval, including either thc fail-safe effluent disposal
system or the water reclamation system, shall bc offered
for dedication to the City of Carlsbad, free and clear of liens and encumbrances.
The applicant shall be respons.i.ble for the payment of all costs of construction of the facilities as' approved.
Applicant may be reimbursed for certain costs expended in
construction of the treatment facilj-ty with infire capacity
than necessary to serve Lakc Calavera. Hills alone-. City
and applicant shall. enter into a MaGter Reimbursement Agreement-.
to provide for sxch reinbursemcnt and to implr,rl?,ent the
requirements of this Precise Developmen'i PZari. This agreement must be completed and accepted by the City Council before
any application for di scretionasy approval may be submit-kcci
or accepted on any project in the drainage hasin, except
projects already approved or in the process of acquirby
discretionary approval. If 110 agreeillent is reached withiil . one year frob the date of approval of this Precise D~WI.O~- ment Plan, a11 rights and approvals provided to applicant by this plan shall terminate and this plan shall no longer
have any force or effect.
14. Upon acceptance of the treatment facility, ownership shall
vest in the City, Provided, however, that appl.icant in
consideration of it-s initiation and fiizancing of this €acil.ity
* shall have reserved for it such capacj-ty as may be provi-ded in the blaster .Relmhuracment Agreement. .Except as providcd hclrein, or as otherwise authorized by law, appl-icant shall he subject to all existing or future ordinances rcgardiiig sewer
allocation, permit issumcc, or acceptance or approval of
applications for discretionary approvals . ..
15. If the City a~rees to accept the facility, acccss eascmcnts or other propcrty rights ncccssnry €or operat.i.on and main-
tenance of the percolation ponds, cffluent line, and . necessary nppurtcnnnces wh.i.ch have not previously bccn vcstcc3, in City puxsuant to Conditions 9, 1.0 and 11 hcrc.in shall be grantcil to the City by appl..i.cani= free and clcar
*, of liens and cncuiiaranccs.
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22.
The applj.cant shal.1 provj-de, such easements over its own
propcrty as determi.iicd by the City Council to be necessary , to acc0imlodtit.c sewcr service a!id rccl.;lniation for the other
properties 5.n the drainage basin'. 'l3i.i.s condition shall
also .be madie a condition of applicant's Master Plan.
The appl.i.cm'c shal.1 include in its mnstcr CC&R's for the
cntirc project and in the su.5division public reports for
each phase a detailed dcscription of the facility, its
proximity to dwe1.li.ng units, and the potciitial for adverse
impact. The CCGR' s shall provi6.e that the properky owners and their successors in interest covenmt not to object to or take any action, directlj7 or indirectly, in opposition to the locatj-on of the facilj..ty nor its continued. opcrati.on,
except to the extent that such objections and/or- action in furtherance thereof relate to the myligence or willful
misconduct of the persons or entities then operating the
facility.
A condition that prohibits the use of self-reyeneratiny
water softeners shall be placed on all-. development permitted to use this b7ast.e water treatment facj-lity. The Lake Cal-avers
Hills development shall contain such prohi.bition in the
CC&R's. . I
The applicant shall submit and process a parcel xap creating
separate lots for the treatment plant and recharge basins.
The Lake Calavera IIills .Master Plan (MP-150 (A) ) sha.11 be
amended as required by the approval of the zone chaiiye and
Precise Development Plan.
The applicant shall secure easement rights for the City
prohibiting the location of any habitable building within
one hundrcd yards froin the outsi.de edge of the service road or structure? and equipmciit , whichever is nearer to habitable
buildings as indicated. on I<xhi.bit 21-1. Tentative Map 7G-12
and PUD-4 shall be aiiiendcd if necessary showing. such ease- ment prior to final map and final PUD.
..
To insure that the pro-jcct wil.1 be designed with adequate
safety niargi.iist a u'csigii study for the facility shall be
submittcxl by Lakc C'alaverir 1Iil.ls Associates to the Pub1.i~
Woi^lis Aclmini strntoir or his dcsigncc and shall include thc
fol..l.owin~ spFcia1 studics: foundati 011, seismic safety, cxpansivc soil, soil stability, and spccial eng.hccring
requircincnts.
- -* 6 * .I I .' .. Revisd Conditions * Page 7
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a. 32.
33..
I
34.
r 35,
36.
The access way from thc plant to Tamarack shall he improves t,~ith a ~ninimurn of ti.renty foot wide asphalt. concrete drive-
way and sliall be approved by the City Engineer and Fire
Chief.
Pire hydra.n.ts shalJ. he install-ed at locc?i-.ions and with
flow rates as approvcrl by thc Fire Chicf or his designee,
An asphalt concrete driveway shall be provided to the percolation ponds. of the driveway shall be to the satisfaction of the City
Engineer and the Planning Director.
The equestrian trail through the trea1:meiit plant site as
Shown 011 Exhibit A-1, dated April 11, 1979, shall be
constxuctcd by the applicant and maintained by the Lake Calavera Hills Homewoners Association.
the eqcestrian trail located between the treatment plant and the recharge basins shall he placed wikhin the effluent line easement, and shall be constructed by the applicant
arid maintained by thc Lake Calzvera <HI:l.ls Honicov~ncrS
Association. The CC&R's for Lak.e Calavcsra Bills shall
The locatior: , di.n!eiisioxl and construction
The porkion of
. contain 'chis condition.
Final 'plans for treatment facilities and- recharcje basins
shall ind:iea.te appropriate lighting to provide a2eyuate nj.rjht time operations. Such lighting shall be designed . in a manncr so that nearby residences or public streets an not adversely affected. The liyh-ting plan shall be
subject to the approval of the Planning Dj-rcctor.
37. The treatment facility , recharge basins and any other
mech.anical appurtenances shall be totally enclosed by a
fence a miiiinium of eight feet in height and desi-gned for security purposes, silk) jcct to the requirements of the State
The applicant shall provide n method approved by the Public Works Adm<.nir;trator for the disposal of. sludge created by
the treatment plant.
.% Water Quality Control Board. "
30.
..
33. All equipnwnt proposcd to bc pl.accd on any rDof shall be
scrcencd from public view and subject to the appiroval of the Planning Director.
'40. Aft.er apprbv;iIr, the applicant :;hall su1:)mit a reproducj.blc '. copy of thc Prccisc ~cvcl.opi~~c~i~t Plan wliich incorporatcs
all rcquircmclnts of the appirovnl to the City I\lnnngcr for
' siyiiatuic. Prior to signing the final, I'recicc: l~cvelopmci~t
1
,
41.
.. I .:.
Paye 8
Plan, the City Manager shall determine that all applicable
reyuirenicnts have lieen incorposLted into the pl-an and t.liat
all conditions of approval have been satisfactorily met or otherviso guarantecd. The final signed Precise Dcvelop- ment Plan zllall be the official. site layout plan for the
property and shall be attaciicd to any applicction for a
building permit on the sub jcct proper izy.
This Frec3.s;e Developmcnt Plan shall be effective only
whcn an ordLnancc approving Zone Change 2 0 3 becoii~s
e5 fective .
..
*'
.
DATE : October 25, 1979
TO : City Manager
FROM: Planning Department J&
SUBJECT: LAND USE CALCULATIONS FOR THE CALAVERA HILLS
SATELLITE TREATMENT PLANT AGREEMENT.
As noted in our memorandum, dated October 19, 1979, regarding
Calavera Hills EDU Projections, this department prepared the
land use data used to make those projections. The City Attorney's office has asked us to document how the numbers were calculated.
First of all, the land area used corresponded closely with the boundaries of the Calavera Hills Drainage Basin as described
in the Environmental Impace Report (EIR-528) and Facilities Plan prepared by James M. Montgomery, Ccmsulting Engineers,
Iric. (Ji"). The only exceptions to those .boundaries were:
1. The area of the drainage basin described by JMI-I within
the jurisdiction of the City of Oceanside was not
included in our calculations.
2. A small area of the Quail Ridge project (described later),
approved with a total of nine dwelling units that were
not considered by JMM, was added to our calculations.
The drainage basin, with the two changes described above,
became our study area. The potential land uses within the
study area were then calculated as follows:
1. Potential Switchover - There are 629 existing dwelling units within the study area that could he switched over
from sewer service at Encina to service at the satellite
plant. The advantages of switchover have been identified as follows:
A. Existing units would provide initial sewage needed to activate the satellite plant.
B. Additional capacity would be made available at Encina.
The disadvantages of switchover would be as follows:
A. The.sewage generated from existing development is considerably higher than that generated in new develop- ment. Therefore, two different EDU rates have to be used in the agreement.
2.
B. If total buildout occurs as projected, the total demand (1.294 MGD) would exceed the design capacity of the satellite plant (1.2 MGD) . By leaving the existing dwelling units connected to
Encina, the maximum demand in the rest of the basin
could be handled by the proposed satellite plant.
Approved Projects (TM's) - There are three projects '
cithin the study area with approved tentative subdivision maps. The three projects, known as Carlsbad Palisades, Templin Heights (Chestnut Hills), and Quail Ridge, are
refrained from final recordation and development until sewer is available. As noted earlier, a small portion
of the tentative map for Quail Ridge extends outside of the drainage basin boundaries defined by JMM. Since
that area only includes nine additional dwelling units which would logically be served by the same facility that would serve the rest of the development, it was included within our study area.
3. Calavera Hills - A master plan (MP-l50(A)) was approved
for the area known as Calavera Hills on December 28, 1978.
(Ordinance No. 9517). Page 6 and 7 of the Master Plan
document contains a table describing each sub-unit ( "Village") of the Master Plan area and the devel.opment standards, including maximum dwelling units allowed, by which each sub-unit may develop. This table, modified as follows,
was used to project the ultimate land uses within the
area known as Calavera Hills.
A. For residential acres with a "Zoning Standard" of
"R-1-4'' (Villages H, I, W, X, Z-1 and 2-2), we calculated the projected EDU's as follows:
(GA-OS) x .67 x 1.5 = Projected EDU's
where :
GA = Gross Acres
OS = Open Space
' .67 = Percentage of buildable land less area for streets and steep slopes
1.5 = Average build-out density per acre
B. For residential areas with a "Zoning Standard" of 'IR-1" (Villages P-2, R-1, T and VI, we calculated the projected
EDU's as follows:
(GA-OS) x .75 x 3.2 = Projected EDU's
.2
.I .
.-
where :
GA = Gross Acres
OS = Open Space
.67 = Percentage of buildable land less area for streets
3.2 = Average build-out density per acre
C. For Village B, which has an approved tentative map for
138 single-family lots, we used 138 EDU's.
D. For elementary school sites (Villages A and M) we used
Section 13.08.081 (c) of the Carlsbad Municipal Code (CMC)
to calculate the projected EDU's. Figuring a pupil capacity
of 600 students per elementary school times the rate of 1
EDU per 60 students equals 10 EDU's.
E. For the junior high school site (Village S), we also used Section 13.08.081(c) of the CMC to calculate the proj-ected EDU's. Figuring a pupil capacity of 1,000 students times the rate of 1 EDU per 50 students equals 20 EDU's.
F. For residential areas with a "Zoning Standard" other
than "R-l-%" or "R-1'' (Villages C, D, G, J, K, L, 0, P-1,
Q, and U), we used the maximum number of units allowed in the Master Plan as the projected EDU.'s.
G. For parks (Villages F, N, R-2 and Y) we used a rate
of two EDU's (one restroom facility) per 5 acres.
H. For the commercial areas (Villages E-1 and E-2), we projected that one-fourth of the acreage would be in
buildings. In other words, each ten (10) acre commercial
village would contain 2% acres (108,900 sq. ft.) of gross
leasable area (GLS). Then, using the EDU rate of 1 EDU per 1800 sq. ft. of GLA established in Section 13.08.081(c)
of the CMC, we projected that each village would generate 60.5 EDU's.
4. Remainder GP - For the rest of the study area not already
identified, we used the Land Use Element of the General
Plan to project ultimate land use. The acreage of each
land use designation was computed and ultimate EDU's projected as follows:
A. RL (0-1.5 du's per acre) - There are 330 acres in the remainder of the study area designated as "Low Density
Residential (RL) .'I This area is composed of the Tootsie
K Ranch and an area known as Kelly Mountain or Cerro de la Calavera. It is projected that these areas will
develop with the use of septic systems and not need sewer
service through the satellite plant.
B. RLM (0-4 du's per acre) - There are 1360 acres in the
remainder of the study area designated as "Low-Medium
.3
>
* Density Residential (RLM) ." From this figure, we
subtracted the areas around Sunny Creek Road being
served by septic systems and areas that are too
steep or within a floodplain to develop a net acreage
of 1113 acres. We then calculated the projected EDU's
as follows:
NA x .67 x 3.2 = Projected EDU's
where :
NA = Net Acres
.67 = Percentage of buildable land less area for streets,
3.2 = Average build-out density per acre
parks, etc.
C. Elementary Schools - We used the same calculations for elementary schools as we described above under Calavera
Hills.
D. Junior High School - We used the same calculations
for the junior high school as we described above under
Calavera Hills.
E. High School - For the high school site, we used Section 13.08.081(c) of the CMC to calculate the projected
EDU's. Figuring a pupil capacity 1,200 students times the
rate of 1 EDU per 30 students equals 40 EDU's.
F. Open Space - Most of the open space designation
corresponds with the City owned land around Lake Calavera.
We estimated one-fourth of the area (105 acres) would
receive intensive park development. Then we used the
rate of 2 EDU's per 5 acres to project an ultimate demand
of 42 EDU's.
This completes our description of how we projected the
EDU's within the study area. However, there is one other
item that should be discussed.
One of the major assumptions we used was that actual
build-out of the various areas within the study area would not exceed the projections used to determine the
EDU demand. In ,terms of the "switchover" units and the
. 'approved TM units, this assumption has no impact. However, the Calavera Hills project and the "Remainder GP"
area - are impacted by this assumption.
The Calavera Hills Master Plan provides for a maximum
potential of 3,231 dwelling units. Under the agreement,
the maximum potential would be reduced to 2,704 dwelling
units. We have attached a modified Phasing Schedule from the approved Master Plan to show the maximum number of EDU's
.4
c
available per phase under the conditions of the agreement. inventory of the number of EDU's available as the Calavera
Hills project develops.
This department will need to keep an
The remaining area of the General Plan provides for a maximum potential of 5,935 dwelling units. Under the agreement, there will only be enough EDU's made
available for a maximum potential of 2,518 dwelling
units.
If the ultimate demand within the study area exceeds
these figures, an alternative method of treating sewage
would obviously have to be provided. All of this, though, is based on the accuracy of the numbers that we used. We believe that the land use figures we developed are on the conservative side and actual development will
occur well within our projections. There is also the
likelihood that the gallonage figure used per EDU will
be less than what we used. Primarily, this will pro-
bably occur because of water conservation devices that will be required in the future.
.5
1.
2.
3.
4.
5.
DEPIXITIONS
DEVELOPER' S OBLIGATIONS
A. Construct
B. Percolation tests
C. Dedications
D. Warranty
E. Acqaisition of rights-of-way
F. Permits
G. Inspections
11. Cornpilance with laws
I. Compliance with the precise developnent plan
J. Other responsibilities prior to acceptance
DEVELOPER'S RIGHTS
A. Reserve capacity
€3. Reimbursement
CITY'S OBLIGATIONS AND RIGHTS
A. Set and collect fees
B. Acceptance
C. Inspection
D. Cooperation
RESERVATION OF CAPACITY
A. Reservation for Developer
13. Developer subject to growth limitations
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7
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$9
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i.
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C. DiscreticJnary .approvals and building permits
6 . PITAS PTG
A. Permitted
E. Phase I
C. Phase 11
D. Discretionary approvals and building permits
7. REIPilZURSE4ENI'
A. Calculation of amount
A.1 Calculation if project built in phases
€3. I)efi.nition of cost
B.l Cost estimate
13.2 Actual cost to build the project
B. 3 Cost 1 imi ta.t ion
B.4 Risk of development prior to approval
on Developer
C.. Cost monitoring
- D. Collection of: reimbursement r'ee
. E. Calculation of amount of fee
F. Switchovers
G. Delivery of fees collect.e.3 to Developer
H. Waiver of reimbursement fee
I, Article XIIIA risk
J. Claim or dispute
K. Service and facility fee
Page
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S e c 4;. ion - Page
8. GENERAL COXSTKJCTION
A. Freparation of plans and specification--
change orders
A. Right. to approve ccjntractor
C. Right to approve equipment
D. Developer to maintain insrxrance
9.. €4ISCELLI?NEOUS PIIOVISIONS
A. Indemnity of City
B. Developer not agent of City
C. Records
D. Payments on notices
E. Successors and assigns
F. Arbitration of disputes
G. Notice of taxable possessory interest
H. Antitrust claims of Developer or SUCCesSOrS
I Venue
.. J. Modification
K. Attorneys' fees
L. Right of City to inspect
M. Integrated agreement
N. Section headings and interpretation
0. Approval by City
I?. Risk of loss
Q. Participation in future works
R. Amendment of Precise Development Plan
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iii.
I 19 --- day of This ayreernent is made this -- ---
by and betwecn the City of Carlshad, California, a municipal
c-m rpo IC d t- i..or: ( he rei na f t e ;r cal ie d
Associates, a California partnership (hereinafter called "Developer") .
City I' ) and I; ake C a 1 avera Hi 1. f s
R E C I: T A L S:
A. Devclo2er wishes to develop for residential end other
purposes certain parccls of property &scribed in the Lake
Calavera Hills Master Plan (MP-150 (A) ) as approved by the City
Coilncil. in Ordinance VO, 9571, on file with the City and fncorpor-
ated b~7 rr:ferencc (herchaf ter called "Calavera HillsfT ) .
B. 2::ve.log~r Fiishes to comply with and satisfy requirements
of City for provision of sewer service to Calavera Hills by
constructing and dedicating to Cit:r a satellite sewage treatment
and wastewater rcclamation facility.
C. The public facilities elclnent of City's General Plan
requires, amon9 other things that sewage treatment capscity be
available befclre development occ'urs. Presently no sewer facility
exists with capacity to service Calavera Hills.
scwer capacity is not available for proposed devel.opment, the
required finding of consistency with the City's General Plan
carmot be made clnd development cannot proceed.
If sufficient-
Construction of
-3.-
this satellite sewage treatment and vrastc$mter reclamation facility
would satisfy the requirements of the General Plan for provision
of sewage capacity concurrent with need for the development. In
addition Chapters 118.05 and 21.49 of the Carlsbad Municipal Code
prohibit deveioprent unless sewacje trcztment capacity is available.
0. To ensure the health, safety arid welfare of the citizens
of Carlsbad it is necessary that the satellite sewage treatment and
wastewater reclamation Zacility built by Developer be of sufficient
capacity to provide sewaqe treatment service to devel-opment other
than Calavera Hills.
E, A Fortion of the capaci.ty of the sewage treatment ar,d
wastewater reclamation facility to be cons-tixcted by Developer will
be used by Calavera Hills. The remainder of the capacity will. be
e.
used by devclopent other than Calavera Hills.
F. Develsper desires to be reimbursed for sums expended to
oversize the sciira.y;e treatment and wastewater reclamation facility
to serve development other than Cabvera Hills. The City has
, detei-mined that the public interest is served by construction of
the satellite sewage treatment and wastewater reclamation facility
by Developer. The public interest is further served by reimbursement
to the Dzveloper by those who will use the plant other than Calavera
Hil.Ss of the costs of oversizing. However,Developer recognizes,
that because of factors yet unl~iio~~n, there is no assurance he will
receive the full amount of the reimbursement or even any porti.on
thereof.
G. Developer desires to have reserved for Calavera Hills
-2-
.-
certain rights to utilize capacity in the sewage treatment facility
without payment of a sewer connection fee for plant capacity.
Without such reservation of capacity, Developer would not
enter into this agreement. However, both City and Developer
recognize that City has an obligation to serve the best
interest sild meet the needs of all residents, present and
future, in the City. Developer recognizes that its rights
to capacity must be subject to the City's obligation to all
City's residents.
capacity in the plant will be Limited to a proportionate
share based on a ratio of projected development in Calavera
Hills to projected development in the entire area to be
served by the plant.
Therefore, Developer's rights to reserved
Reserved capacity rights are established
by
in
be
or
Sections 3 and 5 herein.
H. Developer recognizes that utilization of capacity
the sewake treatment and wastewater reclamation facility shall-
subject to all existing or future planning, zoning, building
other ordinances which the City Council in its discretion
imposes to regfilate the location, quality, quantity, pace or
other aspects of development on a city wide basis.
I. By Resolution No. 587.1 the City Council., of Ci%y,
approved a Precise Development Plan for the development of
the sewage treatment facility and all necessary appurtenances.
Resolution No. 5871 is on file with the City and is
incorporated herein by reference. This agreement implements
that resolution. Subject to the provisions of Section 9.R.,
the Precise Development Plan, as adopted by Resolution PJo. 5871
-3-.
,.
shall prevail over any inconsistent provisions of this
. agreement.
NOW, THEF.EFORE, j.n consideration of the recitals, and of
the mutual- t>bligations of the parties established by this
agreement, Ci'tj7 and Developer agree as follows:
SECTION I: R3FINITIONS
Whenever the folloraing terns occur in this agreement, the
meaning shall. be interpreted as follows unless the context in
which the term is med clearly requires a different interpretation: '
A. - "Acceptance": - A formal action by the City accepting
any offer of dedication of the sewage treatment facility.
Acceptaiice may be oE the entire project or of Phase 7: and
Phase I1 of the project, respectively, as provided herein.
Acceptance shall not constitute a waiver of dzfects by City.
B. "Board" : The Regional Water Quality Control Board
with jurisdiction over the project.
C. - "Drainage basin: Drainage basin shall mean all areas
described on the map contained in Exhibit A, attached hereto
and incorporated by reference herein.
D. "EDU": I_ ED'J is an abbreviation of Equivalent Dwelling
Unit and is an approximation of that amount of sewage which is
discharged daily by an average residential dwelling. Actual
structures or developments built or proposed a.re assigned an
EDU value by the City Engineer.
gallons Fer EDU as used in this agreement shall be updated
The number of average daily
annually and adjusted to reflect actual metered flow exper-
ienced during the previous years in the subject area provided,
-4-
howwer, %hat such adjustment may take ,n.to account coni ition of
the system, weather and any other factors which may affect flow.
E. "Fail-safe -- Line": Fail-safe line means any effluent or
excess effluent disposal line which wouid carry effluent from the
project to -LLE ocean olitfall.
.
I?. "Master I_ Plan Area or Calavera Hills": Master plan area
or Calavera Hills shall include all areas defined in the Lake
Calavera Kil1.s Master Plan (MP-J!50(A),) an file with the City and .
incorporated by reference herein and shown for convenience on
Exhibit R, attached hereto and incorporated by reference herein.
G. "MGD": - Plant capacity expressed in millions of gallons
per day.
H . project'^ : The 1.2 MGD cap'acity satellite sewage
treatment and wastewater reclamation facility and necessary appur-
tenhrices, including 2 fail-safe line, designed an6 constructed by
Developer and approved by City in conformance with this agreement.
Project includes all facilities necessary to collect, treat and
dispose of. 1.2 MGD of sewage, and to reclaim water from the treatment
of 1.2 MGD of sewage.
I. "Work": Any and all obligations, duties and respon-
sibilities necessary to the successful completion of the project
assigned to or undertaken by Developer pursuant to this agrsement,
including but. not limited to all labor, materials, equipment and
other incidentals and the furnishing thereof.
SECTION 2: DEVE1,OPER'S OBLIGATIONS
A. Construct: ~ Developer agrees to construct at Developer's sole
cost and expense the project in full conformance with plans and speci-
fications which are to be prepared by -Developer and submitted to City's
-5-
. 'Public Works Adminis trator €or epproval. Work, except for grading
ai3proved. by the Public Works Administrator, may not commence until
the plans and specifications are approved,
solely responsible for complet.ing all phases of design and construc-
Developer shall be
tion oE the project. Developer sh.all bear all design and construc-
tior, CGS~S associated with buildirig the project, including but not
limited to all professional fees, applicable permit fees, taxes or
other assessments, and all. labor and material costs of the project.
All design, contract awards and construction contracts shall be
acted upon by City withip thirty days after receipt of the complete
plans and specifications and contract documents for the project to
ensure their confcrnity with the Precise Developrrient Plan, the
provisions of this agreement and any applicable state or local
Law. Developer shall submit the plans and specifications and
contract documents in a complete and approvable form. Except as
otherwise provided in Section 6 herein construction of the project
shall be completed in ofie phase.
rights are established more fully in Section 8 of this agreement.
Construction obligations and
B. Percolation tests: - Developer shall conduct tests
necessary to determine if sufficient capacity exists in either the
Buena Vista recharge basin or the Agua Hedionda recharge basin to
provide for reclamationo These tests shall. include, but not be
limited to, tests necessary to establish sufficient dynamic and
static capacity in the aquifer(s) for 90 day storage, or such
lesser capacity as may be required by the Board for reclamation
of water from the project. Developer shall also conduct tests.
necessary to provide the Board with sufficient data to make the
-6-
necessary findings b~ revise existing grciiindwa~-L7~r objectives in
each affected basin to the extent that: demineralization of treated
effluent would not be required before use of the effluent for
Type I irrigation.
reqcir-ed in any event, Developer’s obligation to conduct tests
regarding revision GE the grouridwater objectives shall cease.
If the Board determines demineralization will be
Such tests shall be initiated irimediately upon the execution of
this agreenent and shall be coxplc ted prior to conmencing can-
st.ruction or’ the project mless the City Manager, in writing,
extends such period or decides no further tests are necessary.
Upon the coinpletiun of such tests, Developer Shall submit the test
results and accompanying data to the City’s Public Works Adminis-
trator for review and verification. Developer shall be responsible
for any a6Citicnal testing required by the Board for approval of
the project.
C. Dedicztion: -_-- Upon full and satisfactory completion of
the project, in conformity with the approved plans and specifications,
and the item specified in Paragraphs I and J of this section,
Developer shall offer to dedicate the project to City.
offer of dedication is accepted by City, Developer shal.1 immediately
transfer all rights, title and interest in the project free and
clear of all liens and encumbrances whatsoever to City. Prior to
any offer of dedication, Developer shall secure all approvals,
If this
certifications or permits required by the State Regional Water
Quality ContrGl Board or any federal, state or local law.
D. Warranty: Developer shall fully guarantee or warranty
all work for a period. of one year from the date of final acceptance
by City. City shall conduct periodic inspections of the project
and a final inspection prior to the expiration of the warranty.
-7-
*~ - If within said period any struct.ure or part of any structure
furnished or installed or constructed, or caused to be installed
or constructed by Developer, or any of the work done under this
agreement, fails to fulfill any of the requirements of this
agreemenk or the plans and specifications referred to herein,
Developer shall without delay an6 without any cost to City,
repa?.r or replace or reconstruct any defective or otnerwise
unsatisfactory part or parts of the work or structure. Developer
will. be notified in writing of any deficiencies which must be
corrected but failure on the part of City to notify Developer
shall not affect any of City's rights under this provision.
4
Developer shall commence repaj-r of any defect or deficiency
within ten working days after notification'by City. Th.e repairs
shall be completed expediently and within a reasonable period of
time.
these time limits, City may undertake and is hereby authorized
by Developer to make, at City's option, the repairs itself and
assess the costs to the Eevel-oper. Repairspursuant to this
warranty shall be at the cost of the Developer and no reimbursement
shall be given therefor. Should the exigencies of the case
require reports or replacements to be made before Developer can
be notified, City may, at its option, make the necessary repairs
or replacements or perform the necessary work and assess the
costs of such repairs to Developer. Costs assessed may be
If the Eeveloper fails to commence or complete repairs within
retained by City from any reimbursement
Developer.
E. Acquisition - of rights-of-way:
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collected and due to
Developer shall be
.- I
. responsible for acquisition of any land, rights-of-way, or other
interests in property necessary for required testing or for the
construction of the project. City shall participate in such acqui-
siiion to the extent specified in the Precise Development Plan.
F. Permits: -- Developer shall not commence work, except for
grading approved by the Public Works Administrator, under this
agreenent until Developer has obtained the necessary permits and
made the necessary deposits as may be required by a federal,
or local law.
building perrnits, discharge permits or any other discretionary or
mandatory government approval.
the project may be built in phases, Developer shall subnit appli-
cations for permits to the Board for each phase concurrently.
state,
Necessary permits include but are not limited to
If the City Council decides that
G. Inspections: Dcveloper shall provide for all required
inspections 3s provided herein. Inspection costs shall be ,included
in the actual project cost.
H. Compliance with iaws: Developer shall comply with all
appli-cable federal, state or iocal laws in the.execution of this
agreement.
and requirements of the State Regioml Water Quality Control Board
ox' any other federal, state or local agency with jurisdiction
Developer' shall also comply with 21.1 orders, regulations
over the project.
1. Compliance - with the Precise Development - Plan: In
execution of its obligations under this agreemect, Developer
shall comply with all conditions of the Precise Development Plan
as adopted by the City Council of City in Resolution No. . 5871
and. with ny amer,dments thFreto, 7ith the Lake Calavera Hills
Master Plan (MP-105 (A)) and with the City of Carlsbad
Environmental Impct Report a.nd Facilities Plzn for a satellite
Sewage Treatment and Wastewater Reclamation Facility as cert.ified
by the City Council, a copy of which is on file with the City.
J. Other responsibilities -- prior to acceptance: - Until such
time as all work required by this agreement is fully completed
and accepted hy City, Developer will be responsible for the
care, maintenance of and any damage to such work. Developer
shall give good and adequate warnir,g to the traveling public
of each and every dangerous condition existent in said work,
and will protect the traveling public from. such defective or
dangerous conditions.
SECTION 3: DEVELOPER'S RIGHTS
A. Reserve capacity: Consistent with tne provisions of
Section 5 herein, City shall reserve for the so1.e and exclusive
use of Developer 41.77 percent of the sewage treatment capacity
in the project as approved by the State Regional Water Quality
Control Board, provided, however, that nothing i.n this agreement
shall exempt Developer from any local building or zoning ordinances.
Developer's capacity rights may be adjusted by mutual agreement
of the parties to conform with the latest growth projections for
the basin and City's inost recent gallon requirement per equivalent
dwelling unit as calculated based on the average daily dry weather
flow. Such agr'eement shall not he unreasonably withheld.
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B. Reimburscmcnt: ---_---- Developer sha1.l have the right to
reimbursement for the cost of oversizing the project as provided
in Section 7 herein. This rj-rjht shall continue for twenty years
at'which tine it will- cease whether or not Developer has been
rej-rnhursed for the cost of oversizing.
SECTION 4: CITY'S OBLIGATIONS AND RIGHTS
A. Set and collect .--- fees: City agrees to collect a sewer
connection fee from any person or development other than Calavera
Hills connecting to or using capacity of the project as provided
in Section 7 herein.
B. Acceptance: -- I Upon offer of dedication; receipt of
inspector's certificate; receipt of any approvals, certificates
or permits require$ by the State Regional Water Quali-Ly Control
.-
Board or my federal, state or local law; and warranty or gmrantee
as provided in Section 2.D of this agreement, City shall consider
acceptance of project from Leveloper. City shall act on the offer
of t7,edication within 60 days of tender of all j-tems required by
this paragraph. City shall not unreasonably withhold acceptance.
Prior to acceptance City may require Developer to repair, correct
or reconstruct any defect in the project or any work not in
conformity with the approved plans arid specifications or as
required for final certification by the Regional Water QualiPy
Control Board. Developer shall then make any repair, correction
or reconstruction required by City at Developer's own cost and
expense and shall receive no reimbursement 'for any portion thereof.
City's obligations and rights under this section are contingent
upon the construction of the sewer plant in conformance with tl!e
-ii-
pJ.ans and specificL-Aons to the satisfaction 0, the City and upon
. 'approval and certification of the plant by the State Regional
k?ater Quality Control Board or any other federal, state or local
agency with. jurisdiction tc approve, permit or certify the plant.
Acceptance may be made in two phases as provided in Secticn 6
herein.
C. Inspection: City may provide a project inspector or
qualified operator to act as inspector of the project. City shall
have th& right to conduct periodic inspections during construction
and prior to its acceptance of the plant.
access to the plant and al.1 premises whereon construction is occurring
for the purpclse of these inspections.
this section are in addition to any other required inspections.
D. Cooperation; - -- City agrees not to .unreasonably withhold
Developer shall allow
The inspections defined in
any necessary local permits required by Develcjper for the project or
any part thereof. City also agrees to use its best efforts to
assist Eeveloper in obtaining any certification, approval or permit
required by this agreement; in establishing a reasonably feasible
and economic ali.gnment for the fail-safe line utilizing, when
4 feasible, existing public rights-of-way; and in obtaining, main-
taining, preserdng or confirming connection rights to the ocean
outfall safficient to dispose oi-' the full treatment capacity of the
project.
SECTION 5: RESERVATION - OF CAPACITY
A. Reservation for Developer: Upon acceptance of this
sewage treatment and wastewater reclamation facility, all rights
to sewer capacity shall vest in City. City shall reserve for the
sole and exclusive use of Developer 41.77 percent of whatever
capacity is approved by the State Regi@nal Water Quality Control
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.*
Board. City may allocate such capacity consistently with Section 6
of this agreement. Capacity reserved for Developer shall not be
used for any development other than Calavera Hills. Developer
shall, however, be subject to the provisions of Section 5.B. of
this agreement.
B. Developer subject to growth - limitations: Developer
shall be subject to any existing or future zoning, building or
other laws established or adopted by.City to regulate the location,
.. quality, quantity, pace or other aspects of development in City.
Developer shall also be subject to all General Plan requirements of
the City i-ncludiny any proposals adopted to implement any element
of the General Plan and to the Lake Calavera flills Master Plan
conditions. .-
C. Discretionary approvals and building permits: Discretionary
approvals for Calavera Hills and the issuance of building permits
for structures to be served by the project shall be governed by any
existing or future City ordinances regarding the issuance of such
approvals or permits.
structed pursuant to building permits issued as authorized by this
section, or no individual lots created by discretionary approvals,
if any, shall. be transferred or conveyed in any manner, including
but not limited to sale or lease, or occupied until the project has
been certified as operable by the Regional Water Quality Control
Board and accepted by the City.
Developer may transfer or convey that land .described in approved
Ijeveloper agrees that no structures con-
If a final map is approved,
Tentative Map No. CT 76-12, as approved by the City CoQncil in
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..
. ‘Resolution No. 5145, to a single transferee, provided that such land
hnd transferee shall be subject to Sections 6.D aad 9.E of this
agreement.
SECTION 6: PHASING
A. Permitted: If it appears to the satisfaction of the City
COuilCil tnat Board action on the applj.cation for the water reclama-
tion system will. occur after certification of the treatment and
disposal system, the project may be accepted in no more-than two
phases as provided in this section. ..
B. Phase I: Phase I shall consist of the following items:
1. Construction of the proposed sewage treatment and
was.tewat--er reclamation facility as substantially shown on Precise
Development Plan Exhibits G (except for that portion describing
the water reclamation system), A-1, B, D and F-4 of Resolution
No. 5871 of. the City Council of the City of Czrlsbad as may be
amended, of sufficient capacity to fully treat 1.2 MGD of sewage,
including but not limited to the complete treatment plant , force
mains, mechanical fail-safe protection, excess effluent disposal
pipeline with pum?s and other appurtenance necessary to connect
to and dispose of 1.2 NGD of sewage through the ocean outfall of
the Encina Water Pollution Control Facility, and any other
appurtenance necessary for operation of the plant;
2. Construction oE the reversible force main as specified
in Condition No. 4 of the Precise Development Plan;
3. Acquisition of the easement to Tamarack Avenue as
described in Condition No. 11 of the Precise Development Plan:
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.-
4. Certification by the State Regional Water Quality
Control Board of the plant with discharge rights of at least 1.2
14GD of secondarily treated effluent to the ocean outfall.
C. FI-IASE 11: Phase 11 shall consist of the reclamation system
--I_
as described in Exhibit G of the Precise Development Plan as
approved by Resoltiti-on No. 5871 of the City Council or any sub-
sequent amendments thereto, or as required by the Eoard. If the .
project is built in phases, construction on Phase I1 shall be
completed not later than two years after City acceptance of
Phase I and its certification as opera5le by the State Regional
Watzr Qual.ity Control Board, unless such time is extended by
the City Council on a showing of good.cause,
D. Discretionary approvals and building - - permits: - Subject
ta the limitations of Section 5.C. of this agreement, if the
project is built in phases, discretionary approvals may be processed
except- that lei0 building permits may be issued until Phase 1 is
certified by the Board and accepted by the City, valid sewer
permits have been issued and Developer has provided City with a
surety bond, instrument of credit, or other security in favor of
City and acceptable to City guaranteeing the Developer''s performance
of obligations and completion of work on Phase 11. Such security
bond shall remain in effect until the certification of Phase 11 by
the Board and acceptance of Phase TI by City.
REIMBURSEMENT. - - SECTION 7:
A. Calculztion of Amount: City agrees to collect a fee
as provided in this section so that Developer may be reimbursed
.. for certain costs of oversizing the project; that is, the actual.
. cost to build Phase I of the project, minm the estimated cost to
bulild a sewage treatmerrt facility and all necessary,appurtenances
including a fail-safe line of capacity sufficient to serve the
projected total huj-id out 05 Lake Calavera Hills alone as if no
other project were being built, plus 58.23 percent of the actual
cost to build Phase 11, regardless of whether the project is built
in ph- Gses.
City an5 Developer agree that, for the purposes of this
sect.ion, a project of capacity EO treat and dispose of .5 MGD of .
sewage is deemed suffici.ent to serve Lake Calavera Bills alone.
A.I Calculztion if project built in phases: If the
project i-s built and accepted in phases, the reimbursement amount
for the pcri-od after completion and acceptance of Phase I, but
before cornpletj-on and acceptance of Phase 11, shall be equal to the
actual cost to build Phase I, minus the est.imated cost to build a
sewage treatrnent facility and all the necessary appurtenances of
capacity sufficient to serve the projected total. build out of Lake
Calavera Hills alone, plus 58.23 percent of the estimated cost to
bii1-d Phase 11.
33. Definition - of cost: -
B.l. Cost Estimate. No later than the time of suhirtission
of the plans arid specifications, Developer shall submit a detailed
itemized cost estimate for the project and a detailed itemized cost
estimate for a sewage treatment facility and all necessary appur-
tenances including a fail-safe line, of capacity sufficient to
serve the projected total build out of Calavera Hills alone as if
no other project weFe being built. If the project is to be
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..
'constructed in philszs, Developer shall also submit a detailed
itexnizEd cost estimate of the construction of each phase of the
project. City shall act upon the cost estimates no later than
thirty days after submission of such estimates in a complete and
approvable form. Upon approval of such estimates by the City, they '
shall be attached t.o this agreement as Exhibit C and shall become a
part hereof. Developer, at its option, may terminate this ageement
if it does not agree with City's determination under this section.
B.2. hctiial cost - to build .the project. Actual cost to
build the project, or either phase thereof, shall mean the sum'
total dollar cost of actual expenditures for construction of the
project, includi.ng but not limited to labor, materials, plan checking,
engineering, surveying, design, interest during the construction
period of the project on borrowed funds necessary for the actual .-
construct5-on of the project, fees for applicable permits, costs
attributable to land, right-of-way or other interests in real
property necessary for the project not to exceed the fair market
value at the time of acquisition or acceptance of the project,
whichever is less, and other costs necessary for thc construction
of the project in a good workmanlike manner in accordance with the
plans and specifications, but not including any prel-iminary reports,
studies, attorney's fees or other such charges. Actual cost to
build the project shall be documented to the satisfaction of the
City and shall be approved by the City Council.
B.3. Cost limitation. The actual cost to build the project --
and the actual cost to build Phase I or Phase I1 shall not exceed
the estimates as approved pursuant to Section 7.B.1. above. Any
difference between actual costs and the estimates shall be
absorbed by Developer and shall be disregarded for pirposes of
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-
- determining reinbnrsement .
B. 4. --.---~-- Rj.sk of d.evelopm.ent prior - to approval 011 Developer.
City shall have ns obligation to reimburse Developer until the cost
estimates required by Section 7.B.1 are approved by City. Developer
shall bear the full risk of my loss occasioned to Developer because
it comoenced construction prior to approval of the estimates.
Developer shall receive ria reirrbursem.ent and shall have no recourse
against the City for any loss occasioned to Developer because the
estimates were. not Spproved or the agreement was otherwise terminated
by Developer prior to completion and acceptance of the project by
the City.
C. Cost - monitoring: -- In addition to the rights stated elsewhere
in thi-s agreeiuent, City shall have the. right to monitor all costs
for the project. Developer shall provide City with all receipts,
invoices, bj-lls cr other information requested by City to aid in
the cost monitoring.
D. Collection ___-I_ of reimbursement - --- fee: City agrees to collect
a fee for each connection to the plant other than Cal.avera Hills
as a condition of permitting connection to the sewer plant, subject
to the limitations provided below. Except as provided in
Subsection K of this section, no sewer connection fee shall be
charged to units in Calavera Hills.
reimbursement except frcm the collection of these fees.
Developer shall receive no
E. Calculation of amount of fee: City shall set the
fee by dividing the amount to be reimbursed-as determined by
Subsection A of this section by the total projected number of
units which will use capacity in the plant other than Calavera
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Jiills.
units, ot-her than Calavera Hills, which will use capacity in the
City and Developer agree that the projected number of
project is 3,645 EDU's. This figure may be adjusted by City as
necessary to accommodate changes in City's land use policies.
Developer imy request City to take the action necessary to revise
the reimbursement fee if the figure is significantly reduced. Upon
such request, City may, in the reasonable exercise of its discretion,
adjust the fee or not adjust the fee.' This projected number of
units is based on calculations shown in Exhibit D of this agreement.
F. Switchovers: Notwithstanding Subsection D of this section,
City may connect units presently serviced by the Encina Sewage Treat-
ment Plant to the project without obligation to collect a reimburse-
ment fee.
of capacity in Encina which became available from a switchover
.-
However, upon allocatior, to new construction in the City
connection, City agrees to collect a fee as provided in this section
as a condition of such allocation.
G. Delivery - of fees collected to Developer: - City shall
periodically deliver to Developer as reimbursement 95 percent
of their reimbursement fees collected as they are from time to
time collected. City will retain 5 percent of the amount
collected as compensation for the expense of administration
of this agreement. If the project is built in two phases,
City shall deliver to' Developer only that amount attributable
to Phase I. . PLmounts attributable to Phase I1 shall be ,
retained by City until the completion and acceptance of Phase I1
at which time the retained funds shall be paid over to
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* Developer. If Phase I1 is not completed within the time stated
in Sixtion 6 of this agreement, or any extension pursuant thereto,
the funds retained shall become the property of the City and any
right, title or interest Developer may have in those funds shall
ceaseo Such funds shall he applied by City to completion of
Fhase I1 or if such application is deemed by the City Council to
be not feasible, the funds shall be deposited in the Joint Sewer
Construction Fund.
H. Waiver of reixbursement fee: Developer may waive
reimbursement for any unit using capacit.y in the plant. Such
waiver shall be made by letter to .the City.
fee shall be collected on connections for which a waiver has
No reimbursement
.. been made.
I. Article XIIIA risk: Developer recognizes that the
Ci.ty's right to collect fees and its right to reimbursement
froril those fces may be subject to the provisions of Article
XIIIA of the California Constitution. If it is determined
by a court of competent jurisdiction that the fees levied
pursuant to this agreement or other fees of similar charac-
teristics are subject to Article XIIIA of the California
Constitution, City and Developer shall i.n coordination use
their best efforts to provide for collectioll of the fee in
conformance with Article XIIIA.
fees cannot be collected under this agreement because of
the provisions of Article XIIIA, Developer shall receive no
If it is determined that
other compensation or reimbursement hereunder. Any attorney
fees or other costs expended in the determination of whether
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.the fees are governed by the provisions of Article XIIIA shall
not be reimbursed to Developer.
J. Claim or dispute: In,the event of a claim or a
dispute over the City's rights to collect the reimbursement
charge hercb17 established, or to wi.thhold the water or sewer
service to any property pending receipt of said reimbursement
charge' Developer shall have the opti.on to (1) waive such
reimbursement charge or (2) assume all obligations and liabilj-ty
and hoid City harmless from any loss, cost or expense, including
judgments and attorneys' fees arising from the City's attempt
to collect said disputed charges.
dj.1.igence to preserve and maintain Developer ' s reimbursement
benefits and exercise good faith with respect to Developer's
City agrees to use due
interesk in the event of a dispute.
a court of competent jurisdiction that the disputed claim
or charge shall not be paid, then Developer shall not receive
reiribursenent therefor and any amounts paid to Developer on
account of collection of the disputed fee shall be refunded
If it is determined by
'
to City.
K. Service and facility fee: City reserves the right
to levy a fee on each connection to the plant in an amount
sufficient to pay €or the cost of any capital improvement
including, but not limited to sewers, drains, pumps or other
appurtenances necessary to provide sewer service.
fee shall be in addition to any reimbursement fee, but may
be levied at the same time. City may also levy a.periodic
Such
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..service charge-on each connection to the plant to pay for
~losts of continued service, maintenance and operation.
Developer or his successors cr.assigns shall pay upon
connection to the plait the fees or charges described in this
paragraph, but shall not pay a reimbursement fee, unless the
Y
number of units connected to the plant results in utilization
of capacity in excess of 41.77 percent of the total plant
capacity.
SECTION 8: GEE E T~AL CON s T RUCT I ON
A. Preparation - of plans and I_ specification--change orders:
Deve1ope:r shall- prepare at Devel.oper' s cost and expense all plans
and specifications necessary for construction of the project.
Said plzns and specifications shall. be approved by City's
Public Wc,rks Administrator prior to the commencement of any
.-
work on -the project except for grading approved by the Pcblic
Works Administrator. City shall act within thirty days after
submission of completed plans and specifications. All work
shall- he done in conformance with the approved plans and
specifications, unless prior written authorization from the
City's Public Works Administrator is secured by Developer.
B. Right to approve contractor: City shall have the
right to approve all contractors or subcontractors performing
any work on the project.
days after submission. Written approval of the Public Works
Administrator shall be deemed approval of the City.
City shal.1 act within ten working
C. Right to approve equipment: City shall have the
right to approve all equipment, material, or goods used in
construction of the project. City shall. act within ten
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*
+ working days after submission of the final plans and specifi-
cations. Written approval of the Public Works Adniinistrator
. shall be deened approval of the City.
D. Developer to maintain insurance: Developer or its
contractors shall maintain in force during the full period of
constructicc pursuant to this agreement a full comprehensive
public iiability and property damage insurance policy insuring
against any and all claims for injuries or death of persons or
damage to property occurring in, upon, or about the property
subject to this agreement.
be submitted to City for its approval prior to initiation of
The proposed insurance contract shall
insurance coverage. The insurance contract shall nave limits
of not less than $1,000,000.00 single limit. coverage and City
shall be listed as an addition21 named insured. Prior to
conwencement of actual construction, Developer shall submit
a certificate of the insurance to City which shall provj.de for
at least forty-five days notice of cancellation or modificztion
of coverage or I.imits.
a.lso maintain any bonds or insurance required by law, including
Worker's Compensation, and City shall be listed as an additicnal
Developer or its contractors shall
name2 insured.
SECTION 9: MISCELLANEOUS PROVLS IONS
A. Indemnity of City: Developer shall inderraify, assume
the defense of, and hold free and harmless, City, its officers,
agents, employees and any engineer, architect or other consultant
utilized by City on the project from any ani! all obligations,
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liabilitizs, liens, claims, demands, losses, damages and
expenses, of whatever type or nature, including, bGt not
limited to, attorneys' fees and all litigation costs arising
. out of Developer's design or construction of the proposed
facilities or any oth.er act or omission to' act by Developer,
its agents, servants, employees, invitees, or independent
contractors which are required by this agreement.
Notwithstanding the foregoing, the indemnity agreement
created by this section shall not indemnify the City, its
officers, agents or employees against any liability arising
from the negligence or willful misconduct of City, its officers,
directors, agents, employees or independent contractors.
B. Developr - not agent of City: Neither Developer nor
any of Developer's egents or contractors are or shall be
considered to be agents of City in connection with the per-
formance of Developer's obligations undcr this agreement.
C. - Records: City will maintain complete records of
all connection fees received. Such records shall be open
to Developer upon reasonable notice tG City.
D. Payments on notices: All notices, demands and
requests, which may be or are required to be given or.made by
either party to the other party, shall be in writing. All
notices, demands and requests by Developer to City shall be
sent by United States registered mail, postage prepaid,
addressed to City as follows:
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City Manager
City o-E Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
All Potices, demands, requests and payments by City to Developer
shall be scrit by United States registered mail, postage prepaid,
address,& to Developer as follows:
Lake Calavera Hills Associates
3088 Pio.Pico Avenue, Suite D
Carlshad, California 92008
Attn : Roy J. Ward
or to such other addressee arid to such other place as Developer
may from time to time designate in written notice to City.
E. Successors and assigns: The covenants and agreements
contained in this agreement will be binding upon and inure
to the benefit of City and its successors and assigns, and
Developer and its successors and assigns; providec?, however,
Developer shall not convey, assign or otherwise transfer its
rights or obligations hereunder without the prior written
consent of the City.
Developer shall not assign the right to receive reimburse-
ment pursuant to the'provisions of this agreement without
prior written approval of City. City reserves the right to
1-imit the assignments so as not to be required to make
payments to multiple assignees under circumstances which may
create an administrative burden for City. Developer may
grant a security interest in or pledge the rights of Developer
to receive reimbursement hereunder to institutional lenders
for the purpose of securing obligations of Developer to such
lenders.
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If prior to the completion of the
any land iocated within Calavera Hills
project Deve.loper conveys
to any person, such conveyance
shall expressly include a provision that the grantee shall assume
a pi*oportionate share of Developer's obligations under this
agreement. Sai.d provision shall be approved by City prior to the
. grant.
This agreement shall be recorded in the County Recorders
Office and a notation of the fact of this agreement and its
restrictions shall be noted on any final map for any property in
Calavera Hills.
F. Arbi-tration of disEtes: -- Any controversy or claim
between the parties to this agreement, including but not
limited to any claips, disputes, demands, differences, contro-
versies, or misunderstandings arising under, out of, or in .
rela!-.iori to this agreement, or any alleged breach of this agree-
ment, shall be submitted to and determined by arbitration in
accordance with the California Arbitration provisions contained in
Code of Civil Procedure Section 1280 et seq., as amended from time
to time, except as to thcse determinations under this agreement
made in the sole discretion of the City or its Councj-1.
Subject to the provisions of Code of Civil- Procedure
Section 1236, the arbitrator or arbitrators shall determine
the ri.ghts of the parties in accordance with the law and the
award shall be subject to review as to the arbitrator's
application of the law by any court having jurisdiction of
the matter, whether or not any mistake of the law shall appear
upon the face of the &ward. As to all quest.ions of fact,
-26- .
.-
- * however, the determination of the arbitrator or arbitrators
shall. be binding upon all parties and shall be deemed final
and. conclusive. Each party shall Se entitled to written
findings of fact and conclusions of law as to all issues
determined by the award. Subject to the above limitations,
the award granted by the arbitrator shall be binding upon all
parti.es to the arbitration and judgment upon the award
rendered by the arbitrator or arbitrators may be entered in
any court having jurisdiction over the matter.
G. Notj-ce of taxable possessory interest: If this ----
agreement results in the creation of a possessory interest,
and sucn possessory interest is vested in a private party in
this document, the private part.y may be subjected to the
payment of personal property taxes levied on such interest.
H. Antitrust claims of Developer or Successors: - By
entering into this agresment or any subcontract pursuant
to this agreement, Developer, each contractor, and each
subcontractor who performs work or who suppl.ir;s goods,
services or materials in accordance with the terms of this
agreement, hereby offers and agrees to assign to Ci-ty all.
rights, title, and interest in and to all causes of action
it may have under federal or state antitrust laws including
but not limited to antitrust action any of them may have
under Section 4 of the Clayton Act (15 U.S.C. Section 15),
or under the Cartwright Act (Chapter 2, commencing with
Section 16700 05 Part 2 of Division 7 of the Business and
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' Professiwis Code), arising from the purchases of goods, services
or materials pursdant. to this agreement or any related
s'iibcontract. This assignment is made and becomes effective
at the time City accepts the proposed facilities and land
transfer without further acknDwledgment of the parties. Developer
agrees to insure that a comparable provision is includ.ed in
all contracts or subcontracts at all tier levels which are
executed pursuant to this agreement.
I. Venue: -- In the event of any legal or equitable
proceeding to enforce the terms or conditions of this agree-
ment, the parties agree that venue shall lie only in the
federal or state courts.in or nearest to the North County
Judicial District, County of San Diego, State of California.
J. Modificztion: -- This agreenent may not he altered
in who1.c or In part except by modification in wrj-ting, executed
by both parties to this agreement.
K.. Attorneys' fees: In the event any arbitration
proceeding, administrative proceeding or litigation in
law or in equity, including any action for declaratory relief,
is brought to enforce or interpret the provisions or performance
of this agreement, the prevailing party or parties shall be
entitled to an award of reasonable attorneys' fees and
costs associated with the proceeding as determined by the
court, the presiding officer, or.the arbitrator authorized
to make a determination of the issues in addition to any
other relief to which the prevailing party may be'entitled.
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If either party to this agreement becomes a party to
litigation, an administrati.ve proceeding or arbitration
concerning the enforcement or interpretation of the provisions
of, this ayrcexznt or the performance of this agreement by
reason of any act or o1nissj.m of the other party, its agents,
employees, efficers, directors, or any other representative
of the other party, and not by any act or omission of the
party thilt beccmes a party to that proceeding or its
authorized representatives, the party that causes.the other
party to become involved in the proceedings shall be liable
to that party for reasonable attorneys' fees and costs of
t.he proceeding incurred by that party. The award of reason-
&le attorneys1 fees and all costs shall be determined as
provided above.
In tne event opposing parties have each prevailed on
one or more causes of action actually contested or admitted
by pleadings, discovery or prehearing documents on file,
the arbitrator or presiding officer may offset such fees
and costs between prevailing parties after considering the
necessity of the proceeding and the importance cf the issue
or issues upon which each party has prevailed.
L. Riqht of City to inspect: Both parties to this
agreement understand that City intends to approve, or inspect
1 and approve, all phases of design and construction of the
proposed facilities. Developer shall supply City with
such information as City deems necessary from time to time
-29-
. in City's sole discretion to properly review all design and
construction phases of the contract and to provide City with the
opportunity to inspect the proposed facilities from time to time
upon request.
M. Tritegrated agreement: -- The reimbursement provisions for
payment.s to Developer by the City (which is conditioned on City's
receipt of connection fees as a source of funds for payment) is
. severable. Except fcr that severable provision, this agreement is
an integrated agreement and in the event any provision of this
agreement is held to be invalid, void or unenforceable for any
reason so as to defeat the objectives that either party seeks to
attain pursuant to this agreement, the entire agree.ment shall be
null arid void.
M. --. Section headinqs and interpretation: All clauses
contained in thj-s agreement shall be interpreted in a manner
which renders them valid under applicable provisiohs of state
or federal 1.a.w to the maximum feasible extent. By. Resolution
No. 5871 the City Council, of City, approved a Precise Development
Plan for the development of the sewage treatment facility and
all. necessary appurtenances.
Development Plan as adopted by Resolution No. 5871, and any amend-
ments to said Plan, shall prevail over any inconsistent
The provisions of the Precise
provisions of this agreement.
The headings of sections herein are used for convenience only
and shall not affect the meaning or the contents thereof.
0. Approval by City: Except as otherwise 'expressly provided
herein, approval. by City shall mean written approval by the City
Manager.
-30-
.-
P. Risk of -- loss: Prior to acceptance of the project, the
risk o€ loss shall he on Developer.
phases, the risk of loss for Phase I shall pass to City after
acceptance, but the risk of loss for Phase. I1 shall remain on
If the project is built in
Developer until acceptance of Phase 11.
Q. Participation I-- in fu.ture works: -I_ If at any time before
expiration of the warranty period detailed in Section 2.D above,
City is required by the Regie'nal. Water Quality Control Roard,
or any other state or federal agency, to install additional .
treatrncnt works, disposal systems or reclamation facilities
in order to ensure continued certification and ability to treat
dispose and reclaim up to 1.2 MGD of sewage, Developer agrees, cn
behalf of himself arid his successors OK assigns, to pay 41.77
percent of th.e cost of such works or system.
systems are required after such warranty period expires, Devel.oper
agrees, on behalf of himself and his successors or assigns, to iiot
oppose an assessment district formed to finance such works, and
If suck: works or
that City may collect a fee to finance such required works 01:
systems levied on all units to be constructed khereaftez which
will be served by the piant, including units in Calavera Hi1L.s.
The provisions of this sectim shall be in addition to any warranty
or guarantee required by this agreement. *
R. Amendment of Precise Development Plan: The parties
recognize the City is considering the amendment of the Precise
Development Plan as approved by the City Couiicil in. Resolution
No. 5871, because of certain proposed changes on the design of the
project as reflected in this agreement.
-31-
A copy of a revised Precise
Devel-opment Plan, Lncludinc~ Exhibi-t G thereof, is attached as
Exhihit E of this agreeilient and is incorporated by reference.
If approved, I)e.vel.oper agrees to he bound by Exhibit E, or any
other a1nendnent.s to the Precise i7eveI.oprnent~ Plan as appr~ved in
Resolci.tion No. 5871,. in the perforxi?r.ce ~f any obligations or
assert.ion of any rights under this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate as of the day and year above written,
ATTEST : CITY OF CARLSBAD, a municipal
corporatkn of the State of
California
City Clerk
LAKE' CALAVERA ?!ILLS ASSOCIATES,
A California partnership
By- ---
BY _-
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., City Pittorney
BY -- Daniel S. Hentschke Assistant City Attorney
-32-
!
EXHIBIT B
..
.. i EXH1BIT"C" WILL CONSIST OF CERTAIN
COST ESTIHATES PREPARED AND APPROVED
ACCORDING TO SECTION 7 OF THIS AGREEMENT.
WHEN THOSE ESTIMATES ARE PROPERLY PREPARED
AND APPROVED, THEY SHALL BE ATTACHED HERE AS EXHIBIT "C".
'I
MEMORANDUM
DATE :
TO :
FROM :
SUBJECT :
October 19, 1979
City Manager
Planning Director -/.-/$
CALAVERA HILLS SATELLITE TREATMENT PLANT - EDU PROJECTIONS
1
Per your request, herein are the EDU projection figures that were
developed by this department for use in the Calavera Hills Drain-
age Basin.
and accepted by the consultant for Calavera Hills. The gallonage
used for an EDU was established by the Public Works Administrator.
ASSUMPTIONS:
The land use projections have been coordinated with
1. Existing development will generate sewage at an EDU rate of
246 gpd.
New development will generate sewage at an EDU rate of 200 gpd. 2.
3.' Actual build-out shall not exceed the .. projections used (see
attached exhibits) .
Total Gal/ Total Gal/ Pro j ected Gallons/ EDUs Per EDU Development Basin
Calavera Hills = 2704 X 200 = 540,800 (41.77%)
- - 629 X 246 = 154,734 (11.95%) Switchover
Approved TM's = 478 X 200 '= 95,600 ( 7.38%)
Remainder GP = 2518 X 200 = 503,600 (38.90%)
Total Gallons/Basin 1,294,734
MZ
..
POTENTIAL SWITCHOVER
Royal Homes ......... 68 edu's
El Camino Mesa....... 68 edu's
Woodbine.............l48 edu's
APPROVED PROJECTS
Chestnut Hills.......108'edu1s
Quail Ridge..... ..... 234 edu's .
Palisades............l36 edu's
Meadows;............. 90. edu's
Palisades............ll9 edu's
Chestnut Hills.......136 edu's
Tota1.......629 edu's
-
Tota1.......478 edu's
GENERAL PLAN LAND USES IN REMAINDER
..
LAND USE ACRES MAX. EDU's
330 495
Robertson, Kelly, 1113" 4452
RLM(0-4) Sunny Creek Road
' 3 Elementary Schools
1 Junior High School
1 High School
Open Space
30 30
20 20
40 40
4 2,o
PROJECTED EDU' S
0 (Septic)
238'6 **
30
20
40
42 42
TOTAL 2518
-
. * 1360 gross acres - 247 acres undevelopable = 1113 net acres
** Acres x -67 (percentage of buildable land less area for streets)
x 3.2 (average build-out density) = Projected EDU's
. ,i
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..
220 154 22 4 2,10111 22.0
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5 - _. Park .
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18 2-3
175 3,231 807
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Exhi.bit E to Lake Calavera 7 s FEariciiig and Reinkurse- 11- = i--
int. _. Agreement
LAKE CALATJERA I-ITLLS -
PRECISE DEVELOPMENT PLAN
REV1 SED CONDITIONS -
GENERAL
1. Developnient of the site shall occur substantially as shown
on Exhibik "GI1, dated December 11, 1979, attached hereto, and as shown on Exhibits A-1, R, D ahd F-1, dated April 11,
1979 for the wastewater treatnent plant; and Exhibits
A-2 and E, dated April 11, 1979, for the percolation ponds; except for modifications and necessary back-up systems not
affecting the plant s operational effLciency that are
approved by the Public Works Administ-rator.
2. In addition to the approval of the develapment indicated in
. appurtenances as listed in this approval shall ]=.e indicated
the exhibits noted above, all other requirements and
on the final. Precise Development Plan. .-
1 3. The proposed treatment plant shall be constructed in one
phase as a l.2 MGD capacity plant with a "fail-safe" excess
effluent. dj.sposal line to the ocean ou-lfall at the Encina Water Poll.ution Control Facility,.and all other appurtenances necessary to opei-ate the treatment plant at its fully rated capacity of I-. 2 MGD.
4. PA reversible force main connecting the treatment facilities to the Encina. line at El Carnj.no Real shall be constructed as part of this project.
RECLAMAT I ON
5. All wells, pumpsI check dams and other appurtenances necessary
to rec1aj.m water from the recharge basin, which basin is
described in Exhibit E, shall be constructed 2s part of
thi.s project. Plans for the water reclamation system shall be submitted to and approved by the City Enyj-neer arid by the Planning Commission prior to commencement of any yrad- ing, construction, or the placing of any equipment for the project.
6. A11 effluent from the treatment plant shall be reclaimed
and utilized for replacement of existing or planned potable water (Type I). The amount of sswer capacity allocated to future developments shall be li-mited to the amount of reclaimed water that can be guaranteed for use by the appli-.
cant of such development or otherwise guaranteed to the
satisfaction cf the City Council.
., I'
Revised Conditions
--
Page 2
7. All proposed users of the treatment plant shall prepare and provide a plan acceptable to the City establishing
and guaianteeing a method tc ut.-Llize sny reclaimed water prior to any approval of their project. The reclaimed ' water may not be applied to native vegetation or areas
where tkre are no existing or planpec? potable water uses.
As a guide for determining the acreage of land necessary
to utilize the reclaimed water, the ratio of gallons of water to acres of land should be as follows:
3,000 ga3.loris to one acre of agricultural land, or 800 gallons to one acre of landscaped land
per day
This ratio may be adjusted by the Planning Director to accomnodate particular locations, soil types and plants.
8. Any plan required by Condition No. 7 shall be submitted
to the Planriing Director for approval. Approval of the
plan by the Planning Director shall constitute acceptance of the plan by the City.
Director shall give primary consideration to systems where
the land using the reclaimed water is either near the
recharge basin or served by gravity flow froin the water
reclamation systemp in order to conserve cnergy required
.. for punping. Approval by the City shal.1 not constitute a ciaim to or a guarantee for availability of reclaimed
water. This condition and Conditions 6 and 7 shall be
rkiodified as necessary to accommodate such City plan for
the use of reclaimed water as the Council may adopt.
In approving the plan, the Planning
9. Th,e applicant shall be responsible for construction cf
a fail-safe effluent disposal system sufficient to serve
and consistent with the 1.2 IJGD design capacity of the treatment plant. for construction of additional treatment as may be required
to meet State and County Health Department requirements
as well as those of the Regional Water Quality Control Board, and of mains, wells, pumps, check dams, and all other appurtenances ,necessary to reclaim water from the treakment of 1.2 MGD of sewage.
The applicant shall also be responsible
The applicant shall be responsible for construction and implementation of the complete sewage treatment. and water reclamation facilities. Plans for the reclamation facilities shall be approved by the Planning Commission by a conditional use permit prior to any grading, construction or placing
of any equipment for the project. Construction of the project
,-
' Revise6 Conditions Page 3
10.
11.
shall. be conpleted within a reasonable time as specified in
the Master Reimbursement Agreeincat.
The applicant shall be responsible for the acquisition of
land, easements, or other rights necessary for the construc-
tion requi.red by this condition. In the event the applicant
cannot acquire same after the exercise of due diligerxe,
the City shall have the option of acquiring the same through its power of eminent domain, after due satisfaction of all legal reqiiirements, including environmental review and
public hearings, if required. In such event,, the applj.cant
shall be responsible for the direct expense of environmental and planning review, retention of special. counsel to prosecute the condemnation action or actions, arid payment of any required compensation to property owners.
be reasonably certain, to the satisfaction of the City, prior to their acceptance of any portion of the plant.
Any additional appurtenances necessary for reclamation,
storage, or use of the plant effluent, but not included for approval :in this. applicstion, shall- be subject .to Planning
Conmission review and approval. At the time of review the
Pl.anniny Commissi.on shall determine if. such appurtenances will have a significant adverse effect on surrounding property.
If it is Aetermined that the appurtenances may have a signifi-
cant adverse effect, a conditional use perriiit shall be rsquired.
Such conditional use pennit shall, contain conditions sufficient to mitigate any such potential significant adverse effect.
Acquisition must
The applicant shall be financially responsible for and shall
rnalre all reasonable efforts to acquire and provide a thirty
fool; wide access way from Tamarack Avenue to the treatment
facility, with necessary easement rights to accommodate the reversible force main required by Condition 4 hereof. In the event applicant cannot acquire same after the. exercise
of due diligence, the City shall have the option to acquire the saxe through its pawer of eminent domain, after due
satisfaction of all legal requirements, including environ- mental review arid public hearings, if required. In such
event, the applicant shall be responsible for the direct expense of environmental and planning review, retention of special counsel to prosecute the condemnation action or actions, and payment of any required compensation to property owners. Acquisition must he reasonably certain, to the
satisfaction of the City, prior to any grading, construction or placing of any equipment for the project.
'. P.evis;ed Conditisns
ADNINISTRATION -
Page 4
12.
13.
Upon cornrletion of construct.ion and such inspection and testing as required by City, the site, and all structures and appurtenances for the treatment facilities, fail-safe
effluent disposzl system, recharge basin as shown on approved
exhibits, the thirty foot wide access way from Tamarack
Avenue to the treatment facility, and all other appurtenances approved by and pursuant to this approval shall be offered for dedication to the City of Carlsbad, free and clear of liens and encumbrances.
The applicant shall be responsible for the payment of all costs of construction of the facilities as approved, Applicant. may be reimbursed for certain costs expended in construction of the treatment faciiity with more capacity
than necessary to serve Lake Calavera Hills alone, City and appaicant shall enter into a Master Reirriburs, ament
Agreement to provide for such reimbursement and to implement
the requireinents of this Precise Development Plan. This agreemect imst be completed and accepted by the City Council before eny application for discretionary approval may be submitted er accepted on ar~y project in the drainage basin, exccpt projects already approved or in the process of acquir- ing discretionary approval.
one year fron the date of approval of this Precise Develop-
ment Plan, all rights and approvals provided to applicant
by this plan shall terminate and this plan shall no longer
have any force or effect.
If no agreement is reached yithin
14. Upon acceptance of the treatment facility, ownership shall vest in the City. Provided, however, that applicant, in consideration of its initiation and financing of this
facility, shall have reserved for it such capacity as may he
provided in the Master Reimbursement Agreement.
providecl herein, or as otherwise authorized by law, applicant
shall be subject to all existing or future ordinances regarding sewer allocation, permit issuance, or acceptance or approval of applications for discretionary approval-s .
Excepk as
15. If the City agrees to accept the facility, acccss easements or other property rights necessary for operation and main-
tenance of the percolation ponds, excess effluent disposal line, and necessary appurtenances which have not previously been vested in City pursuant to Conditions 9, 10 and 11 herein
shall. be granted to the City by applicant free and clear
of liens and encumbrances.
-, .ke<6sed Condi ti0r.s
16.
17.
18 *
19.
20 I
21.
22 ..
Page 5
The applicant shal.1 ,provicie such easements over its own
property as determined by the City Council to be necessary to accommdate sewer service and reclzmation for the other properties in the drainage basin. also be mGde a condition of applicant's Master Plan.
The applicant shall include in its master CC&R's fcx the entire project and in the subdi-vision public reports for
each phase a detailed descri-ption of the facili-ty, its
proximity to dvelling units, and the potential for adverse impact, The CC&Il's shall provide that the property owners and their successors in interest, covenant not to object to or take any action, directly or indirectly, in opposition to the location of the facility nor its continued operation, except to the extent that such objections and/or action in furtherance thereof relate to the negligence or willful
niscondhict of the persons or entities then operating the
facility.
A condition that prohibits the use of self-regenerating water softmers shall be pl-aced on all development permitted to use this waste water treatment facility. The Lek Calaverc.,
Hills Zcvelaprnent shall contain such prohibit.lcn in the,
The a-pplicant shall submit and process a parcel map creating
separate lots for the treatment pl-a.rst and recharge basins ..
The Lake Calavera Hills Master plan^ (MF--150(A)) sh.aJ-L 'be
amended as required by the approval of the zone. change and
Precise r)cvelopment Plan.
This condition sl~all
CC&R's ...
The appl.icant shall secure easement rights for the City
prohibiting the location of any habitable building within
one hundred yards from the outside edge of the service road or structure and equi.paent, whichever is nearer to habi.table
buildings as indicated on Exhibit A-1. Tentative Map 76-12
and PUD-4 shall be amended if necessary showing such ease-
ment prior to final map and final PUD.
To insure that the project will be designed with adequate
safety margins, a dcsign study for the facility shall be
submj-tted by Lake Calavera Hills Associates to the P-iih1.ic
VJorks Admixistrator or his designee and shal..I. include the following special studies: foundation, seismic safety, expansive soil, soil stability, and spbcial engineering
requirements.
I.
.. ‘ ‘R.??viseC! Conditions Page 6
23.
24.
25.
26.
27.
28.
Grading plans for all facilities shall be approved by the
Pub1i.c Works Administrator or his designee, prior to
issuznce 02 building permits. Such plans shall include
prax)isions to limit grading, cut 2nd fill and excavation to the minimum areas necessary to prepare construction
pads and excavate for treat.ment, transport and dispcsal
facilities.
Drainage faci1itiz.s adjacent to the treatment plant and
percolation ponds shall be desiqned to accommodate a
one hundred year flood and protect the treatment plant, and percolation ponds. These facilities shall be constructed concurrently with grading activity.
Surfaces shall be graded to direct runoff toward designed drainage facilities and away from any cut and fill slopes.
Land shall not be cleared of vzgetation except immediately
before grading, and grading should take place only during
khe dry season (April 16 to October 31).
All graded slopes sha1.l be stablized for erosiofi control
iimediately following grading by the developer.
Landscape and irrigation plans shall be subnitted for
the approval of the Planning Director. The lanzscaping
shnll be designed ta screen the treatmmt facilities : recharge bastnr; froin surroundFng properties. Plans
sha13 incluc?e fast growing, tall trees cis well as a combiz>tion of shrubs and ground cover, Plants shall be drought tolerant, fire retardant where necessary and easily maintained. The approved landscaping alid irrigat.ion
shall he fully installed prior to the City accepting the facilities.
29.
39.
31.
Naturzl vegetation and existing Eucalyptu’r; trees shall be
retained wherever r,ossible,
All pumps, qenerators and other noise producing mechanisms
shall be placed underground and/or shielded in such a manner
to reduce noise attributed to the facility to a maximum of
fifty-five dba at property line of all facilities.
The applicant shall subinit an archaeological investigation for the approval of the Planning Director that indicates the
locatior? of any archaeological resources that could be
affected by the constructiori of the treatment facility,
recharge basins, effluent line and any accessory pumps,
access roads, wells, etc. The final Precise Development
Plans shall include means to mitigate any potential impacts noted in this investigation.
Page, 7
32 , The access v7ay from the pl.ant to Tamarack shall be improved
with a minimum of twenty foot wide asphalt concrete drive- way znd shall be approved by the City Engineer and Fire
Chief.
33.
34.
35.
36.
37 *
38.
33.
\.
Revised Conditions
40.
Fire hydrants shall be instal-led at locations and with flow rates as approved by the Fire Chi.ef or his designee.
An asphalt concrete driveway shall be provided to the
percolation ponds. The location, dimension and construction
of the driveway shall be to the satisfaction of the City Engineer and the Planning Director.
\
The equestrian trail through the treatment plant site as
shown on Exhibit A-1, dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake Calavera Hills Honewoners Association. The portion of
the equestrian trail located between the treatment plant
and the recharge basins shall be placed within the effluent line easement, and shall be constructed by the applicant
and maintained by the Lake Calavera Hills Homeowners Associazion, The CC&R's for Lake- Calavera Hills shall contairi this condition.
Final plans for treatment facilities and recharge basins shall inclicate appropriate lighting to provide adequate night kime operations. Such lighting shall be designed in a ma.nner so that nearby residences or public streets are not adversely affected. The lighting plan shall be
subject to the approval of the Planning Di.rector.
The treatment facility, recharge basins and any other
mechanical appurtenances shall be totally enclosed by a fence a rninimun: of eight feet in height and designed for
seclxrity purposesr subject to the requirements of the State
Water Quality Control Board,
The applicant shall provide a method approved by the Public
Works Administrator for the disposal of. sludge created by
the treatment plant. .
All equipment 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 Manager for signature. Prior to signing the final Precise Development
Page 8
Plan, the City Manager shall determine that all apGlicable
requirements have been incorporated into the plan and that
all conditions of apE)roval have heen satisfcctorily met or otherwise guaranteed.
ment Plan shall be the official site layout plan for the
property and shall be attached to any application for a buildi,ig permit cn the subject prcpcrt.J.
The final signed 2recise Develop-
41. This Precise Development Plan shall be effective only
when an ordinance approving Zone Change 203 becomes
effective.
December 71, 1979
EXHIBIT ''G:
'LAKE CALAVERA HILLS WASTEWATER TREATMENT,
------___ DISPOSAL, RECLAMATION AND ASSOCIATED - FACILITIES
The facility to be furfiished to the City by Lake Calavera 'Hills
Associates snall be a complete functional system capable of op- ei-citing st the rate of 1,2C)O,OOO gallons per day, average aaiiy flow, in conformance with approved plans and specifications as well as i;! conformance with the regulations of ail applicable regulatory agencies. The facility shall include, but not be
.limited to, the following, unless certain specific items are not required by the applicable regulatory agencies:
1. Land and Easements -___.---
a. Land for the treatment plant site and access road from
Tamarack Avenue;
b. Non-specific easements for the pipelines from the treat- rwnt plant to the percolation fields;
c. Non-specific easements for the pihelines required as part of the reclamation system;
d. Land for tne Buena Vista percolation field and access road ;
e. A non-specific easement for an effluent disposal fail- safe line from the treatment plant to the Encina Water
Pol 1 L;lion Control Faci 1 i ty; and
' f. Land and easements as may be required for the percola- tSoii system (see #4 below) approved by the Regional
Water Quality Control Board and by the City of Carlsbad.
The reciamation system shall jnclude, but may not be
Stinfted to, 3dditional effluent treatment works, chlor- ination fac-i 1 i ties, deminerai ization, brine 1 incs, we1 1 s, pumps, grout curtains, force mains, underground storage and above-ground balancing reservoirs.
2. Treatme_n_t_ Plant
a. Headworks:
b. Two-6C0,OOU gallon oxidation ditches (activated sludge-
extended aeration, 24-nour detention time) with at
least two each brush-type aerators, drive motors, weirs, control valves;
accepting effluent from either of the oxidation ditches;
c. Two adequately sized clarifiers with systems capable of
d. Aerobic sludge digestor;
*'k ..: f
b,
_._ b'
..
3.
4.
6.
f.
e*
h.
i.
j.
k.
I.
Sludge thickener;
Chlorination contact. chamber;
Sludge conpactor;
13uil.ding housing auxiliary space, facility controls, machine shop, laboratory, office;
Pumps, force main, gravity lino, booster pumps as necessary for transporzation of 1.2 nillion gallons
per day of treated eEfluent to either the reclamstion
system or to the Encina Water Pollution Control Fa-
cility ocean outfall;
Bump station and force main to transport raw sewage from sewer main in El Caminc Real, at its intersec- tion with Tzmarack Avenue OT Kelly Drive, t.o the
treatment plant. This sytem shall be designed to
accommodate reverse flow from the treatment plant to the sew?: nain in El Camino Real;
Drainage facilities ;IS may be required to protect the
plant from a 100-year Elood; and.
Any necessary appurtenances required to operate a 1.2 million gallons per clay plant. .-
EfIfurjnt Eisposal
a. Pump staticn, force main, gravity line and booster
---
pimp as required to transp9i-t treated eifluent to the
Enciria 'dater Pollution Conzrol Facility ocean oatfall
per #2i above.
Recl-anat -ion System
a.
-I__.___-
Water purification facilities satisfactory to the State
and County Health Agencies, to the Rcgional iyzter Quali- ty Control Board and to the City of Carlsbad for the
purpose of meeting reclaimed water standards and basin objectives. of: Such purification facilitics could consist
(1) Coagulation ad sedimentation, reverse osmosis and
(2)
extended chlorination; or
Such other combination of facilities approved by
the regulatory agencies.
b. Percolation fields, check dams, drainage control systems, and othcr appurtcna.nces as may be required to operate a
spreading bed in thc Buena Vjsta drainage shed capable of ;iqui.fei- storzgc of a miniinuni of 90 d;iys' production
at 1 .2 mi1.lion g;i 1 lons per day.
-2-
I. c
1 C. IVe13.5, pumps, grout curtains, force mains, balancing
rescrvoir aad other appurtenances as may .be required to upt’i.:ltc a system to transmit reclaimed water from
eithcr the purification facilities or the aquifer stor- age to such distribution systems as may be approvcd.
.L
-. -.
- 3-