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HomeMy WebLinkAbout1980-03-04; City Council; 6178-1; Implementation of sewer committee recommendations1 Y T I CITY OF CARLSBAD AGENDA BILL NO. 6172-Supplement 1 DATE : March 4, 1980 DEPARTMENT: City Attorney (2 Initial: Dept.Hd. C. c- Mgr. Atty-3& Subject: IMPLEbENTATION OF SEWER COMMITTEE RECOMMENDATIONS-- DISCRETIONARY RESERVE AND RANDOM DRAWING POOL Statement of the Matter The City Council, at your your February 19, 1980 meeting, directed the City Attorney to prepare documents implercenting certain recommendations of\the Sewer Committee and making sewer allocation to Pea Soup Andersen and Sunset Pacific. ResolutionNo.b/o/ approves a second revision to the Second Phase Sewer Allocation System. This resolution makes 228 EDU'S immediately available for allocation in the Discretionary Reserve category and adopts a set of standards as a part of the system to be applied by the City Council in evaluating projects and determining their community benefit. The resolution revises the Second Phase Sewer Allocation System further by adopting procedures for dealing with returned permits. One half being placed in the Discretionary Reserve and the other half in a random drawing pool. We have not attempted to set out in detail the procedures for conducting the drawing or dealing with the many problems that could" arise. That matter should be given some further consideration by either the staff or the Sewer Cdmittee. The resolution provides that the Council may adopt rules for handling the drawing by motion. Resolution No. 6102 allocates 180 EDU'S to Pea Soup Andersen and 48 EDU'S to Sunset Pacific. We have attempted to include the City Council's reasons for approving these allocations and the appropriate conditions to be placed on the recipients. The Council should satisfy yourself that we have correctly set out your intentions in the matter. Exhibits Resolution No.&/O / approving a Second Revision to the Second Phase Sewer Allocation System. Resolution No. & 102 allocating 180 EDU'S to Pea Soup Andersen and 48 EDU'S to Sunset Pacific. Recommendation If the City Council concurs, your action is to adopt Resolution No. D/O and Resolution No. L /02 Counci 1 Action: 3-4-80 Council adopted Resolution 6101 as presented, and Resolution 6102 as modified. RESOLUTION NO. ,qm A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAlUSBAD, CALIFORNIA, APPROVING THE SECOND REVISION TO THE SECOND PHASE SEWER ALLOCATION SYSTEM. WHEREAS, the City Council adcpted the Second Phase Sewer Allocation System on September 18, 1979 by Resolution No. 5933, and amended it by Resolution No. 5979 on November 20, 1979 and by Resolution No. 6083 on February 19, 1980; and WHEREAS, 300 EDU'S were reserved for allocation based on the City Council's discretionary judgment on projects of special benefit to the community; and WHEREAS, several projects have been allocated sewer from the Discretionary Reserve on a case by case basis; and WHEREAS, these allocations did not use all of the sewer capacity available to the City of Carlsbad in the Discretionary Reserve; and WHEREAS, it is anticipated a number of EDU'S allocated pursuant to the Second Phase Sewer Allocation System will revert to the City; and WHEREAS, the City Council directed the Sewer Committee to report back to the Council with recommendations on guidelines to use the remaining EDU'S in the Discretionary Reserve category and for a system for reallocation of permits reverting to the City; and WHEREAS, the Sewer Committee met and after-study reported to the City Council at their February 19, 1980 meeting and recommended that the Second Phase Sewer Allocation System be revised to include guidelines for evaluating applications for 1 2 3 4 5 6 7 8 9 10 11 12 n 6 19 20 21 22 23 24 25 26 27 28 allocations from the Discretionary Reserve and to adopt a system for reallocating permits returned pursuant to the Second Phase System: and WHEREAS, the City Council, after reviewing the capacity remaining in the Discretionary Reserve, has determined that in order to avoid unreasonable splitting of a project and to make maximum use of the available capacity it is necessary to add 16 EDU'S from the Contingency Reserve to the other EDU'S available for allocation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the City Council finds that there are 212 EDU'S remaining from the 300 EDU'S placed in the Discretionary Reserve pursuant to the Second Phase Sewer Allocation System. C. That the public interest requires that 16 EDU'S be borrowed from the Contingency Reserve to be allocated together with the 212 EDU'S for a total of 228 EDU'S. The Council intends to replace the 16 EDU'S from permits reverting to the City from the Second Phase Sewer Allocation System. D. That the Second Phase Sewer Allocation System is revised as follows: Discretionary Reserve: The 228 EDU'S now available in the Discretionary Reserve and any additional EDU'S placed in that categorfby the City Council may be allocated to projects which produce maximum benefits to the City as a whole . The City Council shall have full discretion in evaluating projects and their community 2. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 benefits. In exercising that discretion, the Council may consider the extent to which a project will: 1. Increase sales tax revenues. 2, Increase transient occupancy taxes. L 3. Improve the employment base significantly with emphasis on those skills available or that can be made available from the Carlsbad area. 4. Make a significant contribution to the attainment of downtown redevelopment objectives. 5. Provide low and moderate income housing in the infill areas. This benefit attains even greater significance when that housing is located in the old downtown business district or meets the unique requirements of senior citizens. Manufactured housing, mobile or modular units may be included in this category of housing if otherwise allowed by state law and the Carlsbad Municipal Code. 6. Add to the rental housing stock in the infill area (apartments) when agreements can be reached to preclude condominium conversion. Rental unit construction is particularly desirable in the redevelopment area. 7. Improve traffic circulation by the completion of important segments of major streets in the infill area or complete other major capital improvement projects in the infill area. Hardship circumstances will not be considered. Applications for projects which would require significant expenditure for public service and for facilities are not desired. Council retains for itself the widest latitude in determining how benefits are calculated and projects are prioritized. E. That the Second Phase Sewer Allocation System is further r- revised by the addition of the following: Returned Permits: 1, The City Engineer shall promptly notify any applicants who received an allocation pursuant to this system 3. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 -2 3 24 25 26 27 28 and have failed to meet deadlines that their permits are void and that the capacity will be returned to the City for reallocation. Applicants shall be given an opportunity to be heard by the Sewer Committee before the City Engineer’s action is final. 2. If requested, the Sewer Committee shall hear those applicants who failed to meet deadlines and make recommendations to the City Council. 3. The City Council shall take action as they consider appropriate on the Committee’s recommendations and Council action shall be final. 4. One half of any sewer capacity reclaimed by the City for failure to meet the Second Phase System deadlines shall be placed in the Discretionary Reserve to be allocated by the Council from time to time on a case by case basis in accordance with the guidelines adopted by this resolution. 5. One half of any sewer capacity reclaimed by the City for failure to meet the Second Phase System deadlines shall be placed in a random drawing pool. be considered for an allocation from the pool, an applicant must have either: I To be eligible to i. Met the initial qualifications for an allocation in b2th the Phase I and Phase I1 Sewer Allocation Systems and not received a sewer allocation; or ii. Met the initial qualifications for allocation in one of the two allocation systems and have obtained all discretionary approvals necessary to proceed with the project. The City Council intends to conduct a random drawing among all eligible projects to allocate sewer capacity determined to be available in this category. The Council by motion may establish rules for such drawing . Any applicant who elects to participate in the drawing shall be deemed to have consented to the City Council’s decisions in approving allocations from the pool. R. That any allocations made pursuant to this Second Revision to the Second Phase Sewer Allocation S”ytem shall be subject to all the terms and conditions of this resolution and Resolution No. 9533, as amended by Resolution No. 5979 and Resolution No. 6083. 4. c 1 2 3 4 5 6 7 a 9 10 11 12 3 fI: 13 a% 14 !? -I 15 4Lgd 16 YENS 17 zp y aa z - 18 19 20 . 21 22 .2 3 24 25 26 27 2% 0 z /cc I ‘4 ;u >I- a V 0 PASSED, APOROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of March , 1980 by the following vote,’ to wit: AYES : Counci 1 men Pac kard , S kotni c ki , Anear, Lew Council woman Cas1 er NOES: None ATTEST : s and f RONALD C. PACKARD, Mayor %LA 2- R& ALETHA L. RAUTENKRANZ, City Clerq ( SEAL) c 5. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAIUSBAD, CALIFORNIA, AUTHORIZ- ING THE ALLOCATION OF 180 EDU'S TO PEA SOUP ANDERSEN AND 48 EDU'S TO SUNSET PACIFIC FROM THE DISCRETIONARY RESERVE. WHEREAS, Chapters 18.05 and 21.49 of the Carlsbad Municipal Code impose a moratorium on the processing of discretionary approvals and on issuance of sewer permits and building permits due to a lack of sewage treatment capacity; and WHEREAS, said chapters authorize the City Council to adopt an allocation system which provides for the issuance of a limited number of sewer and building permits and the processing of some discretionary approvals as an exception to said moratorium; and WHEREAS, as a part of the adoption of the Second Phase Sewer Allocation System, the City Council determined to reserve approximately 300 EDU'S from the 1,312 available for allocation to be used on a case by case basis, depending on benefit to the community; and WHEREAS, the City Council, by the adoption of Resolution No. 6101 , has adopted stardards and guidelines for making decisions on allocations from the Discretionary Reserve category; and WHEREAS, the City Council Sewer Committee has reviewed eight requests totaling 345.6 EDU'S, applied saSd guidelines to said requests and recomendedapproval of the requests of: Pea Soup Andersen for 180 EDU'S and Sunset Pacific for 48 EDU'S 1 2 3 4 5 6 7 0 9 10 11 12 a ? 13 0 -- I,. 5 8 5 14 z X 19 20 21 22 *2 3 24 25 26 27 20 The reasons for recommending Pea Soup Andersen are: 1. Annual sales tax revenues of $85,000; 2. Annual room tax revenues of $57,000; 3. Employment of 350 people; and 4. Provision of necessary tourist facilities. The project for which this allocation is made and additional community benefits are as described in the proposal presented to the Council by Coldwell Banker, which is on file with the City Clerk and incorporated by reference herein. The reasons for recommending Sunset Pacific are: 1. Completion of the missing link in Tamarack Avenue IxhLJeCn SkylineDrive and El Camino Real which will alleviate traffic congestion and provide additional east-west access between El Camino and downtown and correct serious drainage, erosion and street maintenance problems in the area; and WHEREAS, after considering the merits of all applications and the Committee's recommendations, the City Council has determined to approve the allocations as recommended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That for the reasons set out above the City Council hereby authorizes an allocation of 180 EDU'S sewage treatment capacity to Pea Soup Andersen for a project as described in the above-referenced proposal on Assessor's Parcel 211-021-13 & 14 (portion). Said allocation is subject to the notice to applicants and permit and fees sections of the Second Phase Sewer Allocation System except that the time limit for filing any necessary 2. 1 2 3 4 a 9 10 11 ": 14 2 19 20 21 22 '23 24 25 26 27 2a L- applications for zoning and planning approvals shall be ninety days after March 4, 1980. e. That for the reasons set out above the City Council hereby authorizes an allocation of 48 EDU'S sewage treatment capacity to Sunset Pacific or successor for CT 76-15, known as Palisades Point (Parcel 207-200-08 & 09). Said allocation is subject to the notice to applicants and permit and fees sections of the Second Phase Sewer Allocation System except that the time limit for filing the final subdivision map shall be ninety days after March 4, 1980. The applicant shall diligently pursue all steps necessary to complete and record the final map. Building permits must be applied for within one hundred fifty days after final map approval. This allocation is expressly conditioned on the construction by the applicant of the Tamarack Avenue con- nection between Skyline and El Camino Real to the satisfaction of the City Council. Said construction must commence within forty- five days after final map approval and be diligently pursued to completion. 8, D. The City Council will make an additional allocation of 86 EDU'S for CT 76-15 when and if capacity becomes available in the Lake Calavera Hills Sewer Plant subject to the following conditiops: 1. Completion of Tamarack to the satisfaction of City 2. The project will be subject to all applicable laws Council; and ordinances at the time of final map or building permits except growth management; later Council decisions relating to the Calavera Plant for other projects; 3. That the action will not establish a precedent for /// /// 3. ', 1 2 3 4 5 6 7 a 9 10 11 12 v E - V 18 19 20 21 22 23 24 25 26 27 28 4. That Council determines that sewer is physicall-y If Conditions 1, 2 and 3 are met and capacity in Lake Calavera and legally available from the Calavera Plant. Hills is not available, and if the Council determines that 1,000 or more EDU'S are available for allocation from a rerating of Encina, then the Council will allocate 86 EDU'S to CT 76-15. E. That this resolution shall constitute authorization pursuant to Municipal Code Sections 18.05.030 and 21.49.030 to exempt the projects receiving an allocation from the building permit or planning moratoria imposed by Chapters 18.05 and 21.49 of the Code. Pursuant to that exemption, the City Manager is authorized to accept applications for said projects and to process them in accordance with the provisions of the Carlsbad Municipal Code as modified by the Second Phase Sewer Allocation System. F. The EDU'S allocated by this resolution are based on representations by the applicant as to the amount of sewage capacity necessary to serve his project. The City will determine the actual amount of capacity required at the time2of building permits and if such capacity exceeds the amount allocated, the building permit will not issue. to this allocation does so at his own risk. The applicant proceeding pursuant G. If discretionary approvals are required for a project, an allocation will allow them to be processed but there is no assurance the project will be approved. If the project is not approved, the allocation is revoked and the capacity reverts to the City. /// /// /// 4. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of March , 1980 by the following vote, to wit: Councilmen Packard, Skotnicki, Anear, Lewis and AYES: NOES: None Councilwoman Casler ABSENT: None ATTEST : (SEAL) 5.