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Home My WebLink About1980-05-20; City Council; 6251; Zone Code Amendment - PU ZoneCITY OF CARLSBAD INITIAL ' AGENDA BILL NO. a-/ Dept. Hd. &/& DATE : May 20, 1980 Cty. Atty.V/SB DEPARTMENT: Planning Cty. Mgr.J( .uw SUBJECT : ZONE CODE AMENDMENT, AMENCI!IIG THE PU ZONE TO PROVIDE FOR WATER RECLAMATION APPLICANT: CITY OF CARLSBAD CASE NO. ZCA-122 STATEMENT OF THE MATTER The PU Zone requires a precise development plan prior to building permit entitlement for any use in the PU Zone. conditions of use and operation. The PU zone contains a list of permitted uses and structures that would require review by the precise development plan. This list includes wastewater treatment disposal or reclamation facilities. this time, include the regulation of the quality and distribution of said reclaimed water . With the approval of the Precise Development Plan for the Lake Calavera Hills and the San Marcos County Water Sewer Treatment Plants, conditions were placed on the regulation and distribution of the reclaimed water. codified the fact that the City does regulate the quality and distributior7of the reclaimed water. The precise plan establishes development criteria and It does not, at The Code amendment simply This amendment has been reviewed by all affected water districts and treatment dis- tricts within the service of the City of Carlsbad. Commission are satisfied with this ordinance amendment. The districts and the Planning The only change suggested by the Planning Commission was the addition to Finding No. 1 that added "and the subsequent distribution of reclaimed wastewater in the city limits" as contained in Planning Commission Resolution 1623. ATTACHMENTS : 1. Planning Commission Resolution 1623 2. Staff Report, dated March 26, 1980 3. Ordinance No. 955 J . RECOMMENDAT I ON Both the Planning Commission and planning staff recommend that tke City Council i n troduce Ordi nance 95Sk Council action: 5-20-80 - Council introduced Ordinance 9551, amending Title 21, Chapter 21.36 of the Carlsbad Municipal Code by the amendment of Section 21.36.050 to provide for certain regulations for water reclamation. 6-3-80 Council adopted Ordinance 9551. v 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 26 27 28 PLANNING COE4MISSION RESOLUTION NO. 1623 -- A FESOLUTION OF THE PLANNING CONMISSION OF THE CKTY OF CARLSBAD, CALIFORNIA, RECOllMENDING APPROVAL OF A ZONE CODE ANENDMENT TO TITLE 21, CHAPTER 21.36 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDPJIENT OF SECTION 21.36.050 TO PROVIDE FOR CERTAIN REGULATIONS FOR WATER RECLAMATION APPLICANT: CITY OF CARLSBAD CASE NO: ZCA- 12 2 WHEREAS, the Planning Commission did, on the 9th day of April, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. HOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-122, based on the following findings : Findinas This amendment will allow the city to regulate the use of reclaimed water as part of the approval of the waste water treatment plants and the subsequent distribution of reclaimed waste water in the city limits. This amendment is a step in the city’s effort to develop a comprehensive regulation of satellite sewage treatment facilities and reclaimed water in the city. .The amendment is consistent with past city actions regarding wastewater reclamation. The amendment will help in the city’s efforts to conserve natural resources of water and energy. This project will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact --.. , ,I .. -> '3 r 3 3 3 4 5 6 7 f 9 1c u 12 13 14 15 16 17 la 19 20 21 L 22 23 24 25 26 27 20 i has been issued by the Planning Director on February 29, 1980, Lot No. 650. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, as per attached Exhibit "A" dated February 26, 1980, held on the 9th day of April, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis, NOES: None Jose ABSENT: None ABSTAIN : None CARLSBAD PLANNING C Of1 SION y-1 ATTEST : C~SBAD PLANNING C~MIIISSION J .. PC RES0 #1623 -2- .. .La : . ... -. . .. I, ... . -' . i The City Council of the City of CarlsJmd California doc:s herdJy ordain as follows : SECTION 1: That Title 21, Chapter 2.1.3G, Section 21.36.950 of the Caxlsbad Municipal Code is amended by the addition of Subsection (1.2) to read as follows: 'I (12) Regulation of' the type qua1.it-y , distribution and use of reclaimzd water, or reel-aimcd wastco:ater. " EFFECTIVE DATE : This ordina.nce shall he effeckive .. thirty days afJ-er its adoption , and the City Clerk shall certify to the adoption of this ordinarice and cause j-t .to be published at least once in the Carlshad Journal withiii Eif";ecn days after j-ts atioptior,. INTRODUCED AND FIRST READ at a regular meeting of the Carl-sbpi City Council held on the -- day of I DATE : March 26, 1980 TO : '7 Planning Commission FROII : Bud Flender, Planning Department SUBJECT 1 PROPOSED ORDINAISCE P.E JVATER !XECLAvqATION, ZCA-122 Over the past several years the Council has shown great concern over the regulation of reclaimed water ilz the city. On the two precise development plans that have been processed by the city for satellite sewage treatment plants, conditions have been required for the regulation of water reclamation. The basi.s for this regulation has been implied from Section 21.36.050, which states the kinds of things that can be regulated by a PDP, but does not limit the regulations to those particular items stated. The city's authority also stems from the constitutional police power and the power to regulate sanitary conditions. The proposed ordinance specifically enumerates regulation of reclaimed water as a condition of a precise'development plan. This rcla.tively minor amend.ment is a statement of.existi.nq law and is one step in the city's continued'effort to develop a comprehensive regulation of satellite sewage treatment facilities and reclaimed water in the city. The avendment is an add-ition to the condition of approval for. a precise d-evelopment plan (Section 21.30.050). A precise development plan is required for all developments in the P-U zone and sewer treatment and water reclamation is allowed only in the P-U zone. Section 21.36.050 of the P-U zone establishes conditions the City Council may impose on a precise development plan. Therefore, this amendment will permit the city to regulate, if so desired,the type, quality, as indicated in precise development plan. Recommendation It is recommended that ZCA-122 be APPROVED as contained in attached Exhibit "A" dated February 2G, 1380, for the following reasons: distribution and use of reclaimed water produce - 1. This amendment will allow the city to regulate the use of reclaimed water zis part of approval of waste water treatment plant. 2:. This amendment is a step in the city's effort to develop a comprehensive regulation of satellite sewage treatrnent facilities and reclaimed water ir_ the city. 3. The amendment is consistent with 'past city actions regarding wastewater reclamation.. 4. The amendment will help in the city's efforts to conserve natural resources of water and energy. EP : ar 3/20/80 11 2 3 4 5 6 7 8 9 10 24 25 11 AYES: Councilmen Packard, Anear, Lewis, Councilwomen Cas1 er and Kulchin NOES: None 12 0 ORDINANCE NO. 9551 AN ORDINANCE OF THE CITY COUNCIL OF THE THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.36 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.36.050 TO PROVIDE FOR CERTAIN REGULATIONS BOR WATER RECLAMATION The City Council of the City of Carlsbad, California does hereby ordain as follows: SECTION 1: That Title 21, Chapter 21.36, Section 21.36.050 of the Carlsbad Municipal Code is amended by the addition of Subsection (12) to read as follows: use of reclaimed water, or reclaimed wastewater." 'I (12) Regulation of the type, quality, distribution and EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day ofMay I 1980 and thereafter 20 I! PASSED AED ADOPTED at a regular meeting of said City 21 22 Council held on the 3rd day of June , 1980 by the following vote, to wit: 23 ABSENT: None 26 I! 27 il mc .&*- RONALD C. PACKARD, Mayor 28 ATTEST: ALETHA L. RAUTENX