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Home My WebLink About1980-07-01; City Council; 6286; Issuance of sewer permitsCITY OF CARLSBAD I' w AGENDA BILL NO. baf& DATE : July 1, 1980 DEPARTMENT City Attorney .. Initial: F"":;:;: C. Mgr. -% Subject : ISSUANCE OF SEWER PERMITS FROM ENCINA RERATING Statement of the Matter - The Sewer Committee of the City Council, in a memorandum- report dated May 6, 1980, recommended that a Third Phase Sewer Allocation System be adopted to allocate 1,800 EDU'S from the Encina rerating, when that rerating is approved, on a first come, first served, business as usual basis within the Encina service territory. Projects within the proposed redevelopment project area would be included provided the Housing and Redevelopment Committee found them to be consistent with the Village Design Manual as approved by the Council on May 27, 1980. Three already partially developed industrial areas around Palomar Airport are also to be included on a temporary basis subject to the payment of a special fee. The City Council, at your Play 6, 1980 meeting, approved the Sewer Committee's Repart - and directed the City Attorney to return with documents implementing the Committee's recommendations. The attached resolution authorizes the issuance of 1,800 EDU'S. It also establishes a special connection fee for the industrial properties to be served on a tenporary basis in the proposed Palomar basin. The City Manager will report separately on the basis for that fee. The resolution also charges the Housing and Redevelopment Committee with reviewing projects within the redevelopment area. Building permit applications for such projects will not be accepted until the Committee determines that the project is consistent with the proposed design manual. Although not included in your direction, I have added a provision allowing an appeal of their decisions to the City Council. The Council should review the resolution and satisfy yourselves that these and the other related matters have been accurately incorporated. If satisfied, your action is to adopt Resolution No.6226 which will be effective when the Encina rerating is approved. Exhibit Resolution NO. 622 6 . Recommendation If the City Council concurs, your action is to adopt Resolution No. C,aa c* AGENDA BILL NO. 6286 Council Action: 7-1-80 Council adopted Resolution 6226, authorizing the issuance of 1,800 EDU’s of sewer capacity on a first-come, first-served basis, subject to certain conditions. I. , ,. 1 2 3 4 5 6 -7 a 9 10 11 :: - 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE ISSUANCE OF 1,800 EDU'S OF SEWER CAPACITY ON A FIRST COME, FIRST SERVED BASIS, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the City Council, at your meeting of May 6, 1980, received a comprehensive report from their Sewer Committee on the availability of sewer capacity within the City's service territories; and WHEREAS, said report, among other things, indicated that it appeared the rerating of Encina would be approved giving the City approximately 2,285 EDU'S of additional sewer capacity; and WHEREAS, the City Council indicated its intention to implement the Sewer Committee's recommendations; in particular, that 1,800 EDU'S from the Encina rerating be issued on a first come, first served, business as usual basis within the Encina Sewe Service Territory subject to certain conditions. The Sewer Committee's report, dated May 6, 1980, containing these recommendations and the factual bases therefor, is on file with the City Clerk and is incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1, That the above recitations are true and correct. 2. That the City Council is satisfied that if the proposed rerating of Encina is approved, that the City will have available 2,285 additional EDU'S of sewer capacity. 3. That in accordance with the terms of the Court's order, the City Council allocates 19.2%, or 438 of the available EDU'S to the Grove interests, The EDU'S previously allocated 661.03 .. - - together with the 438 EDU'S made available by this resolution, leave a balance of 150.97 which, when allocated, will completely satisfy the City's obligations under the settlement. Fees for the 438 EDU'S shall be as set out in the Court's order, 4. That the City Council hereby approves the proposed City Sewer Service Areas as described in the City Engineer's memorandum of April 30, 1980 and the City Council's Sewer Committee's report of May 6, 1980 and as shown on the map marked Exhibit A, attached hereto and made a part hereof. 5. That: the City Council hereby determines that 1,800 EDU'S of sewer capacity will be made available, when the rerating gf Encina is approved, for use within the area designzted on Exhibit A as the Encina Sewer Servide Territory. for that capacity will be issued in accordance with the City's established building and sewer ordinances on a first come, first served basis. Sewer permits will be issued at the same time the building permit is issued. The time limits and expiration dates applicable to building permits will apply to sewer permits. Sewer permits 6. That the remaining 46 EDU'S and any EDU'S that remain from other sources shall be held in reserve. The City Council may decide in the future whether or not or upon what basis to utilize such EDU'S. 7. That the Discretionary Reserve Capacity and the Returned Permit Capacity established by the 2nd Revision to the Second Phase Sewer Allocation System (Resolution No. 6101) shall not be implemented. It shall also be held in reserve subject to future Council action. 8. That applicants shall pay all required capacity and 2. 1 2 3 4 5 6 -7 8 9 10 11 12 n -c3 G 0 18 19 20 21 22 23 24 25 26 27 28 3. and connection fees. 9. That the City Council has determined that the partially developed industrial areas designated on Exhibit A as Temporary Encina Sewer Service Area may be sewered on a temporary basis by Encina. If the proposed Palomar Sewer Plant is approved and constructed, these properties will be switched to the Palomar Plant. Applicants for sewer connection permits within these territories shall pay a connection fee of $2,000.00, which is based on an estimate of the amount sufficient to pay their proportionate share of the proposed Palomar Sewage Treatment Plant, effluent disposal lines and related appurtenances. L// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 4 5 6 -7 a 9 10 11 12 s E 6 18 19 20 21 22 23 24 25 26 27 28 10. That the City Council has determined to apply special conditions to projects located within the proposed redevelopment project area as shown on the map marked Exhibit €3, dated September 1979, attached hereto and made a part hereof. Applications for building permits for development within said area shall not be accepted, processed or approved until the conditions of this section are satisfied. Persons wishing to develop in said area shall submit their proposed project to the Housing and Redevelopment Committee. The Committee shall deter- mine whether or not the project is consistent with the Village Design Manual, Carlsbad, California 1980, Draft No. 3, as ,approved by the City Council at their meeting of May 27, 1980 on file with the City Clerk and incorporated by reference herein. The Committee's decision may be appealed by any interested person to the City Council whose decision shall be final. A final decision that a project is consistent with the design manual shall constitute authorization for the Building Department to process the plans for such project. 11. That the City Manager shall monitor building permit applications within the Encina Sewer Service Territory and the Temporary Encina Sewer Service area and give periodic reports to the City Council on the number of EDU'S issued or in the application process. Considering the number of EDU'S issued and applications in process, the City Manager shall not accept applications in excess of the 1,800 available EDU'S without the express authorization of the City Council. 12. That this resolution constitutes authorization pursuant to Municipal Code Section 18.05.030 to exempt qualifying project -4- 1 2 3 4 5 6 7 a 9 10 11 12 0 6 19 20 21 22 23 24 25 26 27 20 from the building permit moratoria imposed by Chapter 18.05 of the Code. Pursuant to that exemption, the City Manager is authorized to accept applications for such projects and to process them in accordance with the provisions of the Carlsbad Municipal Code as modified by this resolution . 13. That this resolution does 'not constitute a guarantee that sewer capacity will in fact be available to any particular project. 14. That this resolution shall be effective when the six member agencies at Encina have approved the rerating of Encina and the City Council determines that the additional capacity contemplated by this resolution is available. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 1st day of July , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ATTEST: (SEAL) -5- @ Lake Calavera Hills Drainage Basin i;' ,f Palomar Airport Drainage Basin llllll San Marcos County Water District -*.* Leucadia County Water District @ Temporary Encina Sewer Service Area '%> ..L I .- POTENTIAL SEWER SERVICE AREAS 1 M X 3: H tu H e m e3 0 sj M VI 0 r C 1-3 ti 0 Z z 0