HomeMy WebLinkAbout1980-08-05; City Council; 6316; Lake Calavera Hills request-.- CITY OF CARLSBAD
Initial :
Dept. Head AGENDA BILL NO. & 3/4
DATE : August 5, 1980 * c. Atty m
DEPARTMENT: Engineering
SUBJECT: LAKE CALAVERA HILLS REOUEST FOR ASSIGNMENT OF
142 EDUs FROM ENCINA PLANT CAPACITY
STATEMENT OF THE MATTER
Lake Calavera Hills has requested that the City temporarily assign 142 EDUs of Encina capacity to Tract 76-12. Reclamation Facility and effluent disposal line will be obtained prior to occupancy of homes.
The City can reasonably anticipate that the LCH
Final approval of the Subdi-vision Map for Tract 76-12 is contingent on acquisition of Tamarack Avenue rights-of-way.
EXH I BITS --
1.
2.
3.
Letter from Lake Calavera Hills Attorney.
Staff Report on Tract Approval.
Resolution No.C2GoApproving a Temporary Assignment of 142 EDUs from Encina Capacity to CT76-12.
RECOMMENDATION
Adopt Resolution No.LZ60 .
Council Action:
8-5-80 Council adopted Resolution 6260, approving a temporary assignment of 142 EDU’s
from Encina capacity to CT 76-12.
LUCE, FORWARD, HAMILTON & SCRIPPS
POST OFFICE Box 789
3150 Pi0 Pic0 DRIVE
CARLSBAD, CALIFORNIA 92008
SAN DIEGO OFFICE
?3 ., TnE BANR OF CALIFORNIA PLAZA
110 WEST A STREET
I . SAN DIEG0,ULIFORNIA 02lOl
17141 236-1414
LA JOLLA OFFICE
450 LA JOLLA FINANCIhL BUILDING (714) 439-5200 msr OFFICE BOX 1377
LA JOLLA, CALIFORNIA 92038
I200 PROSPECT STREET
(7141 459-+011 July 8, 1980
EDGAR A LUCE iaat-is5a
F. TUDOR ICRIPPS,dR.
,908- I063
Mr. Frank Aleshire
City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Re: Request of Lake Calavera Hills Associates
for (1) City Approval of Final Subdivision
Map for Tract 76-12 and (2) Final City Action Establishing Ultimate Alignment of Sewer Outfall Line from Lake Calavera Hills Satellite Plant to Connection with Encina
Sewer Outfall Line in Palomar Airport Road
Dear Mr. Aleshire:
This letter is written on behalf of Lake Calavera Hills Associates for the purpose of requesting final City of Carlsbad action on two items: (1) final subdivision map approval for
Tract 76-12; and (2) the adoption of the final alignment for the sewer outfall line from the Lake Calavera Hills satellite plant to its connection with the Encina plant sewer outfall line in Palomar Airport Road.
Final Subdivision Map for Tract 76-12
By Resolution No. 5145, the City Council of the City of
Carlsbad approved a tentative subdivision map, Tract 76-12, for a 142-lot subdivision and by Resolution No. 5146 also approved
a planned unit development permit (PUD-4) for said subdivision. Tract 76-12 is a portion of the Calavera Hills Master Plan (MP-150a) approved by the City Council as Ordinance No. 9517.
Tract 76-12 is anticipated to be the first portion of the Calavera Hills Master Planned Area to be developed.
As you know, in connection with satisfying the need for sewer service for the Master Planned Area, Lake Calavera Hills Associates has obtained approval in Resolution No. 5871 of the City Council of the City of Carlsbad for a precise development
c
Luck, FORWARD, HAMILTON & 3CRIPPS
Mr. Frank Aleshire
July 8, 1980
Page 2
plan (PDP-2) for a 1.2 million gallons per day waste water treatment facility and that Lake Calavera Hills Associates and the City of Carlsbad have entered an agreement for construction of the satellite plan. Construction of the sewage treatment and waste water reclamation facility is presently underway with substantial progress being made toward anticipated completion of the sewer plant itself this fall.
Lake Calavera Hills Associates desires to obtain its
final subdivision map approval for Tract 76-12 at this time.
One of the conditions to final subdivision map approval is that
the City Council find as of the time of such approval that sewer
service is available to serve the subdivision. While the Lake
Calavera Hills satellite sewage treatment plant is not yet in
operation, the substantial progress that has been made to date combined with the present availability of sewer capacity to the
City of Carlsbad through the Encina plant allows the condition of
final subdivision map approval for Tract 76-12 to be satisfied
by assigning 142 EDU's from Encina plant capacity to Tract 76-12.
Final subdivision approval for Tract 76-12 is necessary at this time in order to initiate at the earliest possible date the long process of constructing the homes that will provide the raw sewage for operation of the satellite sewage treatment facility. In making the request for allocation of Encina plant capacity, it is intended and expected that the allocation be temporary in nature until the satellite sewer treatment facility is operating at which time sewer capacity to be used by Tract 76-12 will be provided by the Lake Calavera Hills satellite
sewage treatment plant.
Lake Calavera Hills Associates wishes to emphasize that
its request is not for a permanent allocation of 142 EDU's from the Encina plant capacity, but an allocation presently made so as to allow final subdivision map approval with ultimate sewer
service anticipated to be from the Lake Calavera Hills satellite treatment facility.
Adoption of Final Aliqnment for Sewer Outfall Line
An integral part of the construction of the Lake Calavera
Hills satellite sewage treatment plant and reclamation facility
is the construction of a sewer outfall line connecting the satellite plant to the Encina plant's ocean outfall disposal
line. Final planning, design and ultimate construction of
that outfall line is presently awaiting the City of Carlsbad's action and commitment to a specific alignment. It is our understanding that the final alignment of the outfall line
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LUCE, FORWARD, HAMILTON 61 SCRIPPS
Mr. Frank Aleshire July 8, 1980 Page 3
has been before the City Council as part of the City Council's. consideration of the overall waste water reclamation facilities master plan for the City of Carlsbad, but that final City Council determination and commitment to an exact alignment has not been made at this time.
It is important that final action establishing the alignment be taken so that the planning, design and construction can move forward. As one can easily imagine, the problems of coordination among the various agencies and property owners who must participate in the design and construction of the outfall line as well as the lead time necessary to secure any and all rights of way is considerable. However, none of these activities can be completed absent the City's commitment to a final alignment.
The City's timely consideration of final alignment not only affects the ability of Lake Calavera Hills Associates to timely complete its satellite sewage treatment plant and waste water reclamation facility in accordance with the agreements with the City, but also affects the Palomar Airport satellite plant being proposed by Koll Company and others.
Should you or any of the staff have any questions regarding our requests or need any further information, please do not hesitate to call me or Lake Calavera Hills Associates. We hope these matters will be taken up immediately by the City of Carlsbad and any City Council hearings scheduled at the earliest possible date.
Thank you for your assistance in these matters.
Ronald W. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS
Attorneys for Lake Calavera Hills Associates
RWR:rn cc: Mr. Roy J. Ward
Lake Calavera Hills Associates
MEMORANDUM - JULY 25, 1980
TO : CITY MANAGER
FROM: CITY ENGINEER
SUBJECT: FINAL SUBDIVISION MAP FOR TRACT 76-12
The conditions of approval of the Lake Calavera Hills Subdivision include a
provision that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. The conditions
of the map also state that Tamarack Avenue right-of-way must be dedicated
and improved or bonded for at the time of approval of the final map.
Presently the Lake Calavera Hills sewage treatment plant is under construction and scheduled for completion in September, 1980. The effluent disposal line is in an advanced planning stage and acquisition of rights-of-way and design should begin shortly. The entire Lake Calavera Hills Reclamation Facility could be complete by late this year. nation action to acquire Tamarack Avenue right-of-way. That action may also
be complete within the next few months.
The City is proceeding with a condem-
The City has recently allocated 1800 sewer connection permits in the Encina
Sewer Service Area of which only 6.7 have been issued. Of the 1165 EDUs
allocated in the Phase I1 Allocation System, nearly 1100 remain unpurchased.
The applicant has requested that they be allowed to submit their map for final approval by temporarily assigning 142 EDUs of Encina Sewage Treatment Plant capacity to Lake Calavera Hills. They have not addressed the issue of Tamarack Avenue right-of-way.
At the present time, staff does not foresee a need to withhold approval of the Lake Cal avera Hi 11 s request for "temporary Encina Capacity. 'I
completion and hook-up of the 142 new homes to the sewer is probably at
least a Year away and well within the most conservative estimate of completion
The actual
Reclamation Facility. of the LiH
A decision
vera Hills whose hold
Additional Calavera H
by Council to "temporarily assign" Encina capacity to Lake Cala-
will almost surely generate similar requests from other developers ngs are in the Lake Calavera Hills area.
requests for "temporary assignment" of Encina capacity in the Lake 11s area should be considered on an individual basis and approved
Staff does not anticipate the need to deny any requests for "temporary or disapproved depending on the number of EDUs remaining in the Encina Service Area. assignment" in the Lake Calavera Hills Sewer Service Area.
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RESOLUTION NO .6260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE TEMPORARY ASSIGNMENT OF 142 EDUs OF ENCINA SEWER CAPACITY TO CT76-12
WHEREAS, the conditions of approval of CT76-12 include a provision
that the final map will not be approved unless the City Council finds that .
sewer service is available to serve the project; and
WHEREAS, the Lake Calavera Hills Reclamation Facilities are under
construction and scheduled for completion within six months; and
WHEREAS,'the City Council has recently allocated 1800 EDUs of Encina
sewage treatment capacity of which only 6.7 EDUs have been issued; and
WHEREAS, the actual completion and occupying of homes in CT76-12 is
at least 12 months in the future;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. That 142 EDUs of Encina Treatment Capacity is found to be
available for CT76-12.
3. That the 142 EDUs of Encina Treatment Capacity shall be returned
to the Encina Sewer Service Area at such time as the City determines, but
after the completion and acceptance of the Lake Calavera Hills Reclamation
Facility.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, on the5th day of August , 1980, by
the following vote to wit:
AYES: Council Members Packard, Anear, Casler and Kulchin
NOES: None
ABSENT: Council Member Lewis
ATTEST :
ALETHA L. &ITE<M M