HomeMy WebLinkAbout2007-07-17; City Council; 19090; Equivalent Dwelling Units / Theme ParksCITY OF CARLSBAD - AGENDA BILL
19,090AB#
MTG. 7/17/07
DEPT. ENG
AN ORDINANCE AMENDING TITLE 13 CHAPTER 13.10.020
EQUIVALENT DWELLING UNITS OF THE
CARLSBAD MUNICIPAL CODE ESTABLISHING A
MEASUREMENT FOR THEME PARKS
DEPT. HEAD
CITYATTY
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No.NS-849 amending Title 13, Chapter 13.10.020 (Sewers;
Equivalent Dwelling Units) of the Carlsbad Municipal Code to establish a measurement for sewage
generated from theme parks.
ITEM EXPLANATION:
In 1997, the City of Carlsbad and LEGOLAND California (Legoland) established a methodology to
determine the sewage quantity generated for the LEGOLAND California Park. Legoland is a theme
park and did not qualify as any of the existing types of buildings or uses currently defined in
Chapter 13, Table 13.10.020(c) of the Carlsbad Municipal Code.
Legoland and the City agreed to monitor the sewage outflow from the park for three years after the
opening of the park and use this data to determine an average outflow per attendee. The average
outflow per attendee was determined using the total attendance divided by the total outflow.
The monitoring to determine the average outflow per attendee was conducted between July 1999 and
July 2002. This monitoring resulted in the determination of an equivalent dwelling unit (EDU) value per
attendee.
It was agreed in 1997 that the EDU value per attendee, established from the monitoring program,
would be used with the peak Sunday attendance in July to determine sewage outflow for the purpose
of assessing fees to support the sewerage system. A baseline attendance EDU value was established
in July 2003. The City and Legoland monitored attendance for the peak Sunday in July for the three
years in 2004, 2005 and 2006. Attendance on the peak Sunday in July was used to calculate the
EDU demands per acres of developed area within the park. Legoland has developed 36 acres of a
total 47 acres of developable area within the park. The parking lot and LEGOLAND Drive are not
considered in the calculation. Development within the parking lot and LEGOLAND Drive will require a
Specific Plan Amendment and determination of an EDU value by the City Engineer.
Based on the sewage outflow data and attendance records, staff has calculated a sewage outflow
rate of 17 EDU's per developable acre. If Legoland changes an existing use to a use that will generate
sewage outflow, then the fee determination will require review on a case-by-case basis. It is not
anticipated that the current park attraction areas will be converted into restaurants.
ENVIRONMENTAL IMPACT:
This project is statutorily exempt from CEQA pursuant to Section (15273(a)(4)). Specifically, CEQA
does not apply to the establishment, modification, structuring, restructuring or approval of rates, tolls,
fares, or other charges by public agencies which the public agency finds are for the purpose of
obtaining funds for capital projects, necessary to maintain service within existing service areas.
Consistent with this determination a Notice of Exemption will be filed by the Planning Director upon
project approval.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
J
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
Dn
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FISCAL IMPACT:
Legoland is approximately 76% built out. Of the total 47 acres available for development, 11 acres
remain to be developed. The remaining acreage will be assessed the fee on a per developed acre
basis in the year that the building permit is issued.
EXHIBITS:
1. Ordinance No. NS-849 amending Title 13, Chapter 13.10.020 (Sewers;
Equivalent Dwelling Units) of the Carlsbad Municipal Code to establish a measurement for
sewage generated from theme parks.
2. Redline/strikeout version of Ordinance No. NS-849 amending Title 13, Chapter
13.10.020 (Sewers; Equivalent Dwelling Units) of the Carlsbad Municipal Code to establish a
measurement for sewage generated from theme parks.
DEPARTMENT CONTACT: Sherri Howard. 760-602-2756 showa@ci.carlsbad.ca.us
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ORDINANCE NO.NS-849
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER 10,
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF
SECTION 20 TO ESTABLISH A MEASUREMENT FOR SEWAGE
GENERATED FROM THEME PARKS.
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Title 13, Chapter 10 of the Carlsbad Municipal Code is amended by
the revision of Section 20 to read as follows:
Table 13.10.020(c)
Type of Building, Structure or Use
(1) Each space of a trailer court or mobilehome park
(2) Each duplex.
(3) Each separate apartment in an apartment house
(4) Each housing accommodation designed for occupancy by a single
person or one family, irrespective of the number actually occupying such
accommodation
(5) Each room of a lodginghouse, boardinghouse, hotel, motel or other
multiple dwelling designed for sleeping accommodations for one or more
individuals
Without cooking facilities
With cooking facilities
(6) Churches, theaters and auditoriums, per each unit of seating capacity
(a unit being one hundred fifty persons or any fraction thereof)
(7) Restaurants
No seating
Seating (Exception: Seats allowed in incidental outdoor dining areas as
defined by Section 21.04.188.1 and seats allowed in outdoor cafes or
sidewalk cafes as defined by the Village Master Plan and Design Manual
do not count toward generation of sewer impact fees.)
Delicatessen or fast food, using only disposable tableware:
No seating
Seating (Exception: Seats allowed in incidental outdoor dining areas as
defined by Section 21.04.188.1 and seats allowed in out-door cafes or
sidewalk cafes as defined by the Village Master Plan and Design Manual
do not count toward generation of sewer impact fees.)
(8) Automobile service stations:
Not more than four gasoline pumps
More than four gasoline pumps
(9) Self-service laundries, per each washer
(10) Office space in industrial or commercial establishments not listed
above and warehouses
Equivalent
Dwelling Units
1.00
2.00
1.00
1.00
0.60
1.00
1.33
2.67
2.67 plus 1.00 per
each 7 seats or
fraction thereof
2.67
2.76 plus 1.00 per
each 21 seats or
fraction thereof
2.00
3.00
.75
Divide the gross
floor area of the
building in square
feet by 1800
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(11) Schools:
Elementary schools
For each sixty pupils or fraction thereof
Junior high schools
For each fifty pupils or fraction thereof
High schools
For each thirty pupils or fraction thereof
(12) In the case of all commercial, industrial and business establishments
not included in subdivisions 1 through 10, inclusive, of this subsection, the
number of equivalent dwelling units shall be determined in each case by
the city engineer and shall be based upon his estimate of the volume and
type of wastewater to be discharged into the sewer. The provisions of
Chapter 13.16 shall apply to all cases under this subsection and an
industrial waste permit shall be required. Any such permit, issued for any
use hereunder, shall include a specific volume of sewage authorized for
such use. If said amount is exceeded, it shall be grounds for revocation of
the permit.
(13) Theme park (LEGOLAND California) per acre
1.00
1.00
1.00
17.00
(d) If the number of equivalent dwelling units, determined by the application of subsection (c) of
this section, results in a fraction, the fees required by this code for such fraction shall be in
proportion thereto.
(e) The city engineer's determinations under this section may be appealed to the city council,
whose decision shall be final.
(f) The city council may, by resolution, prescribe any regulations they consider necessary for the
proper application of this section. Such regulations may include but are not limited to a
determination of the number of gallons of sewage equaling one equivalent dwelling unit may vary
for a satellite sewage treatment plant when such variation is justified based on the flow
characteristics of the drainage basin served by such plant or other factors which the council finds
necessitate the difference. (Ord. NS-423 § 1, 1997; Ord. NS-421 § 1, 1997; Ord. 7061 § 1, 1981;
Ord. 7060 §1 (part), 1980)
(g) If LEGOLAND California develops an attraction area into a use that is not consistent with
current theme park uses and/or requires a Specific Plan Amendment, the City Engineer shall
recommend a method for calculating equivalent dwelling units to the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
day of , 2007, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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ORDINANCE NO.NS-849
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER 10,
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF
SECTION 20 TO ESTABLISH A MEASUREMENT FOR SEWAGE
GENERATED FROM THEME PARKS.
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Title 13, Chapter 10 of the Carlsbad Municipal Code is amended by
the revision of Section 20 to read as follows:
Table13.10.020(c)
Type of Building, Structure or Use
(1) Each space of a trailer court or mobilehome park
(2) Each duplex.
(3) Each separate apartment in an apartment house
(4) Each housing accommodation designed for occupancy by a single
person or one family, irrespective of the number actually occupying such
accommodation
(5) Each room of a lodginghouse, boardinghouse, hotel, motel or other
multiple dwelling designed for sleeping accommodations for one or more
individuals
Without cooking facilities
With cooking facilities
(6) Churches, theaters and auditoriums, per each unit of seating capacity
(a unit being one hundred fifty persons or any fraction thereof)
(7) Restaurants
No seating
Seating (Exception: Seats allowed in incidental outdoor dining areas as
defined by Section 21.04.188.1 and seats allowed in outdoor cafes or
sidewalk cafes as defined by the Village Master Plan and Design Manual
do not count toward generation of sewer impact fees.)
Delicatessen or fast food, using only disposable tableware:
No seating
Seating (Exception: Seats allowed in incidental outdoor dining areas as
defined by Section 21.04.188.1 and seats allowed in out-door cafes or
sidewalk cafes as defined by the Village Master Plan and Design Manual
do not count toward generation of sewer impact fees.)
(8) Automobile service stations:
Not more than four gasoline pumps
More than four gasoline pumps
(9) Self-service laundries, per each washer
(10) Office space in industrial or commercial establishments not listed
above and warehouses
Equivalent
Dwelling Units
1.00
2.00
1.00
1.00
0.60
1.00
1.33
2.67
2.67 plus 1.00 per
each 7 seats or
fraction thereof
2.67
2. 76 plus 1.00 per
each 21 seats or
fraction thereof
2.00
3.00
.75
Divide the gross
floor area of the
building in square
feet by 1800
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(11) Schools:
Elementary schools
For each sixty pupils or fraction thereof
Junior high schools
For each fifty pupils or fraction thereof
High schools
For each thirty pupils or fraction thereof
(12) In the case of all commercial, industrial and business establishments
not included in subdivisions 1 through 10, inclusive, of this subsection, the
number of equivalent dwelling units shall be determined in each case by
the city engineer and shall be based upon his estimate of the volume and
type of wastewater to be discharged into the sewer. The provisions of
Chapter 13.16 shall apply to all cases under this subsection and an
industrial waste permit shall be required. Any such permit, issued for any
use hereunder, shall include a specific volume of sewage authorized for
such use. If said amount is exceeded, it shall be grounds for revocation of
the permit.
(13) Theme park (LEGOLAND California) per acre
1.00
1.00
1.00
17,00
(d) If the number of equivalent dwelling units, determined by the application of subsection (c) of
this section, results in a fraction, the fees required by this code for such fraction shall be in
proportion thereto.
(e) The city engineer's determinations under this section may be appealed to the city council,
whose decision shall be final.
(f) The city council may, by resolution, prescribe any regulations they consider necessary for the
proper application of this section. Such regulations may include but are not limited to a
determination of the number of gallons of sewage equaling one equivalent dwelling unit may vary
for a satellite sewage treatment plant when such variation is justified based on the flow
characteristics of the drainage basin served by such plant or other factors which the council finds
necessitate the difference. (Ord. NS-423 § 1, 1997; Ord. NS-421 § 1, 1997; Ord. 7061 § 1, 1981;
Ord. 7060 §1 (part), 1980)
(g|llf LBlDLAjiO^California develops an attraction area into a use that is not consistent with
Gfcirrentjttemi^ark uses ttrt^faquhtts a Speglfie PlanArnprtai^iit, the City Engineer shall
recomrrtend a method for calculating equivalent dwelling unite to the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
day of , 2007, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
&