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HomeMy WebLinkAbout2007-07-24; City Council; 19107; Establish measurement for sewage from theme parksCITY OF CARLSBAD - AGENDA BILL AB# 19.107 MTG. 7/24/07 DEPT. Clerk ESTABLISHMENT OF SEWAGE MEASUREMENT FOR THEME PARKS DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt 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: Ordinance No. NS-849 was introduced and first read at the City Council meeting held on July 17, 2007. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty (30) days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,090 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. NS-849. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n Da D i ORDINANCE NO.NS-849 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 17th day of July, 2007, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of July, 2007, by the following vote: AYES: Council Members Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Council Member Lewis. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY . BALL, City Attorney rCLAUDE A LEWlS^Mdyor ATTEST: