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HomeMy WebLinkAbout1978-02-07; City Council; Resolution 53031 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 RESOLUTION NO. 5303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SECOND REVISION TO THE FIRST PHASE SEWER ALLOCATION SYSTEM ADOPTED BY RESOLUTION NO. 5199 AS REVISED BY RESOLUTION NO. 5259 PURSUANT TO SECTION 18.05.030 OF THE CAFGSBAD MUNICIPAL CODE. WHEmAS, the City Council has instituted a First Phase Sewer Allocation System by the adoption of Resolution No. 5199 and revised it by the adoption of Resolution No. 5259; and WHEREAS, the City Council of the City of Carlsbad on December 20, 1977 authorized an allocation of sewer treatment capacity to certain projects which qualified pursuant to the said system has by the adoption of Resolution 5279; and WHEREAS, this allocation did not use all of sewer treatment capacity available to the City of Carlsbad in the First Phase Sewer Allocation System; and WHEREAS, after study the City Council Sewer Committee reported to the City Council at their January 3, 1978 meeting that their recommendation was to further revise the First Phase Sewer Allocation System to allocate the remaining sewer treatment capacity in land use categories as follows: Single Family Residential, Multiple Family Residential, Office Commercial and General Commercial; and WHEREAS, the City Council has determined that the revisions as recommended by the Sewer Committee are necessary and in the public interest. NOW, THEmFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the revised First Phase Sewer Allocation System, Exhibit "S", to Resolution 5259, dated November 15, 1977, is hereby superseded by a Second Revised First Phase Sewer Allocation System as set out in Exhibit I E 7 4 F c E 7 E s 1c 11 12 12 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 m "S Second Revision" dated February 7, 1978 attached hereto and made a part hereof 3. The Second Revised Frist Phase Sewer Allocation System shall be subject to all the terms and conditions of this Resolution and Resolution No. 5199. an adjourned PASSED, APPROVED AND ADOPTED at /. regular meeting of the Carlsbad 8th day of February , 1978 City Council held on the by the following vote to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT : None ATTEST : BIT "S" SECOND REVISION 6h)' OLUTION NO. 5303 FEBRUARY 7, 1978 I CITY OF CARLSBAD . SECOND REVISION - FIRST PHASE SEWER ALLOCATION SYSTEM .. I. Objectives: The sewer allocation syst-e-m contained herein is intended to provide a framework within which the City Council can make some judgments regarding the allocation of a limited amount of sewer capacity which' may become available. City objectives: A. This system is designed to meet the following * To fairly and equitably allocate a limited amount of sewer capacity among competing demands, I To coordinate development with needed public improvements, B. C. To maintain and enhance levels of City services (infilling). . I). To preserve and/or enhance the efficiency of service delivery systems to allow time to provide public facilities adequate to meet expanded service needs, . E. F, To renew and maintain existing urban areas, To develop vacant land that is within existing urban areas and is currently served by public facilities; i.e., streets, waterp sewero ' ... ~ 11. Available Sewer Capacity: It is estimated that the first phase sewer allocati~n system revise6 will have 210 equivalent dwelling units and 58,333 gallons of sewer treatment capacity to be corisidered %or allocation, be distributed on the.basis of the criteria contained within this document. The amount of sewer capacity required for any particular project shall be determined on the basis of equivalent dwelling units according to the established City system in that regard. This capacity may . -_.. .’ 111,. Purpose and Intent: A. . The guiding criteria for the application and interpretation of this system shall be to maxirnize the overall community benefits for the City of Carlsbad. This sewer allocation system is for those portions of the City of Carlsbad which are located within the Carlsbad service area. This sewer allocation system is in part responding to the specific needs of the community in terms of those perscns known or unknown who have Seen caught by the sewer moratorium established April 19, 1977. The City Council has determined to consider allocating some or all of the sewer capacity which we may acquire covering such concerns as: 1) distribution of sewer capacity by percentage to specific land use categories; 2) creating a rating system within the various land use categories; 3) establishing community benefits for the City of Carlsbad as the major allocation criteria; and 4) development of a system to fairly recognize those persons affected by the moratorium of April 19, 1.977. - B. C. - D. IV . Land Use Distribution: ,,” The following land use distribution of sewer allocation is established for this second revision of the first phase s ewer a 1 location s 17s ten . Remaining E.D,U.’s in First Phase (Equivalent Dwelling Units) A. Commercial Land Use 1. General 26 14 2. Office B. Single Family Resfdential 43 Land Use * C. Multiple Family Residential 10 Land Use ** *Single Family Residential Land Use shall be those dwelling units proposed on legal recorded lots in ’ the R-1 and R-A zones and dwelling units in other residential ‘zones where the density is 7,500 sq. of land per unit or less. **Multiple Family Residential Land Use shall be all. dwelling units where the density is greater than one dwelling unit per 7,500,sq. ft. ft. -* 2 - (0 Applications 'for sewer permits will be divided by use in accord with the above categories. Projects in each category will be rated against other projects in the same category and separate . .allocations will be made within each'category. the above categories, therearewee more categories with capacity to be distributed: In addition to D. Industrial Land Use . Remaining E.D.U.'s in First Phase (Equivalent Dwelling Units) 81 E. Community Facilities (Includes parks, schools, other governmental buildings, churches, hospitals and airports) F. Contingency (Includes failing septic tanks and community development, re- habilitation programs, redevelop- ment areas, capital improvement programs and a reserve capacity for other exceptions to the sewer moratorium contained in Section 18.04.170 of the 14 Carlsbad Municipal Code. 22 ;. The Industrial Land Use, Community Facilities and Contingency categories are designed to reserve sewer capacity rather than allocating fixed amoants immediately as the other land use categories. It is anticipated that between now and when optimum sewer capacity is available, there will be a continuous need for capacity in the various land uses identified in these categories, It may be necessary to establish a separate rating system for these categories if a high demand occurs; however, at this time, it is anticipated that these will be handled on an "as needed" basis by a case-by-case evaluation by the City Council. The only exception to the. City Council allocating these categories based on community need and the public welfare, is that the City Manager shall have authority to issue sewer connection permits for failing septic tank systems. V. Procedures for Applying for Sewer Permits under the S&cond Revision of the First Phase Allocation System. A, It is assumed that there will be more applications for a sewer allocation than there is available capacity. Therefore, three qualifications are established which must be satisfied at the time of application in order for the application to be considered. . -3- .’ . <e .- .. It is the judgment of the City Council that only projects which can meet these qualifications should.be eligible tc participate in the allocation under the second revised first phase sewer Ellocation, These qualifications are also intended to screen applicatlons in a preliminary way to provide a reasonable.guide to save unnec-?sa-:y engineering and design costs for a proposed project where there .is little chance of the project qualifying for a sewer allocation permit. The qualifications are as follows: - 1. 2. 3. No residential project will be eligible for consideration . that is outside of the infill area as shown on the map marked Exhibit A, attached hereto and made a part hereof, Commercial and industrial land uses may be considered anywhere within the City’s sewer service area. With the exception of City building or sewer permits, all approvals, including City Council action and other agency approvals, such as the California Coastal Commission and Sanitation and Water Districts, must have been issued and proof of such approval must be submitted with the appli- cations. The applicant must demonstrate that he is ready and able to commence construction of the project upon receipt of a City building permit, No public costs .for City facilities to service the site, such as streets, sewers, etc,, are required: . - __ B. Applicants for projects which aprJarenCly qualify under -the categories listed above, shall then prepare the followCYg information as the official application for a second allocation sewer allocation permit, 1. Documents Required for Submittal: The.following dicuments are required to provide sufficient infor- mation to accurately rate the application, and to determine if the proposal meets Code requirements, may cause disqualification, , Errors or omissions d) Application, . Questionnaires for qualifi.cation and for rating (Application Attachments), Proof in writinq that all necessary approvals involving the various public agencies have been completed. Two blue line prints of the site plan. shall contain all information necessary to evaluate the project under this system as required by the Planning Director, The sj-te plan 0 0 - .- e) A written list and explanation of what water, sewer and energy conservinl; material or construction techniques that are going to be used. (Such list will become part of the record and -plans must comply with the list and be to the satisfaction of the City Building Official. ) In addition all energy conservation 'efforts rcques'thg pointz- documented, reviewed and siuned -by a qualif yinq engineer os similar professional in the field. . f) Application Fees: The submittal of a processing fee in the amount of: '* $25 for community facilities $25 for single family residence $50 for multiple family residence $100 for commercial or industrial uses A fee is not required €or applications on file pursuant to the first revision to the sewer allocation system. deadline for filjng applications is the close of the business' day on -March, 3, 1978, Applications shall be filed with the Planning Department. The VI. Staff Evaluation After the closing date for receipt of applications, a staff committee, consisting of the Public Works Administrator, CitAy Engineer, Director of Building and Housing and the Director of Planning, shall eva?j.uate each applicatj.an ik accordance with the provisions of this section. The comni-ttee shall prepare a report for the City Council. The report shall show which projects in the judgment of the committee meet the qualifications of Section V. point total.for each project based on the staff judgment of the project's ranking after applying the point system as set out in the Rating System Questionnaire, a part of Exhibit B, attached: hereto and made a part hereof, In addition, the report shal2. rank the projects from the project.with the highest total to - the project with the' lowj'est total for each land use category. Finally, the report.shal1 recommend which projects in each category should receive a sewer allocation permit. The staff shall report their findings to the City Council within 30 working days from the deadline for submission of applications. The committee findings shall be mailed or otherwise made available to all persons who have applied for a sewer allocation permit before the Council hearing. . The report shall also show a .. . - .: -5- b. . P .. The City Clerk shall set a public hearing before the City Council to consider tha staff committee report, After coni@ction of the public hearing on the report, the Council shall first consider and resolve any disagreements between applicants and staff ir, regards to the qualifications of Section V, The Council shall then eliminate from further consideration for permits under this- second allocation all projects which do not meet the Section V qualifications. The Council shall review the recommendations of the Staff Report in regards to the point ranking'of qualifying projects within each land use category, The Council shall have the prerogative of making its own policy interpretations of the rating system in reaching its decision on allocations. If the Council is not satisfied that the results of the rating system meet the objectives and pur2oses and intent of the system, The Council may amend it as they consider necessary in the public interest. When the Council is satisfied with the findings and the ranking of the projects, they shalladopta Sewer list of such projects which shall become the basis for issuing sewer permits and building permits in the Garlsbad sewer district boundaries. Inclusion of a project on the approved list shall constitute authorization pursuant to Municipal Code Section 18.05.030 for the exception of that project from the building moratorium imposed by Chapter 18-05 of the Code. The Council is under no obligation to allocate all or any part of the available sewer capacity pursuant to this system. The Council reserves the.right to establish point total cut off within each land use category as they consider nezessary in order to insure the available capacity is used in the best interests of the citi;ens .of Carlsbad. Any capacity which is not allocated as a part of this second revision - first phaseorwhich is allocated but not used, shall. remain in reserve to be reallocated as the Council may determine by the adoption of a second phase system or by the further amendment of this system, vnr. Permits and Fees The successful applicant within the rating system shall be required to perform in the following manner in order to obtain and retain a sewer permit: A.. A complete building permit application must be filed after Council- action approving the list of projects eligible for .projects within 45 days. All other projects within 30 days, Sewer allocations as fo~~ows: Commercial and industrial The project must be as representedin the-allocation application. Concurrently with the issuance of a building permit the applicant shall obtain a.sewer connection permit and pay the fee therefore as required by the Carlsbad Municipal Code, also pay a special sewer allocation permit fee of EDU for his project. lease cost of the capacity allocated by this system; The applicant must take out his building, sewer and other necessary permits within 20 days after mailing of written notice by the City that plan check is complete and that the building permit is ready for issuance. B. Applicant shall $375 per The special fee shall be used to pay the C. -6- . C. . ./- (a I). After issuance of a building permit by the Building Department, construction shall commence within 30 days and be diligently pursued without interruption until completed. in a reasonably timely way, or is interrupted for any period in 'excess of 30 days, the building permit and sewer- permit will be void, A11 fees shall be non-refundable. If a building permit is voided, a new building permit may be obtained which will only be issuedeif the prdject qualifies for a new sewer allocation pursuant to .such system that the Council may adopt in the future. .If construction daes not progress E. NOTE TO APPLICANTS This second revision of the first phase sewer allocation system is adopted based on an assumption that the city will have available 58;333 gallons of additional sewer capacity on lease from another member of the Eneina Treatment Plant. is based on Er?.gineer's estimates. to determine and the assumptions which underlie the system are subject to change. There is no guarantee that a project, which apparently qualifies for an allocation pursuant to this system, will actually receive a sewer permit. Further, there is no guarantee khat the issuance of a sewer allocation permit will insure that capacity will in fact be available at the time of occqancy. The City may pot exceed its capacity rights in the plant, andp therefore, mest be governed by the actual a-vailability of capacity at the time the hookup is made. of a result unfavoranle to the city, any permits issued'pursuant hereto could be revoked. allocation permit or perform work pursuant to such permit are at your own risk. In addition to Pages 1 through 7 hereofs the second revision to the First Phase Sewer Allocation System shall include the Eollowing: This assumption The true facts are difficult The system is subject to Pitagation, In the event Efforts by applicants to obtain an Exhibit A - Infill Map Exhibit I3 - Application for Sewer Allocation Permit Exhibit C - Questionnaire for Application Qualifications Exhibit E - Rating System Questionnaire: Commercial Exhibit F - Rating System Questionnaire: Residential - .7 - 0 1000 2000 a000 FEEf - .- & - -__ AUG. 25 1977. CARLSBAD,CALIFCENIA . 1. 2. 3. 4 '. 5. 6. I APPLICATION FOR SEWER (Please Print or Type) ALLOCATION EXHIBIT I3 9-1-77 PERYIT # Date Description of Project (Residential, Commercial, Industrial... no. of units, etc.): Location of Project: The subject property is generally located on the side of between and s Assessor's Number: Book Page Parcels Book Page. 'Parce 1. s (Please list others at bottom of page). ' Owner (s) : .e Name . Address City State .. Zip Phone Person(s) responsible for preparation of plans or design: Name Address City State Zip . Phone Registration of License No. Applicant : Name Addr e s s City State Zip Fhone Representing (Company or Corp.) : . I hereby declare that all information contained within this application and the accompanying attachments have been READ, UNDEI?STOOD, AND HAVE BEEN ANSWERED CORRECTLY TO THE BEST OF MY ABILITY, Applicant's Signature X .. c.. C. Exhibit C January 16, 1978 4 Questionnaire for Application Qualificatlons The following threequestions must be answered concerning your project: 1. Is the location of your project inside the'infill boundaries as approved by Council, excJ-uding Commercial and Industrial Land Use?(The official map.is located at the Planning Department,) 2. Have all approvals, including City Council actions and other applications such as the California Coastal Commission, Sani-tation and Wate8r District been completed? {In order to document this qualification,proof must be submitted and attached to this application.) Will the project create any public casts for City facilities such as streets, sewers, etc.? - 3. To the best of my knowledge, my proposed project will not require any public costs for City, facilities to service the site, such as streets, sewers, etc. I understand that if it is determined by City staff that my project will require such public costsl my application will be disqualified from consideration and my application fees will not be refunded. Applicant s Signature . LOG NO. c -- RATING SYSTEM QUESTIONNAIRE t -- for -- Exhibit E 10/18/77 .- COMMERCIAL LAlJD XES Please answer the following questions. evidence in support of the pohts indicated may be attached, 1. Additional pages showing Points will be given for certain water saving devices listed below. incorporated into the project. fixture as listed below, all such fixtures in the structure shall be so equipped wherever appropriate.) Please check the devices, if any, which-will be (To receive points for any Faucets Laboratory sink aerators (flow restrictors) 2% Spring loaded faucet Quick heat lavatory faucet Thermostatic mixing valve Flow control head or in-line restrictor ~ No showers included in project Recirculating (convection or forced) Flush valve (1' line) Showers Hot Water Pipes Toilets . Insulation POINTS % WATER REDUCTION 0 0-4% P 59% 2 110-E4% 3 1.5-L9% 4 20-24% 5 25-29% 6 30-34% 7 35-39% 8 40-44% 9 45-47% 10 48% 5% 5% 4% - 4% 8% 5% . 8% 15% e Comments or Explanation r *- 2. . -. 3. I ' Points will be 6.i. based on'the following C. thods to conserve energy. - Please check the devices, if any, which will be incorporated into the project. fixtures in tfir structure shall be so equipped wherever applicable-) (To receive po-i-nts for any fixture as listed below, al.1 such Pilot lights for furnaces 5% Electro-spark Windows Thermopane 4.. 10% Solar Heating 5% % by Engineering Design Hot Water Augment ' Building Heating A clear, documented -statement substantiating the percentage claimed must be included to receive any credit. POINTS % ENERGY CONSERVATION 0 No energy conservation considerations , 1 1-5% 2 6-10% .3 11-15%. 4- 16-20% 5 21-25% 6' 26-30% 7 31-35% 8 36-40% 9 41-45% ".. . -'a. 10 46% 3. Comments .or Explanation Does the project incorporate facilities to reduce sewer effluent by significant amounts? believe your project should be allottGd.) (Circle appropriate points that you 0 - No Reduction 1 - up to 2% 2 - 4% 3 - 6% 4 - 8% 5 - 10% . 6 - 12% 7 -. 14% 8 -.16% 9 - 18% - 10 - Over 18% Comments or Explanation . .. -2- . .* c. 4. Does the project remove or rehabilitate older dilapidated structures within the community of a non-historic nature?" 0 0 - Land Vacant 3 - Rehabilita.tion 5 - Removal of non-historic dilapidated structure *Structure is defined as any main building on a lot. 5. Does the proposed project participate in a capital project listed on the City Council's approved Capital Improvement Program? POINTS 0 - NO 5 - Partially completes a capital project 10 - Completes a capital project Comments or Explanation 6. Will the project require less than 50% of the sewer capability that is available in its land use type? 0 - 50% and over 1 - 40% - 49.99% 2 - 30% - 39.99% 3 - 20% - 29.99% 4 - 10% - 19.99% 5 - 5 -*9,99% 6 - 2 - 4.99% 7- - 0 - 1.99% Comments or Explanation 7. Will the project provide substantial assessed value to the City? POINTS RECEIVED 0 3 6 9 QUARTILE Bottom 25% of Projects ~ Third, 25% of Projects Second 25% of Projects Top 25% of Projects METHOD: Projects shall be arranged from highest to lowest building valuations. Building evaluation for each project shall be computed multiplying the square footage of building area in each project by the appropriate construction cost factors set forth in the Building Department Valuation Tables. Comments -. 3 - 0 GENERAL COMMERCIAL ONLY 0 4 (Not part of rati.ng for office uses) . .. 8. Will the project provide substantial taxable sales to the City? POINTS REXEIVED QUARTILE 0 Bottom 25% of Projects 3 Third 25% of Projects 6 Second 25% of Projects 9 Top 25% of Projects METHOD: Projects shall be arranged from highest to lowest potential taxable sales. Potential taxable sales for each project shall be computed by multiplying the.squarefootage of gross leasible building area in each project by the following factors. TAXABLE SALES PER SQUARE USE FOOT OF BUILDING(S) - Regional Shopping Center Paint and Wallpaper Auto Service and Supplies Dinner Restaurant Coffee Shop Fast Food Mini-Supermarket Car Dealership - set amount of. Community & Neighborhood Commercial Center Specialty Store Discount Store Furniture and Appliances Furnishings T.V., Stereo, Records Building Supplies 90 60 100 ".. 80 60 60 120 90 120 80 14 0 120 250 40 $1.8 million Comments I -4- &' t +' r- . /- TIE BREAKING RATING .POINT SYSTEM t . CO&ERCIAL In case of a tie in any land use category, the foklowing points may be applied as a tie breaker: 1. Distance to public transportation .system POINTS 1/2:mile -I- 3/8 to 1/2 mile 1/4 to 3/8 mile 1/8 to 1/4 mile 0 to 1/8 mile 2. Fire Response Time POINTS 0 No access 1 Over 6 minutes 2 5 to 6 minutes 3 4 to 5 minutes 4 3 to 4 minutes .5 2'to 3 minutes 6 1 to 2 minutes 7 0 to 1 minutes Comments ... ,.- I -5- , /- Exhibit F I ;. ' a. -~ 10/18/77 '- ' Revised 11/15/77 4 RATING SYSTEM QUESTIONNAIRB RESIDENTIAL LAND USE Please answer the following' questions. evidence in support of the points indicated may be attached. Additional pages showing 1. Points will be given for certain water saving devices listed below. Please check the devices, if any, which will be incorporated into the project. (To receive points for any fixture as listed below, all such fixtures in the structure shall be so equipped wherever appropriate.) Faucets Kitchen sink aerator (flow restrictors) Lavatory sink aerator (flow restrictors) Quick heat lavatory faucet Thermostatic mixing valve . Flow control head or in-line restrictor Insulation Recirculating (convection or forced) Cycle adjust dishwasher (built in) Showers Hot Water Pipes Appliances POINTS % WATER REDUCTION 0 1 2 3 4 5 6 7 8 9 10 0-4% 5-9% ' 10-14% B5-19% 20-24% 25-29 % 30-34% 35-39% 40-44% 45-49% 50-57% 2% 3% 5% * - 5% 15% 10% 15% 2% Comments or Explanation Please check tl-e devices, if any, which will be incorporated into the project. fixtures in thr structure shall be so equipped wherever applicable-) (To!receive points for any fixture as listed below, all such Pilot lights for furnaces Electro-spark Windows Thermopane Solar Heating Hot Water Augment Building Heating POINTS 5% 10% 2.0% % by Engineer i-ng Design A clear, documented statement substantiating the percentage claimed must be included to ' receive any credit. % ENERGY CONSERVATION 0 No energy conservation considerations 1 1-5% 2 6-10% 3 11-15% 4 16-20% 5 21-25% 6 26-30% a" 7 31-35% 8 36-40% 9 41-45% I 10 46% + Comments or Explanation 3. Does the project incorporate facilities to reduce sewer effluent' by significant amounts? believe your project should be allotted.) (Circle appropriate points that you 0 - No Reduction c 1 - up to 2% 2 - 4% 3 - 6% 4 - 8% 5 - 10% . 6 - 12% 7 - 14% 8 -*16% 9 - 18% 10 - Over 18% Comments or Explanation a. I -2- .. 4. Does the project remove or rehabilitate older dilapidated structures kithin the community of a non-historic nature?* .- 0 - Land Vacant 3 - Rehabilitation 5 - Removal of non-historic dilapidated structure *Structure is defined as any main building on a lot 5. Does the proposed project participate in a capital project listed on the City Council's approved Capital Improvement Program? POINTS 0 - No 5 - Partially completes a capital project 10 - Completes a capital project Comments or Explanation 6. Will the project require less than 50%of the sewer capability that is available in-its land use type? 0 - 50% and over .. .r 1 - 40 - 49,99% 2 - 30 - 39.99% 3 - 20 - 29,99% 4 - 1'0.- 19,99% 5 - 5 - 9*99% 6 - 2 - 4,99% 7 - 0 - 1.99% Comments 01" Explanation t TIE BREAKING - IiATING POI"T SYSTEM ! In case of a tie in any land use category, the following points may be applied as a tie breaker: 1. Distance to Parks and Recreation POINTS 0 1/2 mile + 1 3/8 to 1/2 mile 2 1/4 to 3/8 mile 3 1/8 to .1/4 mile 4 0 to 1/8 mile 2. Distance to public transportation system POINTS 0 1/2 mile + 1 3/8 to 1/2 mile 2 1/4 to 3/8 mile 3 1/8 to 1/4 mile 4 0 to 1/8 mile 3. Fire Response Time POINTS 0 1 2 3 4 5 6 7. 'No access Over 6 minutes 5 to 6 minutes 4 to 5 minutes 3 to 4 minutes 2 to 3 minutes 1 to 2 minutes 0 to 1 minutes Comments - c -4-