HomeMy WebLinkAbout1979-08-07; City Council; Resolution 58714 I
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RESOLUTION NO. 5871
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
A PRECISE DEVELOPMENT PLAN (PDP-2) FOR
A 1.2 MGD WASTEWATER TREATMENT FACILITY AND RELATED APPURTENANCES ON PROPERTY
GENERALLY LOCATED NORTHEAST OF EL CAMINO REAL, SOUTH OF HIGHWAY 78. APPLICANT:
LAKE CALAVERA HILLS ASSOCIATES.
WHEREAS, on June 13, 1979 the Carlsbad City Planning
Commission adopted Resolution No. 1525 recommending that
Precise Development Plan (PDP-2) be approved; and
WHEREAS, the City Council of the City of Carlsbad held
public hearings on June 19, 1979, July 3, 1979 and July 17,
1979 to consider the recommendations of the Planning Commission
and to receive all recommendations and hear all persons
interested in or opposed to Precise Development Plan (PDP-2);
bnd
WHEREAS, an Environmental Impact Report has been prepared
and discussed at duly noticed public hearings before the
Planning Commission and the City Council, and the final
report has been certified as complete in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1972 and the California Environmental Quality
Act;
NOW, THEREFORE BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 1525 constitute the findings of the City
Zouncil in this matter, with the exception of matters relating
to growth management which the Council intends to address
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separately on a city wide basis.
C. That the Precise Development Plan (PDP-2) fora 1.2
MGD wastewater treatment facility and related appurtenances
to serve the Lake Calavera Hills basin is hereby approved
subject to the conditions contained in the document entitled,
"Lake Calavera Hills Precise Development Plan, Revised
Conditions",dated July 27, 1979, marked Exhibit LCH, attached
hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting Of
the Carlsbad City Council held on the 7th day of August ,
1979 by the following vote, to wit:
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AYES :
NOES : None
Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
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(SEAL)
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LAKE CALAVERA HILLS
PRECISE DEVELOPMENT PLAN
REVISED CONDITIONS
GENERAL
EXHIBIT LCH TO 0 RESOLUTION NO. 5871
July 27, 1979
1. Development of the site shall occur substantially as shown on Exhibit "G", dated June 22, 1979, attached hereto, and as shown on Exhibits A-1, B, D and F-1, dated April 11, 1979, for the wastewater treatment plant; and Exhibit A-2, and E, dated April 11, 1979, for the percolation ponds; except for modifications and necessary back-up systems not affecting the plant's operational efficiency that are approved by the Public Works Administrator. \
2. In addition to the approval of the development indicated
in the exhibits noted above, all other requirements and appurtenances as listed in this approval shall be
indicated on the final Precise Development Plan.
TREATMENT PLANT
3. The proposed treatment plant shall be constructed in one phase as a 1.2 mgd capacity plant with percolation ponds,
effluent lines to serve ponds, and all other appurtenances
necessary to operate the treatment plant at its fully rated capacity of 1.2 mgd . Not withstanding the forgoing phased construction as specified in Condition #9 herein may be permitted.
4. A reversible force main connecting the treatment facilities
to the Encina line at El Camino Real shall be constructed
as part of this project.
mCLAMATION
5. All wells, pumps, check dams and other appurtenances necessary to reclaim water from the recharge basin which
basin is described in Exhibit E, shall be constructed
as part of this project. Plans for the water reclamation
system shall be submitted to and approved by the Planning
Commission prior to commencement of any grading, construction,
or the placing of any equipment for the project.
6. All effluent from the treatment plant shall be reclaimed and utilized for replacement of existing or planned potable water (Type I). The amount of sewer capacity allocated
to future developments shall be limited to the amount
of reclaimed water that can be guaranteed for use by the
applicant of such development or otherwise guaranteed to
satisfaction of the City Council.
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Revised Conditions Page 2
7. All proposed users of the treatment plant shall prepare and provide a plan acceptable to the City establishing and guaranteeing a method to utilize any reclaimed water prior to any approval of their project. The reclaimed water may not be applied to native vegetation or areas where there are no existing or planned potable water uses. As a guide for determining the acreage of land necessary to utilize the reclaimed water, the ratio of gallons of water to acres of land should be as
follows:
3,000 gallons to one acre of agricultural land, or
800 gallons to one acre of landscaped land per
day.
This ratio may be adjusted by the Planning Director to
accommodate particular locations, soil types and plants.
8. Any plan required by Condition No. 7 shall be submitted to
the Planning Director for approval. Approval of the plan
by the Planning Director shall constitute acceptance of
the plan by the City. In approving the plan, the Planning
Director shall give primary consideration to systems
where the land using the reclaimed water is either near
the recharge basin or served by gravity flow from the water reclamation system, in order to conserve energy required for pumping. Approval by the City shall not constitute a claim to or a guarantee for availability of reclaimed water. This condition and Conditions 6 and 7 shall be modified as necessary to accommodate such City plan for the use of reclaimed water as the Council may adopt.
9. The applicant shall be responsible for construction of a fail-safe effluent disposal system sufficient to serve and consistent with the 1.2 mgd design capacity of the
treatment plant, unless the City Council finds and
determines that a water reclamation system consisting
of mains, wells, pumps, check dams, and a11 other
appurtenances necessary to reclaim water from the recharge
basins consistent with such design capacity of the
treatment is feasible. If the water reclamation system
is feasible, its construction is preferrable.
Applicant shall use due diligence to obtain all necessary
state approvals for percolation capacity, first within
the Master Plan boundary of Lake Calavera Hills and. then,
if necessary, within alternative recharge basins located
in the Aqua Hedionda drainage basin sufficient to handle
the design capacity of the plant.
At the earliest possible time, prior to City's acceptance of
any portion of the treatment facility, the City Council shall
make a determination as to whether (a) it is reasonably feasible to obtain 1.2 mgd percolation capacity within the Master Plan boundary or adjacent alternative recharge basins or,
(b) a disposable effluent fail-safe system should be built.
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Revised Conditions Page 3
Upon either determination, the applicant shall be responsible
for construction and implementation of the alternative
selected.' Plans for the alternative selected shall be
approved by the Planning Commission by a conditional
use permit prior to any grading, construction or placing of any equipment for the alternative selected.
of the alternative selected shall be completed within
a reasonable time as specified in the Master Reimbursement
Agreement.
The applicant shall be responsible for the acquisition of
land, easements, or other rights necessary for the construction
required by this condition. In the event the applicant
cannot acquire same after the exercise of due diligence,
the City shallhave the option of acquiring the same through
its power of eminent domain, after due satisfaction of all
legal requirements, including environmental review and
public hearings, if required.
shall be responsible for the direct expense of environmental
and planning review, retention of special counsel to prosecute
the condemnation action or actions, and payment of any
required compensation to property owners.
be seasonably certain, to the satisfaction of the City,
prior to their acceptance of any portion of the plant.
10. Any appurtenances necessary for reclamation, storage, or use of the plant effluent, but not included for approval
in this application, shall be subject to Planning Commission
review and approval. At the time of review the Planning
Commission shall determine if such appurtenances will have
a significant adverse effect on surrounding property. is determined that the appurtenances may have a significant adverse effect a conditional use permit shall be required. Such conditional use permit shall contain conditions sufficient
to mitigate any such potential significant
The applicant shall be financially responsible for and shall
make all reasonable efforts to acquire and provide a thirty foot wide access way from Tamarack. Avenue to the treat-
ment facility, with necessary easement rights to accommodate
the reversible force main required by Condition 4 hereof. In the event applicant cannot acquire same after the exercise
of due diligence, the City shall have the option to acquire the same through its power of eminent domain, after due satisfaction of all legal requirements, including environ-
mental review and public hearings, if required. In such
event, the applicant shall be responsible for the direct expense of environmental and planning review, retention of
Construction
In such event, the applicant
Acquisition must
If it
adverse effect.
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e Revised Conditions Page 4
special counsel to prosecute the condemnation action or actions, and payment of any required compensation to property owners. Acquisition must be reasonably certain, to the satisfaction of the City, prior to any grading, construction or placing of any equipment for the project.
ADMINISTRATION
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13.
Upon completion of construction and such inspection and
testing as required by City, the site, and all structures and appurtenances for the treatment facilities, recharge basins as shown on approved exhibits, the thirty foot wide access way from Tamarack Avenue to the treatment facility,
and all other appurtenances approved by and pursuant to this approval, including either the fail-safe effluent disposal
system or the water reclamation system, shall be offered for dedication to the City of Carlsbad, free and clear of liens and encumbrances.
The applicant shall be responsible for the payment of all
costs of construction of the facilities as approved.
Applicant may be reimbursed for certain costs expended in
construction of the treatment facility with more capacity than necessary to serve Lake Calavera Hills alone. City
and applicant shall enter into a Master Reimbursement Agreement
to provide for such reimbursement and to implement the
requirements of this Precise Development Plan. This agreement
must be completed and accepted by the City Council before
any application for discretionary approval may be submitted or accepted on any project in the drainage basin, except projects already approved or in the process of acquiring
discretionary approval. If no agreement is reached within
one year from the date of approval of this Precise Develop- ment Plan, all rights and approvals provided to applicant
by this plan shall terminate and this plan shall no longer
have any force or effect.
14. Upon acceptance of the treatment facility, ownership shall
vest in the City. Provided, however, that applicant in
consideration of its initiation and financing of this facility
shall have reserved for it such capacity as may be provided in
the Master Reimbursement Agreement. Except as provided herein,
or as otherwise authorized by law, applicant shall be subject
to all existing or future ordinances regarding sewer
allocation, permit issuance, or acceptance or approval of
applications for discretionary approvals.
15. If the City agrees to accept the facility, access easements
or other property rights necessary for operation and main-
tenance of the percolation ponds, effluent line, and
necessary appurtenances which have not previously been
vested in City pursuant to Conditions 9, 10 and 11 herein
shall be granted to the City by applicant free and clear of liens and encumbrances.
Revised Conditions Page 5
16. The applicant shall provide such easements over its own property as determined by the City Council to be necessary to accommodate sewer service and reclamation for the other properties in the drainage basin. This condition shall
also be made a condition of applicant's Master Plan,
17, The applicant shall include in its master CC&R's for the entire project and in the subdivision public reports €or each phase a detailed description of the facility, its proximity to dwelling units, and the potential for adverse impact. The CC&R's shall provide that the property owners and their successors in interest covenant not to object to or take any action, directly or indirectly, in opposition to the location of the facility nor its continued operation, except to the extent that such objections and/or action in furtherance thereof relate to the negligence or willful misconduct of the persons or entities then operating the facility.
18. A condition that prohibits the use of self-regenerating
water softeners shall be placed on all development permitted
to use this waste water treatment facility. The Lake Calavera
Hills development shall contain such prohibition in the
CC&R's.
19. The applicant shall submit and process a parcel map creating separate lots for the treatment plant and recharge basins.
20. The Lake Calavera Hills Master Plan (MP-l50(A)) shall be amended as required by the approval of the zone change and Precise Development Plan.
21. The applicant shall secure easement rights for the City prohibiting the location of any habitable building within one hundred yards from the outside edge of the service road
or structure and equipment, whichever is nearer to habitable buildings as indicated on Exhibit A-1. Tentative Map 76-12 and PUD-4 shall be amended if necessary showing such ease- ment prior to final map and final PUD.
22. To insure that the project will be designed with adequate safety margins, a design study for the facility shall be
submitted by Lake Calavera Hills Associates to the Public
Works Administrator or his designee and shall include the
following special studies: foundation, seismic safety,
expansive soil, soil stability, and special engineering
requirements.
Revised Conditions Page 6
23. Grading plans for all facilities shall be approved by the
Public Works Administrator or his designee, prior to issuance of building permits. Such plans shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction pads and excavate for treatment, transport and disposal facilities.
24. Drainage facilities adjacent to the treatment plant and
percolation ponds shall be designed to accommodate a
one hundred year flood and protect the treatment plant
and percolation ponds. These facilities shall be constructed
concurrently with grading activity.
drainage facilities and away from any cut and fill slopes.
Land shall not be cleared of vegetation except immediately before grading, and grading should take place only during the dry season (April 16 to October 31).
25. Surfaces shall be graded to direct runoff toward designed
26.
27. All graded slopes shall be stablized for erosion control
immediately following grading by the developer.
28. Landscape and irrigation plans shall be submitted for
the approval of the Planning Director. The landscaping
shall be designed to screen the treatment facilities
recharge basins from surrounding properties. Plans
shall include fast growing, tall trees as well as a
combination of shrubs and ground cover. Plants shall
be drought tolerant, fire retardant where necessary and
easily maintained.
shall be fully installed prior to the City accepting
the facilities.
The approved landscaping and irrigation
29. Natural vegetation and existing Eucalyptus trees shall be
retained wherever possible.
30. All pumps, generators and other noise producing mechanism
shall be placed underground and/or shielded in such a manner
to reduce noise attributed to the facility to a maximum of
fifty-five dba at property line of all facilities.
31. The applicant shall submit an archaeological investigation
for the approval of the Planning Director that indicates the
location of any archaeological resources that could be affected by the construction of the treatment facility, recharge basins, effluent line and any accessory pumps,
access roads, wells, etc. The final Precise Development
Plans shall include means to mitigate any potential impacts
noted in this investigation.
Revised Conditions Page 7
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The access way from the plant to Tamarack shall be improved
with a minimum of twenty foot wide asphalt concrete drive-
way and shall be approved by the City Engineer and Fire
Chief.
Fire hydrants shall be installed at locations and with flow rates as approved by the Fire Chief or his designee.
An asphalt concrete driveway shall be provided to the
percolation ponds. The location, dimension and construction
of the driveway shall be to the satisfaction of the City
Engineer and the Planning Director,
The equestrian trail through the treatment plant site as shown on Exhibit A-1, dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake
Calavera Hills Homewoners Association. the equestrian trail located between the treatment plant
and the recharge basins shall be placed within the effluent
line easement, and shall be constructed by the applicant
and maintained by the Lake Calavera Hills Homeowners
Association, The CC&R's for Lake Calavera Hills shall
contain this condition.
The portion of
Final plans for treatment facilities and recharge basins
shall indicate appropriate lighting to provide adequate
night time operations. Such lighting shall be designed in a manner so that nearby residences or public streets
are not adversely affected. The lighting plan shall be subject to the approval of the Planning Director.
The treatment facility, recharge basins and any other
mechanical appurtenances shall be totally enclosed by a fence a minimum of eight feet in height and designed for security purposes, subject to the requirements of the State Water Quality Control Board.
The applicant shall provide a method approved by the Public Works Administrator for the disposal of. sludge created by the treatment plant.
All equipment proposed to be placed on any roof shall be screened from public view and subject to the approval of
the Planning Director.
After approval, the applicant shall submit a reproducible
copy of the Precise Development Plan which incorporates
all requirements of the approval to the City Manager for signature. Prior to signing the final Precise Development
Revised Conditions Page 8
Plan, the City Manager shall determine that all applicable
requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Develop-
ment Plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property.
41. This Precise Development Plan shall be effective only
when an ordinance approving Zone Change 203 becomes
e f f ec tive .
EXHIBIT "G"
LAKE CALAVER! HILLS WASTESWTER TREATNEMT, DISPOSAL,' RECLANATION AKD ASSOCIATED FACILXTTES
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The. facility to be furnished to the City by Lake Calavera
Hills Associates shall be a complete functional system capa-
ble of operazing at the rate or' 1,200,000 gallons per day,- ai?erage daily flow, in conformance with approved @anS and
specifications as we1I as in conformance with the regula- tions of all applicable regulztory agencies. The facility shall include, but nox be limited, to the following:
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.. 1. Land and Easemelits .'.
a. Land for the treatment plant site an& xcess road Erom
Tamarack Avenue;
non'specific easements for the pipslinss from tke treatment plant to the percoXation €5eLCs;
non-specific..easenents for the pipelixxts required as part of the rkiamation system;
lad for the Euena Vista percolation field and accsss road; aird
either a non-s?ecific easenent for an ef5luen-t dZs- posal fail-sa-r'e line from the treatment plant to the m-~cina Nater Paflution Control FaciliZy or 'Land for ~ne Agua Hedicnda percolation field and access road if it is shown to be an acceptable a3ternate for the effluent fail-safe.
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2, Treztnent Plant
a. Headworks ;
b. t:~ro-6OO,OOCl ?allon oxidation ditches (activated sludge-extez~zd aeration, 24-hour detention time)
r.;ith at least t~o each brush-type aerators, drive notors, welrs, control valves;
c. ttio adequately sized clarifiers with systems capable of acceptrng effluent from either of the oxidation ditches;
..- d, aerobic six~~? digestor;
e. sludge c5lck;ener;
f. chlorination contact chamber;
g . sludge ccnpactor;
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h, buildingeusing auxiL5ar”)r. space, il%ty controls,
machine shap, laboratory, office;
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i. punps, force main, gravity line, booster pumps its
necessary for-transportation of 1.2 million gallons
. per day of treated effluent to either of the perco- -lation beds or to the Encina Water Pollution Control
Facility ocean outfall, . .- is
j, pump statio2 and force main to transport raw sewage -n .
from sewer main in El Camino Real, at its iintersec- tion with Tamarack Avenue or Kelly Drive, to the treatment plant. accommodate reverse flow from the treatment- plant
to the se~.ier main in El Camino Real;
drainage facilities as may be-required to protect
the plant from a IQO-year flood; and
any necessary appurtenances required zn qerate a
This system shall be designed to
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1,2’miliion gal1ons per day plant.
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3, Effluent Disposal (either a and b or a ~EZ c3
a, Percolation fields, check dams, drainzgs control sys- . - tems, and other zppurtenances as may bz required to
operate a spreading bed in the Buena Vista draizage shed capable df disposing of a minimum of SO0,OOP z -.a- .. . gallons per dq; and
b. percolation f-eids, check dams, drainage Eontrcl sys- . tems, and p-iher zppurtenances as may be required to
operate a sp--i3iing bed in the Agua Hedionda drainage
shed capabfe 02 disposing of a minimum of 700,000 gal-.
ions per day 07 of reclaiming a minimum of 1.2 million gallons per dq; or
~ump statioz, force main, gravity line and booster
pump as reqilirid to transport treated effluent to the Encina Water Psrlution Control Facility ocean outfall
per 2i. abc7;e.
4, Reclzastion Syszsx
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a, IdeIls, pc~z~s, grout curtains, force mains and other qpurtenances 2s may be required to operate a central
collection az.2 transmission system for water reclaimed
from the rsfkrge basins contzining percolation beds ccnstructez ~sr S a and 3b above-
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LIST OF ADDITION EXHIBITS TO RESOLUTION NO. 5871 : TO SEE ORIGINALS,
SEE ORIGINAL RESOLUTION NO 5871
1. Exhibit A-l - SITE PLAN
ir 2. Exhibit A - PDP-2 (Section @)
3.
4.
5.
6.
Jkhibit A-2 - SITE PLAN (Percolation Pond)
Exhibit F - Exterior Elevations
Exhibit E - Percoloation Pond Storm Drainage
Exhibit D - Proposed Waste Water Treat" Facility 1.2 MGD