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HomeMy WebLinkAboutReso 1977-8634RESOLUTIOD? NO. 8634 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXEMPTING WITH CONDITIONS 282 PALOMAR STREET FROM THE CASTLE PARK OCCUPANCY PERMIT MORATORIUM The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore authorized construc- tion within certain portions of the Castle Park area, provided, however, that no occupancy permits will be issued for new construction until sewer problems have been resolved, and WHEREAS, the City Council has heretofore approved a precise plan for the construction of a der Wienerschnitzel restaurant on pro- perty located at 282 Palomar Street by Resolution No. 8583 adopted on April 19, 1977, and WHEREAS, the requirements for sewer service for said restau- rant are proposed to be resolved in accordance with the report attached hereto and marked as Exhibit "A" and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that an occupancy permit be issued to der Wiener- schnitzel on the condition that the program as set forth in said report be properly carried out by the developers of said property. Presented by Approved as to form by I F- l _~ W. J. Robens, Director of ~~ eorge~l~. Lindberg, City Atto~,riey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of May 1977, by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen Egdahl _ ~~ ~ C Mayor of the City of C la Vista ATTEST ~/L' .~E'~f_ ~ ~ ~ uty City Clerk STATE-(5F CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, _, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk s ;._, ' ^~. ~~ ~ ~.. ~. ~+x ~ k t. REPORT ON THE REQUEST OF THOMAS-FLETCHER-NICOL COMPANY FOR EXEMPTION FROM THE CASTLE PARK OCCUPANCY PERMIT MORATORIUM Prepared by William E. Harshman, Senior Civil Engineer May 17, 1977 By letter dated April 29, 1977 to the Director of Public Works (copy attached), Mr. Paul Thomas requested that 282 Palomar Street, site of the future der Wienerschnitzel, be granted exemption from the moratorium on occupancy permits in the Castle Park area. Any exemption or change in the requirement of the Castle Park Moratorium can only be made by Council. This report will discuss the ramifica- tions of the requested exemption and make a recommendation. RECOMMENDATION It is recommended that the City Council approve the resolution exempting der Wienerschnitzel from the occupancy permit moratorium subject to the following conditions: 1. Developer will provide a holding tank and pump constructed so as to discharge sewage to the public sewer system only between the hours of 1:00 A.M. and 5:00 A.M. 2. Holding facilities shall be of such capacity as to retain the total sewage flow generated from the site between the hours of 5:00 A.M. and 1:00 A.M. of the following day. 3. Design of the holding facility shall be such as to permit sub- sequent conversion to a gravity system upon completion of down- stream sewer relief facilities. 4. Design of the holding facilities shall be as approved by the City Engineer. 5. Developer shall agree to bear the full cost of the temporary holding facilities, the cost to convert to a gravity system, and the cost to remove, fill or abandon the temporary holding facilities. It is further recommended that other developers may request conditional exemption should they wish to expend the cost for special facilities. DISCUSSION Staff has investigated the subject request and assembled the following information: 1. On October 12, 1976, Council directed that "staff advise the developers that no new occupancy permits will be issued in the area concerned until adequate sewer facilities have been pro- vided." 2. On November 9, 1976, Council reaffirmed applicability of the moratorium to "any proposed new developments." 3. The development as now proposed includes seating capacity for - a - .. r 56 persons. Based upon criteria used by the City and the Mont- gomery Sanitation District to estimate sewage generation this facility will produce a volume of sewage equivalent to between 2 2/3 and 8 dwelling units. (The specific equivalency will depend upon the inside seating capacity actually provided.) 4. The statement made in the Negative Declaration to the effect that "no substantial increase" in sewage flows would result from the project was based on the presumption that connection would be made following completion of construction of downstream sewer relief facilities. However, the bulk of that construction has yet to be undertaken. So long as an overload condition exists downstream, any increase in loading staff regards as substantial. 5. The request for exemption correctly states that neighboring commercial properties are hooked onto sewer. However, this circumstance has no bearing upon the applicability of the mora- torium to the property in question. 6. Financial and contractual hardships described in the request for exemption are to some degree applicable to all persons whose projects have been affected by the moratorium and therefore do not constitute a unique circumstance applicable to only the appli- cant's property. 7. The applicant sets forth his need to assure his tenant and lender that occupancy of the structure will be permitted upon comple- tion, which is scheduled for September 15, 1977. Staff cannot at this time conclusively state that sewer relief facilities will be completed by that date. The major portion of the relief facilities are situated in County jurisdiction. Their construc- tion must be preceded by execution of the joint powers agree- ment now under preparation. Funding will be accomplished either through local sources, Public Works Employment Act grant, or a combination of both. The County is now awaiting word as to whether the previously sub- mitted application for federal grant will be approved in the second phase of Public Works Employment Act funding. The need for a moratorium against issuance of new occupancy permits arose because of a surcharge situation which exists in various seg- ments of the public sewer serving the Castle Park moratorium area. That surcharge occurs only during certain hours of the day under peak flow conditions. Conversely, there are periods during the day (primarily in very early morning hours) when the loading of those sewers is relatively light and only a small portion of the sewer's capacity is utilized. During these low flow periods it is possible to add to the existing load. However, such selective loading can be accomplished in typical circumstances only through installation of special facilities to limit the hours of discharge by individual properties using the sewer. These facilities include a holding tank, a sewage pump and appropriate controls. - 3 - An exemption with conditions could be granted to the applicant provided he construct a specially designed sewer system that would not increase the already peak condition downstream. Should the Castle Park sewer project be assured (i.e. award of contract) prior to request for occupancy permit then installation of the special facilities would not be needed and the moratorium could be lifted. CONCLUSION The applicant (der Wienerschnitzel) is requesting exemption from the Castle Park occupancy permit moratorium based upon several items discussed in their letter. Staff finds that an exemption could be made if a special sewer system is constructed by the applicant that would restrict discharge to the sewer system only during the hours of 1:00 A.M. to 5:00 A.M. daily. All additional costs should be paid for by the applicant. The surcharge condition downstream would not be increased by the recommended action.