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HomeMy WebLinkAboutStaff Report 5.E 01/23/20065.E CITY OFPETALUMA,CALIFORNIA January 23, 2006 AGENDA BILL Aeenda Title: Meeting Date: January 23, 2006 Resolution allowing a residential sanitary sewer connection outside the Urban Growth Boundary for L. Lawrence Braun at 2461 Meetine Time: N 3:00 PM Western Avenue (APN 020-030-016). ❑ 7:00 PM Cateeory (check one): ❑ Consent Calendar ❑ Public Hearing © New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: Public Works V* ce Marengo Cra'g,Spaulding 778-4466 Cost of Proposal: N/A J" Account Number: N/A Amount Budeeted: N/A Name of Fund: N/A Attachments to Aeenda Packet Item: 1. Vicinity Map 2. Resolution 89-68 3. County of Sonoma letter dated March 18, 2005 4. County of Sonoma letter dated May 17, 2005 5. Resolution approving the outside sewer service Summary Statement: Due to a failing septic system and an evaluation from the Sonoma County Permit and Resource Management Department, the owner of 2461 Western Avenue is requesting an outside sanitary sewer connection. Because the property lies outside the Urban Growth Boundary, City Council approval is required. Recommended Citv Council Action/Sueeested Motion: Approve resolution with conditions to allow an outside sanitary connection for L. Lawrence Braun at 2461 Western Avenue (APN 020-030-016). Reviewed by Admin. Svcs. Dir: Date:O/(7-7(05 Todav's Date: Reviewed by Citv Attornev: 9 Date: Revision # and Date Revised: ADuroved Citv Manaeer: Date: 7 File Code: CITY OF PETALUMA, CALIFORNIA JANUARY 23, 2006 AGENDA REPORT FOR RESOLUTION ALLOWING A RESIDENTIAL SANITARY SEWER CONNECTION OUTSIDE THE URBAN GROWTH BOUNDARY FOR L. LAWRENCE BRAUN AT 2461 WESTERN AVENUE (APN 020-030-016) 1. EXECUTIVE SUMMARY: Due to a failing septic system and an evaluation from the Sonoma County Permit and Resource Management Department, the owner of 2461 Western Avenue is requesting an outside sanitary sewer connection. Because the property lies outside the Urban Growth Boundary, City Council approval is required. 2. BACKGROUND: The property owner Mr. Braun approached the City to discuss his failing septic system in February of 2005. Staff reviewed the City policies with Mr. Braun and suggested he contact Sonoma County to provide an evaluation of his existing septic system. A formal application was received August 24, 2005. City of Petaluma resolution No. 89-68 establishes policy for sewer service outside the City Limits and specific criteria for sewer service outside the Urban Growth Boundary. In summary, the specific requirements include finding a clear health hazard, a letter from Sonoma County identifying the problem, the dwelling existing prior to adoption of Resolution No. 89-68 and the availability of a sewer main with sufficient capacity. In addition, any sewer connection outside the Urban Growth Boundary requires City Council approval. An Environmental Health Specialist from Sonoma County Permit and Resource Management Department (PRMD) visited the subject property and wrote two letters to report on the septic system condition. The first letter stated that effluent was observed surfacing, indicating a septic system failure and public health hazard. The letter goes on to report saturated soils, high ground water and at the County's request, the property owner had the septic tank pumped following the day. At the request of the City of Petaluma, a second letter was issued to address the potential for a septic system repair on the site. The second letter provides some history of repair, possible solutions and constraints. However, in the final analysis, the County does not believe a permanent solution exists and supports a connection to the City sewer system. This application was also referred to the City of Petaluma Water Resources and Conservation Department (WR&C). In response, WR&C recommended that the City Council consider a conditional approval based on the existing conditions, the County's findings and meeting the criteria for property outside the Urban Growth Boundary. Staff has reviewed the application and agrees with the assessment and recommendations from Sonoma County PRMD and the City of Petaluma WR&C Department. Specific conditions of approval include: 1) Confirming sufficient capacity exists in the existing sanitary sewer collection system to accommodate the proposed service, 2) The applicant shall comply with all applicable sections of the City of Petaluma Resolution No. 89-68, and 3) The applicant shall enter into an agreement with the appropriate parties to contribute a fair share of the operation and maintenance costs of the existing sanitary sewer lift station and associated facilities on Windsor Drive. ALTERNATIVES: Deny the outside sanitary sewer request. 4. FINANCIAL IMPACTS: N/A 5. CONCLUSION: It is staff's opinion that the applicant meets the criteria necessary to be considered for review by the City Council. With recommendations from Sonoma County PRMD and City WR&C Department, staff takes no exception to the subject outside sewer service. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: N/A RECOMMENDATION: Approve resolution allowing outside sewer service to L. Lawrence Braun at 2461 Western Avenue (APN 020-030-016). 5:\Engineering Division\Outside Sewer\2461 Weslem Ave agenda.doc 3 r%Ol 111 1T Resolution No. 89-68 N.C.S. EXHIBIT 2 of the City of Petaluma. California A RESOLUTION ESTABLISHING POLICIES FOR EXTENSION OF SEWER SERVICE FOR USE OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF PETALUMA WHEREAS, the City of Petaluma is willing, under certain circumstances, to provide sewer service to lands currently outside of the corporate limits of the City but within its Sphere of Influence. In addition, other limited service may be provided at the discretion of the City Council where existing conditions are an immediate threat to the health and welfare in areas outside of the City's Sphere of Influence. WHEREAS, by offering such opportunities it remains the City's policy to: 1) oppose urban development in unincorporated areas, 2) limit premature parcelization and development of agricultural lands, 3) offer sewer service as a means of meeting immediate human health needs rather than providing a convenience for future parcelization or development outside of the corporate limits; and, WHEREAS, certain areas have been identified as urban service areas on the City's adopted sphere of influence, wherein the provision of sewer service for less than urban densities is currently provided or will likely be provided, which are not planned as potential annexation areas. NOW, THEREFORE BE IT RESOLVED THAT: I. Applications for outside sewer service shall be considered and may be approved only when the following circumstances exist: A. AREAS WITHIN THE ADOPTED SPHERE OF INFLUENCE 1. The sewer service is to be used: 1) for dwellings in existence on the date of adoption of this resolution 2), for one principal dwelling and up to one accessory "granny" unit approved for construction on parcels created prior to the 1 Rm ;va...3...9..-_6.&........ xc.s. date of adoption of this resolution, or 3) for non-residential uses only upon the approval of the City Council. 2. The sewer service is for residential purposes unless otherwise specifically approved by the City Council. 3. The sewer main from which service is to be derived is in place and of sufficient capacity to accommodate the requested service. If deemed necessary by the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use. B. AREAS OUTSIDE OF THE ADOPTED SPHERE OF INFLUENCE 1. A clear health hazard exists. 2. Need is demonstrated by evidence of contamination clearly stated in a letter from County Health Department with documentation by an independent laboratory and/or civil engineer whichever is deemed appropriate by City staff. 3. Service may be provided to dwellings or non-residential land uses in existence on the date of the adoption of this resolution or for dwellings for which building permits have been issued prior to the date of adoption of this resolution or for non-residential uses but only upon the approval of the City Council. 4. The sewer main from which service is to be derived is in place and of sufficient capacity to accommodate the requested service. If deemed necessary by the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use. 2 Reso. 89-68 N.C.S. /_ II. Applications for outside sewer service within the sphere of influence shall be reviewed and conditionally approved or denied by the City Engineer and the Director of Community Development and Planning in accord with the policies and conditions herein set forth. III. For areas outside the sphere of influence where a clear health hazard exists, requests shall be reviewed on a case-by-case basis by the City Council. IV. Every outside sewer service approval shall be subject to the following conditions and any other conditions the City Engineer and Director of Community Development and Planning deem necessary to protect and promote the interests of the City of Petaluma. Said conditions shall be implemented or complied with by the applicant, to the satisfaction of City staff prior to initiation of service. 1. For properties within the sphere of influence, annexation impact fees, as established by the City Council, shall be paid prior to the initiation of the sewer service and where it is deemed by the City Engineer and Engineering and the Community Development and Planning Director that immediate annexation is feasible, annexation shall become a condition of approval. 2. Any unauthorized extension of service for use not specifically approved by the City, e.g. a second dwelling, shall be cause for the discontinuance of service. 3. "Outside" rate to be established by City Council resolution, which reflects the current rate for service as per Petaluma Municipal Code and an additional fee for service outside City limits to the extent permitted by law. 4. An agreement shall be executed between the property owner and the City, to run with the land, which commits present and future property owners to the construction of, or payment for frontage improvements (i.e., one-half street, curb, gutter, sidewalk, 3 Reso. 89-68 NC'.5. �- water lines for domestic use and fire protection, sewer and storm drainage facilities to City Standards), at the option of the City at such time as the property is subdivided, annexed or abutting properties construct similar improvements. Dedication of right-of-way for public streets or easements for utilities may be required. 5. Sewer service requested for lands lying within the sphere of influence proposed for subdivision must meet City Development Standards and have direct abutting access to an improved public street designed to meet City Standards. reso. outside. sewer/resoll REFERENCE: Under the power and authority conferred upon this Council by the Charter of said City,.... I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a (Regular) meeting on the 6th day of March 19-9-9 by the following vote: AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor DE Mayor Hilligoss NOES: 0 ABSENT: ATTEST: Mayor City Clerk 4 4" CIIm I FF- - CA 10-85 Rm N.-8-9-6-& ....... . n c.s. COUNTY OF SONOMA EXHIBIT 3 �Mp' co�N a =__ PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA 95403-2829 (707) 565-1900 FAX (707) 565-1103 �Q(IFOftI March 18, 2005 Craig Spaulding, City Engineer City of Petaluma Department of Water Resources and Conservation 11 English St. Petaluma, CA 94952 RE: 2461 Western Avenue, APN 020-030-016 Dear Mr. Spaulding, In response to the request by Lawrence Braun, the owner of the property at 2461 Western Avenue, this department made a field visit on 2/24/05 to evaluate the septic system and site conditions. The property owners wish to connect to public sewer, which is located at close proximity to this property. According to Resolution No. 89-68 N.C.S. of the City of Petaluma, applications for outside sewer service shall be considered and may be approved for areas outside of the adopted sphere of influence when a clear health hazard exists and evidence of contamination is demonstrated and acknowledged by County health officials. At the time of the inspection, effluent was observed surfacing near the lowest distribution box and leachline indicating system failure and a public health hazard. A sample was collected and analyzed by the County of Sonoma Public Health Laboratory. A copy of the results is attached. Based on the results, it is evident that contamination by sewage exists on the property. In addition, we dug a posthole approximately 100 feet from the creek and approximately 25 feet below the designated expansion area. In this posthole, the soil below a depth of 8 inches was saturated, and a clay layer was observed below 18 inches; the amount of clay increased with depth. In 1992, additional percolation testing was performed above the existing leachfield, to the southwest (toward the creek), and to the southeast; the percolation tests failed at 24 -inch depth (slower than 120 mpi). The condition of the system, combined with the knowledge of poor soil permeability in other areas of the property and the presence of elevated groundwater conditions indicate that any sewage disposal system repair would function only marginally during the winter period. For these reasons and due to the presence of surfacing sewage, this department supports the owners in their effort to obtain a sewer connection. An emergency sewer connection would effectively mitigate this public health hazard and prevent Code Enforcement violations which would require immediate corrective action. As requested, the owner had the septic tank pumped the day after our inspection. If you would like to discuss this matter further, please feel free to contact me at 565-2308. Respecffu Pamel enyak Environmental Health Specialist II PRMD - Well & Septic Division IV1AR 2 2 2005 ;Urdruiuiruruc� Zury itIillrhAltlGIi; I May 17, 2005 COUNTY OF SONOMA EXHIBIT 4 PERMIT AND RESOURCE MANAGEMENT DEPARTMENT 2550 Ventura Avenue, Santa Rosa, CA 95403-2829 (707) 565-1900 FAX (707) 565-1103 Craig Spaulding, City Engineer City of Petaluma Department of Water Resources and Conservation 11 English St. Petaluma, CA 94952 RE: 2461 Western Avenue, APN 020-030-016 Dear Mr. Spaulding: 4',s__,is n_ JM 10 2005 �O�RP��9J�tll l i t.!t c?r���� uir_i; I ill:'nfilll.;�P; At your request, this letter provides additional information in support of our opinion regarding the potential for a sewage disposal system repair at 2461 Western Avenue in Petaluma, California. As stated in my letter dated March 18, 2005, previous and recent field observations and percolation test data indicate that this property exhibits elevated groundwater conditions during winter months and slow permeability in shallow soils. To provide some background, in 1991, a repair permit was issued for a 56" -deep standard system designed for a 2 -bedroom home. The location of this repair was a definite improvement over the previous system which was at close proximity to the winter drainage channel. In 1992, shallow (24 -inch) percolation tests were conducted near and in the vicinity of the existing system (above the primary system and within/below the expansion area). It appears from our records that the owner was exploring the potential of upgrading to an aboveground Mound septic system, which is one of the most restrictive types of systems. His desire was to add a bedroom to the home per our Reutilization Policy. The results indicated soil permeability rates slower than the required 120 minutes per inch (averaging 327 mpi for 6 locations). The County did not approve the testing. Official groundwater tests and deeper percolation tests have not been performed and are not generally required for'repairs'. As a possible repair system, a Mound would maintain a greater separation between sewage and groundwater during winter months as compared to a standard trench system. However, due to impermeable soil conditions (a Mound system requires 24" of permeable soil), the system cannot function as designed; with limited to no treatment in shallow soils, sewage is more likely to surface (system failure and public health hazard). A standard trench repair system may allow for better treatment through more permeable soils however the groundwater is more likely to be impacted, and saturated conditions can also result in failure (as it has recently). This property is located in the Nitrate Study Area, which is an area in Petaluma identified as having contributed to nitrogen contamination of the aquifer (primarily the chicken industry). Our goal is to help decrease the nitrogen loading into this aquifer when possible. The area available and layout for a mound repair with expansion is not clear because the plans we have on file do not accurately indicate the undeveloped portions of the property. Updated plans would be required showing all outbuildings, paved areas, creek, the existing leachfield, etc. The actual orientation of the system given setbacks etc. and would depend on a design/layout by an engineer or REHS. If the system were proposed over the existing Ieachfield, a waiver would be required and the actual layout of the existing system would have to be verified (note: the existing system installation was never finaled; no inspections were made by the County). 10 May 17, 2005 Mr. Spaulding 2461 Western Ave. Page 2 Based on our review, a nonstandard Mound repair system or standard trench repair system is less likely to function as desired or for a sustained period of time given the site conditions. With either type of repair the owners may still need a sewer connection in the future. Under these circumstances, the County supports obtaining a sewer connection if at all possible. Due to the surfacing sewage observed earlier this year, a sewer connection would help mitigate a public health hazard. If you would like to discuss this matter further, please feel free to call me at 565-2308. Res I/� 2 �/ P6ela Bennyak 4� / Environmental Health Specialist II PRMD — Well and Septic Division cc: Rebecca Ng, Well and Septic Division Supervisor EXHIBIT 5 APPROVAL OF OUTSIDE SEWER SERVICE FOR L. LAWRENCE BRAUN AT 2461 WESTERN AVENUE (APN 020-030-016) WHEREAS, L. Lawrence Braun applied for a residential outside sewer service for a single family residence; and WHEREAS, the property meets the outside sewer service criteria as described in Resolution No. 89-68; and WHEREAS, also described in Resolution No. 89-68, sewer service outside the Urban Growth Boundary shall only be approved by the City Council; and WHEREAS, the following conditions of approval shall apply: 1) The applicant shall confirm there is sufficient capacity in the existing sanitary sewer collection system to accommodate the proposed service. 2) The applicant shall comply with all applicable sections of the City of Petaluma Resolution No. 89-68. 3) The applicant shall enter into an agreement with the appropriate parties to contribute a fair share of the operation and maintenance costs of the existing sanitary sewer lift station and associated facilities on Windsor Drive. NOW THEREFORE, be it resolved by the City Council of the City of Petaluma that the outside sewer service for the subject property is approved and the Community Development Department is directed to collect the appropriate fees and the Public Works Department is directed to prepare an approval letter and execute and record an outside sewer connection agreement. SAEnginccdng Division\Resolutions\2461 Westem, Bmun.DOC lD-