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HomeMy WebLinkAboutResolution 128-92 RESOLUTION NO. 128-92 A RESOLUTION OF THE ATASCADERO CITY COUNCIL PERMITTING TEMPORARY SEWER HOOK-IIP TO 8475 SAN GABRIEL ROAD WHEREAS, Deborah Goodyear, residing at 8475 San Gabriel Road has experienced numerous sceptic leach field failures on her prop erty. resulting in a health hazard; and WHEREAS, a Registered Civil Engineer, Eric J. Gobler, RCE 30438 , has determined that the soils are unsuitable for a conventional absorption system and the site's size, configuration, and topography preclude an alternative evapotranspiration type system; and WHEREAS, there is a sewer line in front of this property in San Gabriel Road serving the San Gabriel Elementary School; and WHEREAS, said property is located in the suburban residential (RS) land-use designation in the General Pian and is beyond the Urban Services Line; and WHEREAS, the extension of sewer service beyond the Urban Services Line is limited by the 1992 Land Use Element to "cease and desist" areas; and WHEREAS, this property is not within a "cease and desist" area as identified by the Regional Water Quality Control Board; and WHEREAS, the City Council is desirous of initiating a General Plan Amendment to consider expanding the "cease and desist excep- tion language in the General Plan to apply to unique situations such as is evident at 8475 San Gabriel where no increase in density or neighborhood character will result; and WHEREAS•, processing of either an independent General Plan Amendment or awaiting the results of said General Plan recommendation could not be done in a timely way with respect to the failed system on the Goodyear property; NOV, THEREFORE', BE: IT' RESOLVED AS FOLLOWS: I. City Council agrees to permit Ms. Goodyear, at her, expense, to have a temporary sewer hook-up to 8475 San Gabriel Road; 2. Establishment of said temporary hook-up into a permanent service shall be contingent on amendment of the General Plan enabling this action, Resolution No. 128-92 Page Z 3 . Said temporary service shall lie contingent on Ms . Goodyear agreeing, in writing, to immediately- disconnect said service and repair said septic system and hold the City harmless should the contemplated General Plan Amendment not be approved. Ire such event, City shall refund sewer annexation fee and other 'charges, less administrative costs of providing such service. On motion by Councilmember. Luna , and seconded by Council- member Kudlac , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo NOES: None ABSENT: None ADOPTED December 8, 1992 CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATT T: OIN, CXty Clerk APPROVED AS TO FORM: ARTH R NT O , City ttorney APPROVED AS TO CONTENT; .. HENRYE GES, Director Community Development