HomeMy WebLinkAboutCUP 9A; South Coast Asphalt; Conditional Use Permit (CUP)STAFF REPORT
DATE :
TO :
FROM :
SU BJ ECT :
APPLICANT:
CASE NO:
DECEMBER 14, 1977
PLANNING COMMISSION
PLANNING DEPARTMENT
AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 9 TO ALLOW A
TEMPORARY TRAILER FOR USE AS AN EMPLOYEE LUNCHROOM UNTIL
A PERMANENT STRUCTURE CAN BE BU I LT.
SOUTH COAST ASPHALT
CUP - 9(A)
SECTION I. BACKGROUND
Location and Description of Property
The subject property is generally located on the south side of Haymar Drive
with Highway 78 just to the north and the Oceanside boundary adjacent to
the east. The property involved with the Conditional Use Permit is approx-
imately 52 acres in size but does not include the adjacent R-l property
also owned by the applicant.
Existina Zonina
Subject Property: M
North: R-l (Oceanside)
South: P-C
East: C-2, R-A (Oceanside)
West: R-I-10,OOO
Existing Land Use
Subject Property: Aspha It
North : Res i den
South: Vacant
East: Commerc
West: Vacant
Historv and Related Cases
Production & Rock Quarry
ial (Oceanside)
al & Vacant (Oceanside)
CUP-9: Resolution No. 138, on December 13, 1959 was approved by the Planning
Commission to allow construction of an asphalt plant, office building, shop
building, and relative operations. No conditions were placed on this approval.
CUP-9 (Revision): Resolution No. 204, on April II, 1961, the Planning Corn-
mission approved an amendment to the Conditional Use Permit allowing quarry
operations including 2 rock crushers and related equipment. Conditions were
applied to control dust, to provide potable water, and sanitary sewage dis-
posal. From staff’s observation, dust control appears to be adequate. Sewer
is by septic systems and apparent y meets the County Health Standards.
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However, water was not provided to the satisfaction of the Fire Marshall.
Water for the plant operation is from a well and surface, drinking water
is bottled. The Fire Marshall has indicated that there is not sufficient
water on the site to control fires.
Following Planning Commission approval the item was appealed to the City
Council by the neighboring property owners. The Council upheld the approval
but added several more conditions which included: No quarry operations
below creek level, a requirement to notice Tri-City Hospital before blasting,
and provide proof of liability insurance. The matter was referred back to
the Planning Commission for concurrence and then approved by Council on June
6, 1961, Resolution No. 737.
Complaints
During the last few years the City has received a number of complaints con-
cerning noise, blasting and general environment nuisances. Staff was directed
to investigate and report to the Planning Commission. Staff's report indicated
that the general nuisance could not be substantiated, but that there were zone
violations on the site. The Planning Commission forwarded their report on the
alleged environmental problems to the City Council.
The City Council on December 6, 1977 discussed the Planning Commission findings
regarding the submitted complaints of noise and late hour operations. The City
Council agreed with the Planning Commission that problems have not been verified.
Furthermore, the City Council directed the City Manager to direct the Police
Department to investigate complaints and report to the City Council if such
complaints are verified. If upon receipt of this report a nuisance is noted,
the City Council may direct reopening of the CUP to review the conditions of
operation of the plant.
The following is a discussion on the zone violation:
(1) TRAILERS. There currently are two non-conforming trailers on the site.
South Coast Asphalt is seeking a Conditional Use Permit on the trailer
located just behind the plant offices (See location map). The other
trailer was recently sold to Brown Trucking and it was moved to a site
that South Coast is leasing to Brown Trucking that is at the entrance of
the plant. As it's being used, this trailer is also illegal, but it is
not part of this CUP. Also, Brown Trucking does not have a business
license, sewer or water. Therefore, staff has requested their deleting
the office function and remove the trailer from the site. Since the
site is owned by South Coast Asphalt, a condition for this removal is
also placed on this Conditional Use Permit.
(2) SIGNS. All but one of the non-conforming signs on the property have
been removed. The remaining sign is the large identification sign near
Highway 78. The applicant has indicated that a request will be made to
the City Council to amend the M Zone to allow a freestanding sign.
will be done at the time of City Council review of the noise question.
This
Environmental ImDact Information
The request for the temporary trai ler meets the requirements of the Carlsbad
Environmental Protection Ordinance because a Negative Declaration has been
issued for the following reasons:
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I) The project will not affect vegetation or wildlife as the area
has been previously graded.
2) The trailer will be located at an existing quarry operation and
will have no significant visual impact on the area.
General Plan Information
The Land Use Element of the General Plan indicates Residential low-medium
density (RLM). The area is also designated for special treatment as it is
used for rock and mineral extraction. The General Plan states that particular
care should be utilized when considering adjoining land uses that may be in-
compatible with extraction operations.
Public Facilities
Public sewer and potable water services do not exist at the site.
the operation was in existence prior to the requirements for sewer and water.
Sewer is served by septic tank, water by well, and bottled water. The
temporary trailer will not need additional public acilities.
However,
Major Planning Considerations
WiI I approval of a temporary trailer have any detr
properties, or cause a fire or safety problem.
SECTION II: DISCUSSION
mental effects on nearby
The use of mobile units is permtted only in designated areas approved as mobile
home parking areas except that the temporary use of mobile units for commercial
offices are permitted by Conditional Use Permits provided occupancy does not
exceed one year from the approval, unless specifically extended by the commission.
The extension may only be approved if construction of the permanent building is
underway.
This application is for the temporary use of a mobile unit as an employee lunch
room. Staff finds that a lunch room is a normal part of an office complex,
therefore, it is an acceptable application.
The unit will be located on a pad that now contains the main offices and parking
lot for South Coast Asphalt Company.
driveway to the plant operation and the public street.
inside the 52 acre site away from public streets on adjacent properties.
mobile unit cannot easily be seen from Haymar Drive, Route 78, or from any
surround i ng propert i es.
This pad is direct access by private
The pad is situated
The
Approval of this Conditional Use Permit will partially eliminate the noted
zone violations on the property. The second trailer is not a part of this
request and must be removed.
SECTION Ill: RECOMMENDATION
Staff recommends approval of CUP-9(A) based on the following findings and
subject to the following conditions:
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Fi ndi ngs:
I. The requested us is essentially in harmony with the various elements and
objectives of the General Plan, and is not detrimental to existing uses
or to uses specifically permitted in the zone in which the proposed use
is to be located because:
a) The mobile unit cannot readily be seen from public areas.
b) The mobi le unit wi I I be removed as requi red by the zoning code.
2. The site for the intended use is adequate in size and shape to accommodate
the use because:
a) The subject site is 52 acres and therefore it can easily accommodate
this mobile unit.
3. All yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permanent future uses
in the neighborhood will be provided and maintained because:
a) The mobile unit is inside the property away from public streets or
surrounding properties.
4. The street system serving the proposed use is adequate to properly handle
all traffic generated by the proposed use because:
a) The approval of this CUP will have no effect on the street systems
ability to handle traffic and access to it is by private drive.
5. The subject application has complied with the requirements of the Carlsbad
Environmental Protection Ordinance of 1972 because:
a) The project will not affect the vegetation or wildlife in the area
since it has been previously graded; and the trailer is located in
an existing quarry site, and will have no s
area.
6. The subject application is consistent with appl
Policies and Ordinances because:
a) The requested use for a temporary trai ler w
on the services existing on the site.
gnificant impact in the
cable City Public Facilities
II not place added demands
Conditions:
I. Approval is granted for the land described in the application and attach-
ments thereto, and as shown on the plot plan labeled Exhibit "A", dated
November 30, 1977.
2. The mobile unit shall be removed within I year of the
request or as otherwise extended by the Planning Comm
3. The mobile unit shall not be used for any other use o
rmm for the employees.
approval date of this
ssion.
her than a lunch
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4. The mobile unit existing at the intersection of Haymar and the dri.vew.ay
(Brown Trucking) shall be removed prior to use of subject trailer as
a lunch room.
Attachments
Exhibit "A", dated December 6, 1977
Locat ion Map
BP:ar
12/6/77
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