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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. .I 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: .2 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: .3 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 .4 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 .5