HomeMy WebLinkAbout1974-09-17; City Council; 3195; Parcel Split No 148-A Country Store-T S E C J O F C A JR L C A L I
Agenda Bill No.Date: September 17, 19V
Referred To:
Subject:
PARCEL SPLIT 148-A, COUNTRY STORE
(Jay Hoffman)
Submitted By:
City Engineer
Statement of the Matter
Mr Hoffman wishes to address the Council regarding Condition #3
of "."Tentative Parcel $ap 148-A; This condition relates to fire
protection requirements.
Exhibit
1. Letter dated September 5, 1974 from Jay Hoffman
2. Letter of approval of tentative parcel split dated Aug. 27, 1974
3. City Engineer memorandum dated September 12, 1974
4. Fire Chief memorandum dated September 10, 1974
staff Recommendations to the City Manager
See attached reports from the City Engineer dated 9-12-74 and
the Fire Chief dated 9-10-74.
AS Wo. __ Date.- September 17, 1974
City Manager*s Recommendation
This matter has been reviewed with the departments concerned.
It is agreed that, at this time, one fire hydrant should be
required with a Future Agreement and Bonding required for the
second hydrant. The requirement of the second hydrant would
be implemented at the time additional building permits were
taken out.
The City Council should keep in mand that the requirement
for the original hydrant has been in existence since 1968
and that Mr. Hoffman's failure to install the hydrant has
created an illegal situation since that date.
Council Action
9-17-74 It was agreed that condition #3 of Parcel Sp.lit 148-A be amended
to require the installation of two fire hydrants, the first .to.
be .completed prior to approval of the final map and the second
to be secured by a future improvement agreement to be executed
prior to approval of the final map. The agreement shall provi.de
for completion of the second hydrant upon the addition of any
permanent structure (not including a proposed nursery) to the
existing Country S.tore development.
-2-
Sept. 5, 1971*
Mr. Paul Bussey
Carlsbad City Manager
1200 Elm Ave.
Carlsbad, Calif. 92008
Mr. Bussey:
It is requested that I be granted almost an immediate
appearance before the City Council. I feel that I
have been extremely patient with what seems to be
complete ignorance by all departments involved---
That of our project-The COUNTRY STORE.
Our application for a zone change was started more
than 5 years ago, restarted June 3> 1974 and still
hasn't been culminated even though we have paid some
of the application charges twice, have had inumerable
meetings with the City Engineer and basically have
fulfilled all of the requirements but one. The Fire
Hydrant. This requirement of the fire hydrant is what
I wish to appeal to the Council.
It is even more serious now because we have a person
who wants to put in a new and different and aesthetically
appealing nursery in conjunction with the Country Store,
and the Fire Chief has penned a memo to all departments
that we should be stopped from any further expansion
until this requirement is satisfied. Our present lessees
do not need the fire plug, our insurance company says
our fire rate will not be changed one penny and yet the
Fire Chief demands a $10,000.00 expenditure in order
that we may continue to develop this area.
The original request was for ONE fire plug—Now he has
decided he wants TOO—I'm not sure if this new request
is a penalty for our not reacting fast enough or a
doubling of his estimate to cover any possible error
in his original calculation. The Fire Chief has stated
via the Assistant Chief that if we do not install a
fire plug that his deprtment will not answer a call
should we have a fire. He is not hired to make decisions
as to which fires he will or will not put out.
Mr. Paul-Bussey -2- Sept. 5»
The Pire Department is to put out all fires within the
City to the extent of the facilities available. It
would be a mighty poor investment to put $10,000.00
into a fire plug for this project at the present stage
of its development. Please remember, the Country Store
is privately owned and supposed to make a profit eventually,
Certainly the City is not blind to the fact that Iff of
every dollar sale is to the public benefit—with con-
tinued good fortune the Store will enjoy combined sales
this year in excess of one million dollars. With $1.95
per $100.00 valuation being returned to the City; every
$100.00 towards expansion means that much more in the
City coffers.
In addition The Country Store is providing a necessary
service to an ever expanding area of the city. Any
additional services benefits all of us—money for us
to expand—more tax for the City—and additional
services for the neighborhood.
If we as a city can put in parking lots for corporations
that could readily afford them, set aside $17000.00
for the preservation of an old house and put in tennis
courts for a select few, we can certainly officially
delay action on the installation of a fire plug that
presently would benefit no one with the possible ex-
ception of myself who is objecting to its installation
in the first place. When Marja Acres is expanded to
the point that the fire plug cost can be amortised over
enough of the project to make it economically feasible
then we will be happy to put in the fire plug and go one
step further--gold plate it as well....
frankly, we didn't plan for all this trouble. When
Dewey McClellan asked if Maryon and I would please bring
our poultry project into the city limits in support of
the idea of Carlsbad as a city and provide some additional
tax revenue to help finance the beginning of the city,
we gave our approval because we thought it was a great
step forward. We never dreamed that some day the city
would literally try to over power us with preemptive
requirements before the basics of a beginning business
could be accomplished.
The Pire Chief stated that we were very uneooperative--
this couldn1t be further from the truth. You people
who have known us for the 30 years we have been here
I'm certain will contradict this statement.
Mr. Paul Bussey -3-Sept. 5, 1974
The man who wants to put in the nursery says that if he
cannot be given assurance that 'he will be able to open
for business and have this assurance by not later than
Oct, 1, 1974 he will have to seek a location elsewhere.
Please grant me an immediate hearing to prevent this
from happening.
Respectfully submitted,
>ay
The COUNTRY STORE
1|901 El Camino Real
Carlsbad, Calif. 92008
JFH/rng
CC:Mayor Robert G. Prazee
Glenn Me Comas
Lewis Chase
Claude Lewis
Anthony Skotnicki
Planning Director Don Agatep
City Engineer Tim Flanagan
Public Works Director Ron Beckman
1200 ELM AVENUE • ^flTt • TELEPHONE:
CARLSBAD, CALIFORNIA 92008 WwUlf &M (714)729-1181
Citp of Carteimb
August 27, 1
Mr. Jay Hoffman
J+901 El Cam! no Real
Carlsbad, CA 92008
Subject: Proposed Parcel Split No. H8-A
(El Cami no Real )
Dear Mr. Hoffman:
The Tentative Map for the proposed parcel split is approved sub-
ject to the following conditions:
1. Install full half-street improvements along all El Camino
Real frontage. Improvements include, but are not limited to,
paving, curb and gutter, sidewalk, drainage, ornamental street
lighting. A future agreement to install these improvements at
a later date will be acceptable.
2. All future utility service to the property shall be under-
ground.
3. Install two fire hydrants (location to be determined by the
City Fire Chief) along El Camino Real to provide 3500 gallons
per minute fire flow for the existing multiple occupancy bui Idi ng,
Additional fire protection may be required as a condition of
future development and will be determined at the time that future
building permits are reviewed.
4. All required fees, deposits, agreements, and/or bonds shall
be submitted prior to Final Map approval and recordation.
5. This Tentative Map approval shall expire one (1) year from
this date if Final Map has not been recorded.
Very truly yours
Tim Flanagan
City Engineer
TCF/sln
cc: Raymond Spencer
Exhibit B
MEMORANDUM
September 12, 1974
TO: City Manager
FROM: City Engineer
SUBJECT: Proposed Parcel Split #148-A; appeal of conditions of
approval - Jay Hoffman (Marja Acres Country Store)
Mr. Jay Hoffman wishes to appeal Condition #3 of the subject tentative
map approval (see my letter dated August 27, 1974). The following
background information may be helpful in reviewing the appeal:
1. A rezone application to C-2, a precise plan and a tentative map
on the subject property was approved by City Council on March 19,
1968. Included in the conditions of tentative map approval (Resolution
#1508) was "(n) One (1) standard six-inch (6") fire hydrant shall be
located at the westerly entrance to the development." This tentative
map approval expired one year later. This resulted in an unusual
situation in that the C-2 zone applied to only a portion of a legal
lot.
2. In October 1971, an application was made for a parcel split on the
property. Conditions of approval were basically the same as the
previous tentative map conditions. Mr. Hoffman executed a future
agreement for street improvements along El Camino Real, but objected
to the requirements of the fire hydrant. The parcel map was never
recorded and the tentative map approval expired.
3. In 1972, Mr. Hoffman converted the existing egg processing facility
into a country store. No fire hydrant was provided as a part of this
remodeling of the existing structure.
4. In 1974, the City became aware of uses of the subject property which
did not conform to the conditions of the zoning and precise plan.
(Specifically, use of the property for real estate sales offices was
not in conformance.)
5. In June 1974, Mr. Hoffman applied for a conditional use permit (CUP-
98) for a retail sales nursery. This application has been tabled by
the Planning Commission until the Precise Plan #20 requirements are
met and three legal lots are created (one each for the existing residence,
the Country Store and the proposed nursery).
6. In July 1974, Mr. Hoffman applied for a 3 lot parcel split (P.S. #148-A)
Based on the existing structure (size, type of construction, etc.) the
Fire Department has determined that fire flow of 3500 gallons per minute
is required. This fire flow requires the placement of two (2) fire
hydrants.
City Manager
Sept. 12, 1974
Page 2
The nearest City water system is approximately 1000 feet away from
the property (Kelly Drive at El Camino Real). Mr. Hoffman would
have the option of extending domestic and fire flow water service
from this source now to serve the existing and ultimate development
of his property or he could provide fire flow now by utilizing the
existing high pressure CMWD 20" water line in El Camino Real for
the fire hydrants, and extend domestic service from Kelly Drive area
as additional development occurs.
Tim Flanagan
TCF/de
MEMORANDUM
TO: CITY MANAGER DATE: September 10, 1974
FROM: Fire Chief
SUBJECT: Fire Fighting Protection for the Country Store
The City has a moral and a legal obligation to provide reasonable
fire protection to-all areas of the City. We are unable to pro-
vide reasonable protection to the Country Store. This is due to
a lack of water available for fire fighting purposes. According
to the latest "Guide for Determination of Required Fire Flow"
published by the Insurance Service Office, this 16,000 square
foot, multiple occupancy, wood frame, building, requires 3500
gpm for fire protection. To deliver this volume of water would
require at least two fire hydrants in close proximity to the
building on an adequate main. The nearest hydrant is approxi-
mately 1200 feet away from the far end of the building. We only
carry enough hose on our pumper unit to lay one, 2-1/2 inch line
from the hydrant to this building. Because of the limitations
of the single line, we can only deliver approximately 350 gpm of
water to the building for fire fighting purposes. If we brought
in our second pumper unit from La Costa, and they laid an addition-
al 2-1/2 inch line, the amount would increase to 700 gpm. (However
the building would probably be totally destroyed before the second
unit could arrive.)
The I.S.O. Grading Schedule states "For deficiency in area served
by a hydrant use 1-1/2 Deficiency Scale." "For deficiency in
commercial districts, use 3 Deficiency Scale" (fire flows). In
other words you receive 1-1/2 times the scale for deficient hydrants
and 3 times the scale for lack of water. These deficiency points
directly affect the recommended insurance rate for the entire City,
not just this property. In his letter, Mr. Hoffman states he is
the only person affected. Every occupant and every employee in
that building is affected. They will all suffer a severe financial
hardship in the event of a fire. The City would suffer a loss of
revenue. "Seventy to eighty percent of all businesses that have a
major fire never recover."
As Mr. Hoffman further states, "the Store will enjoy combined sales
this year in excess of one million dollars." This is not a "penny-
ante business. "In addition, the Country Store is providing a
necessary service to an ever-expanding area of the City." We
agree wholeheartedly; we want to keep Mr. Hoffman and his tenants
in business. If this store burned it would adversely affect all
of the people using these facilities, and they would have to go
several miles further for the same services, at additional time
and expense.
/*"••*,.
Memorandum/City Manager -2-September 10, 1974
According to a local insurance broker, recognizing the increased
risk, most insurance companies will make a substantial surcharge
because of the lack of sufficient water for fire fighting purposes.
This type of occupancy is not considered as a "light hazard" and
without adequate fire fighting facilities; it has a very severe
potential.
We realized initially that it would be a financial hardship for
him to provide the two fire hydrants as needed, and we compromised
and said that we would take a calculated risk and accept one.
However, as soon as possible or before any increased development
of the shopping center, we would require additional fire hydrants
to provide sufficient water for fire fighting, depending on the
size and type of development.
Mr. Hoffman has not installed the first fire hydrant and now he
has plans for a nursery and "small individual shops with the ex-
teriors as farm outbuildings (wood>?—"The area to the west of the
Store will be a cul-de-sac around which will be individual shops
with the same theme. Presently we are in the process of negotiat-
ing for a dress shop and a carpet and drapery outlet, both of which
we feel will complement the entire project " arid add to the in-
creased hazardI '
We have consistently tried to work with Mr. Hoffman, but he is just
not familiar with requirements for minimum fire protection and how
this lack can affect him, his renters and the City. His problem is
not unique. Every developer working in an unimproved area has the
same problem. Cal OSHA regulations require that sufficient water
for fire fighting be available on the construction site at the time
combustible materials are delivered!
Mr. Hoffman attributes a statement from me via Chief Wolenchuk -
"if we do not install a fire plug that his department will not
answer a call should we have a fire." I have never made such a
statement1. According to Chief Wolenchuk, what he was told was "we
cannot provide you with adequate fire protection without the install-
ation of fire hydrants."
We have never inferred that we wouldn't respond to his property.
Nor have we ever failed to respond anywhere within the city limits
to the best of our ability for a call for aid. We have provided
fire and first-aid protection to the county area surrounded and
known as the "hole in the domat" for years.
It is our recommendation that he be required to install the original
fire hydrant immediately, and before any additional building per-
mits are issued, he make arrangements to install additional fire
hydrants as may be required to properly protect the existing build-
ings and the new buildings during construction. There are also
several serious life hazards within the building that also need
correcting immediately that he has been made aware of, but has not
done anything about.
G. W. Anear
Memorandum/City Manager -3- September 10, 1974
Reference; Guide for Determination of Required Fire Flow
Insurance Service Office June, 1974
Grading Schedule for Municipal Fire Protection
Insurance Service Office 1974