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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