HomeMy WebLinkAbout1977-05-17; City Council; 5070; Palomar Airport Business Park Zone Code ViolationL. CITY 0. CARLSBAD^"W -• • -• • • ' .................——.... '*m&P •
Initial :.
AGENDA BILL NO. J~& 70 [ • Dept. Hd.
DATE: May 17, 1977 City AttyJ\J
DEPARTMENT: PLANNING City Mgr._
SUBJECT:
ANTHONY POOLS PALOMAR AIRPORT,BUSINESS PARK
ZONE CODE VIOLATION.
STATEMENT OF THE MATTER
REQUEST;
As explained in the attached memo to the City Manager, there
are two zone violations existing presently at the new Anthony
Pools complex at Palomar Airport Business Park. Briefly they
are, a wood fence instead of a solid masonry wall, and manufact-
uring operations in a building not totally enclosed. The agent
for Palomar Airport Business Park has requested that the Council
amend the ordinance to allow for a wooden fence and outdoor
operations. Staff does not recommend amending the solid masonry
wall requirement, since solid masonry is durable to the heavy
use of industrial areas as well as its uniform appearance.
Staff agrees with the applicant that it may be beneficial to
amend the ordinance to permit some-outdoor manufacturing operations.
We suggest that staff be directed to include this, possible modif-
ication into the zone code amendment presently, being prepared by
staff on idustrial zones as previously directed by the City Council
at the request of property owners that was made approximately a
year ago.
EXHIBITS; „,--— •""
Memorandum dated May 3, 1977. ^.
Letter dated March 17, 1977 to City Council from Richard Mallory.
Letter dated March 1, 1977 to Bernie Gilmore from Bud Plender.
RECOMMENDATION;
It is recommended that City Council direct staff to include in
ZCA-77 (amendment to the P-M zone) the allowing of manufacturing
operations outdoors under certain circumstances.
Council action
5_17_77 The Council directed staff to include inACA-77(amendment to
.the P-M zone) the allowing of manufacturing operations
outdoors under certain circumstances.
FORM PLANNING 73
MEMORANDUM - MAY 3, 1977
TO: PAUL BUSSEY, CITY MANAGER
FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR
RE: ANTHONY POOLS, PALOMAR AIRPORT BUSINESS PARK.
As we have previously discussed there are zone violations at the
new Anthony Pools operation at Palomar Airport Business Park
(presently Cabot, Cabot & Forbes). The following is a discussion
on these matters.
Wood Fence - The zone code requires that storage in the P-M zone
be enclosed by a so I id masonry waI I at least 6' in height. Anthony
Pools has a great deal of outdoor storage, however, it is enclosed
by a 10' high wood fence, which is therefore in conflict with the
zone code. The fence was constructed without a building permit.
Anthony Pools claims that since the wood fence was indicated on the
approved site plan, the City is party to approval. Staff does not
agree, since a 10' fence requires a building permit and the applicant
did not specifically request such, or was it granted. Staff requested
Anthony Pools to replace the wood fence with a solid masonry wall as
required by the zone code. Also, this waI I to be situated on the
property line where possible, and the height to be sufficient to
totally block the view of the storage yard. The applicant has
requested that the ordinance be amended to permit flexibility in
fence material. Staff recommends that the ordinance not be amended
amended, and that staff be directed to continue pursuing compliance
with the zone code.
Outdoor Manufacturing Operation - P-M Zone requires that alI man-
ufacturing operations be conducted in a total enclosed building.
Anthony Pools has two open roof structures, one of these structures
is used for curing cement products, which staff does not consider a
manufacturing process. However, the other roof structure appears to
be used for grinding and finishing of cement products which staff does
consider a manufacturing operation, and is therefore in violation
of the zone code. The applicant has requested that the zone code be
amended to provide for some f lexibi I ity in outdoor manufacturing.
Staff agrees that this matter should be reviewed since it may be
impracticle to house all of the various types of manufacturings that
are possible in manufacturing. A possible solution to this problem
is an amendment that would allow outside manufacturing by CUP if
certain findings are made such as operations that do not create noise,
dust or other nuisances.
BP:JCH:ar
'. A U R 1 C E JO
YHON O. S
iCNALD P. C
.WICKS S T
1 C H /• R O C .
O H N F. BUS
AWf< F. NCE D
OHO R. SM
1 C H A K O W .
LFIXANDEH C
Or.'ALD A. K
i'M ALLEY M
ES, JR.
TH
ARK
PH E NS 11
ALLORY
TTI
LEWIS
H
ASATCR nMCGILVRAY, JR.
ENTZMAN
ILLER
rui~ r. N E w. BE LL
DOUGLAS MARTIN
HR IAN G.PK ENTICE
M A R T 1 N L . M A N D E L
P O 13 r. R T A . K El N D A L L
LAV.'R r NCE M. BERG
L . KIRK \VAl. LACE
JAMES FT. MC CORM ICK III
M A R K SHIPLEY
G- THOMAS FLEMING HI
DE1NNIS A.STUDBLEFIELO
STEPHENS, JONES, LA FEVER & SMITH
ATTORNEYS AT 1 AW
BOO WILSHIRE BOULEVARD - Cl.tlVCNTH FLOOR
LOS ANGELES, CALIFORNIA OOO17
(213) -485-1 S S 5
NEWPORT REACH OFFICE
AVCO FINANCIAL TOWER
620 NEWPORT CENTER DRIVE - SUITE R14
NEWPORT BEACH, CALIFORNIA ^f_f..&O
(714) G4O- O 112
March 17, 1977
RAYMOND W. STEPHtNS
11883- 19591
ARTHUR L. CANTY
OF COUNSEL
ROBERT E. WILLIAMS
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: City Clerk
Re: CC&F Palomar Airport Business Park
Anthony Pools Building
Gentlemen:
Enclosed is a copy of a letter to Bernie Gilmore
of Cabot, Cabot & Forbes from Bud Plender, Acting Planning
Director of the City of Carlsbad, dated March 1, 1977. The
undersigned is counsel for CC&F Palomar Airport Business
Park (the "Partnership") and has been asked to comply with
the request by Mr. Plender that the Partnership request in a
letter to the City Council code amendments or variances as
set forth in said letter to Mr. Gilmore of March 1, 1977
(the "Plender letter").
In respect to Item 1 of the Plender letter, my
client hereby requests1that the City Council consider an
ordinance amendment permitting a community identity sign
program in comprehensively planned industrial parks in the
P-M Zone.
With regard to Paragraph 2 of the Plender letter,
you are hereby advised that the Partnership desires to amend
its CC&Rs to further refine the definition of "Building"
so as to allow for metal outbuildings such as those con-
stituted on the Anthony Parcel. Further, the Partnership
hereby advises City Council that the Partnership desires to
amend the CC&Rs to provide that no variance to any provisions
to CC&Rs shall be granted by the Approving Agent thereunder
until such time as the City has been delivered by registered
mail, return receipt requested, notice and a reasonable
City Council
March 17, 1977
Paae Two
description of the intentions and reasons in respect of a
proposed variance from the CC&Rs. Under the proposed
amendment, the City would have 10 days within which to
advise the Approving Agent that it disapproves such variance
provided that such disapproval shall be exercised in good
faith by the City. The Approving Agent shall not grant such
variance until either the 10 days have passed without comment
from the City in writing, or until the Approving Agent has
otherwise worked out an agreement with the City in respect
of the waiver or variance request.
The Partnership understands that Anthony Pools
is presently doing some light manufacturing in a metal
"coping shed" on the property at issue in the Plender letter.
Please be advised that the Partnership hereby formally requests
that the City Council initiate an amendment to the City Code
specifically permitting light manufacturing under a building
structure such as that within which the Anthony outside manu-
facturing is presently being conducted. Alternatively, the
Partnership hereby requests that Anthony Pools be issued a
"variance" to the Ciby Code permitting such outside manufacturing.
Please forward a>l appropriate application and instruction forms with
regard to both the Code Amendment procedure and the variance
procedure to the undersigned for immediate preparation and filing.
It is understood by the undersigned that the City will not request
that the manufacturing described above cease and desist so long
as the Partnership is actively attempting to amend the Ordinance
or obtain a variance with respect thereto.
The Partnership acknowledges that the fence described
in the Plender Letter does not meet the literal requirements of
concrete or masonry walls for outside storage which is presently
required by the City of Carlsbad. The Partnership finds it un-
fortunate that the 10 ft. cedar fence does not meet such code
requirements but hereby advises the City Council that it will use
its best efforts to cooperate in good faith with the City to
improve the fence in order to meet whatever standards of approval
the City deems appropriate for this particular fence. In regard
thereto, the Partnership hereby requests that the City Council
initiate variance procedures to allow the type of fence presently
existing at the property for such storage, or, in the alternative,
that an amendment to the City Code be enacted which would allow
for this fence, or a modification thereof, to which modification
the Partnership hereby commits to immediately conform.
c
City Counci1
March 17, 1977
Page Three
It is the intention of the Partnership to advise
the City Counsel that it intends to use its best good
faith efforts to bring the Anthony Pools Building and any
other improvements to the standards required by the City
Code and any amendments or variances thereto which the
City Council deems to specifically approve. Please contact
me or Bcrnie Gilmore at your convenience in regard to any of
the above matters. I await appropriate forms of application
and instructions so that I might expedite such code amendment
and variance request procedures.
Riahar
RCM:df
Encl.
cc: Mr. Bernard Gilmore
Laurence Preble, Esq,
Mr. Akio Katoh
Mr. Yuzo Hayashi
Citp of Cartebab
March 1, 1977
Berm'eGilmore
CABOT CABOT & FORBES
8136 Miramar Road
San Diego, California 92126
Dear Bernie:
At the recent meeting you and I attended with City Manager Paul
Bussey, certain development problems were discussed. Mr. Bussey
indicated that staff would be getting back with you to give and
explain the City's positions in this matter. I have discussed this
fully with Mr. Bussey and our understanding is as follows:
1) Community indentitv signs: You indicated a desire to instruct
more community indentity signs and change the message on the
presently existing illegal community indentity signs. We had in-
dicated an amendment to the specific plan to provide a sign program
in the proper process. However, upon review of the specific
plan file, we found that it was withdrawn (SP-145). Apparently, a
specific plan was not considered necessary since the City was to
be part of the CC&R's.
The problem is that neither the zone nor the sign regulations permit
a freestanding community indentity sign at Cabot, Cabot & Forbes.
Staff believes that such a sign program can be effective, and possibly
an ordinance amendment should be considered. If you are interested
in pursuing this, please address a letter to our City Council re-
questing that they consider an ordinance amendment permitting a
community indentity sign program in the comprehensively planned in-
dustrial parks in the P-M Zone.
2) Metal Building - Anthony Pools: The City will accept your
determination that accessory buildings may be metal. However, to
clarify for future requests, please amend the CC&R's to include
the definitions for "building" and "metal buildings".
These changes should be done when amendments are made to include the
City of Carlsbad as a party to the CC&R's. This should be done
soon, since the City will not issue further building permits until
the City is made part of the CC&R's.
3) Manufacturing in an unenclosed building: The P-M Zone clearly does
not permit the manufacturing operation now being conducted in the
unenclosed building at Anthony Pools. There appears to be only two
-1-
March 1, 1977
Bern i e Gil more
Page Two (2)
alternatives to continue this operation. One is to amend the code
to specifically permit it. If you wish to pursue such an amendment,
please address a letter to the City Council requesting that such
amendment be initiated. The other method is by Variance to the code.
If you wish to pursue this, please contact the planning office for
an application and instructions.
The open manufacturing is a violation, of the code and should be
stopped. The City will not request stopping at this time provided
there is an active attempt to amend the ordinance or a Variance is
requested. Therefore, please make a request by March 18, 1977, or stop all
manufacturing operations outside a totally enclosed building.
4) Fence enclosing storage: The ordinance clearly requires "a
solid concrete or masonry wall not less than 6 feet in height". The
10' high wood fence does not meet this requirement. It's unfortunate
that the City sent a letter indicating that a wood fence was acceptable.
This was an error and later correspondence by Mr. Agatep indicated
a masonry wall is required.
Again, you may wish to consider an ordinance amendment or a variance.
You will need to take action on this matter also prior to March 18,
1977.
We know you are interested in solving these problems, but there may
be some administrative problems with the change in ownership of the
industrial park. We understand, and will work with you within reason.
I put a cutoff date of March 18, 1977 for the next step as a means
to keep the solution moving, and so we all know what is expected of
us.
If you have any questions, please feel free to contact me.
Si ncerely ,
Bud Plender
ACTING PLANNING DIRECTOR
BP :ar
cc: City Manager
City Attorney
-2-