HomeMy WebLinkAbout1977-07-05; City Council; 5125; Haedrick Project Sewer Moratorium Appeal Proposed Wholesale Meat MarketC^ITY QF^ CARLSBAD
AGENDA BILL NO. >~"* -
DATE; ' JuJy 5, 1977
DEPARTMENT; Engineering
Subject: Haedrich Project, Sewer Moratorium Appeal
Proposed Wholesale Meat Market
Statement of the Matter
Mr. Bruce Keeton of Lusardi Construction Company has requested an exemption
from Ordinance 70^7 which prohibits acceptance of building permit applica-
tions. Mr. Keeton's request is based on the fact that a conditional use
permit for the project was applied for prior to the enactment of the sewer
moratorium (see Exhibit 1). In processing the CUP it was determined that
in the existing zone the proposed use was permitted and hence the project
could proceed without the CUP. The applicant was so informed.
In addition, the applicant appears to have delayed submittal of the build-
ing permit application while Coastal Commission approval was being sought.
In actuality, the building permit could have been applied for without
Coastal Commission approval, but issuance would have been withheld until
the applicant produced a Coastal Commission permit.
Staff feels that the applicant's request should be denied for the reasons
outlined in the attached staff report (see Exhibit 2).
Exhibits
1. Applicant's appeal letter
2. Staff report
3. Vic in i ty map
Staff Recommendation
That Council deny the request for exempt ion from Ordinance 7047 prohibiting
application for and issuance of building permits.
City Manager's Recommendation
Concur
Council action
7-6-77 The Council accepted staff recommendation and the request for
exemption from Ordinance #7047 was 'denied.
CONSTRUCTION CO,
Building Construction
Engineering Construction
Civil Engineering
State License No. 207287
P.O. Box 35
1570 W. Linda Vista Drive
San Marcos, California 92069
(714) 744-3133
7 June 1977
Carlsbad City Council
City of Carlsbad
1200 Elm
Carlsbad, Calif. 92008
Subject: Building Permit Moratorium - Haedrich Project
Gentlemen:
This letter is a formal appeal
torium which is prohibiting us
to the current Building Permit Mora-
from applying for a building permit.
We are appealing on the grounds that we had already begun the
necessary procedures to procure a permit. On March 17, 1977, we
applied for a conditional use permit. Subsequently, we were informed
that we didn't need a C.U.P. On March 25, 1977, we applied for
Coastal Commission Approval. As you know, a building permit cannot
be applied for until Coastal Commission Approval is attained. That
approval became effective April 25, 1977. If we had known about
the Moratorium and if you were willing to accept our building plans,
we could have submitted them prior to April 19, 1977. Prior to all
these proceedings, we had met several times with the City Planning
Department in early February to establish all the necessary procedures
There has been a great deal of time and money expended in implementing
the necessary procedures to get this project started. All these
efforts were made in good faith and with no knowledge of a possible
Building Moratorium.
We feel that these extenuating circumstances warrant special consider-
ation by the City of Carlsbad to accept the Haedrichs1 Building Permit
Appli cation.
The Haedrichs are bringing to the City of Carlsbad a very successful
and established business. Much of their success is due to their
insistence for selling a top quality product and top quality service.
This is exemplified in the design and layout of their building which
the Coastal Commission enthusiastically approved without a public
hearing. This certainly will be a beneficial asset to the City and
surrounding communities.
Please notify us as to our hearing date.
Very truly yours ,
LUSARDI CONSTRUCTION CO.
By /s
Bruce G. Keeton
Project Manager
MEMORANDUM
DATE: JUNE 14, 1977
TO: PAUL BUSSEY, CITY MANAGER
FROM: PLANNING DEPARTMENT /v
SUBJECT: LETTER FROM BRUCE KEETON,. LUSARDI CONSTRUCTION
COMPANY. RE: WHOLESALE RETAIL MEAT MARKET,
DATED: JUNE 7, 1977.
The Haedrich project Mr. Keeton refers to in his letter is
located on the east side of Paseo del Norte, generally across
the street from Hadley's Orchard (See attached map).
The site is zoned M (Industrial) with a valid Specific Plan.
The Specific Plan requires a Conditional Use Permit for
"restaurants and other retail uses limited to sales of goods
and services required for the convenience of occupants of
the subject zone." Wholesale outlets and other manufacturing
uses are permitted by right.
Initially it was not determined whether the project constituted
a wholesale or retail use. After reviewing the submitted plot
plan for the meat market, staff came to the conclusion that the
primary use to be established was a wholesale business. There-
fore, the applicant was informed he could pursue the project
without a CUP.
Mr. Keeton is incorrect in one of his statements. He states
that a building permit cannot be applied for before Coastal
Commission approval. The building department has indicated that
they do not require a Coastal Commission permit upon receipt of
a building permit application. Prior to issuance of a building
permit, however, proof of a Coastal permit is necessary.
In checking with the Coastal Commission, staff was informed
that the subject application was approved by the Commission on
April 15, 1977, but it did not become finalized (10 working-
day appeal period) until April 30, 1977. If there had been a
concern about whether the Coastal Commission would issue a permit,
by the Building Department (which there was not), the concern
would have been satisfied by the commissions vote of approval.
Staff would recommend that Mr. Keeton's request be denied based
on two facts, they are:
1. Staff did not have prior knowledge of the in-
stigation of a moratorium, and therefore acted
in good faith, with no intension of delaying
the request.
2. Mr. Keeton could have applied for building permits
well in advance of the April 19 moratorium deadline.
PALOMAR AIRPORT ROAD
P-C
301 D.U.