Loading...
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.