Loading...
HomeMy WebLinkAbout1977-07-19; City Council; 5143; Sewer Permit Request: Palomar Airport BusinessCITY OF "RLSBAD ~ />/ ' Initial:^ I* c -) AGENDA BILL NO. JJT~> __ Dept. Hd. ^ --- "•'• "~ ~ "~ ;1~~ " "" " " "" "" "~" ' ~" f "L"J ~ DATE: _ July 19, 1977 _ City Atty \}^ Jb DEPARTMENT: PLANNING _ City Mgr. SUBJECT: SEWER PERMIT REQUEST; PALOMAR AIRPORT BUSINESS PARK (KNAUF)v ' • i n STATEMENT OF THE MATTER REQUEST Sewer Moratorium Ordinance 70j87 has an exception (#8) that allows issuance of building permits for permits on file as of April 19, 1977. Mr. Knauf contends that four existing buildings at Palomar Airport Business Park that are only partially occupied are under this exception and additional sewer hook-ups should be granted. Attached memo and letters further explain the request and staff's reason- ing for the recommendation. EXHIBITS Memo July 1, 1977 to Paul Bussey from Jim Hagaman with attachments. RECOMMENDATION It is recommended that the City Council not find this request meeting sub-paragraph 8 of the Sewer Moratorium Ordinance No. 7047, and it is further recommended that provisions for expanding uses in partially completed buildings not be made an exclusion part of the moratorium ordi nance. Council action 7-20-77 This matter was continued to the meeting of August 2, 1977. 8-2-77 The Council approved the eight (8) hook-ups for those specific spaces indicated at Palomar Airport Business Park, those and no others at this time; further, Council directed the City Attorney to modify the existing moratorium ordinance to reflect the conditions involved in this and similar cases, and that all exceptions will be brought to the Council for determination in the future. FORM PLANNING 73 MEMORANDUM DATE: JULY 1, 1977 TO: PAUL BUSSEY, CITY MANAGER FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR RE: SEWER PERMIT REQUEST, PALOMAR AIRPORT BUSINESS PARK (KNAUF) In the attached letter the attorney representing the Mitsui Company, the owner of Palomar Airport Business Park, has requested that the City Council consider the approval of sewer hookups for four existing buildings at the park. Mr. Knauf makes this request based on sub- paragraph 8 of the sewer moratorium ordinance (7047) which states: "Building permits may issue for all those projects for which applications for building permits were on file in the Carlsbad Building Department as of 5:00 P.M. on April 19, 1977." Mr. Knauf contends that these buildings were constructed prior to the moratorium date and were complete except for some additional sewer hookups. Therefore, the building permits were on file prior to the cut-off date of the moratorium. Staff recommmended denial of this request submitted by Mr. Bernie Gilmore, representing Palomar Airport Business Park. Staff contends that the building were completed and sewer hookups were issued, and are in effect for all four buildings. What the applicant wishes to do, is to subdivide the existing buildings into smaller units in- tensifying the occupation, and increasing sewer demand. To do this building permits will have to be issued for interior changes as well as for additional hookups. The sewer moratorium ordinance does not make provisions for this particular situation. Upon review staff believes that such a provision should not be placed on the sewer moratorium because there may be any number of such possible intensification. For instance, it is staffs understanding that Hughes Aircraft has buildings available for 1/3 expansion. Therefore, if sewer permits were permitted for the building Mr. Knauf is in reference to, there may be many other expansions requested that could take up a great deal of allocation, if not exceed it. The sewer allocation system as proposed by the council committee does provide for greater weight for partially completed buildings, or expanded uses. " •* Exhibits Letter to the City Council from Mr.> Knauf dated, June 10, 1977. Letter to City Manager from Bernie Gilmore, dated April 28, 1977. Reply letter to Bernie Gilmore from City Manager, dated May 19, 1977 Letter to Planning Director from Mr. Gilmore dated, June 8, 1977. .1 MEMORANDUM July 1, 1977 Page Two (2) Recommendation It is recommended that the City Council not find this request meeting sub-paragraph 8 of the Sewer Moratorium Ordinance No. 7047, and it is further recommended that provisions for expanding uses in partially completed buildings not be made an exclusion part of the moratorium ordinance. BP:ar 7/1/77 , 1 * f- RAYMOND F. FEIST NORMAN L.VETTER ROBERT C. KNAUF JOHN I. LOY SUZANNE W. KNAUF GIBSON E. PRATT RAYMOND F. FEIST, JR. CHARLES LCE CURRIER LAW OFFICES FEIST, VETTER, KNAUF AND LOY 6IO MISSION AVENUE, SUITE 3OO POST OFFICE BOX 24O OCEANSIDE, CALIFORNIA 92054 AREA CODE 714 TELEPHONE 72Z-I9I* June 10, 1977 I -o ' ~".M K3 '^<gnri^ CITY COUNCIL City of Carlsbad 1200 Elm Avenue Carlsbad, California Dear Council: 92008 This office represents MITSUI and COMPANY (USA), the successor owners of the Palomar Airport Business Park. In this connection we have reviewed the situation wherein build- ings were constructed over a year ago under a building permit but the sewer hook-up was postponed pending tenant designated interior improvements. Although sewer lines were installed in the Park and lines run from the buildings, no actual hook- up was made because the requirements of the future tenants were not known at the time. We now understand that two tenants" are now ready to occupy 18,100 square feet of space as soon as the interior of the structure is modified to suit their particular needs. A building permit for the interior is apparently within the scope of the City's urgency ordinancy relating to sewer connections. The situation, as it relates to the Park, is unique and isolated and probably not considered at the time of the adoption of the urgency measure. The prospect of an exist- ing new building which was constructed in accordance with the then existing practice of waiting on actual sewer hook-up until occupancy was -imminent remaining unoccupied does not appear desirable or warranted. Obviously, the empty space is wasted; the very favorable employment factor of business tenants will be lost and tax revenue from increased value will also be lost. Additionally, the tenants who have signed leases contingent on occupancy require very little sewer service. Beckman Instruments will be utilizing its space (10,000 sq. ft.) for clerical and accounting offices only. Eaton-Leonard (8,100 sq.. ft.) is engaged in the assembly^ of small mechanical and electronic controls. — 2 — It is respectfully requested that the urgency ordinance imposing the moratorium on building permits due to the unavail- ability of sewer service be amended to except the situation where commercial buildings were constructed under a duly issued building permit but sewer connections were postponed and the owner is now seeking a building permit for modification for tenant occupancy. I have been examining sub-paragraph 8 of the moratorium ordinance to determine if the Business Park situation fits under the exception of an application on file treating the original building application and subsequent construction of the shell without a sewer connection as a continuing applica- tion. An administrative determination may be possible and an amendment to the ordinance not necessary. Obviously time is a factor in this matter in order to hold the tenants. An estimated two months for interior tenant improvements will be required after permits are obtained and a sewer connection authorized. Your most favorable consideration of this letter will be appreciated. Yours truly, !£ElST, VETTER-^NAUF AND LOY ^.^ Robert C. Knauf Qt.u -, /THE HEWSON COMPANY Palomar Airport Business Park April 28, 1977 Mr. Paul D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 and Mr. James Hagaman City Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Palomar Airport Business Park City Sewer Tap Moratorium Gentlemen: Recently we have observed in the local press certain references to a "sewer moratorium" on "new sewer taps" in the City of Carlsbad. Naturally, we have an immediate concern for some elaboration on the effect and extent of this moratorium.•\ . ' - As you are aware, Palomar Airport Business Park has invested approximately $10,600, 000 in the 330 acre project located adjacent to the southwest of the intersection of Palomar Airport Road and El Camino Real in Carlsbad, primarily in respect of the development of 27 potential industrial sites and and the creation of Yarrow Drive, Corte de la Pina and Camino Vida Roble. When Yarrow Drive, Corte de la Pina and Camino Vida Roble were built, underground sewage systems were installed and sewer taps were provided for each adjacent lot within the first phase tract for the project. ,. "* We are presently in final stages of preparing plans and specifications for sub- mittal to the Planning Director for issuance of building permits for four buildings, two build-to-suit buildings for immediate users and two speculative buildings 6231 YARROW DRIVE. SUITE C. CARLSBAD. CALIFORNIA 92008 TELEPHONE (714) 438-2552 C Mr. Paul D. Bussey Mr. James Hagaman April 28, 1977 Page Two. for future marketing. We expect to have the plans submitted by the end of the month of May, 1977. We are therefore interested in receiving a response as to whether or not the building permit submittals will be affected by the recent City Council action relative to "sewer taps". Substantial future investment is in the planning stages and it is of the highest priority of Palomar Airport Business Park to work closely with the City so that we have a full interchange of information to compliment such a long-range plan- ning process. Therefore, we would be most appreciative if one or both of you could contact the undersigned at your earliest convenience so that we might discuss the ramifications of the recent City Council action. Very truly yours, PALOMAR AIRPORT BUSINESS PARK By: THE HEWSON COMPANY Bernard W. Gilmore Its Vice President BWG/cb 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 Office of the City Manager May 19, 1977 TELEPHONE: (714)729-118) City of Carltf&ab Mr. Bernard W. Gilmore The Hewson Company Palomar Airport Business Park 6231 Yarrow Drive, Suite C Carlsbad, California 92008 Within the last several days the sewer problem concerning the spec building at 6211 Yarrow Drive, which is being leased to Riley Aircraft, has come to my attention. As you know, the City has adopted a building moratorium ordinance because of the „ unavailability of sewer capacity. The moratorium provides that no new building permits may be issued for which a sewer connection permit is required. I have made the decision that since the building in question was never issued a sewer connection, it is entitled to one connection permit. This information has been transmitted verbally to the contractor for the job by'Mr. Osburn, the City's Building Director. It is my understanding that vacancies still exist in other spec buildings in the industrial park but that each of these has at least one tenant. As presently adopted, the moratorium does apply now to all buildings in the park and additional building permits cannot be issued. I am aware that this creates hardships as it has throughout the City but the simple matter is, we are out of sewer capacity. The Council has instructed the staff to work on a sewer allocation system and a growth management system which will, hopefully, provide for the equitable distribution of future sewer capacity. It is too early, however, to comment on how this plan might affect the industrial park or when capacity might be acquired. can answer any other questions concerning this matter, please feel \fi\ee ftib, contact me. PAUL City Manager PDB:ldg cc: Richard C Vincent F Mai lory Biondo, Jr., City Attorney Palomar Airport Business Park June 8, 1977 Mr. James Hagaman City Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Hagaman: During our recent meeting you and Mr. Plender were appraised of our concern that our completed buildings would be denied the necessary sewer taps to complete our leasing program. At the present time, there are several leases out for review and signature. When the signed leases are returned, we will formally apply for tenant improvement building permits and sewer taps. I have listed the tentative tenants below and a very brief description of the work to be performed with the approximate number of sewer connections needed. I would appreciate any help you can give to expedite the approval of the needed sewer taps to lease these completed buildings. 1) Thermosol - 8,100 sq. ft. Assemble small mechanical steam generators Employees - 30 Sewer taps (4) (2) Beckman Instruments - 10, 000 sq. ft. T Office work, payroll, accounting Employees - 40 ^ Sewer Taps -4 J'JN 91977 - (3) Eaton-Leonard - 8,100 sq. ft. * JC1TY OF CARLSBAD Assembly of small mechanical and electronic cdiitroliSn3 L;pi;trr..h for pipe machinery Employees - 15 Sewer Taps - 2 6231 YARROW DRIVE, SUITE C, CARLSBAD, CALIFORNIA 92008 TELEPHONE (714)438-2552 Mr. James Hagaman contd. Page 2 June 8, 1977 (4) Climatron - 5, 952 sq. ft. Assemble electronic climate control units Employees -25 n Sewer Taps - 3 Thank you for your time and assistance in this important matter. I look forward to working with you and your staff toward a mutual objective - The Success of Carlsbad. BWG/cb cc: Bud Plender Very truly yours, PALOMAR AIRPORT BUSINESS PARK By The Hewson Company Its Managing Agent Bernard W. Gilmore Vice President