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Home My WebLink About1978-01-02; City Council; 5712; Expansion of Nonconforming Use Coast Waste MgmtCITY OF CARLSBAD •* -x . AGENIA ALL NO. ^rv/a Jn1!iaL. Dept. Hd. DATE: January 2. 1978 C. Atty. \• C. Mgr. DEPARTMENT: Planning ^_. :_. 'r.rnt ....__...__._, .-.-.-..- - -_-i1-r-j- -i. --. -..-••- - --..-• - -• .-.....— j' .1-- -••-- I ' ~- •"- ' SUBJECT: REQUEST FOR EMERGENCY ORDINANCE TO ALLOW EXPANSION OF A NONCONFORMING USE (COAST WASTE MANAGEMENT) Statement of the Matter The General Manager of Coast Waste Management Inc. has requested that the Council consider adopting an emergency ordinance which would allow construction of a large truck repair facility on their facility on their Ponto site. The existing use (a solid waste disposal company) is nonconforming. Current code would not allow such an expansion of a nonconforming use. The attached letter from the applicant explains the need for the truck repair facility. Construction of a repair facility has begun without the benefit of a permit. The Building Department has"ordered a halt to said construction. ATTACHMENTS 1. Letter from Coast Waste Management to Mr. Paul Bussey dated December 8, 1978 .; 2. Memo from Don Rose, Current Planner, to Mr. James Hagaman, dated December 26, 1978 RECOMMENDATION . If .the Council wishes an amendment to the nonconforming . section of the Carlsbad Municipal Code, direct staff to prepare such an amendment and set it for public hearing. If the Council does not wish to amend the nonconforming section of the Carlsbad Municipal Code, then this item should be filed. Council action: 1-2-79 Council directed staff to furnish a report to the Planning Commission and Council simultaneously as to possible ways of amending the Municipal Code to facilitate th'e request, with the inclusion of time limitations. I- ••:• PHONE: 753-9412 or 452-9810 COAST WASTE MANAGEMENT, INC. 7204 PONTO DRIVE, P.O. BOX 947, CARLSBAD, CALIFORNIA 92008 McDOUGAL SANITATION CARLSBAD DISPOSAL CO. SOLANA BEACH DISPOSAL CO. DEL MAR DISPOSAL CO. RANCHO SANTA FE DISPOSAL CO. SORRENTO VALLEY DISPOSAL CO. December 8, 1978 Mr. Paul Bussey City Manager, City of Carlsbad 1200 Elm Street Carlsbad, Calif. 92008 Dear Mr. Bussey: It is requested that an Emergency Ordinance be adopted to allow this firm to erect an all metal truck repair building, at 7204 Ponto Drive, Carlsbad. Further, it is recommended that Chapter 21.48, paragraph 010, Non Conforming Building Use, of the Carlsbad Municipal Code be reviewed and amended to allow for new additions, alterations, repair or removal of a structure on a lot already having Non Conforming Build- ing Use, when such classes of work are necessary to enhance the health and well-being of employees working under poor working conditions. The following data is provided as "essential information" relative to this request. PROJECT DESCRIPTION: Erection of a metal building to be used for the re- pair and maintenance of Refuse Trucks. SITUATION; The proposed project is an improvement to an already exist- ing faciltiy from which to conduct a refuse collection, transportation and disposal business. The total facility consists of an office build- ing, spare parts garage, welding shop and truck parking lot. During the past six years, considerable growth has occurred, yet, under former ownership and management little was accomplished to meet an increasing need for plant improvement. Presently, forty-four trucks are maintained. There is not a building of sufficient size to contain the large trucks used. Therefore, all work is performed outside with no protection from the weather and without adequate light during the hours of darkness. The hardship imposed by this situation was highlighted by last year's particularly long rainy season. Our mechanics were forced to work long hours in the rain and cold. The loss of man hours because of sickness was measurably high. Injuries were sustained as a result of slipping on the oil covered pave- ment, or the dropping of tools. A fifty percent turn-over of mechanics occured with replacement personnel hard to obtain, applicants observed working conditions. O. 11— W V ^J- W-L. JlUt; V_* JL 1 U .11-L. W tj once job-.s.eekincj iia.I^i^jii.iivS A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION DEC 12 1978 CITY OF CARLSBAD Planning Department In addition to our concern, is pressure and insistance from our in- surance carrier, and the union representing our employees, for a cover- ed facility for the mechanics to work under. APPROVAL: The approval of this project would provide for a complete and usable facility from which to maintain trucks, and would greatly contribute to the health and welfare of our employees. Additionally, the overall facility would assume a much neater appearance removing large trucks in various states of repair with parts and tools strewn about from public view. The cooperation and assistance received from the Planning Department Staff has been excellent and is appreciated. Sincerely, H. Lusiynan, General Manager COAST WASTE MANAGEMENT, INC. JHL:dd MEMORANDUM TO: James C. Hagaman, Planning Director FROM: Don L. Rose, Current Planner DATE: December 26, 1978 SUBJECT: COAST WASTE MANAGEMENT RE: ATTACHED LETTER FROM COAST WASTE MANAGEMENT, DATED DECEMBER 8, 1978 I have several "first blush" thoughts on this problem. All of them are probably somewhat at variance with the attached request. I've listed my thoughts below. This list is meant to be used as a basis for discussion with you and the City Manager. 1. The City has historically opposed commercial and industrial uses in the Ponto area. This is evidenced by Commission and Council action on GPA-19 in 1973-74 and ZC-160 in 1974. It was these City initiated actions that changed the land use designations from commercial/industrial to residential. This was done despite heavy protests from the property owners. 2. The City has since successfully opposed development in the County portions of Ponto when the development was not consistent with the current General Plan designation of residential. This information is from conversations with other staff. 3. According to a conversation I had with Mr. Agatep, Mr. Van Ort, the previous owner of the sanitation firm, was looking for property near the county shredder operation to relocate. This makes sense from a planning standpoint. Staff has related to me that the current owners also seek to relocate in the not-too-distant future. Construction of a permanent building is not consistent with this intent. 4. Waste disposal is a vital service. This company has a City contract to perform such service. Some sort of consideration may be warranted. But, this company has shown a disregard for the City's development regulations. This should also be considered when seeking a solution for this problem. 5. The attached letter explains that the working conditions are poor. The letter points out that the problem was quite evident last winter. Something should have been started toward this end then. It's now a year later and we're asked to process an emergency ordinance and a code amendment to accomodate their lack of action. 6. The "nonconforming" section of our code is poor and should be revised. Possibly a revision might favor their proposal. But, I would hope such a revision would also provide for some sort of reasonable abatement period for such cases as this. CONCLUSION Should the City decide to accommodate Coast Waste Management, it may warrant a more protracted effort than a single purpose emergency ordinance. Any ordinance or code amendment should provide for a reasonable abatement period (5 years seems appropriate) with a performance time table and strong assurance that it will be fulfilled. DLRrms