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HomeMy WebLinkAbout1979-01-02; City Council; 5713; Zone Code Amendment-Temp Mobile UnitCZD CITY OF CARLSBAD ' Initial AGENDA BILL NO: ^T 7 / 3 _ _ ; _ Dept. Hd. DATE:January 2, 1979 ' . Ct* ' Atty DEPARTMENT: Planning Cty. Mgr. -R SUBJECT: ZONE CODE AMENDMENT - TEMPORARY MOBILE UNIT, SOUTH COAST ASPHALT PRODUCTS * Statement of the Matter Stephen M. L'Heureux, attorney for South Coast Asphalt Products has in a letter to the City Council dated December 6, 1978, requested a zone code amendment to permit the use of mobile units for certain limited purposes. The present ordinance requires a conditional use permit for temporary uses of trailers or mobile homes for commercial offices. The occupancy is not to exceed on year and extensions are permitted only if a permanent building is under construction. Staff has reviewed Mr. L'Heureux's letter and submitted comments in the attached memorandum to the City Manager. We have concluded that it is in the best interest of the City that the only changes that should be considered are those that would give additional time that a temporary mobile trailer could be used and/or give some ability for extensions. EXHIBITS Memorandum to the City Manager dated December 19, 1978 Letter dated December 6, 1978, from Stephen M. L'Heureux RECOMMENDATION If the City Council wishes to consider this request further, it is recommended that staff be directed to prepare an ordinance amendment for Planning . Commission hearing that would provide additional time for temporary mobile trailers and/or permit extensions of approved conditional use permits subject to certain criteria. If Council does not wish to amend the code as requested, action would be to deny the request. MEMORANDUM Date: December 22, 1978 To: Paul Bussey, City Manager From: James Hagaman, Planning Director Subject: Zone Code Amendment to Permit Mobile Trailers for Limited Purposes In the attached letter dated December 6, 1978, to Mayor Packard from Law Offices of Robert S. Walwick, representing South Coast Asphalt Products is a request that the Carlsbad Municipal Code be amended to permit the permanent usage of mobile trailers for certain limited purposes. The present ordinance permits the usage of mobile trailers for a commercial office use for a one year period approved by a Conditional Use Permit. Extensions of this Conditional Use Permit are only permitted if a permanent structure is under construction (See Section 21.^2.55). I assume that this request for a code amendment is prompted by the fact that the asphalt company's present Conditional Use Permit for the mobile trailer has expired as of December 1*», 1978. The City has not yet required the trailer's removal pending the City Council's action on this request. I believe that this request is a major and far reaching change to our codes for the benefit of their particular problem. By permitting permanent mobile units, the City would be opening the door for proliferation of these types of structures because they cost less than permanent structures. However, the City will lose tax benefits on improvements and promote development of substandard structures. It appears to me that the problems of high costs for a permanent lunch room could particularly be aleviated by using modular buildings. The present city codes permit modular structures to be developed in such a manner that can be later removed and sold. Modular structures meet all building codes and are placed on permanent foundations. They cost more than mobile units, but their resale is also higher. The December 6, letter also indicates that their is a problem with Section 21.M.10 which permits temporary construction building. Evidently South Coast Asphalt feels that a contractor's storage building should be permitted subsequent to need. Also, they indicate that the ordinance doesn't allow them to store records or materials. To the planning staff's knowledge, there has never been a problem in these regards. The contractor's buildings usually are placed at time of grading permit or buiIding 'permit and certainly we do not consider the storing of records or material in these construction buildings as being in conflict with the ordinance. By changing the code to allow construction trailers prior to need, it appears that we would be opening the door to construction equipment storage yards that could be in effect for a great deal of time prior to development. MEMORANDUM - Paul Bussey December 20, 1978 Page Two (2) Although I find little problem with either section of the code, it may be possible to provide some flexibility for temporary mobile units by increasing the time for such mobile unit and/or allowing the extension of the Conditional Use Permit subject to certain criteria. However, I would not suggest permitting mobile units by right or allow construction trailers prior to need. BP/ar LAW OFFICES ROBERT S. WALWICK STEPHEN M. L'HEUREUX 333 NORTH NEVADA POST OFFICE BOX 7OI AREA CODE 714 TELEPHONE 722-*2SI December 6, 1978 The Honorable Ronald C. Packard, Mayor Members of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Packard and City Council Members: On behalf of my client, South Coast Asphalt Products, I would request your consideration of an amendment to Title 21 of the Carlsbad Municipal Code so as to permit the per- manent usage of mobile trailers for certain limited purposes. The present Ordinance specifically prohibits the use of mobile trailers except upon a temporary basis, and only then if it is pending the completion of a permanent structure. However, circumstances do exist where it is appropriate to permit the permanent use of such trailers for storage and other non-public uses, subject to the issuance of a Conditional Use Permit. Due to recent rapid growth of South Coast's operation there is presently insufficient room in the existing build- ing which can be used as an employee's lunchroom or for storage of the voluminous records and files that they are required to retain. As a result South Coast has applied for and been granted an amendment to their existing Condition Use Permit so as to allow them to maintain a mobile trailer upon their premises which is being used at present as the lunchroom and for storage, pending the construction of permanent facilities. It has now be ascertained that the cost of building"a permanent structure for such limited use is prohibitive. Additionally, the space needs of the bus- iness do not now warrant major construction of additional office space. Consequently, any construction to replace the trailer would still be of a relatively temporary nature. Consequently, the continued use of the trailer for this limited purpose is the most cost effective solution to their present space requirements. In making this request, South Coast is mindful of the city's desire to prohibit an unsightly proliferation of trailers, but it is sincerely believed that there are certain The Honorable Ronald C. Packard, Mayor Members of the City Council December 6, 1978 Page Two situations and places within the community where this type of structure could serve an extremely useful purpose. It should also be noted that under the current Ordinance there is no provision or allowance for a contractor to temporarily store a construction trailer on his premises until subsequently needed by him, nor does the Ordinance allow such a trailer to be used for even the limited purpose of storing records or materials. For these reasons, it is requested that the Council review the current Ordinance and ascertain whether or not there are circumstances and situations under which it is appropriate for the issuance of a Conditional Use Permit so as to allow the use of a trailer on a permanent basis, without causing substantial detrimental effects to the community. My client submits to you that there are such situations, and would request your thoughtful and careful consideration to this request. Through the use of the Conditional Use Permit process, the concerns of your staff and the citizens of Carlsbad can be mitigated, and the use of such trailers can be rigidly controlled. On behalf of my client I thank you for your thoughtful consideration and attention to this request. Very truly yours, Stephen M. L'Heureuj SML/ekb cc: Anthony J. Skotnicki Mrs. Mary Casler Claude A. Louis Girard Anear City Manager Planning Director South Coast Asphalt Products