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HomeMy WebLinkAbout1979-04-03; City Council; 5804; Palomar Air Service/Appeal of MoratoriumCITY OF CARLSBAD AGENDA BILL NO. ^T0*f Jept^Hc DATE: Apr! I 3, 1979 • c. Atty. DEPARTMENT: Public Works C. Mgr._ Subject: PALOMAR AIR SERVICE/APPEAL OF MORATORIUM APPLICABILITY Statement of the Matter Palomar Air Service submitted plans for the purpose of constructing an airplane hangar. City staff returned the plans and rejected the application for a build- ing permit under the provisions of Section 18.05 of the Municipal Code. It is staff's position that the construction of the hangar could provide for a use that would increase the demand on the City's sewer capacity. The applicant does not agree with staff's interpretation and has asked to speak to the City Council'. Exhi b its 1. Applicant's letter dated March 27, 1979 2. Applicant's letter dated March 28, 1979 •3. Staff report dated March 29, 1979 Recommendation That City Council deny the appeal. Council Action: 4-3-79 No action was taken due to a lack of a majority. Staff was directed to place the matter on the agenda at such time as a full Council is present. 4-17-79 The matter was continued to the next regular meeting. 5-1-79 Council denied the appeal. SANCO ENGINEERING, IK,P.O. BOX 251, BONSALL, *LIFORNIA 92003 — 728-2807 March 27, 1979 City Council City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Permit for Paloraar Air Service lee DuBow Palomar Airport Gentlemen: This letter is a request to appear before you at your next meeting. The matter that we will be speaking on is the denial of a building permit to build an airplane storage hanger at Palomar Airport. We have been told that although this hanger does not have any rest rooms, it will increase the flow into the Carlsbad City sewer system. We feel we can show you that this is an unfair decision, that other uses allowed in the City are putting similar burdens on the sewer system and they are not being restricted. Please put this matter on your agenda for your next meeting. Very truly, Arnold Ii. Rashkin rT^-Qg lee DuBow SANCO ENGINEERING, INw.P.O. BOX 251, BONSALL, . .LIFORNIA 92003-728-2807 City Council City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 March 28, 1979 Permit for Palomar Air Service Lee DuBow Palomar Airport Gentlemen: This letter is being written to outline the use that the owner plans for a 22000 sq. ft., building, proposed for Palomar Airport. This building will be used at this time for airplane storage only and will meet all requirements for airplane storage hangers in the Uniform Building Code. There are no restrooms being proposed for this building at this time. No work other than service work as allowed under the Uniform Building Code will be performed in this hanger. At a later date, when sanitary facilities are available, the owner intends to add offices and restrooms to this building and at that time consider other uses for this building that will be allowable under the Building Code. Very truly, Lee DuBow MEMORANDUM TO: City Manager FROM: Public Works Administrator DATE: March 29, 1979 SUBJECT: PALOMAR AIR SERViCE/LEE DUBOW Messrs. Lee DuBow and Arnold Rashkin have requested to speak to the City Council. This request is based on provisions of Municipal Code Section 18.05.020(2) which provides that the City Manager's decision regarding the applicability of sewer ca- pacity requirements to building permit applications may be appealed to the City CounciI. The question at hand is whether the structures proposed to be built by Palomar Air Service will in fact contribute additional flow to the existing sewer system. It is Messr. DuBow's and Rashkin's contention that since the proposed facility is for airplane storage only, that no employee occupancy is inherent and, therefore, no additional flow will be contributed to the system. The proposed structure is a detached hangar facility in the proximity of an exist- ing use. The proposed building will, in itself, have no washroom or sewer-related facility. Any sewer use generated by this structure would be accommodated by ex- isting facilities in the present office and/or hangar area. Code Section 13.08.081(d) provides that the City Engineer shall be responsible for determining the number of equivalent dwelling units for various buildings, structures or uses in accordance with the provisions of this section. The code section goes on further to state in Subsection (c)(!2) that in the cases of all commercial, industrial and business es- tablishments not included in other descriptions, the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based on his estimate of the volume and type of westewater to be discharged into the sewer. The root of the difference of opinion between Messrs. DuBow and Rashkin and the City appears to be in what they say the present use of the facility is intended to be ver- sus what the facility can potentially be used for. Once the building permit is is- sued and the structure is built and occupied, there is no provision for the City to inspect to insure that no sewer generating occupancy occurs in the structure. If, for instance, the owners of the facility chose to hire several mechanics to perform maintenance and repair functions on airplanes in this facility, the presence of those additional personnel, as facilitated by the construction of this hangar, would constitute a source of additional flow to the sewer system and, therefore, bring the structure under the provisions of Municipal Code. Although it is true that, in many instances, businesses can intensify their activities in existing structures causing increases in sewer capacity demand which are beyond the City's control, staff feels these situations should not be aggravated by approving new structures which would intensify the problem. It is therefore recommended that the appeal of the City Manager's decision be denied. Ronald A. Beckman, P.E. Public Works Administrator RAB:VEB 1200 ELM AVENUE • zSjf7 . • TELEPHONE: CARLSBAD, CALIFORNIA 92008 »*£W aim (714)729-1181 Cttp of Cartefeafc June 29, 1979 Frances Yarbrough 3112 Lincoln Street Carlsbad, CA 92008 Re: "SEA WITCH" (Gift Shop, Surf & Skate Shop, and Delicatessen) Dear Mrs. Yarbrough: The Carlsbad City Council, at their Regular Meeting of June 19, 1979, denied your appeal from the City Engineer's determination of insufficient sewer capacity to permit approval of a business license for the above-referenced business>with a delicatessen. Pursuant to your amended Application For Business License, dated May 29, 1979, which did not include application for a deli, we have the necessary approvals and enclose herewith Business License, No. 17998 issued to the "Sea Witch" for the business of a Gift and Surf & Skate Shop. Should you have any questions with regard to this letter, or its enclosure, please do not hesitate to contact this office. TA DACK MIJRPHY, uty City Clerk