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Home My WebLink About1979-11-06; City Council; 5804-1; Request Permit for Palomar Air Services HangarCITY OF CARLSBAD AGENDA BILL NO. DATE: November 6, 1979 INITIAL Dept. Hd Cty. Atty. ('3\ '': \ u.J< / j .FJ^l •f) DEPARTMENT:Planning _Cty. Mgr. SUBJECT:REQUEST TO PROCESS BUILDING PERMIT FOR PALOMAR AIR SERVICE HANGER. STATEMENT OF THE MATTER Attached is a letter from Thomas H. Richardson, requesting that the City Council direct the Planning Department to process plans for the construction of a Hanger at Palomar Airport. The staff had rejected the plans previously because the property is zoned L-C, a holding zone. Mr. Richardson contends that the building permit process was initiated prior to annexation of Palomar Airport. Mr. Richardson is prepared to construct the building having met the San Diego County Health Department's requirements for alternative sewer system.. See staff memo dated October 15, 1979 for review of history. EXHIBITS -Staff memo dated October 15, 1979 - Letter from Mr. Richardson dated October 9, 1979 Memo dated October 24, 1978, Department of Land Use Environmental Regulations, San Diego County Certificate of Approval, State of California Coastal Commission dated November 17, 1978 .City Council Minutes dated 4/3/79; 4/17/79; 5/1/79 RECOMMENDATION If the City Council concurs with Mr. Richardson, you should direct the City Staff to accept the plans for the Palomar Air Service Hanger. If not you should uphold the Planning Department's rejection of plans for building permit pending resolution of the zoning of the airport. Council Action: 11-6-79 Council approved the request, and directed staff to accept the plans for the Palomar Air Service Hanger. MEMORANDUM DATE: October 15, 1979 TO: Wayne Dernetz, City Manager FROM: James Hagaman, Planning Director SUBJECT: BRIEF HISTORY OF PALOMAR AIR SERVICE HANGER, BUILDING REQUEST. Mr. Thomas Richardson has submitted evidence indicating that prior to annexation of Palomar Airport he had progressed to some degree in achieving building permits from San Diego County for an airplane hanger. Contact had been made with the Department of Land Use and Environmental Regulations on October 24, 1978. The County, at that time indicated that the building permit would be ministerial and the property was zoned to M-2, which would allow the construction of the hanger. They also have a development permit from the San Diego Regional Coastal Commission which was granted on November 17, 1978. However, prior to submitting to the County for the building permit the airport was annexed to the City of Carlsbad (December 29, 1978). The property was annexed to Carlsbad as L-C Zone, which is a holding zone prohibiting all development except that permitted in the E-A zone by right. It was assumed at that time that the County Department of Transportation would soon be submitting application for a conditional use permit and proper development zoning for the airport. For various reason this has not come to pass and the property is still zoned L-C. All existing uses are considered lawfully existing nonconforming and may continue to operate, however all new uses and building permits must meet the L-C zone requirements. On May 1, 1979, the applicant requested City Council to permit construction of this hanger without sewer since hangers do not require any employees. The City Council however, indicated that the use of the building could change and therefore declined to permit the construction of the building without sewer. The applicant continued in his pursuit of a building permit by getting an approval for an alternative method for sewage from the County Health Department, this was done on September 26, 1979. Upon submittal of the plans to the Planning Department for plan check it was noted that the property was zoned L-C and the plans rejected. Mr. Richardson believes that since he began development processing while the airport was still in the County, and he met all County regulations at that time that the City should acknowledge this initiation and permit him to continue the process within the City. Prior to annexation of the airport Mr. Phillip Safford, Manager of Palomar Airport by letter dated December 19, 1978, indicated that there was a project by DuBow/Kunin in the building permit process. To avoid unnecessary expense and delay Mr. Safford suggested that the project remain within the County through final inspection, but that all future applications be referred to the City of Carlsbad. In response City Manager Paul Bussey concurred and stated that the City agreed provided a valid building permit has been issued by the County prior to effective date of the airport annexation. As noted above a building permit was never issued by the County on the Palomar Air Service hanger. The problem of the L-C zoning was noted to the County early in the annexation process. It was our suggestion that the County rezone the property and provide a conditional use permit as soon as possible to avoid problems of this nature. It is staff's position that building permits not be issued at the Palomar Airport until all necessary zoning actions have been taken. JAMES HAGj Planning Director / Attachments Letters dated December 19, 1978 from Phillip Safford Letter dated January 3, 1979, from Paul Bussey JCH:BP:ar cc: Mayor Packard RICHARDSON BROS. CONTRACTORS OCEANSIDE - CARLSBAD CALIFORNIA License No. 192529 Office: 2568 State Street Post Office Box 1211 October 9 1Q7Q Carlsbad, California 920087' y(y Telephone: (714) 729-0981 City of Carlsbad Planning Dept. 1200 Elm Ave. Carlsbad, CA 92008 ATTN: Mr. Bud Plender SUBJECT: PALOMAR AIR SERVICE HANGER Dear Sir: I am representing Palomar Air Service in their construction of their new facilities at Palomar Airport. As you know, this project was started through the county Planning Dept. in 1978. They followed all the required govern- mental steps to obtain a building permit. On November 1?, 1978 they were granted a development permit by the Coastal Commission, on the enclosed memorandum from the Dept. of Land Use it showed the property to be properly zoned. All these steps were accom- plished until the subject of sewer availability came up. On May 1, 1979 they requested to the City Council an appeal to the moratorium and were turned down. Enclosed are copies of minutes of Council Meetings, Staff Reports and recom- mendations all dealing with the sewer questions. Enclosed is a copy of a letter written to the County of San Diego Dept, of Health from the Assistant City Engineer, out- lining the steps and requirements for this project to obtain approved alternate sewer system. On Sept. 26, 1979 the County Health Dept. approved the alternate method. On Oct. 1, 1979 we submitted the plans and approvals to the City of Carlsbad for plan check. At this time we were informed that it was in an L-C Zone and could not be processed. At no time during all of these lengthy steps was the applicant informed of this possibility. The applicant is requesting that the City Council direct the planning Dept. to accept these plans as an on-going pro- ject that was started in good faith in . following all requested procedures. Thomas H. Richardson RICHARDSON BROS. CONTRACTOR* .- _M I? 7- 1 \fl 5<-i ' 1 4 -MEMORANDUMr;v- 2 ~ ££Szo ^c = 2§ \< f?* . :>MEMORANDUMre u; -i> C-2 j; E > Bi 0> -< z• < > P ^ 2if> i. ijl . £ , .k , V '. 1 11 , ' >'' '/Hi**Uf , *! •" *i RECEIPT NUMBER A <~ <-» ^ ^ v> ! County of San Diego Community Services Agency Department of Land Use & Environmental Regulation ' "SO Chesspsske Drive . • 200 L Eert Main Street *••> Dietio, CA 92123 . , , ••' El Ca/on, CA S2020 .- &t>£a3G fZeftith.7-CBB8) ..'.-'679-4511 (Zenith 7-13S8) 1 837 WHJiarrtfton Street ' 1 • - Visis, CA 62083 * T 726-7320 IZenith 7-2001) ' MISCELLANEOUS Item , Cl>M Codfl fea , i i , FOR DEPARTMENTAL USE ONLY F * * f *' Rof<ijjrks: - ,,' vi , * . • I « ^ ' ' ' " •':'.'' , *- i • ..-.': f . v ' ' « . , , .:."-.•' / r II•• V CALIFORNIA CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST REGIONAL COMMISSIOS 6154 Mission Gorge Road, Suite 220 San Diego, California 92120 (714) 280-6s><>2 CERTIFICA TE OF APPRO VA This Certificate shail serve to notify all interested parties that this project has l>< m APPROVED VKSTI'l) KK.HI by the San Diego Coast Regional Commission in compliance with the California riwst.il Act of 1976. Location of Project (address): Palomar Airport, 2386 Palomar Airport Hd., Carlsbad Control Number;F7557 Date of Commission Action, November 1?, 1975 Verification! BruCe H. W»rr$h, ''Executive Director San Diego Coait Regional Commission f I tict to Contractors: This Certificate to be publicly displayed in a prominent location on the construction until construction is completed. CCuNTY OF SAN DIL_,O R J MASSMA.N D.«Tc7o, DEPARTMENT OF TRANSPORTATION '£Z ofi-.ee, oi COMMUNITY SERVICES AGENCY ' redone: «7i4j 565-517; Counly Engineer & Rood Commissioner County Surveyor County Airports December 19, 1978 Mr. Frank N. Mannen Administrative Assistant City of Carlsbad 1200 Elm Avenue Carlsbad, Calif. 92008 Dear Frank: Per your request attached is a list of businesses with leases or subleases on Palomar Airport which will require business licenses following annexation. There is a current sublease problem with Golden State Helicopters. Pending resolution license should not be issued for this business. It will be helpful to County lease management at Palomar if the city licensing section would .establish a procedure to check with the Airport Manager before issuing a business license to other than the attached list. There is presently one construction project by ELCO in progress at Palomar and one project by DuBow/Kunin in the building permit process. To avoid unnecessary expense and delay I suggest that both projects remain with County through final inspection, with all future applications to be referred to the City of Carlsbad. This was the pro- cedure followed with annexation of Gillespie Field to the City of El Cajon. Would you please confirm that this will be acceptable to the city. rn.j-i.iJ-i: ivi o^r r v^ivu , /riaiit Palomar//Air port ('if PRS:bw Attachment r 1200 ELM AVENUE M ^^ H TELEPHONE: CARLSBAD. CALIFORNIA 92003 Itfksfj^ C$ £# (714)729-1)81 Office of ths? City Manager Cttp of Cartefcafc January 3, 1979 Mr. Philip R. Safford Manager Palomar Airport 2198 Palomar Airport Road Carlsbad, California 92008 In your letter to Frank Mannen, dated December 19, 1978, you indicated that one construction project by ELCO is in progress and one project by Dubow/Kunin is in the building permit process at Palomar Airport. You suggest that upon annexation, both projects remain the responsi- bility of the County Building Inspection Department •"" through final inspection. All future applications for building permits will be processed through the City of Carlsbad. I concur in this suggestion, provided that a valid building permit has been issued by the County prior to the effective date of the Airport annexation. We will work closely with you in regard to the licensing of businesses at the Airport and appreciate your providing a list of businesses with leases or subleases. City Manager PDB:vm April 3, 1979 84 • Staff responded that professional uses would .fall under the requirements for commercial use|s and as a point of clarification that such ; restrictions would- apply only to newly-created Mots. • Council discussed the possibility of including a separate provision for professional use .requirements comparable with those of the .County and recognized that while there was no specific provision for the appeal process 'that it was available. Council introduced 'the following Ordinance: "•.'••" ' ORDINANCE NO. 7056 AMENDING TITLE - . 13 OF THE CARLSBAD MUNICIPAL CODE '" ••'•• BY THE ADDITION OF CHAPTER 13.20 '••'-••••• JO REVISE THE REGULATION OF SEPTIC :-•- . TANK SYSTEMS. '" • Council introduced the following Ordinance: • - 'ORDINANCE NO. '5056 AMENDING TITLE 6 . CHAPTER 6.02, .-SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE BY THE DELETION '• • OF SUBSECTION (H) TO REVISE THE MINIMUM LOT AREA SIZE REQUIRED FOR' THE INSTALLATION OR CONSTRUCTION OF SUB- . .SURFACE SEWAGE DISPOSAL SYSTEMS. [93], 22. AB #5804 - PALOMAR AIR SERVICE/APPEAL. OF MORATORIUM APPLICABILITY. ;The Public-Works Administrator gave a staff report referencing his Memorandum of March 29, 1979 to the City Manager. Council recognized Arnold Rashkin, represent- ing Palomar Airport Services, Post Office Box 251, Bonsai 1, CA., who addressed Council . with a history of his application to the County prior to annexation of the airport to the City Council discussed the potential of the pro- posed facility to generate additional sewer needs versus the absence of any sanitary provisions planned for the construction and recognized this was another Catch-22 situation resulting from the recent annexation. . It was moved that Council grant the applicant's request. [70] [45] It to present. was moved that this matter be continued a date when all Council members would be ^_ JJLLLLr Suppl ern_e nt_jf6_J1_ LA COSTA .CO N T R A C T N 0 . 1 0'4 5 . . 2 3 A staff report was given by Joe Eggleston, Public Works Administrative Assistant who gave a history of the project. Motion Ayes Noes Moti on .Ayes Motion Ayes Noes Motion Ayes cr OF -K.- April 17, 1979 [93] DEPARTMENTAL AND CITY MANAGER REPORTS: Planning: rg g 1 2_3 . AB #5350 - Su p pj enjent 13 - T E H TATIVE HAP " " AND CONDOMINIUM PERMIT;_J_CT 77- l'§T/V) and CP-1 JjRK.Y LINQUrfjL Council adopted the following Resolution: RESOLUTION NO. 5750 APPROVING A CONDOMINIUM PERMIT (CP-1j FOR THE CONVERSION OF A 19 '• ' UNIT APARTMENT COMPLEX TO A CONDOMINIUM AND APPROVING 'A TENTATIVE MAP (CT 77-18A) FOR SAID PROJECT ON 1.15 ACRES GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTOR. APPLICANT: G. J. LINQUITI. [771 24. 'AB #5822 -' STANDARD CONDITIONS FOR ACTIONS ".APPROVED AS PER AB 884. ' The Assistant to the Planning staff report on the matter. Director gave a In response to Councilman Skotnicki's query, the City Engineer 'indicated that a provision for soils testing condition was already in- cluded in the Municipal Code. Council adopted the following Resolution: RESOLUTION NO. 5749 ADOPTING STANDARD COFDITIONS TO BE APPLIED TO ALL APPLICA- .'•,;. TIONS FOR DEVELOPMENT THAT HAVE-BEEN APPROVED-PURSUANT TO SECTION 65956 OF '.'" THE CALIFORNIA GOVERNMENT CODE. [93] 25.' AB #5804 - PALOMAR AIR SERVICE/APPEAL OF MORATORIUM APPLICABILITY. Pursuant to motion made on April 3, 1979, matter was again continued to a date when Council members are present. this all AB #5823 - SANDWICH SHOP - KOUL BUSINESS.26_, CENTER:;:: The City Engineer reported on the matter. Harold V. McSherry, residing at 2382 Hosp Way, Carlsbad, CA., distributed a Fact/Summary sheet to Council ar.d verbalized the salient points. Council discussed the desirability of the pro- posed business. Council concurred with the City Engineer's determination that allocation of the necessary EDU's would depart from the provisions of the Municipal Code governing the same and denied the appeal. Motion Ayes Mo'tion Ayes Motion Ayes • CARLSB/%? May I, 1979''. [86]" [93] 27. A^^836_._ ^ENDM_ENT_Tg_A.LLOVJ R. V .' STORAGE IN RESIDEH- TIAL'AREA, APTLICANT JOE SANDY . A staff report was presented by the Planning Director. ' Joe Sandy, 2921 Roosevelt Street, Carl ab ad, California,' representing W. F. Strong Company in this request,' stressed the need for R. V. storage and parking and tha desirability of same in the subject area. : Council discxiasion reflected their recogni- tion of the need for recreational storage facilities, but revealed their concerns that the most desirable use for the subject area be selected in view of its immediate proximity to an historic and scenic corridor. Council denied the request of Joe Sandy for a ' zone code amendment for the siting of a mini warehouse and recreational vehicle storage in 'a residential zone.- Council Instructed staff to prepare an Ordinance amendment for submission to the Planning Commission for consideration in allowing RV storage in residential zones . under the Conditional Use Permit process. 28. AS' #5804 - PALOMAR AIR SERVICE/APPEAL . OF MORATORIUM APPLICABILITY. ., . • . . The City Manager gave a brief history of matter . Lee DuBow, 2056 Palomar Airport Road, related the history of the project indicating that the application had originally been made to the County prior to the airport '.s annexation to the City of Carlsbad and was essentially • completed at the time of annexation. Arnold Rashkin, 3068 Via Loma, Fallbrook, CA. , representing Palomar Air Service spoke in favor of the proposal and pointed out that a building pertr.it for this project would not require any sev;er capacity to be granted. Following a brief discussion, a motion was made to grant the applicant's request. The motion failed for a lack of majority. A motion was the made to consider the request on the basis of an exception to the sewer mora toriun based on previous circumstances. The motion died fpr' lack of any second. 107 Noe tion es es tion. es tion es es tion \ X X ' X 1 : X X X VA X X X \rA 7 X X /r