Loading...
HomeMy WebLinkAbout1980-04-01; City Council; 6209; Reqeust for expansion of non-conforming useCITY OF CARLSBAD INITIAL /s/RP AGENDA BILL NO. 6? 2^7 Dept. Hd. /s/JCH /« /VF'R DATE: April 1, 1980 __Cty. Atty. ,.. M /s/R /s/FADEPARTMENT: PLANNING __Cty. Mgr'. [______ SUBJECT: APPEAL CUP-171, REQUEST FOR EXPANSION OF NON-CONFORMING USE APPLICANT: COAST WASTE MANAGEMENT STATEMENT OF THE MATTER The request is a Conditional Use Permit to allow the expansion of a non-conforming use in the RD-M zone. The property is located on the east side of Ponto Drive, south of Palomar Airport Road in the Ponto area. The property is used as headquarters and operation site for the Coast Waste Management refuse operation. Presently there are only two small buildings on the site and most of the operation and maintenance of the vehicles is done in the open. Since the weather affects the ability to maintain these vehicles, the applicant requested a Conditional Use Permit to allow the construction of an enclosed maintenance building. This application is based on the recently adopted section of the non-conforming regulations which permits the expansion of non-conforming uses by Conditional Use Permit under certain circumstances. The applicant's request is for a maintenance building on the east property line of'the property. The adjacent property owner indicated a dissatisfaction with the location since the building wo uld reduce the amount of sunshine into her yard. The Planning Commission approved the request with a condition that the building be relocated to the north and setback ten feet from the easterly property line to meet Zone Code requirements for rear yards. The applicant was satisfied with the Planning Commission's action except for the relocation of the building. Therefore, the applicant has appealed to the City Council to delete conditon #8 of Planning Commission Resolution No. 1600. For the City Council to do this however, a Variance application would first have to be approved. (See memo dated 3/26/80). EXHIBITS Memorandum from Bud Plender dated March 26, 1980 Letter dated March 6, 1980, from Arie DeJong, President of Coast Waste Management Planning Commission Resolution No. 1600 Staff Report dated February 13, 1980 Staff Report dated January 23, 1980 Exhibit "A" dated November 28, 1979 Exhibit "B" dated January 5, 1980 RECOMMENDATION It is recommended that the City Council direct the City Attorney to prepare documents DENYING the appeal on CUP-171. Council Action: 4-1-80 Council referred the matter to the Planning Commission for processing of a Variance. MEMORANDUM DATE: March 26, 1980 TO: Frank Aleshire, City Manager FROM: Bud Plender, Planning Department SUBJECT: APPEAL CUP-171, COAST WASTE MANAGEMENT This request has a relatively complex history and Planning Commission action. Therefore, a brief history and analysis is presented for your information. Originally the Ponto area was developed as an industrial area prior to annexation. Shortly after the property was annexed the city rezoned Ponto to the RD-M zone, a residential zone in conformity with the general plan. At that time the property owners appeared satisfied with the new zone since they felt the future use of the property would be residential not industrial. The tenants of the industrial uses were generally satisfied to continue operating as existing non-conforming uses. An existing non-conforming use means that the uses could continue unless the city processed an amortization, giving each property owner sufficient time to relocate. However, the uses could not be expanded nor additional development be permitted as long as the use was non-conforming. For various reasons, such as the sewer moratorium, financial, etc., the conversion of these non-conforming uses to residential has not taken place as originally envisioned. The applicant of this appeal, Coast Waste Management, is planning to move out of the area in a few years. In the meantime, the applicant's business has been increasing and is in need of expansion. Presently the vehicle maintenance and repairing is done in the open. This is very difficult, especially when the weather is bad or for night emergencies. The applicant, therefore, wishes to construct a repair building as an expansion of a non-conforming use. The city recently modified the non-conforming provision to permit such expansion under certain circumstances. CZCA-105). The code now permits the expansion of a non-conforming use up to 25% of it's replacement value by Conditional Use Permit. In this process the Planning Commission is to establish a date which all non-conforming structures and uses on the site shall be made conforming or removed. The purpose of a Conditional Use Permit is to assure the compatibility with respect to a particular use in relation with other existing and potential uses within the general area. The applicant, in his haste to get the building finished, illegally initiated construction prior to issuance of building permits or a Condi- tional Use Permit. Staff placed a stop work order on the project but the floor and part of the supports are in place. This building is being constructed on the rear property line adjacent to a dog kennel operation to the east. The RD-M zone requires a 10' rear yard setback. Originally staff considered the proposed building an accessory building that could be constructed within the rear yard and therefore accepted the CUP application with the proposed building within this setback. However, upon further review, staff ascertained that this industrial type building in a residential zone could not be considered accessory and that to approve this expansion of a non-conforming use all setbacks must be met. Therefore, the only way to permit this building within 10' of a rear property line is by a variance. Since staff could not find reason for a variance and that we knew the impacts the building will have on the adjacent property, we did not require a variance application. Instead we recommended approval of the CUP with the building moved out of the 10' setback area. The applicant's appeal is two-fold. 1) He is requesting that the Planning Commission requirement that the building be placed on the northerly portion be deleted and 2) he is requesting that the building be within the setback. The City Council could not grant the applicant his second request. If the City Council did wish to approve such location, a variance application would first have to be approved. Therefore the matter would have to be returned to the Planning Commission for further hearing. The owner of the adjacent dog kennel protested the location of the repair building on the property line indicating that the building would block afternoon sun from her kennel area. Sun is needed to warm and dry out the area after daily cleaning. The building will be constructed at a height of 22 feet to permit the large vehicles to enter the building. The Planning Commission agreed that the building at that heiaht and location would have a detrimental effect on the adjacent property. There are various areas on the applicant's property that the repair building could be relocated. However, all alternative areas have some drawbacks due to the relatively small size of the property and the intensity of the use. Staff and the Planning Commission believe that the location on the north end of the property is an acceptable compromise for a workable plan that will allow proper functioning for Coast Waste Management and protect the neighbors. Re c ommendati on Staff recommends that this appeal be DENIED thereby requiring the relocation of the maintenance building as required by Planning Commission Resolution No. 1600 BP:ar PHONK: 75?-9412 or 452-9810 ll 't? COAST WASTE MANAGEMENT, INC. 720i PONTO DRIVE. P.O. BOX 'J47, CARLSBAD, CALIFORNIA r?20U8 McDOUGAL SANITATION DEL MAR DISPOSAL CO. . CARLSBAD DISPOSAL CO. RANCfiO SANTA FE DISPOSAL CO. SOLANA BEACH DISPOSAL CO. SORRENTO VALLEY DISPOSAL CO. March 6, 1980 Lee Rautenkranz City Clerk 1200 Elm Ave. Carlsbad, Calif. 92008 Ref: C-U-P #171, Coast Waste Management. Dear Ms. Rautenkranz:' This is to inform you of our decision to appeal to the City Council the decision made by the Planning Commission on Feb- ruary 13th regarding the location of our proposed new repair- facility. If any questions^feel free to contact me regarding this matter. i^Qjirs sincerely, COAST WAJ AD:dd , INC A SATISf-ll-.'D CUSTOMER IS OUR FIRST CCS'SIDF RATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1600 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF A NON-CONFORMING USE IN THE RD-M ZONE LOCATED ON THE EAST SIDE OF PONTO DRIVE BETWEEN LA COSTA AVENUE AND SAN DIEGO GAS & ELECTRIC POWER PLANT. APPLICANT: COAST WASTE MANAGEMENT CASE NO: CUP-171 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 13th day of February, 1980, hold a duly noticed public hearing to consider said application on property described as: That portion of the south two-thirds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to official plat thereof recorded in the Office of the County Recorder on November 4, 1948. WHEREAS, the subject property has complied with the require- ments of the City of Carlsbad's Environmental Protection Ordinance of 1972 and the State Environmental Quality Act in that the project has been processed through environmental review and a Negative Declaration, Log No. 628, has been issued for the following reasons: 1. The site has been previously developed and therefore the proposed structure will not have any adverse impacts on any significant environmental resources. **" J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. No additional landform alteration or site modifications is proposed which could result in any potentially significant environmental impacts. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons - desiring to be heard, said Commission considered all factors relating to CUP-171. NOW, THEREFORE, BE IT HEREBY resolved by the Planning Commission of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing the Commission finds the following findings and conditions to exist: Findings: 1. This project is consistent with the General Plan Land Use Element since it meets the provisions for unique and special uses. 2. This project is consistent with all applicable public facility policies and ordinances and with the public facilities element since: a. Sewer service is currently provided by the City of Carlsbad's County Water District. b. Water service is currently provided by the City of • Carlsbad. c. Gas and Electric service is provided by SDG&E. d. All necessary on-site and adjacent public improvements are existing or will be required as conditions of approval . e. The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the General Plan. 3. This use is desirable for the development of the community and is not detrimental to existing or proposed uses because ///// ////-2- fe • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. The proposed use is existing and the proposed building will enclose the repair and maintenance operations. b. The use will be removed within 5 years of approval of this Conditional Use Permit. 4. The site is adequate in size and shape to accommodate the use because: a. There will be no change in use. The proposed building will house activities already conducted on-site. b. The proposed building will be located in a currently under utilized area. 5. The use has been adequately adjusted to the surrounding areas because: a. The building will be located in an area that will not . affect any adjacent uses. b. The use will be removed within 5 years of the approval of the Conditional Use Permit. 6. The street system is adequate to service the use because the property is located adjacent to Carlsbad Boulevard, which is capable of handling the traffic from this use. 7. This project: meets all other requirements of the Carlsbad Municipal Code. Conditions: 1. Approval is granted for CUP-171 and development shall occur substantially as noted in these conditions. The applicant shall submit a revised site plan to the Planning Department incorporating these conditions prior to issuance of building permits. 2. The proposed building shall meet all the requirements established by the City Building Official and the Uniform Building Code (Section 18.04.005). 3. A building permit shall be obtained prior to commencement of any work on the proposed building (Section 18.04.025). - 4. All non-conforming uses and structures shall be removed from the site within 5 years from the date of approval of this CUP. In the event such uses and structures are not removed, the City shall institute zone enforcement proceedings to insure compliance with the existing RDM zone (Section 21.48.080(d) (3)) . ///// ///// •7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This Conditional Use Permit shall be recorded at the Office of the County Recorder within 5 days of approval of the resolution for CUP-171. The applicant shall provide evidence of this prior to issuance of building permits (Section 21.48.080(d)(3). 6. An employee parking area for 20 cars shall be provided on-site. The improvement plans for the parking area shall be submitted to and approved by the City Engineer prior to the issuance of a building permit. 7. The storage area along the west property line shall be screened by use of landscaping or wood slats in the chain link fence. Such screening shall be approved by the Planning Department prior to final occupancy of the structure. 8. The proposed building as shown on Exhibit A dated 11/28/79, shall be relocated to the north and setback 10' from the eastern property line to alocation acceptable to the Planning Director. The building shall not be located adjacent to any existing uses or structures. The applicant shall submit a revised site plan indicating said relocation which shall be subject to the approval of the Planning Director prior to the issuance of a building permit. 9. The applicant shall eliminate all drainage from the subject property onto adjacent lots. The drainage on the property shall be designed to the satisfaction of the City Engineer prior to the issuance of a building permit. 10. This approval is expressly conditioned on the payment by the applicant: of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, ar.d according to the agreement executed by the applicant, dated January 11, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of March, 1980, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST:EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION JAMES C. HAGAMAN, Planning Director CARLSBAD PLANNING COMMISSION _4_ STAFF REPORT D7\TE: February 13, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CUP-171 - COAST WASTE MANAGEMENT - Request for Conditional Use Permit to allow for the expansion of a non-conforming use in the RD-M zone. I. BACKGROUND As the Planning Commission will recall, this item was continued from the January 23, 1980 meeting to allow staff time to work with the applicant to relocate his proposed structure. As originally submitted, the site plan showed the buildings located adjacent to the east property line. The Commission indicated that a minimum setback of 10' would be required and directed staff to work with the applicant to find a more suitable location on the site which would minimize the impact on adjacent properties. Since that meeting, staff has met with the applicant at the site to determine a more appropriate location. II. ANALYSIS Three alternative sites were discussed. The first alternative was to relocate the building about 75' to the north and setback 10' from the east property line. This would place the building away from all adjacent uses and residences. The property to the east of this location is currently vacant and is not expected to develop prior to relocation of the Coast Waste facility. Staff feels that this is the most acceptable location for the proposed building because it has the least impact on adjacent properties. The applicant does not feel that this location is acceptable because there is no existing blocktop or concrete in this area. In addition, the applicant feels that this location would disrupt the on-site circxilation patterns and not be as accessible to the existing office and supply area. Staff feels that paving can be accomplished as a part of the paving of the employee parking area. Further, the location is close to an existing electrical source, and will not in staff's opinion hinder on-site circulation patterns. The second alternative, the one most acceptable to the applicant, is to relocate the proposed building 10 feet to the west of the original site to provide a 10 foot rear yard. This site is not acceptable to staff because the building 'would still have a sub- stantial impact on the neighboring property. The third alternative site is adjacent to Ponto Drive just south of the existing office structure. Staff feels this site is least desirable because of its proximity and visibility to Carlsbad Boulevard. There are no other sites acceptable to the applicant or to staff. Staff is recommending that Alternative No. 1 be accepted and placed as a condition of approval. III. RECOMMENDATION Staff recommends APPROVAL of CUP-171, based on the following findings and subject to the following conditions: Findings 1. This project is consistent with the General Plan Land Use Element since it meets the provisions for unique and special uses. 2. This project is consistent with all applicable public facility policies and ordinances and with the public facilities element since: a. Sewer service is currently provided by the City of Carlsbad's County Water District. b. Water service is currently provided by the City of Carlsbad. c. Gas and Electric service is provided by SDG&E. d. All necessary on-site and adjacent public improvements are existing or will be required as conditions of approval, e. The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the General Plan. -2- 10, 3. This use is desirable for the development of the community and is not detrimental to existing or proposed uses because: a. The use is existing and the proposed bxiilding will enclose the repair and maintenance operations. b. The use will be removed within 5 years of approval of this Conditional Use Permit. 4. The site is adequate in size and shape to accommodate the use because: a. There will be no change in use. The proposed building will house activities already con- ducted on~site. b. The proposed building will be located in a currently under utilized area. 5. The use has been adequately adjusted to the surrounding areas because: a. The building will be located in an area that will not affect any adjacent uses. b. The use will be removed within 5 years of the approval of the Conditional Use Permit. 6. The street system is adequate to service the use because the property is located adjacent to Carlsbad Boulevard, which is capable of handling the traffic from this use. '•& 1. This project meets all other requirements of the Carlsbad Municipal Code. Conditions 1. Approval is granted for CUP-171 as shown on Planning Commission Exhibit A dated 11/28/79 and Exhibit B dated 1/5/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The proposed building shall meet all the requirements established by the City Building Official and the Uniform Building Code (Section 18.04.005). 3. A building permit shall be obtained prior to commencement of any work on the proposed building (Section 18.04.025). — 3— 4. All non-conforming uses and structures shall be removed, from the site within 5 years from the date of approval of this CUP. In the event such uses and structures are not removed, the City shall institute zone enforcement proceedings to insure compliance with the existing RDM Zone (Section 21.48 . 080 (d) (3) ) . 5. This Conditional Use Permit shall be recorded at the Office of the County Recorder within 5 days of approval of the resolution for CUP-171. The applicant shall provide evidence of this prior to issuance of building permits. (Section 21.48.080 An employee parking area for 20 cars shall be provided on-site. The improvement plans for the parking area shall be submitted to and approved by the City Engineer prior to the issuance of a building permit. The storage areas along the west property line shall be screened by use of landscaping or wood slats in the chain link fence. Such screening shall be approved by the Planning Department prior to final occupancy of the structure. The proposed building shall be relocated to the north and setback 10' from the eastern property line to a location acceptable to the Planning Director. The building shall not be located adjacent to any existing uses or structures. The applicant shall submit a revised site plan indicating said relocation which shall be subject to the" approval of the Planning Director prior to the issuance of a building permit. The applicant shall eliminate all drainage from the subject property onto adjacent lots. The drainage on the property shall be designed to the satisfaction of the City Engineer prior to the issuance of a building permit. ^ Locato Map Disclosure Form Staff Report dated Jan. 23, 1980 KLtar 2/7/80 DATE: January 23, 1980 TO: Planning Commission FROM: Pla.nn5.ng Department SUBJECT: CUP-171, Coast Waste Management REQUEST: CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION 9Z b. J^JL^1!!^^11^ ^C^ BACKGROUND Location and Description of Property The subject property is located on the east si.de of Ponto Drive, south of Pa Ionia r Airport Road. The property is currently used as a headquarters and operations site for the Coast Waste Management operations. The site contains one. acre and there are two buildings on the property. The property is surrounded by a chain link fence. Construction has begun on the new building although no permits have been issued. Existing_ _Zoning_ Subject Property: RDM North: PC South: RDM East: RDM West: Open Space Existing Land Use Subject Property; Coast Waste Management North: Vacant South: Single Family Residences East: Kennel, Auto Wrecking Yard West: Highway, Carlsbad State Beach General Pl_an Information A. Land Use Element The land use element designates this property as RMII, Residential Medium High Density, 10-20 du/aore. However, the land use element also specifies that certain unique and special uses shall be allowed in any category subject to zoning controls. Since this CUP is permitted as per Section 21.48.080, it is therefore consistent with the General Plan if it meets the requirements of Section 21.42.02.0. 13, B. Public Facilities Q-^yL- iir^-i2JI: This project is being serviced by the City of Carlsbad. •Sc:hoo_ls: This is an industrial project and will have no effect on the school system. Ci_ty Water: Water service is currently provided by the City of Carlsbad. G a s and El. ec tr i c: SDG&E now supplies services to this project. Ori-site and /Adjacent Public Improvements: Any necessary public improvements will be -required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: All other public facilities necessary to serve this project will be available concurrent with need as a result of the public facilities fee. • Other Elements of the General _P_lan_: This project is consistent with other elements of t'he City ' s current general plan. Environmental Impact Information This project has been processed through environmental review and a negative declaration has been issued based on the following findings: 1. The site has been previously developed and therefore the proposed structure will not have any adverse impacts on any significant environmental resources. 2. No additional landform alteration or site modifications ' is proposed which could result in any potentially significant environmental impacts. History and Related Cases ZCA-105, Non-conforming Uses, Ordinance No. 9538. On October 2, 1979, the City Council approved ZCA-105 which allows for the expansion of non-conforming uses by Conditional Use Permit. This amendment limited the amount of expansion to 50% of existing value for those uses which provide a service to the City. This amendment also allowed for the establishment of a date of abatement. The CUP will expire 3 months after issuance. *!? ° 3L J-l:!:a Ilfl n c' S:°P s 2J^£ L1 j; 9.ns_ 1. When shall the use be abated? 2. What conditions should be applied to this expansion to adjust the use to the existing and fiature uses in the neighbourhood? Discussion Section 21.48.080 allows the expansion of a non-conforming use The expansion is limited to 50% of value since the use is one which provides a public service traditionally provided by the City, This section also requires that a date be set for amortization of the non-conforming use. The major issues associated with this project include the building setback, screening of storage areas from street right-of-way, on-site employee parking and the establishment of an amortisation date. Exhibit A shows the proposed building on the east property line adjacent to an existing kennel. Locating the building on the property line will have a detrimental affect on the neighboring kennel, by creating an adverse visual impa.ct and blocking sunlight from the property. Since the RDM zone requires a 10 foot'rear yard, and conditional uses must meet the requirements of the underlying zone, a 10 foot setback will be required.. The 10 foot setback will lessen the impact on the neighboring kennel. At this time, there is no screening of the storage areas which are visible from Carlsbad Boulevard and the State Beach. A condition willyrequire screening of the storage areas along the west property line with landscaping or wood slats in the chain link fence. There is an area designated for employee parking on-site, although the area is unpaved. The applicant will be required to pave and improve the parking area to provide parking for 20 cars. The applicant is requesting a 5 year amortization date for the use. This amount of time is adequate to allow the applicant to obtain necessary approvals and permits to purchase a new site and to relocate. The requirements for parking and screening of storage arcc^s will help to adjust this present use to the surrounding uses. According to Section 21.48.080, the non-conforming use must be removed by the date established in the CUP and the amortization date must be recorded on the deed. This will be required as conditions of approval. _ o _ R c c oirurion dojvl on Staff: recommends APPROVAL of CUP-171, based on the following findings and subject to the following conditions: 1. This project is consistent with the General Plan Land Use Element since it meets the provisions for unique and special uses. 2. This project, is consistent with all applicable Public Facility Policies and Ordinances and with the Public Facilities Element since: a. Sewer service is currently provided by the City of Carlsbad's County Water District. b. Water service is currently provided by the City of Carlsbad. c. Gas and Electric.service is provided by SDG&E. d. All necessary on-site and adjacent public improve- ments are existing or will be required as conditions of approval. e. The applicant has proposed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Payment of this fee will ensure that public facilities will be available concurrent with need as required by the General Plan. 3. This project will not have any significant adverse environ- mental impacts. A Negative Declaration, Log No. 628, was issued on December 19, 1979, for the following reasons: a. The site has been previously developed and therefore the proposed structure will not have any adverse impacts on any significant environmental resources. b. No additional landform alteration or site modification is proposed which would result in any potentially significant environmental impacts. 4.- This use is desirable for the development of the community and is not detrimental to existing or proposed uses because: a. The use is existing and the proposed building will enclose the repair and maintenance operations. b. The use will be removed within 5 years of approval of this Conditional Use Permit. 5. The site is adequate in size and shape to accommodate the use becau.se: a. There will be no change in use. The proposed building will house activities already conducted on-site. 6. The use has been adequately adjusted to the surrounding areas because: a. A 10 foot, setback will be provided between the building and the east prope?:ty line. b. The use will be removed within 5 years of the approval of the Conditional Use Permit. 7. The street system is adequate to service the use because the property is located adjacent to Carlsbad Boulevard, which is capable of handling the traffic from this use, 8. This project meets all other requirements of the Carlsbad Municipal Code. Condition s_ *""*'~~ —— • • - ^ 1. Approval is granted for CUP-171 as shown on Planning Commission Exhibit A. dated 11/28/79 & Exhibit B dated 1/5/80, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The proposed building shall meet all the requirements estbalisiied by the City Building Official and the Uniform Building Code (Section'18.04.005). %» 3) A building permit shall be obtained prior to commencement of any work on the proposed building (Section 18.04.025). 4. All non-conforming uses.and structures shall be removed from the site within 5 years from the date of approval of this CUP. In the event such uses and structures are not removed, the City shall institute zone enforcement proceedings to insure compliance with the existing RDM Zone (Section 21.48.080 (dj (3) . 5. This Conditional Use Permit shall be recorded at the Office of the County Recorder "within 5 days of approval of the resolution for CUP-171. The applicant shall provide evidence of this prior to issuance of building permits (Section 21.48.080 (d) (3). 6. An employee parking area for 20 cars shall be provided on-sit.e. The improvement plans for the parking area shall be submitted to and approved by the City Engineer prior to the issuance of a building permit. 7. The storage areas along the west property line shall bo screened by use of landscaping or wood slats in the chain link lance. 8. Tills Conditional Use Permit shall be reviewed in 90 days to insure compliance with the above condition. 9. This approval is expressly conditioned upon payment of the applicant of a public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on file with the City Cleric and incorporated by reference, acco.rd.ing to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan. Attach men ts_ Location Map Disclosure Form Exhibit A dated 11/28/79 Exhibit B dated 1/5/80 KL:ar 1/16/80 -6- LoCa//bi\ 'I/Via I CASE NO. (^ijp !:11 Date Rec'd_ Description of F.erusst: f-y r- ^.-- :. __ DCC Date; • | /,o /f'QPC Date i/.3-'3/SO. f Address or Locc.i-z.in of Re.quesr.-. Applicant: ,_^___ Engr. or Arch. Brief Legal: ~\\, „ ('} Assessor Book: .. ^ - . ,!^rr : ^^ _ ^J __ _^ General Plan Lani l-'se Descrip-iDn: Existing Zone : Acres : j , Q j School District: /Pae:Parcel: Kc. of Lots: Proposed Zone: _ ' DU/Acrc" V.'ater District: , \. ( •. V,-:<.^ fH./r'C^ P^AiLi-^rjl Sanitation Dj strict:- ..—.- -^ - «— ^ Coast Permit Area: 1C . ; • i . <]:,. ii,f '..-; i?..:>. 1, r.:rL':,.r j nf i.v M.U . " .1 hove f;i:!.-'ril' lt.\'i liar; )«:.M: '."•' .i\ , i r. ) i-'4uii.ed , ycu will '.x: :,« .1 ivireu. "~ Is deteri'.;ino:>. AWM.JCA::/: Willie (:i.!irliv.uli';i) , par t norf.iij i>, joint: von''.ii;e, corrornl'.ion, syndjcation) AGEt!']1: MEMBERS: I Ju;: i IK- ;; M Add r o f;;; Number Name // Business 7\ddrcr,E Name (indivJdC/.nl, partner , joint venture, corporation, syndication) _. - Business Address Telephone Humber Home Address 'cTI C/?*:','/^ <?-> t: Z/ Telephone: Number Name Home Address businer-r. Address Telephone Number Telephone Number • (Attach more sliccts if necessary) I/We (teclare ruidor penalty of perjury that tho information contained in this dis- closure is true and correct and that it will reinniii true and correct and may be J'.oliccl upon aw brting true and correct until amended. ^.'HOr, /1'rtner 1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, April 1, 1980 at 6:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, to consider the appeal of a Planning Commission denial of a Conditional Use Permit (CUP-171) for erection of a metal building to be used for the repair and maintenance of refuse trucks on property generally located on the east side of Ponto Drive between La Costa Avenue and San Diego Gas & Electric Power Plant. APPELLANT: COAST WASTE MANAGEMENT, INC. PUBLISH : March 22, 1980 CARLSBAD CITY COUNCIL 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. March 6, 1980 Lee Rautenkranz City Clerk 1200 Elm Ave. Carlsbad, Calif. 92008 Ref: C-U-P #171, Coast Waste Management. Dear Ms. Rautenkranz: This is to inform you of our decision to appeal to the City Council the decision made by the Planning Commission on Feb- ruary 13th regarding the location of our proposed new repair faci1ity. If any questions^eel free to contact me regarding this matter, Yje-yrs sincere. i d e n t EMENT, INC AD:dd A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION WRITE IT—DON'T SA* IT INTER DEPARTMENT A.M. TO CS^ CL>V-^X' DATE 19 P. M. On 3/5/80, Arie DeOong telephoned with regard to his appeal letter, indicating that Bud Plender had told him to write another letter to the City Clerk in the proper form and he wanted to know what Bud meant. I explained you were in receipt of his letter and unless you had tried to phone him with regard to some question, his appeal would be processed in due course and he would be advised of the date. I then talked to Bud about it, who said he had told Mr. DeOong that the appeal period did not commence until the Planning Commission formally adopted their Resolution denying his application. Therefore, processing of the appeal would have to wait until March 13. Additionally, Bud didn't think the letter was acceptable in that it indicates "intent" to appeal, rather than specifically stating that the letter was an appeal, etc. Anita REPLY ON THIS SHEET FROM W1LMER "SERVlCt" UME STANDARD INTER DEPT. MEMO FORM 11-24 —PD COAST WASTE MANAGEMENT, INC. PHONE' 753-9412 7204 PONTO DR'VE, P.O. BOX 947, CARLSBAD, CALIFORNIA 92008 or 452-9810 McDOUGAL SANITATION DEL MAR DISPOSAL CO. CARLSBAD DISPOSAL CO. RANCHO SANTA FE DISPOSAL CO. SOLANA BEACH DISPOSAL CO. SORRENTO VALLEY DISPOSAL CO. February 27, 1980 FEB 29 1980 CITY OF CARLSBAD Ralph CBud) Plender Assistant to Planning Director 1200 Elm Avenue Carlsbad, Calif. 92008 Dear Mr. Plender: This is to inform you of our intent to appeal to the City Council, the decision made by the Planning Commission on Wednesday, February 13th, regarding the C-U-P #171 from Coast Waste Management, Please contact me regarding any forms that may be necessary to be com- pleted in order toxexpedite this procedure. Yours Sincerely,/' \NAGEMENT, INC, AD/dd a~—**~- A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION