HomeMy WebLinkAbout1981-05-05; City Council; 6587; Hawthorne: appeal of Planning CommissionAGENDA BILL
INITIAL; EH:LS
AGMDA BILL NO: fr £"?/ DEPT. BD.
DATE: _ MAY 5, 1981 _ CTY. ATTY. /
DEPARTMENT: PLANNING CTY. MGR
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SUBJECT: CUP-195 - HAWTHORNE: APPEAL OP A PLANNING COMMISSION
DECISION TO DENY A CONDITIONAL USE PERMIT
STATEMENT OP THE MATTER:
This item is an appeal of the Planning Commission's decision to deny a condi-
tional vise permit to allow for the rental and servicing of construction equip-
ment on property generally located on the east side of Paseo del Norte between
Palomar Airport Road and Camino del Parque in the M Zone. The Planning Commis-
sion felt the use of the site as a construction equipment yard was not compat-
ible with surrounding land uses. In particular, the Commission felt such a use
would not be desireable at this particular site because it is located across the
street from the recently approved California '6' Motel and adjacent to the Tip
Top Meat Market and Deli. The Planning Commission acknowledged that the M Zone
does allow construction yard uses, however, felt that the M Zone was not an ap-
propriate zone for this site. In light of their concern, the Commission then
directed staff to prepare a General Plan Amendment to change this site from in-
dustrial to a more compatible land use designation.
The site is also under a Specific Plan which regulates the operational aspects
of uses in this area with respect to noise, odors, etc., and staff believes this
type of use may not meet these standards.
Several people spoke in opposition to the project including representatives from
the Alta Mir a, California '6' Motel and Arco Equipment Company. The Planning
Commission minutes are attached for your review.
FISCAL IMPACTS
If the Council upholds the appeal, the applicant will be required to provide
public improvements and to pay a public facilities fee prior to development
which should offset the cost to provide public services for the project.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any signi-
ficant environmental impacts and, therefore, has issued a Negative Declaration,
dated February 14, 1981 which was approved by the Planning Commission on Febru-
ary 25, 1981. A copy of the environmental documents is on file in the Planning
Department.
RECOMMENDATION
It is recommended that the City Council uphold the Planning Commission's deci-
sion to DENY CUP-195 pursuant to Resolution No. 1773 and direct the City Attor-
ney to prepare the necessary documents DENYING CUP-195.
ATTACHMENTS
1. Resolution No. 1773
2. Staff Report with attachments
AGENDA. BILL NO. 6587
May 5, 1981
Page 2
COUNCIL ACTION:
5-5-81 Council upheld the Planning Commission's decision to deny CUP-195 and
directed the City Attorney to prepare the necessary documents denying the
appeal.
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PLANNING COMMISSION RESOLUTION NO. 1773
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDI-
TIONAL USE PERMIT TO ALLOW FOR THE RENTAL AND
SERVICING OF CONSTRUCTION EQUIPMENT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL
NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAMINO
DEL PARQUE.
APPLICANT: HAWTHORNE
CASE NO: CUP-195
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 25th day of February, 1981,
hold a duly noticed public hearing to consider said application
on property described as:
Parcels A and B of Map 4279, being a division of Map
1477 being a portion of Lot H of Map 823 filed November
6, 1980.
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-195.
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 DENIES CUP-195, based on the following
findings.
Findings
1. That the proposed use is incompatible and could be
detrimental to surrounding existing and future land uses
and zoning for the reasons stated in the staff report.
APN #211-040-20
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CARLSBAQ PLANNING COMMISSION
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ATTEST:
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of February 1981, by the following vote, to wit:
AYES: MARCUS, LARSON, LEEDS, JOSE, FRIESTEDT, L'HEUREUX
NOES: NONE
ABSENT: ROMBOTIS
ABSTAIN: NONE
MARY MABCUS, Chairman
C. HAGAMANVSecretary
RLSBAD PLANNING .COMMISSION
P
PC RESO #1773 -2-
STAFF REPORT ;'A
DATE: February 25, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: CUP-195 - HAWTHORNE - Request for a conditional
use permit to allow for the rental and servicing
of construction equipment on property generally
located on the east side of Paseo Del Norte bet-
ween Palomar Airport Road and Camino Del Parque in
the M Zone.
I. PROJECT DESCRIPTION
The proposed project involves the development of a 1.6 acre
parcel of land to be utilized as a storage and servicing yard
for a construction equipment rental business. As shown on
Exhibit "A", a 4200 square foot brick building would be
erected in the northwest corner of the lot. This building
would be used for offices as well as indoor construction
equipment storage and repair. The remainder of the lot
would be surfaced for outdoor equipment storage, to be
enclosed and screened from the outside by a six-foot high
masonry wall.
Although the property is zoned M, it is also under the
jurisdiction of Specific Plan 23(A) which lists several
criteria with which all potential uses in the zone shall
comply. These criteria are essentially the same as the P-M
zoning standards. Surrounding property is similarly zoned M
in all directions except the property to the east which is
zoned P-M.
II. ANALYSIS
Planning Issues
1. Is the proposed project consistant with the intent
of Specific Plan 23(A)?
2. Does the project meet the required findings for a
condidional use permit?
III. DISCUSSION
Although the proposed use, storage and servicing of con-
struction equipment would be an appropriate use in an M
zone, the City Council adopted Specific Plan 23(A) to
establish more stringent control over development within the
subject M zone. This specific plan states, in part, that
all potential uses must comply with the following condi-
tions:
a. No noise beyond the boundaries of the site of sound
level in excess of forty-five decibels, measured by an
instrument conforming to the American Standard for
Sound Level Meters, A 24.3, and response curve "A";
b. No vibration, heat, glare, or electrical disturbance
beyond the boundaries of the site;
c. No air pollution or odor detectable by the human senses
without the aid of instruments, beyond the boundaries
of the site;
d. No emmissions which endanger human health, can cause
damage to animals, vegetation or property, or which can
cause soiling at any point beyond the boundaries of the
site;
With regard to these conditions, staff had some concern with
the possibility of excessive noise created by a business
that services large construction equipment but felt it
would be hard to prove that this was an overriding problem
with the project at this time. The applicant appears to
have taken measures to insure compliance with the remainder
of the conditions of the specific plan including a masonry
wall to enclose and screen the outdoor storage.
Before a conditional use permit may be approved, it must be
found that the requested use is necessary or desirable for
the development of the community, is essentially in harmony
with the various elements and objectives of the general
plan, and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed use
is to be located. Staff felt that this use could be detri-
mental to existing and future uses in the fact that the lot
immediately to the north of the subject property (with which
they share a driveway) is a meat processing and delicatessen
business. An amendment to the Conditional Use Permit for
this adjoining business was recetly approved which allowed
an increase in the public retail and eating area. Also,
across the street, the "California 6 Motel" will be erected
in the near future. Staff feels that a large equipment
repair and storage operation would not be compatible with
these surrounding land uses. Although the area surrounding
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the subject property is designated for industrial use, several
uses have been approved in this area which are more public/
commercial oriented (i.e., delicatessen with outside eating
area, Hadleys, California 6 Motel). It appears that this is
the trend for this area and, therefore, staff is concerned
about the compatibility of the proposed use at this location.
If all, or most, of the existing surrounding uses in the area
were in fact industrial uses, staff would not have the same
concern.
Although the site is adequate in size and shape to accommodate
the use, and the applicant has indicated to staff that only
servicing will be done on the construction equipment and not
repair, staff still feels that the proposed use does not
meet all the required findings for a conditional use permit
especially compatibility with surrounding uses and, therefore,
cannot recommend approval of this project.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will
not have a significant impact on the environment and there-
fore has issued a negative declaration on February 14, 1981.
V. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
No. 1773 DENYING CUP-195, based on the findings contained
therein.
ATTACHMENTS
Planning Commission Resolution No. 1773
Background Data Sheet
Location Map
Environmental Documents
Disclosure Form
Exhibit A
PK:ar
2/19/81
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BACKGROUND DATA SHEET
CASE NO; CUP-195
APPLICANT: HAWTHORNE, DOROTHY
REQUEST AND LOCATION: Allow rental and servicing of construction equipment on
property generally located on the east siae or paseo Del Norte between Paiomar
Airport Road and Camino Del Parque.
LEGAL DESCRIPTION: Parcels A and B of Map 4279, being a division of Map 1477
being a portion of Lot H of Map 823 filed November 6, 1980.
Assessors Parcel Number: 211 - 040 - 20
Acres 1-6 No. of Lots
GENERAL PLAN AND ZONING
General Plan Land Use Designation P I
Density Allowed N/A Density Proposed N/A
Existing Zone M Proposed Zone
Surrounding Zoning and Land Use:
Zoning Land Use
North M MMf Mqrkcyh _
South M Vacant
East PM Vacant
West M Vacant - Hadleys
PUBLIC FACILITIES
School District Carlsbad
Water District Carlsbad
Sewer District Carlsbad EDU's
Public Facilities Fee Agreement, dated December 3, 1981
(Other:
ENVIROMMENTAL IMPACT ASSESSMENT
x Negative Declaration, issued February 14, 1981 Log No. 792
E.I.R. Certified, dated
Other,
AO \SC4if
co. jo<38 CA
7337
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
TELEPHONE:
(714)729-1181
Citp of Cartefcafc
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE:
The Planning Department of the City of Carlsbad intends to prepare a
X Negative Declaration, Conditional Negative Declaration,
Environmental Impact Report for the following project:
Project Description: Conditional Use Permit to allow rental and servicing'
of construction equipment. The project involves minimal grading on a
site that is presently vacant.
Project addres"/Location: One acre parcel on east side of Paseo Del
Norte, 750 feet south of Palomar Airport Road '
Anticipated significant impacts: None ' ' ' :
We need to knoitf your ideas about the effect this project might have on
the environment and your suggestions for ways the project could be re-
vised to reduce or avoid any significant environmental damage. Your
ideas will help us decide what issues to analyze in the environmental
review of this project.
Your comments on the environmental impact of the proposed project may
be submitted in writing to the Planning Department, 1200 Elm Avenue,
Carlsbad, CA 92008, no later than February^J.4, 1981,- j- ^
DATED: January 21, 1981 ^/^.-v_.,,.. • / f
E N0: CUP-195/ EIA -792
APPLICANT: Hawthorn . . ..
PUBLISH DATE:
JAMES C. HAGAM/VN S/
Planning Directo/X
City of CarlsbaT
ND 3
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the information yTO have submitted has boon reviewed, it is determined
t further information is required, you will bo so advised.
APPLICANT:
AGENT:
MEMBERS:
HAWTHORNE RENT-IT SERVICE
Name (individual, partnership, joint venture, corporation, syndication)
4200 Kearny Mesa Road, San Diego, CA 92111 ^
Business Address • •
277-2260 • • ' '
Telephone Dumber
Rick Engineering
Name
3088 Pio Pico Dr. Suite 202 Carlsbad, CA 92008
'Business Address
729-4987 . ' '
Telephone Number
J.T. Hawthorne. President
Name (individual, partner, joint
venture, corporation, syndication)
1230 Idaho St.. Escondido, CA ' 92025
.Home Address
4200 Kearny Mesa Road, San Diego, CA 92111
Business Address
277-2260 "745-0288
Telephone Number
. . .Richard E,..See. ..Vice President.
Name
Telephone Humber
5461 Honors Drive, San Diego, CA
Home Address
4200 Kearny Mesa Road, San Diego, CA 9211J
Business Address
277-2260 453-2456
Telephone Number Telephone Number
P.I. Nerhood. Secretary 5230 Harbour Heights Court
'• -• ;.. . ' 274-
San Diego, CA 92109 2971'
•• . ' . .• (Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
HAWTHORNE RENT-IT SERVICE
Applicant
'' "Jujcnt, Owner, Partner
Jl
Page 4
February 25, 1981 COmiSSIOPIERS•
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A motion was made to adopt the following Resolution, approving
ZC-215 for the P-M-Q Zone, rather than the requested M Zone
based on the findings contained therein, and that the
Resolution be amended to so indicate same:
RESOLUTION NO. 1777, APPROVING A PREANNEXATIONAL ZONE CHANGE
FROM COUNTY OF SAN DIEGO E-I-A TO CITY OF CARTSBAD P-M-Q -
(PLANNED INDUSTRIAL) ON PROPERTY GENERALLY LOCATED ON THE
SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF LAUREL TREE ROAD.
4. CUP- 195, -HAWTHORNE. Request for- a conditional use permit
to allow for the rental and servicing of construction
equipment on property generally located on the east side
of Paseo del Norte between Palomar Airport Road and
• Camino del Parque in the M- Zone. ;
The staff report was presented by Bill Hofman, essentially as
contained in the Statement of the Matter, with the aid of
wall exhibits. Mr. Hofman indicated that the Planning
Department had received two letters of opposition to the
project from Mr. Ron Whitney, and Mr. Otto J. Rose; copies of
which were handed out to the Commission.
Chairman Marcus opened- the public hearing at 7:47 P.M., and
extended the invitation to speak.
The Commission recognized Mr. Bob Ladwig of Rick Engineering,
Carlsbad, representing the applicant. Mr. Ladwig pointed out
that this is M zoned property, and the specific plan only
covers specific requirements as far as emissions from the
site. He also pointed out that Mr. Hawthorne owns the Tip
• Top Meat land and building, therefore, as far as being
concerned about objectionable uses with the neighboring
properties, the neighboring property is owned by the same
applicant. . '. .. ' • •
Mr. Ladwig distributed pictures of an operation that is
currently in existence In Escondido, -and also copies of
assessor's parcels to show the adjacent zonings; to the
Commission. He explained that unlike other rental businesses.
Hawthorne will only be open, five days a week, with normal
operating hours, and all the activities are within the
enclosed yard or building. Further, their operation -consists
of renting equipment, and providing preventative maintenance
on same. Mr. Ladwig added that there will not be noise or
emissions coming from the site.
The Commission then recognized Mr. Andrew KcSeynolds,
2316 Calle Chiquita, La Jolla, who is a neighboring property
owner. Mr. McReynolds stated he was not speaking either in
favor or opposition of the project. With the aid of a wall
exhibit, Mr. McReynolds gave soma background on some of the
properties in the area, and some ideas for potential new
development.
The Coamissiop. recognized, Ms. Joel Lee McKibben, 6571A Paseo
Del Norte, Carlsbad. Ms.- McKibben inquired if a study was
done on truck traffic, and if not, if the City was considering
having one dor.e. Staff responded they have not, however.
traffic was always taken into Consideration. Ms. McKibben
explained her concern was additional truck traffic qn Paseo
Del Horte.
Mr. Bob Ladwig of Rick Engineering explained that one of the
primary reasons Hawthorne is interested in this location is
-;- -its'close proxi-iity and access to Interstate 5.
Marcus
Larson
L'Heureux .
Fries tedt
.Jose
Leeds
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Page 5
February 25, 1981 COMMISSIONERS
The Commission recognized Mr. Tom Richardson, representing
Dixon Ford. He explained his office is within 100 feet of
Hawthorne's .Yard, and he is in his office every day by 6:30
to 6:45 A.M., and does not fee), there is any objectionable
noise. He added that it would benefit the City to allow
Hawthorne to locate on Paseo Del Norte, as it would help the
downtown traffic problem.
The Commission then recognized Mr. Richard Mantle, 6737
Russelia Court, Carlsbad; representing over 300 property
owners of Alta Mira. Mr. Mantle indicated that the property
owners have signed a petition, opposing, the construction of
Hawthorne Equipment on Paseo Del Norte.
Mr. Mantle stated he is also representing Otto J. Rose,
owner of Arco Equipment Co.; the Cal-Mil Plastic Products Co;
John Callahan; and Paul and Peggy Hadley, owners of lots 1, 2,
3, and 4;.and also 'Mr. Ron Whitney of Motel 6; all of whom are
in opposition to the construction'of Hawthorne Equipment.
Mr. Mantle addressed the traffic problem, as it currently
exists, and stated that Hawthorne would only add to the
problem with their equipment. In conclusion, Mr. Mantle
stated he was in agreement with the 'staff report.
Since no one else, wished to speak on the matter. Chairman
Marcus closed the public hearing at 8:17 P.M.
Commissioner Jose indicated that he feels this type of a
facility would not be of an esthetic value to the area. He
addressed the hours of operation, and the potential .that the
equipment will be checked out prior to 'dispatch for
construction sites. Further, he suggested that this type of
facility would be better suited in an area such as the Palomar
Airport Industrial area. _
In response to Commission inquiry as to the ability of the
area to handle its present traffic, Richard Allen responded
that it is a secondary arterial, and is capable of handling
a significant amount of traffic.
Commissioner L'Heureux expressed concern also as to the
esthetic value the facility would have to the area, along
with the compatibility of the project to the particular area.
Following Commission discussion, a "motion was made to adopt
the following Resolution, denying CUP-195, based on the
findings contained therein:
RESOLUTION NO. 1773, DENYING A CONDITIONAL USE PERMIT TO
ALLOW FOR THE "RENTAL AND SERVICING OF CONSTRUCTION EQUIPMENT
ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL
NORTE BETWEEN PALOMAR AIRPORT ROAD AND CAMINO DEL PARO.UE.
RECESS
Chairman Marcus called a recess at 8:30 P.M., and the
Commission reconvened at 8:43 P.M., with six members present.
Following Commission discussion'on the decision to re-zone
on Paseo Del Norte, a motion was made to direct Staff to bring
back a Gdneral Plan Amendment for the June zone code.
The motion wa<; then withdrawn.
The Planning Director indicated they, will come back to the
Commission with a report, and at that time moke the
determination ac to what deadlines can be met.
Marcus
Larson
L'Heureux
Friestedt
Jose
Leeds
Purchase of Parcels A and B by HAWTHORNE
Intended use is for construction of a new facility on Parcel 8 for relocating existing
equipment rental operation from 2520 State Street.
HAWTHORNE proceeded with acquisition of property based on:
(A) Previous approvals to relocate to 6127 Paseo dal Morte (HADLEY'S Parcel 6)
April, 1978 -~ June, 1978:^
Planning Dept.: advised compliance with Ord. 9308 (CUP not required),
issued Declaration of Non-Significant Impact,
Engineering Dept.: approved site development plan by Rick Engineering,
City Council: approved allocation of 2 EDU's for proposed facility.
Note: Approval of San Diego Coast Regional Commission was appealed by the
Sierra Club;
Approval of California Coastal Commission was contingent on a revised
site development plan which negated our possible use of property
due to reduction of useable area.
(B) No negative response to relocate to 6118 Paseo del Norte (Parcel B)
September, 1980 — November, 1980:
Hawthorne's letter of 9/22/80 to Planning Director advised of intent once
more to relocate to this area and requested assurance prior to pending
escrow (this request was submitted in writing per advice given B. Ewing,
consultant, by a Planner).
After no response, Planner W. Hoffman was called 9/29/80, who after conferring
with the Planning Director advised R. See: that their concern v/as for traffic
entering and leaving the adjacent residential area over Paseo del Morte and
that information regarding our traffic should be submitted for evaluation
(analysis of an in-out traffic flow at current location was submitted, with
CUP application)
Note: Planning Commission advised by Staff Engineer at Hearing of 2/25/81 .
that traffic generated by our operation (based on analysis submitted)
would create no problem and probably be less than traffic generated
by other types of businesses; and that Paseo del Norte has capacity
to handle a large volume of traffic.
No negative indications ever given our Real Estate Agent, G. Jacobs;
Planning Consultant, B. Ewing; or Engineering Consultant, B. Ladwig.
In view of above, HAWTHORNE proceeded with acquisition of property and closed escrow
November 7, 1980.
Note: February 1980 -- Staff recommends denying a Cond. Use Permit
: 2/25/81 Commission adopted Resolution No. 1773 DENYING CUP-195.
NOTICE OF PUBLIC HEARING
APPEAL - CUP-195
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 6:00 P.M., on Tuesday, May 5, 1981, to consider an
appeal of a Planning Commission denial of a Conditional Use Permit to allow
rental and servicing of construction equipment on property generally located on
the east side of Paseo Del Norte, between Palomar Airport Road and Camino Del
Parque, and more particulary described as:
Parcel A and B of Parcel Map 4279 being a division of a Map 1477
being a portion of Lot H according to Map 823 filed in San Diego
County.
APPELLANT: Hawthorne Machinery Co.
PUBLISH: April 25, 1981 CARLSBAD CITY COUNCIL
MAP
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 7:00 P.M. on Wednesday, February 25, 1981, to
consider approval of a Conditional Use Permit to allow rental and servicing
of construction equipment on property generally located on east side of
Paseo Del Norte between Palomar Airport Road and Camino Del Parque and
more particularly described as:
Parcel A and B of Parcel Map 4279 being a division of a Map 1477
being a portion of Lot H according to Map 823 filed in San Diego
County.
Those persons wishing to speak on this proposal are cordially invited to
attend the public hearing. If you have any questions please call the
Planning Department at 438-5591.
CASE FILE: CUP-195
APPLICANT: HAWTHORNE
PUBLISH: February 14, 1981
CITY OF CARLSBAD PLANNING COMMISSION
James & Dorothy Gaiser
3340 Ridgecrest Drive
Carlsbad, CA 92008
Paul & Magdalena Ecke
P.O. Box 488
Encinitas, CA 92024
David & Revia Little
Otto & Carol Rose
2136 Wellington
Santa Ana, CA 92701
Paul E. & Peggy R. Hadley
4743 W. Hoffer Street
Banning, CA 92220
Andrew & Christia Me Reynolds
2316 Calle Chiquita
La Jolla, CA 92037
JGal-Mil Plastic Prodats IncT
^1100 Paseo Del Norte
-arlsbad, CA 92008
:~*i t
a-i /.