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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 ^7 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. 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. 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 1 2 3 4 5 6 7 8 9 CARLSBAQ PLANNING COMMISSION 10 ATTEST: 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 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 -3- 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 .,' > I 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• • • 11 N 1 ki 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 , * . . • . - ' X • ,x X X ' X X X . - - 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 /.