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Home My WebLink About1977-12-14; Planning Commission; ; CUP 9A - AMENDMENT FOR CUP TO ALLOW TEMPORARY TRAILER FOR EMPLOYEE LUNCHROOMDATE: TO: FROM: SUBJECT: APPLICANT: CASE NO: STAFF REPORT DECEMBER 14, 1977 PLANNING COMMISSION PLANNING DEPARTMENT AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 9 TO ALLOW A TEMPORARY TRAILER FOR USE AS AN EMPLOYEE LUNCHROOM UNTIL A PERMANENT STRUCTURE CAN BE BUILT. SOUTH COAST ASPHALT CUP -9(A) SECTION I. BACKGROUND Location and Description of Property The subject property is generally located on the south side of Haymar Drive with Highway 78 just to the north and the Oceanside boundary adjacent to the east. The property involved with the Conditional Use Permit is approx- imately 52 acres in size but does not include the adjacent R-1 property also owned by the applicant. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: M R-1 (Oceanside) P-C C-2, R-A (Oceanside) R-1-10,000 Asphalt Production & Rock Quarry Residential (Oceanside) Vacant Commercial & Vacant (Oceanside) Vacant History and Related Cases CUP-9: Resolution No. 138, on December 13, 1959 was approved by the Planning Commission to al low construction of an asphalt plant, office bui I ding, shop bui I ding, and relative operations. No conditions were placed on this approval. CUP-9 (Revision): Resolution No. 204, on April I I, 1961, the Planning Com- mission approved an amendment to the Conditional Use Permit al lowing quarry operations including 2 rock crushers and related equipment. Conditions were applied to control dust, to provide potable water, and sanitary sewage dis- posal. From staff's observation, dust control appears to be adequate. Sewer is by septic systems and apparently meets the County Health Standards . . I However, water was not provided to the satisfaction of the Fire Marshal I. Water for the plant operation is from a wel I and surface, drinking water is bottled. The Fire Marshal I has indicated that there is not sufficient water on the site to control fires. Fol lowing Planning Commission approval the item was appealed to the City Counci I by the neighboring property owners. The Counci I upheld the approval but added several more conditions which included: No quarry operations below creek level, a requirement to notice Tri-City Hospital before blasting, and provide proof of liabi I ity insurance. The matter was referred back to the Planning Commission for concurrence and then approved by Counci I on June 6, 1961, Resolution No. 737. Complaints During the last few years the City has received a number of complaints con- cerning noise, blasting and general environment nuisances. Staff was directed to investigate and report to the Planning Commission. Staff's report indicated that the general nuisance could not be substantiated, but that there were zone violations on the site. The Planning Commission forwarded their report on the alleged environmental problems to the City Counci I. The City Counci I on December 6, 1977 discussed the Planning Commission findings regarding the submitted complaints of noise and late hour operations. The City Counci I agreed with the Planning Commission that problems have not been verified. Furthermore, the City Counci I directed the City Manager to direct the Police Department to investigate complaints and report to the City Council if such complaints are verified. lf upon receipt of this report a nuisance is noted, the City Counci I may direct reopening of the CUP to review the conditions of operation of the plant. The fol lowing is a discussion on the zone violation: (I) TRAILERS. There currently are two non-conforming trailers on the site. South Coast Asphalt is seeking a Conditional Use Permit on the trailer located just behind the plant offices (See location mapl. The other trailer was recently sold to Brown Trucking and it was moved to a site that South Coast is leasing to Brown Trucking that is at the entrance of the plant. As it's being used, this trailer is also i I legal, but it is not part of this CUP. Also, Brown Trucking does not have a business I icense, sewer or water. Therefore, staff has requested their deleting the office function and remove the trailer from the site. Since the site is owned by South Coast Asphalt, a condition for this removal is also placed on this Conditional Use Permit. (21 SlGNS. Al I but one of the non-conforming signs on the property have been removed. The remaining sign is the large identification sign near Highway 78. The applicant has indicated that a request wil I be made to the City Counci I to amend the M Zone to al low a freestanding sign. This wi I I be done at the time of City Council review of the noise question. Environmental Impact Information The request for the temporary trailer meets the requirements of the Carlsbad Environmental Protection Ordinance because a Negative Declaration has been issued for the fol lowing reasons: .2 I) The project wi I I not affect vegetation or wildlife as the area has been previously graded. 2) The trailer wi I I be located at an existing quarry operation and wi I I have no significant visual impact 6n the area. General Plan Information The Land Use Element of the General Plan indicates Residential low-medium density (RLM). The area is also designated for special treatment as it is used for rock and mineral extraction. The General Plan states that particular care should be uti I ized when considering adjoining land uses that may be in- compatible with extraction operations. Public Facilities Pub I ic sewer and potable water services do not exist at the site. the operation was in existence prior to the requirements for sewer Sewer is served by septic tank, water by wel I, and bottled water. temporary trailer wi I I not need additional pub I ic faci I ities. Major Planning Considerations However, and water. The Wi I I approval of a temporary trailer have any detrimental effects on nearby properties, or cause a fire or safety problem. SECTION I I: DISCUSSION The use of mobile units is permitted only in designated areas approved as mobile home parking areas except that the temporary use of mobile units for commercial offices are permitted by Conditional Use Permits provided occupancy does not exceed one year from the approval, unless specifically extended by the commission. The extension may only be approved if construction of the permanent bui I ding is underway. This application is for the temporary use of a mobile unit as an employee lunch room. Staff finds that a lunch room is a normal part of an office complex, therefore, it is an acceptable application. The unit wi I I be located on a pad that now contains the main offices and parking lot for South Coast Asphalt Company. This pad is direct access by private driveway to the plant operation and the pub I ic street. The pad is situated inside the 52 acre site away from public streets on adjacent properties. The mobile unit cannot easily be seen from Haymar Drive, Route 78, or from any surrounding properties. Approval of this Conditional Use Permit wi I 1 partially eliminate the noted zone violations on the property. The second trailer is not a part of this request and must be removed. SECTION I I I: RECOMMENDATION Staff recommends approval of CUP-9(A) based on the following findings and subject to the fol lowing conditions: .3 Findings: I. The requested us 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 because: a) The mobile unit cannot readily be seen from pub I ic areas. b) The mobile unit wi I I be removed as required by the zoning code. 2. The site for the intended use is adequate in size and shape to accommodate the use because: a) The subject site is 52 acres and therefore it can easily accommodate this mobile unit. 3. Al I yards, setbacks, wal Is, fences, landscaping, and other features necessary to adjust the requested use to existing or permanent future uses in the neighborhood wi I I be provided and maintained because: a) The mobile unit is inside the property away from public streets or surrounding properties. 4. The street system serving the proposed use is adequate to properly handle al I traffic generated by the proposed use because: a) The approval of this CUP wi I I have no effect on the street systems abi I ity to handle traffic and access to it is by private drive. 5. The subject application has comp I ied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a) The project wi I I not affect the vegetation or wildlife in the area since it has been previously graded; and the trailer is located in an existing quarry site, and wi I I have no significant impact in the area. 6. The subject application is consistent with applicable City Pub I ic Faci I ities Policies and Ordinances because: a} The requested use for a temporary trailer wi I I not place added demands on the services existing on the site. Conditions: I. Approval is granted for the land described in the application and attach- ments thereto, and as shown on the plot plan labeled Exhibit "A", dated November 30, 1977. 2. The mobile unit shal I be removed within I year of the approval date of this request or as otherwise extended by the PI ann i_ng Commission. 3. The mobile unit shal I not be used for any other use other than a lunch room for the employees. .4 4. The mobile unit existing at the intersection of Hayroar and the driyew_i;ly <Brown Trucking) sha I I be removed prior to use of subject tra i I er as a lunch room. Attachments Exhibit "A", dated December 6, 1977 Location Map BP:ar 12/6/77 .5 , f 1-~>1} • ·, _..:.--,\¥ .• . . 40 ' . . · 41 ' · •••• ~. J.f ' i• • ' .c .... ' ' "• ,,. ,,,~~,Pi.",,,.:•• • • \ ··· ·,·,. ,: --• ;· r:·~..-!":Ff¢i:1"!H~·. 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