HomeMy WebLinkAboutCUP 9; South Coast Asphalt; Conditional Use Permit (CUP) (22)DATE : NOVEMBER 9, 1977
TO : PAUL BUSSEY, CITY ?&YAGER
FROM: JAMES C. HAGAPfAN, PLANNING DIRECTOR
SUBJECT: PLANNING COMMISSION ,REVIEW - CUP- 9 , SOII~I COAST ASPHALT
Introduction
Approximately one year ago, the City received complaints from residents' living near the South Coast Asphalt Plant which is located on the south side of Highway
78, to the west of College Drive. South Coast Asphalt Plant was causing environmental damage to the area because of noise, blasting, water run-off and dust. Planning Commission to investigate if there was a problem and if so, what were the solutions. CUP should be re-opened to place additional conditions on it.
These complaints were generally that the
The City Council then directed the
In particular, the Planning Commission was to consider if the
The Planning Commission reviewed the matter and determined that alleged problems could not be substantiated except for some zone violations regarding signs and illegal trailers. because of the lack of evidence that the operation was causing environmental damage, but that the City monitored the operation through the police department, and that the zone violations be eliminated.
The Planning Comission recommended the CUP not to be re-opened
His tory
CUP-9 was issued in 1961, (see resolution no. 737). This resolution contains no expiration dates, hours of regulations or noise limitations.
operation was performed satisfactorily and there were no complaints of it's operation until October, 1976, when the City Council received a petition alleging
that South Coast Asphalt created noise and structural damage to nearby dwellings.
Upon reviewing this petition, the City Council directed staff to work with the
City of Oceanside since the blasting of the operation was within their City limit, and also to set the matter for the Planning Comission's review to consider
the re-evaluation of the Conditional Use Permit.
Evidently, the
n
In staff's investigation there was no evidence found by noise, late working hours, vibration, or dust, therefore, the Planning Commission felt that there was in- sufficient evidence to re-open a hearing on the Conditional Use Permit. because the City of Oceanside was in the process of considering a CUP for the
portion in their City, the Planning Commission directed staff to report back
after the CUP in Oceanside was completed. (This information was related to the
City Council in February, 1977, through Agenda Bill No. 3789, Supplement No. 1). Upon completion of the CUP by the Oceanside Planning Commission, the Carlsbad Planning Commission again reviewed the report. Once again, in April, 1977, they found no evidence that the operation of South Coast Asphalt was causing environ- mental damage to the area, and they requested that the report be forwarded to the City Council.
However,
Page Two (2)
During the investigation, zone violations were discovered on the property,
staff has attempted to eliminate the violations before forwarding this report to the City Council. in the process of being eliminated.
These violations are now basically eliminated, or are
Zone Violations
When staff originally investigated the site they found several freestanding signs on the property located on the hills and machinery. Staff has been working with
the operator to remove all the non-conformingsigns, but allowing the directional and structure identification sips to remain. still one sign that has not been resolved; this is a freestanding sign on a vacant hill overlooking Route 78. does not permit freestanding signs, and there has never been a building permit issued for it. for proper identification of their plant.
requested the City Council to amend the ordinance that would permit freestanding
signs in the M-Zone, (see attached letter).
At this time, however, there is
This sign is nonconforming because the Fi-Zone
The operator has indicated that they wish to retain this sign Through their attorney, they have
The Zone Code only permits mobile units to be used for temporary purposes by CUP. Neither one of these trailers presently have a CUP. Since the investigation, one of the trailer's has been moved to another location on the site, and leased
to an independent trucking firm. Staff is in contact with this trucking firm for the removal of this trailer. The remaining trailer is being used for a lunch
room. temporary basis until a permanent lunch room can be constructed.
tentatively scheduled for the December 14, 1977, Planning Commission meeting.
The operator has applied for a Cup to allow the use of this unit on a This is
Staff is satisfied that the violations will be solved either through CUP approval, ordinance amendment, or removal.
Environmental Problem
Attached is a staff report that was submitted to the Planning Commission dated,
January 26, 1977, that explains the environmental concern, and staff's investigation
and analysis. the South Coast Asphalt Plant was causing environmental nuisance to the area. It
appeared to staff and to the Planning Commission that there was a basic disagree-
ment between the operators and the residents of what time the operations began,
and the nuisances it caused. Staff could not find evidence that the residents'
complaints were valid. Staff has been on the site numerous times and has field
checked the area late at night and have found in the residential area no noise higher than the ambient traffic sounds for the freeway. Commission felt that before proper conditions could be placed on the CIJP, that there would have to be evidence that a nuisance did exist and what it is. The Planning Commission felt that a source to determine the violation would be the
Police Department, since they patrol the City at all hours and they could response to the citizens' complaints.
In summary, staff could not find evidence that the operation of
Therefore, the Planning
However, on October 21, 1977, staff again received notice by Nrs. Hamilton, a
resident, living nearby complaining that the operation had started at 5:OO A.bl.,
and had caused a considerable amount of noise to the area. Staff contacted the operator and was told that there was absolutely no operation prior to 6:OO A.$?.,
within the plant that could have caused the noise. indicated that time cards would be submitted as evidence that t e operation was
not commencing prior to 6 : 00 AN.
The attorne for the operator II
Page Three (3)
Recommendation
It is recomended that the City Council accept the Planning Commission findings
that CUP-9 not be re-opened for a public hearing at this time, and that the City
Council direct the Police Department to investigate complaints of noise, and any other environmental nuisances that are submitted by citizens' living in the area.
Furthermore, if such nuisances are substantiated by the Police Department, a report be filed with the City Council. If the City Council determines that the nuisance contained in the report is a problem, the City council may then direct the Planning Commission to hold a hearing on the CUP to determine mitigating measures.
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