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HomeMy WebLinkAboutV 304; COAST WASTE MANAGEMENT; Variance (V)Receipt No. APPLICATION NO. VARIANCE •'"'. . c'pr' Lit ui t) (Please Type or Print) Date: REQUEST: Variance to (B1fTTplain and 3ndlcate section of Lone FACILITY FOR OUR REFUSE TRUCKS --- SEE ATTACHED LETTER, NO P111MRTN9 Tn BE An ED. Tnce 2. LOCATION: The subject property is generally located on the EAST side of PONTQDRI\/_ between LA COSTA AVE. and PALOMAR AIRPORT ROAD 3 ASSESSORS NUMBER: Book 214 Page 60 Parcel Book Page Parcel (If more, please list on bottom of this page), 4. OWNER(S): Name Address ci ty Zip Phone 5 PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address Phone S IMS PDNTO DR—_---- 92008 753-9412 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions, as indicated on the attachment have been read, understood and agreed to, Name Address City Zij _Phone c- 7204 PONTO DR. RearesentinoanrororjQ) Relationship to Property Ow.a_. The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or re- vision of the plan which only serves to lengthen the processing time. ATTACHMENTS:. Supplemental information Form - Planning 23 Standard Conditions - Planning 27 Preparation Check List - Planning 32 Procedures - Planning 36 Date of Planning Commission Approval _____ FORM: Planni ngj_. 6/11/79 A - 0 1 SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage; if less than acre) 1,015 ACRES 2) Zone R-D- 3) General Plan Land Use Designation MEDFIGHDENSITY 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if-necessary. a) Explain why there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: WEAREUNDER_CONTRACT TO PROVIDE LOW -COST AND EFFICIENT REFUSE REMOVA! FOR THE UTY OF rAm cn b1 I_ _LI\ IV LI\L', I ..flJ) DL DI JLYIDLLU itIU J'Rfr ru Wri ri,ji WE PLAN TODO WITHIN FIVE YEARS,SO_AS_NOT_TO_TNTERFEREWTH_THE_OBJECTIVES OF THE GENERAL PLAN OF THE CITY. PRFSENT1Y WE HAVE A TWO STP4, 2 2 275,$QUA E FOOT OFFICE BUILDING ON THE LAND AND ONE TWENTY BY TWENTY WELDING SHOP • b) Explain why such variance is necessary for the preser'/ation • and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: THE PROPOSED BUILDING _WAS _DFSrINEa sgECijrCALY FOR OUR USE, IT WILL HOUSE THREE TRUCKS AT ONE TI1E PL[JSTHfIIAR1W_AlvinhErujT_(IF SISTS OF 44.290 SOUARE FEET AND THE Rilli DING IN ()IIFcTT(ThJ WTI.I RE 1flrATTTL - THE BACK OF THE LOT AND ONLY REQUIRES AN AREA OF 53' by 61", c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: I BELIEVE THE PROPOSED BUILDING_ WILL .BE_ADE QUATE TO ADJUST TO THE USE AffD—FUTURE USE OF THE NEIGHBORHOOD BECAUSE PRES LV_THERE_IS_NUIN1N _IN_ THE _NEIGHBORHOOD FOR THE BUILDING TO_ DETRACT FROM. _AND AS_ FOR _!HE _FUIURE,_THE_BUILDINGWrLLBE REMOVED AND RELOCATED, d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: THE _BUll_ DING WTI L_NOT_CREATE_-ANY INCREASEINTRAFFIC,IF ANYTHING IT WILL DECREASE _THE _CONGESTION_DUE_TO_TRUCKS BACKED UP tIJ\ITfN( TO ENTER A CROWDED YARD. FORM ianning23Date of Planning Commission Approval -J er the informatiohave submitted has been rem, it is determined thaL further informat.ton is required, you will be so advised APPLICANT: !2fAJ6'E/1EILIT 1 Name (individual, partnership, joint venture, corporation, syndication) Business Address Telephone Number AGENT: ,4L Name 0to /4 Business Address Telephone Number MEMBERS: (2(& ,, 5 i.22 5,q?, / C)A/ '€ Name (individal,artner, joint Borne Address venture, corporation, syndication) - -72 &( '0"0 w;-­& 1 é'4 ).:?,w e'/ , , Business Address -2/ Telephone Number - Telephone Number Name Home Address Business Address Telephone Number Telephone Number (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. - (c19 W 2 - 7- Applicant BY artner -- • *.- - C I ''; L I -u VL' c . OCCUPANT ( 7238 PONTO DRIVE CARLSBAD, CA. 92008 C . GREGORIO G. ALCARAZ 7244 PONTO DRIVE CARLSBAD, CA. 92008 C DAVID HODGES 343 HILLCREST DR. C CARLSBAD, CA. 92008 C C ELSA CANNON 7210 PONTO DRIVE CARLSBAD, CA. 92008 C C MERRILL F. MURRAY 2124 EDINBERG CARDIFF, CA. 92007 C K. C C C C C C C I c C C I ( •111 V39 1 - ( NERRILL F. MURRAY P.O. BOX 801 ( HANALIE KAUI, HAWAII 96714 k ( L_Q q/i/o ( S NOTICE OF PUBLIC HEARING APPEAL V-304 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing on May 20, 1980, at 6:00 P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, CA, to consider an appeal of a Planning Commission denial of a variance of the rear yard set-back require- ments on property located on the east side of Ponto Drive. APPELLANT; Coast Waste Management, Inc. PUBLISH: May 7, 1980 CARLSBAD CITY COUNCIL QJIOF....LIC 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, April 23, 1980, to consider approval of a Variance of the rear yard setback requirement of the ROM zone. Specifically, a reduction of the ten foot rear yard setback to zero feet on property generally located on the east side of Ponto Drive between La Costa Avenue and S.D.G.&E. power plant, and more particularly 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, map filed November 4, 1948. '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: V-304 APPLICANT: Coast Waste Management • PUBLISH: April' 12, 1980 CITY OF CARLSBAD PLANNING COMMISSION IA - - I 5• -•' :. - ' • • . - • ONO 0.91 AC.2.75 AC. • • I • • ':: .: \ . .J:•/5•-W ___________ _________ . ,--. -.s. • • ---- ' ,--- I ':'. . • © S 097AC \ • •lI " POR4 . ?D. -. -' 9.,2. • - . \ •- • -' \ \ t - ••••• £ } ) \ . 'V .. 'I i' .2. - (28\-c1 \ ' • -p \ _- .5 5_•?/, •p-._.- - ,. 52 AC. 5. • \• V .D CJ • - • C c -\ •-.r \1/t- -[ f\rU'-Ji'\( PONTO DR Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE 0 P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year • next preceding the date of publication of the NOTICE OF PUBLIC notice hereinafter referred to; and that the notice iIEAEING • of which the annexed is a printed copy, has been NOTICE IS HEREBY GIVEN that the Planning Comsisission of the City o1 published in each regular and entire issue of said I Carlsbad will hold a public hearinga the City Council, Chambers, 1200 Elm newspaper and not in any supplement thereof on Avenue, Carlsad, California at 9:00 the following dates, to-wit: A.,,.il 95 15515 to consider approval of Variance of the rear yard setback requirement of the RDMzone. Specifically, a reduction of the ten foot rear yard setback to zero feet on property generally located on the east aide of Ponto Drive betweOn La Costa Avenue and S.D.G.&5. power. plant, and more particularly described as: That portion of the, South two-thirds of Lot 4 (Southeast Quarter of the Southeast Quarter) ofSection 291 Town-ship 12 South, Range 4 West, San er-• nardino Meridian, in the County of gan Diego, State of California, map filed $ismber 4, 1948. I'hose persons wishing to speak on g(,proposal are cordially invited to end the public hearing. If you jiave hht questio5s'IE9aiall th9 PlanniOg Departmq4 at 488-5Sl. Cal Fi: V-304 - AicahIfWasteManageme5(i PLANNING GI 1748: April 12, 19.P. 19.... 19.... 19.... 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 'I 2th day of April 1980 Clerk of the Printer 2M/5-79 O . 1= COAST WASTE MANAGEMENT, INC. PHONE: 753-9412 7204 PONTO DRIVE, 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. April 30, 1980 Lee Rautenkranz City Clerk 1200 Elm Ave. Carlsbad, Calif. 92008 Re: CUP #171 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 April 23, 1980 regarding the requested variance of our proposed new repair facility. If any questions fee free to contact me regarding this matter. Sincere Ar ent COAST WAST MANAGEMENT, INC. AD:dd A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION a O WILLIAM H. OAUSNEY NICHOLAS C. BANCHE LAW OFFICES OF AUNEY AND 3ANCHE PROFESSIONAL CORPORATIONS 702 FOURTH STREET POST OFFICE SOX 380 OCEANSIDE, CALIFORNIA 9054 April 21, 1980 AREA CODE 714 TELEPHONE 722-1881 Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: C.TJ.P.. 171 Applicant - L) 1191-90 pc/t .1' Coast Waste Management Dear Mr. Hagaman: As you are probably aware, I represent the owner and operator of Seacrest Kennels in her opposition to the above referenced application. It is my understanding that the matter has been referred to the Planning Commission for proceedings involving the issuance of a variance. The purpose of this letter is to request notice of all proceedings involving the application in order that I might appear and offer testimony in opposition to the application. Along those lines, it is my opinion that no variance may properly issue in this case as the applicant is not in a position to satisfy the requirements of the Government Code. In short, his self-induced economic hardship does not equate to that uniqueness required for relief. I request that this letter be made a part of the administrative record. Sincerely, NI'HOLAS C. BANCHE NCB: j cc: Vincent Biondo Elsa Cannon I! I STAFF REPORT FILE COPY DATE: April 23, 1980 TO: Planning Commission FROM: Bill Hofman, Associate Planner SUBJECT: V-304, COAST WASTE MANAGEMENT - Request to reduce the required rear yard setback from 10' to 0' on property generally located on the east side of Ponto Avenue, south of Palomar Airport Road in the RDM zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant requests a variance to allow the reduction of the rear yard setback from 10' to 0' as shown on Exhibit "A". The variance would allow the placement of a truck maintenance structure on the rear property line. The building is partially built, however, no building permits have been issued at this time. The building will be 21' in height and approximately 3200 square feet in area. As the Planning Commission will recall, the applicant has applied for and received approval of a Conditional Use Permit to allow the expansion of his non-conforming use. A condition of that approval required the place- ment of the structure 75' to the north of its present location, and 10' back from the rear property line. The Commission required this condition based on the finding that the structure, as located, would create a substantial adverse impact on the adjacent property to the east. The applicant appealed the Planning Commis- sion's decision to the City Council and requested approval for location of his building as originally proposed, i.e., adjacent to the rear property line. The City Council, on April 21, 1980, approved the appeal with a revised condition allowing placement of the building on the rear property line only if a vari- ance request is approved by the Planning Commission. The applicant is now back before the Commission to receive approval of this variance. The Coast Waste Management Company is a quasi-public agency serving the City of Carlsbad. They are in the process of finding a new location for their operation. An additional condition was placed on the Conditional Use Permit requiring removal of the entire operation from the property within a 5 year period, therefore, the use can be considered temporary in nature. . . II. ANALYSIS Planning Issues 1. Can the four mandatory requirements of a variance be found in this case? a. Are there exceptional or extraordinary circum- stances applicable to the property that do not apply to other property in the vicinity? b. Do other properties in the vicinity share a similar property right which is denied to this property? C. Will this variance adversely affect the comprehensive general plan? d. Will this variance be detrimental to the public welfare or injurious to property in the vicinity? The subject site is approximately 1 acre in size and occupied by an existing 2275 square foot office building and several small accessory buildings. The primary uses of the site are the operation of a refuge service storage of refuge trucks, and repair and maintenance of these same trucks. Sufficient room on the site exists to locate the proposed structure without encroachment into required setbacks, therefore, staff can find no exceptional or extraordinary circumstances relating to this property justifying approval of this variance. Surrounding land uses include single family residences and a kennel adjacent directly east of the proposed structure. In the RDN zone, a one story accessory building is allowed to be placed adjacent to the rear property line and a few such buildings do exist in the vicinity. The proposed structure, however, is not considered accessory because it serves as part of the primary use of the site. Therefore, the finding cannot be made that the applicant is being denied a property , right shared by others in the vicinity. With respect to adverse impacts on the General Plan, the proposed structure creates a substantial impact on adjacent properties, thus, conflicting with the policies and guidelines of the Land Use Element. Specifically, the 21' structure located directly on the rear property line will screen afternoon sunlight from the adjacent -2- I . kennel and will create a substantial adverse visual impact on this property. In staff's view, approval of this variance and the subsequent adverse impacts created will adversely affect the public welfare and be injurious to the adjacent kennel. In summary, staff cannot find sufficient facts to make the four mandatory findings for approval of a variance. Since all four findings must be made, staff feels that this variance request is inappropriate and approval would constitute poor planning practice. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1628, DENYING V-304, based on the findings contained therein. ATTACHMENTS: Location Map Background Data Sheet Disclosure Form PC Resolution No. 1628 Exhibit "A" dated 4/16/80 BH:ma 4/17/80 I BACKGROUND DATA SHEET CASE NO; V-304 APPLICANT: COAST WASTE MANAGEMENT REQUEST AND LOCATION: Variance to allow a reduction of the rear yard setback from 10' to 0 located on the east side of Ponto Drive, south of Palomar Airport Road. LEGAL DESCRIPTION: That portion of the South two-thirds of T,r 4 (SE Quarter of the SE Quarter) of Section 29, Township 12 South, Range 4 West, map filed November 4, 1948. Assessors Parcel Nuirer: 214 160 - 10,11 ,20,21 Acres 1.015 No. of Lots General Plan Land Use Designation MW Density Allowed 10-20 du' s/ac Density Proposed NA Existing Zone -I Proposed Zone NA Surrounding Zoning and Land Use: zonipg Land Use Site RDM Coast Waste Managemenif North PC Vacant South RDM S.F.R. East RDM Kennel & Single Family Residence West 0-S Carlsbad State Beach PUBLIC FACILITIES School District NA Water District Costa Real Water District Sewer District City of Carlsbad EDU's Public Facilities Fee Agreement, dated Jan. 11, 1980 (per CUP-171) (Other: ENVIRONMENTAL IMPACT ASSESSMENT Neative Declaration, issued Log No. E.I.R. Certified, dated Other, Exempt per Section 19.04.090 (C) (4i) (I' . PLANNING COMMISSION RESOLUTION NO. 1628 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARI- ANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 0' ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PONTO AVENUE, SOUTH OF PALOMAR AIRPORT ROAD IN THE RDM ZONE. APPLICANT: COAST WASTE MANAGEMENT CASE NO: V-304 WHEREAS, a verified application for certain property, to wit: That portion of the South two-thirds of Lot 4 (South' east Quarter of the Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meri- dian, in the County of San Diego, State of California, map filed November 4, 1948. has been filed with the City of Carlsbad, and referred to the Plan- ning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 23rd day of April, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 V-304. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion 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 recommends DENIAL of V-304, based on the fol- lowing findings: . //// 2. 2 3 4 .5 6 7 8 9 10 1]. 12 13 14 15 16 • 17 2.8 2.9 20 21 22 23 24 25 26 27 28 2 Findings: 1) That there are no exceptional or extraordinary circum- stances or conditions applicable to the property or to I the intended use that do not apply generally to the other property or class of use in the same vicinity 4 and zone; 2) That such variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; 3) That the granting of such variance will be materially detrimental to the public welfare and injurious to the property or improvements in such vicinity and zone in S which the property is located. ic 4) That the granting of such variance will adversely affect' the comprehensive General Plan. 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan- 12 fling Commission of the City of Carlsbad, California, held on the 112 23rd day of April , 1980 , by the following vote, to wit: 14 AYES: Schick, Leeds, Larson, Friestedt, Rombotis 15 NOES: None 16 ABSENT: Marcus, Jose 1? ABSTAIN: None \\ le 19 DWIN S. BCHICK, JR.( chairman CARLSBAD PLANNING COMISSION 20 21 ATTEST: 22 23 24 S C. HAGAMAN", S-ECRETARY SBAD PLANNING,COMMISSION 26 27: PC RESO. #1628 Page 2 28