HomeMy WebLinkAbout1980-02-13; Planning Commission; ; CUP 171 - COAST WASTE MANAGEMENT\
I
STAFF REPORT
DATE: February 13, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: cup.:;:.171 -COAST WASTE MANAGEMENT,-Request for
Conditional Use Permit to allow for the expansion
of a non-conforming use in the RD-M zone.
I . BACKGROUND
As the Planning Commission will recall, this item was
continued from the January 23, 1980 meeting to allow
staff time ·to work with the applicant to relocate his
proposed structure. As originally submitted, the site
plan showed the buildings located adjacent to the east
property line. The Commission indicated that a minimum
setback of 10' would be required and directed staff to
work with the applicant to find a more suitable
location on the site which would minimize the impact
on adjacent properties. Since that meeting, staff has
met with the applicant at the site to determine a more
appropriate location.
II. ANALYSIS
Three alternative sites were discussed. The first
alternative was to relocate the building about 75'
to the north and setback 10' from the east property
line. This would place the building away from all
adjacent uses and residences. The property to the
east of this location is currently vacant and is not
expected to develop prior to relocation of the Coast
Waste facility. Staff feels that this is the most
acceptable location for the proposed building because
it has the least impact on adjacent properties.
The applicant does not feel that this location is
acceptable because there is no existing blacktop
or concrete in this area. In addition, the applicant
feels that this location would disrupt the on-site
circulation patterns and not be as accessible to the
existing office and supply area. Staff feels that
paving can be accomplished as a part of the paving
of the employee parking area. Further, the location
is close to an existing electrical source, and will not
in staff's opinion hinder on-site circulation patterns.
®
The second alternative, the one most acceptable to the
applicant, is to relocate the proposed building 10
feet to the west of the original site to provide a
10 foot rear yard. This site is not acceptable to
staff because the building would still have a sub-
stantial impact on the neighboring property.
The third alternative site is adjacent to Ponto Drive
just south of the existing office structure. Staff
feels this site is least desirable because of its
proximity and visibility to Carlsbad Boulevard.
There are no other sites acceptable to the applicant
or to staff. Staff is recommending that Alternative
No. 1 be accepted and placed as a condition of approval.
III. RECOMMENDATION
Staff recommends APPROVAL of CUP-171, based on the
following findings and subject to the following conditions:
Findings
1. This project is consistent with the General Plan
Land Use Element since it meets the provisions
for unique and special uses.
2. This project is consistent with all applicable
public facility policies and ordinances and with
the public facilities element since:
a. Sewer service is currently provided by the
City of Carlsbad's County Water District.
b. Water service is currently provided by the
City ~f Carlsbad.
c. Gas and Electric service is provided by
SDG&E.
d. All necessary on-site and adjacent public
improvements are existing or will be required
as conditions of approval.
e. The applicant has proposed, and is required
by the inclusion of an appropriate condition,
to pay a public facilities fee. Payment of
this fee will ensure that public facilities
will be available concurrent with need as
required by the General Plan.
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3. This use is desirable for the development of the
community and is not detrimental to existing or
proposed uses because:
a. The use is existing and the proposed building
will enclose the repair and maintenance
operations.
b. The use will be removed within 5 years of
approval of this Conditional Use Permit.
4. .The site is adequate in size and shape to accommodate
the use because:
a. There will be no change in use. The proposed
building will house activities already con-
ducted on-site.
b. The proposed building will be located in a
currently under utilized area.
5. The use has been adequately adjusted to the
surrounding areas because:
a. The building will be located in an area that
will not affect any adjacent uses.
b. The use will be removed within 5 years of
the approval of the Conditional Use Permit.
6. The street system is adequate to service the use
because the property is located adjacent to Carlsbad
Boulevard, which is capable of handling the traffic
• from this use.
7. This project meets all other requirements of the
Carlsbad Municipal Code.
Con'di t:ions
1. Approval is granted for CUP-171 as shown on Planning
Commission Exhibit A dated 11/28/79 and Exhibit B
dated 1/5/80, incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in
these conditions.
2. The proposed building shall meet all the requirements
established by the City Building Official and the
Uniform Building Code (Section 18.04.005).
3. A building permit shall be obtained prior to
commencement of any work on the proposed building
(Section 18.04.025).
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4. All non-conforming uses and structures shall be
removed from the site within 5 years from the
date of approval of this CUP. In the event
such uses and structures are not removed, the
City shall institute zone enforcement proceedings
to insure compliance with the existing RDM Zone
(Section 21.48.0SO(d) (3)).
5. This Conditional Use Permit shall be recorded at
the Office of the County Recorder within 5 days of
approval of the resolution for CUP-171. The
applicant shall provide evidence of this prior to
issuance of building permits. (Section 21.48.080
(d)(3)).
6. An employee parking area for 20 cars shall be
provided on-site. The improvement plans for the
parking area shall be submitted to and approved
by the City Engineer prior to the issuance of a
building permit.
7. The storage areas along the west property line
shall be screened by use of landscaping or wood
slats in the chain link fence. Such screening
shall be approved by the Planning Department
prior to final occupancy of the structure.
8. The proposed building shall be relocated to the
north and setback 10' from the eastern property
line to a location acceptable to the Planning
Director. The building shall not be located
adjacent to any existing uses or structures. The
applicant shall submit a revised site plan
indicating said relocation which shall be subject
to the approval of the Planning Director prior to
the issuance of a building permit.
9. The applicant shall eliminate all drainage from
the subject property onto adjacent lots. The
drainage on the property shall be designed to
the satisfaction of the City Engineer prior
to the issuance of a building permit.
Attachments
Location Map
Disclosure Form
Staff Report dated Jan. 23, 1980
KL:ar
2/7/80
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1,PPLICM:'r: CcvJ-5T L</;f5ff f,),1:,i;/(5-"Ef!EAlT /,A/(7,
Nmnc (indiv.idu.:il, pilrtncn:hip, joint vc:ntur~~, corpcration, i:;yncHc:i,.t.ion)
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Busines~ r~idrcss
AGEN'f:
Telephone Number
o£~Au: JL-.Jt~it Name /.
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Business Address
MEMBERS:
N artner, joint Home Address
venture, corporation, syndication) !'4,1' -''?/9/<?C'os C-/ltt,'P fl-'e.· C,,;,•
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Business Address
elcphone.Number Telephone Number
Name llome Address
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Telephone N'"mnber Telephone Number
. (Attach more sheets if necessary)
l/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.
Applicant.
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STAFF REPORT
DATE: January 23, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: CUP-171, Coast Waste Management
REQUEST: CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION
OF A NON-CONFORMING USE IN THE RD-M ZONE
BACKGROUND
Location and Description of Property
The subject property is located on the east side of Ponto
Drive, south of Palomar Airport Road. The property is
currently used as a headquarters and operations site for the
Coast Waste Management operations. The site contains one acre
and there are two buildings on the property. The property is
surrounded by a chain link fence. Construction has begun on
the new building although no permits have been issued.
Existing Zoning
Subject Property:
North:
South:
East:
West:
Existin·g Land Use
Subject Property:
North:
South:
East:
West:
ROM
PC
ROM
ROM
Open Space
Coast Waste Management
Vacant
Single Family Residences
Kennel, Auto Wrecking Yard
Highway, Carlsbad State Beach
Genera"!" Plan ·Information
A. Land Use Element
The land use element designates this property as RMH, Residential
Medium High Density, 10-20 du/acre. However, the land use
element also specifies that certain unique and special uses
shall be allowed in any category subject to zoning controls.
Since this CUP is permitted as per Section 21.48.080, it is
therefore consistent with the General Plan if it meets the
requirements of Section 21.42.020.
B. Public Facilities
City Sewer: This project is being serviced by the City of
Carlsbad.
Schools: This is an industrial project and will have no
effect on the school system.
Cit! Water: Water service is currently provided by the City of
Car shad.
Gas and Electric: SDG&E now supplies services to this project.
On-site and Adjacent Public Improvements: Any necessary public
improvements will be -required per the city Public Improvement
Ordinance and/or as conditions of approval.
Other Public Facilities: All other public facilities necessary
to serve this project will be available concurrent with
need as a result of the public facilities fee.
Other Elements of the General Plan: This project is consistent
with other elements of the city's current general plan.
Environmental Impact Information
This project has been processed through environmental review
and a negative declaration has been issued based on the
following findings:
1. The site has been previously developed and therefore the
proposed structure will not have any adverse impacts on
any significant environmental resources.
2. No additional landform alteration or site modifications
is proposed which could result in any potentially
significant environmental impacts.
History and Related Cases
ZCA-105, Non-conforming Uses, Ordinance No. 9538.
On October 2, 1979, the City Council approved ZCA-105 which
allows for the expansion of non-conforming uses by Conditional
Use Permit. This amendment limited the amount of expansion
to 50% of existing value for those uses which provide a
service to the City. This amendment also allowed for the
establishment of a date of abatement. The CUP will expire 3
months after issuance.
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Major Planning Considerations
1. When shall the use be abated?
2. What conditions should be applied to this expansion to
adjust the use to the existing and future uses in the
neighborhood?
Discussion
Section 21.48.080 allows the expansion of a non-conforming use
The expansion is limited to 50% of value since the use is one
which provides a public service traditionally provided by the
City. This section also requires that a date be set for
amortization of the non-conforming use.
The major issues associated with this project include the
building setback, screening of storage areas from street
right-of-way, on-site employee parking and the establishment
of an amortization date.
Exhibit A shows the proposed building on the east property
line adjacent to an existing kennel. Locating the building
on the property line will have a detrimental affect on the
neighboring kennel, by creating an adverse visual impact
and blocking sunlight from the property. Since the RDM
zone requires a 10 foot rear yard, and conditional uses must
meet the requirements of the underlying zone, a 10 foot
setback will be required. The 10 foot setback will lessen
the impact on the neighboring kennel.
At this time, there is no screening of the storage areas which
are visible from Carlsbad Boulevard and the State Beach.
A condition will require screening of the storage areas along
the west property line with landscaping or wood slats in the
chain link fence.
There is an area designated for employee parking on-site,
although the area is unpaved. The applicant will be required
to pave and improve the parking area to provide parking for
20 cars.
The applicant is requesting a 5 year amortization date for the
use. This amount of time is adequate to allow the applicant
to obtain necessary approvals and permits to purchase a new
site and to relocate. The requirements for parking and
screening of storage areas will help to adjust this present
use to the surrounding uses. According to Section
21.48.080, the non-conforming use must be removed by the date
established in the CUP and the amortization date must be
recorded on the deed. This will be required as conditions
of approval.
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Recommendation
Staff recommends APPROVAL of CUP-171, based on the following
findings and subject to the following conditions:
1. This project is consistent with the General Plan Land
Use Element since it meets the provisions for unique
and special uses.
2. This project is consistent with all applicable Public
Facility Policies and Ordinances and with the Public
Facilities Element since:
a. Sewer service is currently provided by the City
of Carlsbad's County Water District.
b. Water service is currently provided by the City
of Carlsbad.
c. Gas and Electric service is provided by SDG&E.
d. All necessary on-site and adjacent public improve-
ments are existing or will be required as conditions
of approval.
e. The applicant has proposed, and is required by the
inclusion of an appropriate condition, to pay a
public facilities fee. Payment of this fee will
ensure that public facilities will be available
concurrent with need as required by the General Plan.
3. This project will not have any significant adverse environ-
mental impacts. A Negative Declaration, Log No. 628, was
issued on December 19, 1979, for the following reasons:
a. The site has been previously developed and therefore
the proposed structure will not have any adverse
impacts on any significant environmental resources.
b. No additional landform alteration or site modification
is proposed which would result in any potentially
significant environmental impacts.
4. This use is desirable for the development of the community
and is not detrimental to existing or proposed uses because:
a. The use is existing and the proposed building will
enclose the repair and maintenance operations.
b. The use will be removed within 5 years of approval
of this Conditional Use Permit.
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5. The site is adequate in size and shape to accommodate the
use because:
a. There will be no change in use. The proposed building
will house activities already conducted on-site.
6. The use has been adequately adjusted to the surrounding
areas because:
a. A 10 foot setback will be provided between the
building and the east property line.
b. The use will be removed within 5 years of the
approval of the Conditional Use Permit.
7. The street system is adequate to service the use because
the property is located adjacent to Carlsbad Boulevard,
which is capable of handling the traffic from this use.
8. This project meets all other requirements of the Carlsbad
Municipal Code.
Conditions
1. Approval is granted for CUP-171 as shown on Planning
Commission Exhibit A dated 11/28/79 & Exhibit B dated
1/5/80, incorporated by reference and on file in the
Planning Department. Development shall occur substantially
as shown unless otherwise noted in these conditions.
2. The proposed building shall meet all the requirements
estbalished by the City Building Official and the Uniform
Building Code (Section 18.04.005).
3) A building permit shall be obtained prior to commencement
of any work on the proposed building (Section 18.04.025).
4. All non-conforming uses and structures shall be removed
from the site within 5 years from the date of approval
of this CUP. In the event such uses and structures are
not removed, the City shall institute zone enforcement
proceedings to insure compliance with the existing ROM
Zone (Section 21.48.0S0(d) (3).
5. This Conditional Use Permit shall be recorded at the Office
of the County Recorder within 5 days of approval of the
resolution for CUP-171. The applicant shall provide
evidence of this prior to issuance of building permits
(Section 21.48.0B0(d) (3).
6. An employee parking area for 20 cars shall be provided
on-site. The improvement plans for the parking area
shall be submitted to and approved by the City Engineer
prior to the issuance of a building permit.
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7. The storage areas along the west property line shall be
screened by use of landscaping or wood slats in the chain
link fence.
8. This Conditional Use Permit shall be reviewed in 90
days to insure compliance with the above condition.
9. This approval is expressly conditioned upon payment of
the applicant of a public facilities fee required by
City Council Policy No. 17, dated August 29, 1979, on
file with the City Clerk and incorporated by reference,
according to the agreement executed by the .applicant for
payment of said fee. If said fee is not paid as promised,
this application will not be consistent with the General
Plan.
Attachments
Location Map
Disclosure Form
Exhibit A dated 11/28/79
Exhibit B dated 1/5/80
KL:ar
1/16/80
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COA-oT WASTE. ~Mr.-
Date Rec'd it,~'!/ "J q DCC Date: • i / 1 -5 llp PC Date di. 3 /So ----~_......_ __ ,_______ • I
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Assessor Book: ~)1~J -160-:. :)( .:•. · ! 1 Page: Parcel: _,,..., -,-.-!--------------------------General Plan Lane Csa Descript.i:m: . 1. '\·\ --------------------------------------Existing Zone: Proposed Zone: ... _ Acre~: ---------I~-c-.-o-f=-Lo--t-s_:____ OOrs~--"""'"~---~D~U~/~A~c-r_e ___ _ -----------------------------,.-----------5 ch o o l District: ------------------------------------------------Water D:iBtrict: Sanitation District:
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LE G1\L DESCRIFJTION
ASSESSORS PARCEL NO.
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SURROUNO!NG PARCELS
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SANtTARIAN
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