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HomeMy WebLinkAboutCUP 60; Gaycrest Kennels; Conditional Use Permit (CUP) (5)STAFF REPORT October 27, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: CUP-60 APPLICANT: CITY OF CARLSBAD (Resolution of Intention No. 131) REQUEST: Review of a Conditional Use Permit previously granted Mitchell Pollard to operate an animal Kennel and associated bui 1 dings. RECOMMENDATION Staff recommends that CUP-60, approved by Resolution No. 730, be REVOKED because of the following finding and subject to the following condition: FINDING 1) The conditions of approval of the Conditional Use Permit have not been met because: a) Condition No. 12 of Resolution No. 730 required that the trailer in existence on the site at the time of approval be removed within one year of adoption of the Resolution (October 12, 1971); and b) The trailer has not been removed. CONDITION 1) Revocation of the Conditional Use Permit shall become effective December 15, 1976, and all Kennel operations shall be ceased as of that date if the trailer has not been removed. BACKGROUND REPORT Location and Description of Property: The existing Kennel, together with 2 dwellings (the trailer and other accessory buildings), is located north of Ponto Drive between Carlsbad Blvd. and the AT&SF Railroad tracks. Existing Zoning: Subject Property: RD-M North: RD-M East: RD-M West: RD-M South: RD-M Existing Land Use: Subject Property: Kennel North: Vacant South: Single Famil-y Residences & Vacant Wrecking Dispoal Offices & Yard East: Agricultural Sorting; Storage; Auto West: Single Family Residences; Refuse History and Related Cases: The Ponto area was annexed to the City of Carlsbad September 8, 1964 and zoned C-M. A Kennel existed on the site at the time. The appli- cant applied for a Conditional Use Permit in 1971. According to the application, the CUP was necessitated by the owner's desire to construct a new house on the site. The Conditional Use Permit was granted October 12, 1971 (Resolution 730, attached). The minutes of the hearing (attached,) indicate that the Commission was concerned about the existing trailer. The Commission added a condition 12 to its approving resolution requiring the removal of the trailer within one year. In 1973, the City reviewed five areas of the City to bring about consis- tency between the City's zoning and Land Use Element maps. The review was required because of the State Law ("1301") requiring such consistency. The Ponto area was one of these five areas, inasmuch as the zoning (C-M) did not conform with the General Plan designation of medium-density residential use (21-47 dwellings per acre under the old General Plan). Rezoning of Ponto to RD-M was approved by Council on February 19, 1974 (Ordinance No. 9382). The rezoning is pertinent because it caused the Kennel to become legally non-conforming (Kennels are allowed only by CUP in industrial zones). Environmental Impact Information: The project is excepted from the requirements of the Environmental Protection Ordinance as an On-going Project (Section 19.04.080d). General Plan Information: The site is designated for Residential Medium-High density use (10-20 dwellings/acre). Public Facilities Information: Conditions 7 and 9 of Resolution No. 730 required the applicant to participate in water and sewer improvements to the area. Major Planning Consideration How can the situation best be handled in of the City's planning process and the planning objectives for Ponto? -2- DISCUSSION Planning staff has been in contact with Mitchell Pollard, operator of the Kennel, for several months in an attempt to bring about con- formance with the conditions of the CUP. Staff's efforts were a part of the City's overall CUP Enforcement Program. The applicant has refused to remove the trailer, and so the Commission is considering the matter as the nexi step in the enforcement process. A1 ternative Solutions: Staff has recommended with concurrence with the City Attorney that the CUP be revoked because staff does not believe that the existing trailer is compatable with the City's policy toward trailers. The Commission's discussion of the trailer in granting the CUP is indicative of the Ci ty ' s concern. As an alternative, the Planning Commission may wish to amend the CUP to allow the trailer as a watchman's unit, in accord with Section 5.24.145(2) of the Municipal Code: "(1) One unoccupied trailer may be parked in an accessory, building, private garage, or in a rear yard, in any zoning district, provided that no living quarters shall be maintained or any business practiced in the trailer when such trailer is so parked or stored; and (2) A trailer may be parked on the subject premises when utilized for the purposes of a watchman's unit, with the approval of the City Manager, provided that the trailer is not used as a primary place of residence and that utilities meet the standards of the County Health Department." This section was adopted by a series of Ordinances (9341 - Jan 16, 1973; 9345 - Feb. 21, 1973; 9350 - May 2, 1973). Staff does not feel that the trailer can be justified as a watchman's unit. The presence of two houses- on the site would seem to meet any need for overnight caretaker accommodations. Staff also doubts that the trailer's utilities meet the County Health Department's standards (particularly sewage disposal). AM:mdp (1 0/22/76) Attachments: Letter dated 10/20/76 from Morris T. Yanez Planning Commission Resolution 730 Minutes of the Planning Commission Hearing of October 12, 1971 -3- # L ..... ........... ._ . .-. .. ~. ... ..... .... -. .. ................... .. ............ ... I.--.._^. ... . ......... _I_ __ . . ~ ............ ....... .......... -_ ..... ....... - .. ... . .... ... ......... ..... ..... .. .. __I.-._.__. .- -- . ..... ... - . .- . -- . -. ........... .... ._.__._ ...... . ~____ ..... - .. ..... ................. ... ......... ._ ....... - ..... .. .. ................ ........... ..... ... -.__-I. . . -. . - ........... .... ... .- ..... .. -- . ... .. .- ....... .- ...... . ..... ..... . . I_ ..... ...