HomeMy WebLinkAboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP)STAFF REPORT/MEMORANmM TIJLY 25, 1972
TO: PLANNING COMMISSION
FROM: CITY MANAGER
SUBJECT : REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF AN AUTO YARD BUSINESS IN THE PONTO AREA
APPLICANT: EUGENE M. CHAPPEE
Report submitted by: Fire, Building, City Manager, Engineeying, Parks & Recreation and Planning Depts,
General Discussion:
On January 26, 1970, Mr. Chappee applied for a building permit to construct a fence and establish an auto repair facility. The permit to construct a fence was approved by Bob Johnston on January 26, 1970, but no auto storage was to be allowed without a Conditional Use Permit. Additionally, the Assistant City Engineer (Joe Spano) informed the applicant that a frontage on a public street would be required before a parcel split could be accomplished.
A variance request was submitted to the Planning Department on April 7, 1970 asking that a parcel s lit be allowed for two (2) parcels facing an existing sixty (60 P foot private easement.
a. The request was denied by the Planning Commission on October 13, 1970.
b. The Planning Commission decision was appealed to the City Council on November 4, 1970 per agenda bill #293. Resolution 1809 as amended, with conditions, was adopted by the City Council on December 1, 1970.
In September of 1970, Ordinance #9252 of the City of Carlsbad adopted land uses that would require a Conditional Use Permit. Auto wrecking/ditnrntllng was a land use that required a C.U.P. ondsr.-0rdinrnce 9060.
A parcel map prepared by E. Brain Smith En-gin.eers was submitted to the Engincerfng Department for approval on February 19, 1971, and returned for correction on April 5, 1971. To date, the revised map has not been returned to the Engineering Department for review.
The City does not recognize two land uses on one legal parcel without the approved parcel map. The Chappee parcel is an illegal parcel, therefore, the use is illegal.
Page Two Staff Report July 25, 1972
A request for a C.U.P. for the Gaycrest Kennel directly to the west was allowed to enter into future improvement agreements.
There is an existing 60' easement for access from Ponto Drive to the parcel owned by Mr. Barton, to the north. The easement was granted by Mr. Barton and still is held in fee by Mr. Barton. Apparently he is willing to dedicate the street but not provide the improvements.
To date, the Gaycrest Kennel interests have agreed to a 1/2 street improvement per Condition of Planning Commission Resolution #730.
Recommendation:
It is the recommendation of the staff that this request for a C.U.P. be denied for the following reasons, but in the event that the commission approves this application the staff requests that the following conditions be imposed.
Reasons for denial :
1. The ponto area is in a state of flux and transition. Property to the east is currently under a Planned Community Master Plan. The first phase, 55 acres, is developing as a 386 unit mobile home park.
2. The entire section of the Carlsbad Planning Area south of Palomar Airport Road between the Pacific Ocean and easterly limits of the CMWD boundary is presently under an active General Plan review.
3. The proposed C.U.P. is not in conformance with the existing General P1 an.
Conditions of Approval :
1. Dedicate 30' easement for one-half a public street between Ponto Drive and northerly limits of the property along the alignment of the existing private road. A 1' barrier strip fronting on all property except the subject parcel split shall be provided around the easement and granted to the City in fee.
2. Construct full subdivision improvements as required by City ordinance and the City Engineer for that one-half street fronting on the subject property. Also provide two fully improved 12' travel lanes to service property from Ponto Drive.
3. Construct water main with fire hydrants, as required by the City Engineer.
4. Provide a master plan for sewerage for the Ponto area.
5. The applicant shall enter into a future improvement agree- ment with the City for participation in the installation of
sewers to serve the area, in accordance with the master plan.
Page Three Staff Report July 25, 1972
6. The above conditions are to be satisfied prior to issuance of a building permit.
JAC B. ARN LD, City Manager
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