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Home My WebLink AboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP) (9)CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT February 11, 1975 I TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT ' REPORT ON: CUP-64 CHAPPEE'S AUTO WRECKING APPLICANT: EUGENE C. CHAPPEE 654 N. Highway 101 Leucadia, CA 92024 I. REQUEST: The applicant is requesting that City Council Resolution No. 3053 approving a Conditional Use Permit, be amended as follows: Condition #2 requi,ring installation of a'fire hydrant and water main should be changed to require instead a future improvement agreement guaranteeing installation of the hydrant and water main. The subject property is located northerly of Ponto Road and Easterly of Carlsbad Boulevard. 11. RECOMME-NDATION: Staff recommends that condition #2 of City Council Resolution No. 3053 be revised to read: 2) The applicant shall enter into a future agreement with the City to install a water main and fire hydrant in a manner acceptable to the City Fire Chief. 111. BACKGROUND: A. Location: Northerly of Ponto Road and Easterly of Carl sbad Boulevard. B. Legal Description: All that portion of the south two- thirds of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California. C. Site Description: The site is unimproved except for an 8' high masonry block wall. Car bodies are stacked generally above the fence line, in some places to a height of approximately 20 feet. There are no water or sanitation (sewer) services to the site. t t .. I. D. E. F. 6- H. Project Description: The project is primarily a dis- mantling and storage yard for wrecked automobiles. Two tow trucks, one boom.truck and a small crane are used as a part of this operation. Zoning: Subject Property: RD-M , North: RD-M South: RD-M East: A-1-8 (County) West: RD-M Surrounding Land Use: single family residences in addition to an equipment rental yard, McDougal Sanitation, a Cabinet Shop, Gaycrest Kennels, a pre-mix concrete batch plant, storage garages, and two warehouse facilities. The Ponto area has a number of General Plan Recommendation: The Land Use Element of the General Plan shows the subject property as medium high density residential. The subject use is in conflict with this designation (and was, in fact, in conflict with the General Plan designation of Residential at the time of the original- Conditional Use Permit approval). Environmental Impact Requirements: Mr. Chappee's project was originally submitted to the City prior to CEQA require- ments being applied to private discretionary acts. CEQA guidelines state that no environmental review i.s necessary for an ongoing. project, providing that the use does not expand or increase in intensity. IV. MAJOR PLANNING CONSIDERATION: The subject project is plagued with many problems: The lot has been illegally split and a portion has been sold off; there are no water or sewer lines to the property; the site ,is accessed by a private easement and the owner of that easement has expressed unwillingness to allow either a public access easement or public utility easement. On the east side of the site there is a Southern California Gas Company easement upon which Mr. Chappee's fence encroaches. The Gas Company will not allow Mr. Chappee to install landscaping on the easement as required by his Conditional Use Permit. Also, the project does not n-ow (and did not when approved) conform to the General Plan designation of residential. Also, the project does not meet the State mandated findings required in granting a Conditional Use Permit. All these things not withstanding, the applicant was granted a Conditional Use Permit for a 10 year period and has, in good approval. Under these circumstances, Staff bel ieves that the City is morally and legally obligated to uphold the approved faith attempted to comply with all applicable conditions of J . Conditional Use Permit. -2- -, V. DISCUSSION OF SPECIFIC ITEMS A. Compliance to conditions of the original CUP-103 1) Compliance to Condition No. 1: Condition No. 1 I reauires the aPDlicant to enter into a future street improvement for the easement westerly of Mr. Chappee's yard. This cannot be accomplished unless: a) The owner of the easement consents to it's use as a public easement; 6) The City condemns the easement; c) The property owners in Ponto consent to the formation of an improvement district. It appears unlikely that the easement owner will consent and condemnation is a time consuming and costly process. Consequently it is unlikely that this condition will be met. 2) Compliance to Condition No. 2: This condition is proposed to be amended to allow for a future improve- ment agreement insuring installation of a fire main and hydrant. As noted-in the memo to %he Planning Commission dated January 28, 1975,, a hydrant and water . main cannot be possibly constructed until a water easement or dedicated street is secured. The Fire Chief, in the attached memo, explains that the fire hazard for Mr. Chappee's use is consider- able. The wording of condition #2 would have little bearing on the speed with which the hydrant is in- stalled. Condition No. 2 as it is presently written or as it is proposed to be amended, could not be fulfilled until a water easement or public street is condemned or secured through an improvement district. The proposed wording change would allow Mr. Chappee to meet this condition upon consumation of a future improvement agreement. 3) Compliance to Condition No. 3: This condition limits the height of stacked materials to 20 feet (or roughly 12 feet above the fence line). There is one area within the wrecking yard where the stacked materials are 4 vehicles high, presumably above the 20 foot limit. Staff intends to notify the applicant of this viol ation. -3- .. .. .. ) Compliance to ConGition ,,a. 4: This. concl,,ion requires that landscaping be placed on the project's northeasterly boundary. This condition has not been met. One problem is that the area required to be landscaped is a Southern California Gas Co. Easement. The Gas Company will not allow any- thing to be planted over their easement because of interference of plant root systems with the under- ground pipeline. Also, there is no water to the site which could irrigate any landscaping. Staff believes that because of the height of stacked materials, the landscaping could not effectively screen the usc. Because of this and the other problems noted above, staff believes that this condition cannot be reasonably met. The Commission may wish to delete this condition from the Resolution 5) Compliance to Condition No. 5: This condition re- quires that the parcel split which had illegally occured on the subject property be "resolved". ATTACHMENT : City Council Resolution 3053 Approving CUP 64 Memorandum from Chief Anear DH/vb I 2-6-75 -4- MEMORANDUM . TO: PLANNING DIRECTOR DATE: November 18, 1974 FROM: !FIRE CHIEF SUBJECT: Letter dated October 17, 1974 from Norman Vetter, Attorney. for Mr. Chappee. Currently there are two hydrants in the Ponto -Industrial Area that have been installed on our request by individual property owners. To provide minimum protection there should be 6 hydrants. still a need now for the fire hydrant near Mr. Chappee's place of business. There is We have consistently advocated this entire area be made into an improve- ment district and adequate water mains and hydrants be installed. would proportionately spread the cost of this to all of the benefiting property owners and would "relieve Mr. Chappee of the very heavy fin- ancial burden", as mentioned in Mr. Vetter's letter. Health and Safety Code also establishes an equitable method of doing this. (See enclosure) This Chapter 149 of the If this is done, consideration should be given to the equipment rental yard and the storage yard for the money they expended in installing hydrants. cc: City Attorney NOV 1. g 1974 -.. I ! i 1 i i .i I ... ..... .*. ';I. . J . ' * The Lezi,i~lsture hereby finds and declvev that 3lthOI1Ph Eighth Street is located on the iidopced hiahmay route of Roilte 243, the rlepwrmenc i~ unlike17 to initiate construction within the reasonable future, md florin: an in:erim Period the City of Ranninq has responsibi!icy for consmictiun md muintenme of the existing street Becduse of critical mlfic hnztirdu ;It the esiscin; Eighth ,Street railroad grade crowing in the City of Banning. and because the ciq i;l ' fWUentlY severed by mavin,- and standinq freiaht trains, impairicy adequate fire, police and other eaergency services, it is necvssary that Eighth Stwt be eligible for a ,slide separation allocation as won as possible. SEC. 2. [Grgency statute] Approved and flled July 6,1953. .. .. -, . .- .. Ptll3LIC AGENCIES-FLRE EYDRANTS--CHARGES ,. '. CHAPTER 149 . -, .. ~ .. . - ............. , . SENATE BTLL BO. 4!N . _; .. ... ., -. An act to add Sectlei: 53069.9 iv.tim Governmdntr Coda,. rslating to ffn. hjdrants, and declaring the urgency thereof; to tzke eff,W-irarnediately. LGGISUTIYE- COCNSEL'S DIGEST I . Provides that; any public-a,pxtcp grovldizg w3tfr for fire pro- tection purposes msy lix and collect a chaq.. for inutnlling acd maintaining fire hydlants. Provides for its lev and co!lecrioo. -. .,_ ~ Declares Legislature's intention %ere+_ ,~ . The people of the state of Ciifarnii &&act A follom: . .. .. . ........ .... . .- A ._ ..... _. ... .- ." - . SECTION 1. Section 53269.9 is addm3 to tbe~ GaVekfxt Code, to read: 53069.9. .. , .. *.'-?.,-. .. public. tpncy' prdPidI~g mater .for fire protection purposes may, by ordiilance or rewlution, fiz and tacb pay tbe co~ts of jnstalling ... 1 . . : . I' ... and of maintaining Ere hydrzmts . .- 342 Changes or additions In tort qtv lndleated by underflne . SAY SLX An act ralating to 1 urgancy thamuf, .- D€!CkU@ ntes for q project init! within the t stances, MI levied in tJx ;$ ,; J Any's~lh - ch-. ff~~prs~m~ to 'thls &-un may be made on all Iand wlthh-the publlc aa~cy- to which water. is. made available for ffre protection purposes. The le$Aatim body of the' zgency -which fisB sa& a char_* may eshblish s&&des va-g the &aim in. &if&m.it locirlities within. the agency. . depeoding . on the--actu&- casL, of:.installing:yxh maintaining. the- fire hydrants. Suck charps-mr b&:collected at the same;-time and in the same maimer m other.water--&tes .or '&- Coilected.; manner as may-be de ter&ined by- t$e age3 Lic'~,gx~cy, or-h any other I .... . -.- . ....... .. _. ...... - ......... . . .... -.-... r - :...&- , ,-... -. .- ... ._.u . 9 that this actis dedmrory r .. .... ... -1. .: _-- SECL 2-' The.-Legislatrrre hereb+Bn&.,an ,...-. -.-- I. SEC.'Z The. LegislaNrc; re^. that it is. the Lnt&tlon . 02 the Lcgizlature that thls a limitation npon the right of any public. n.gency providing retail:,water service to impose additional chw for cosp nttributable tw other water-wrvlces necessary to maintain and provfde for an adequate systemof are protectior~:. .... ..... ... - .- .. .. :. .. . .- ;:. >-. ' . . - c. SEC.. 4. [Crgenc~'measureJ >... ;, .."&:'... .4<. . -.. ' ApQrOVed and flkd July 8,18713. The psopb of ths5 SECTION 1. drt 4 of DirtSon 1 oe t a:iy project- initiate Colma Cme'k- Flood s:?cl:? projet Is ado: time :S a,Tre,gate i 'IC0,OiM) haTe befi I p urs urn t to- Swtion Chspter 1294 of the E SEC. 3. The Leg the Shmtes. of .102 Legislature, bg Chap a limited tax. The oug nxthoriry rw tt tior: wns inxl7eKear !Went or Chapter 12 SEC. 2- [Ergem7 Approved a3n filec; .- - .... ...... .... - ......... --.. .... . - .- ....... .. --- ........ .r:.*.. ............ - *%"--!. delrtloni hy astarfsl t