HomeMy WebLinkAbout1983-05-17; City Council; 7353-1; Auto yard Declaration of Public NuisanceF CARLSBAD — AGENDA JILL
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MTR 5/17/83
OPPT. PLN
TITLE: DECLARATION OF PUBLIC NUISANCE AND
ORDER FOR ABATEMENT - AUTO WRECKING
YARD - 7200 PONTO DRIVE.
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CITY ATlVffi(j\
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Refer to City Attorney to prepare a resolution declaring that the
use located at 7200 Ponto Drive is a public nuisance and ordering
that the use be abated by the property owner by August 17, 1983
or the City will abate the use and charge the expense to the
property owner.
ITEM EXPLANATION
The purpose of this item is for the City Council to determine
whether the Chappee Auto Wrecking Yard located at 7200 Ponto
Drive is a public nuisance. The wrecking yard was approved by
Conditional Use Permit 64 for a maximum ten year period which
expired on January 16, 1983.
The Council should consider the evidence contained in the
attached staff report and any additional evidence presented at
the public hearing. The staff report contains an analysis of the
background and the land use issues pertaining to this matter.
If the Council determines the use to be a public nuisance based
upon the evidence, it will then be necessary for the Council to
set a date for the property owner to abate the use. Staff is
recommending three months. If the property owner does not abate
the use on or before that date, the City then has the authority
to abate the use by private contract or City employees and charge
the expense to the property owner.
ENVIRONMENTAL REVIEW
None required.
FISCAL IMPACT
None. The property owner is financially responsible for abating
the use as a public nuisance.
EXHIBITS
1. Staff Report to the City Council dated May 17, 1983
2. Ponto Area Map
3. Map showing Developed and Approved Projects - 1973
4. Map showing Developed and Approved Projects - 1983
5. Zoning Map
6. General Plan Map
STAFF REPORT
DATE: May 17, 1983
TO: City Council
FROM: Land Use Planning Office
SUBJECT: CHAPPEE AUTO WRECKING/PUBL1C NUISANCE HEARING
On January 16, 1983, the 10-year conditional use permit (CUP-64)
allowing the operation of the Chappee Auto Wrecking facility on
Ponto Drive expired. Since the zoning in the area is multiple
density residential (RD-M), which does not allow such industrial
land uses, this conditional use permit was the only mechanism
allowing the facility to operate.
This permit was granted when the area known as Ponto (including
the Chappee property) was zoned industrial (M). Upon granting
the conditional use permit, in 1973, the City Council placed a
10-year expiration date on the use, recognizing the probability
that this south Carlsbad coastal area would eventually become
prime residential property.
This report is intended to provide a background on how the
wrecking yard came to be, an analysis of land use changes and
transitions that have occurred during this period, and why the
use constitues a public nuisance. Our office has noted that the
area surrounding Ponto is maturing to the point where permanent,
desirable land uses are being hindered by remnant, temporary
industrial uses. While our office is actively pursuing abatement
of all non-conforming uses in Ponto, Chappee wrecking yard is
presently a high priority because of its prominence in the area,
and the fact that its permit has expired.
Since Mr. Chappee has been sent several notices to remove the
wrecking yard and has not done so, the City Attorney's Office has
recommended that public nuisance abatement proceedings (per
Municipal Code Section 6.16) would be the most desirable
procedure to accomplish this task. As such, we submit the
following information for City Council consideration, to make a
judgement as to whether the land use constitutes a public
nuisance. The information is provided in three parts:
I. Origin and Background Information
II. Land Use Changes in the Area; and
III. Planning Analysis
These last two sections are very important in the determination
of the existence of a public nuisance.
I. Origin and Background of Chappee Auto Wrecking Yard
As near as our staff can determine, Mr. Chappee purchased the
property upon which the wrecking yard is located in 1969. At
this time the property was zoned industrial (M). Auto wrecking
facilities are allowed in M zones upon approval of a conditional
use permit. In January, 1970, Mr. Chappee applied for a building
permit to construct a perimeter fence around his property and
establish an auto wrecking facility. While no approvals for the
use were given, the Building Department approved the fence. Mr.
Chappee then began placing auto wrecking machinery and related
vehicle parts on the property.
In June, 1972, Mr. Chappee submitted an application for a
conditional use permit to allow the auto wrecking facility. The
Planning Commission denied this request at a public hearing
(Planning Commission Resolution No. 810) based on the findings
that 1) the area is in a state of transition (industrial to
residential); 2) the area is under active general plan review,
and 3) this land use was not in conformance with the existing
general plan (showing medium density residential, 22-47 du/ac).
It should be noted that, by this time, the wrecking yard was in
full operation.
In November, 1972, Mr. Chappee appealed the Planning Commission
denial to the City Council. Discussion at the City Council
meeting centered around an illegal lot split (creating a lot with
no legal frontage) that had previously been performed on the
property by Mr. Chappee, and whether a 5, 7, or 10 year permit
would be most appropriate. Mr. Chappee argued for a period of
"at least 10 years". The City Council stated their intention to
approve the operation for a period of 10 years and returned the
item to the Planning Commission for consideration of conditions.
The Planning Commission subsequently reaffirmed their earlier
denial.
On January 16, 1973, the City Council granted the conditional use
permit (City Council Resolution No. 3053) for a 10 year period
based on the findings that:
1) Approval will carry out the intent of the zoning ordinance;
2) The use will not be detrimental to the surrounding area;
3) The use has in fact been in existence for a period of years;
and
4) The owner has encouraged to proceed with fencing expenditures
.(approval by Building Department).
The approved conditional use permit was then conditioned that:
1) The applicant would enter into a future street improvement
agreement for the Ponto easement access;
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2) He would install a water main and fire hydrant;
3) Stacked vehicles would not exceed 20 feet in height;
4) He would landscape the northeast boundary of the site (in
view of the recently approved Lakeshore Gardens Mobile Home
Park); and
5) He would resolve the illegal lot split.
During this time, the State Legislature passed AB 1301 which
requires general plan and zoning consistency throughout cities.
To resolve the areas of inconsistency (Ponto was one), the City
Council set up a citizens committee to address the problem. In
each case, either the zoning could be changed to conform to the
general plan, or the general plan could be changed to conform to
the zoning. This committee, along with City staff, recommended a
rezoning of Ponto to conform with the general plan. In February,
1974, the City Council approved a zone change (Ordinance No.
9382) to multiple density residential (RD-M) in the Ponto area.
Chappee Auto Wrecking now became legally non-conforming.
While Mr. Chappee did enter into a future street improvement
agreement with the City to satisfy conditional use permit
condition no. 1, satisfaction of the remaining conditions was
delayed for some time.
After threats by the City to consider revocation of the
conditional use permit due to failure to satisfy condition no.
2, Mr. Chappee asked the Planning Commission, in October, 1974,
to consider a modification of this condition to allow for a
future water main and fire hydrant agreement, instead of simply
requiring them to immediately be installed. Mr. Chappee
maintained that the cost at this time would be prohibitive and
tht he would like to share the cost with future businesses in the
area. Despite warnings from the City Fire Chief that fire
protection for the area was poor, the Planning Commission
(Planning Commission Resolution No. 1135) and City Council both
approved this agreement.
By late, 1974, the circumstances surrounding Chappee Auto
Wrecking were as follows:
1) The lot had been illegally split, and a portion sold off,
with no remedy of this situation;
2) There were no water or sewer lines to the property (continues
today);
3) The site was accessed by an unimproved easement (continues
today);
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4) On the east side of the site there was a gas company easement
upon which Mr. Chappee's fence encroached. This company will
not allow landscaping as required per conditional use permit
condition no. 4 (continues today);
5) The use did not conform with the general plan designation of
residential (continues today);
6) The project did not conform with the state mandated
conditional use permit finding that the use is in harmony
with the general plan (continues today).
To address these problems, in January, 1976, the City Manager
directed the staff to set a Planning Commission hearing on
possible non-compliance with conditions involving executing
necessary future agreements, paying fees, and recording a parcel
map. Upon recommendation from the City Engineer, at the Planning
Commission meeting, the Commission withdrew the non-compliance
hearing from the agenda after Mr. Chappee had decided to met
these conditions.
Since this time, it has occasionally been brought to Mr.
Chappee's attention that the conditional use permit allowing his
use expires in January, 1983. To this date, there has been no
apparent attempt to comply with this requirement. Our office
believes that Mr. Chappee should be held to his agreement to a
10-year permit. Since an auto wrecking yard is not a permitted
use in an RD-M zone under any circumstances (per the zoning
ordinance), staff could not recommend an extension of this
conditional use permit.
A list summarizing the chronological history of the wrecking yard
is attached to this report.
II. Land Use Changes in the Ponto Area
From an overall land use perspective, Chappee Auto Wrecking and
the other Ponto industrial uses, sit in the center of a semi-
circle of future medium-high and medium density residential uses,
complemented by a commercial and tourist corridor at the I-5/
Poinsettia Lane interchange. To the west is the scenic south
Carlsbad State Beach, and to the south, Batiquitos Lagoon.
The general plan designates the higher density residential uses
on the most desirable property (including Ponto), nearer the
beach, with the densities reduced as one goes east. Much thought
was put into this pattern and it is a good planning concept.
There have been much fewer requests for land use changes in the
southwest Carlsbad area than in other areas of the City. Our
office believes that one day this could be one of the finest
residential areas of the City.
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Properties in this area are generally large, with individual
owners. This fact lends itself to the development of larger,
well-planned communities, with less haphazard, unbalanced
development. Ponto is the single portion of this area with small
lot, separate owners.
Over the last 10 years, there has been significant action by
these large property owners toward development of the area.
During this time, the following projects have been approved or
are pending approval (some discretionary, but not final,
approvals have been granted):
1) Sammis (Batiquitos Pointe) - 354 condominium units
2) Seabluff - approximately 550 condominium units
3) Lakeshore Gardens - 393 mobile home units
4) Lusk rezone request - to RD-M
5) Jewett/Smith - 22 acre commercial center
6) Jewett/Smith - 23 acre travel service/commercial center
7) Jewett/Smith - 5 acre neighborhood commercial site
8) Plaza Builders - 300 condominium units
9) Lanikai Lane - 140 mobile home units
10) Pacesetter Homes - 260 condominium units
11) Standard Pacific - 584 condominium/single-family units
12) Spinnaker Hills - 307 single family units
13) Poinsettia Bridge across railroad tracks.
The locations of these projects are shown on the attached map
entitled "developed and approved projects 1983"
In 1973, when Mr. Chappee's conditional use permit was approved,
the area was quite different. Development included:
1) Lakeshore Gardens (1st phase) - 200 mobile home units
2) One kennel operation (exists today)
3) One bar, known as "The Boomerang"
4) One sanitation operation (exists today)
5) One tomatoe packing warehouse (exists today)
6) One concrete plant
-5-
Even if an auto wrecking use was compatible with land uses in
1973, it is readily apparent that it no longer is. Planning and
development of the area, according to the City's General Plan, is
surrounding Ponto.
Ill. Planning Analysis
This is the first land use public nuisance abatement proceeding
that the City Council has addressed. As such, our office
believes it is important to clearly state the disadvantages of
allowing this use to continue.
Staff has received complaints from surrounding property owners
due to unsightliness, extreme fire hazard, and lack of security,
which encourages tresspassing and theft of auto parts. It is
readily apparent that the property is an eyesore. It can be
viewed from Carlsbad Boulevard (an eligible scenic highway), and
by passengers on Amtrak. Properties to the east and south (some
with existing mobile homes or approved condominium maps) have a
view of the site, along with motorists on the to-be-constructed
railroad crossings to the north and south of Ponto.
Discussions with the California State Fire Insurance Commission
have indicated that auto wrecking uses are among the most
difficult and expensive land uses to insure. As a result, most
are not insured. The neighbors, however, who must insure their
structures and property, must pay much higher premiums to do so.
This is a result of the fact that combustible material (gas
tanks, etc.) are stored throughout the property. The Fire
Department has indicated a 5-minute response time from the
closest station (no. 2, La Costa).
The Police Department has revealed that they are often called to
respond to burglary problems at the wrecking yard. Neighbors are
also concerned about the attraction of these types of people to
their neighborhood. A further problem is that dismantled
vehicles are often left in the easement, and not within the
confines of the fence. Others who use the easement are incon-
venienced.
The RD-M zone is a zone created to provide for multi-family
planned developments, in this case, 10-20 du/ac. The property to
the south of Ponto has recently been prezoned to this zoning.
Property to the north is zoned planned community (P-C). All of
these zones are guided by development standards and design
criteria of the planned development ordinance. This ordinance is
an important planning tool which allows flexibility in site
design, and encourages creatively designed projects which are
compatible with surrounding projects. The flexibility of site
design for projects in the area that have yet to be planned will
be extremely constrained by site planners seeking to avoid the
impact of an unsightly wrecking yard next door. The problem is
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7
compounded if the yard happens to be in the view corridor to the
ocean. As a result/ it is quite possible that the design of
permanent residential projects could be harmed by this
"temporary" industrial use. In addition, by any planning
standards, auto wrecking yards are considered totally
incompatible with residential uses, particularly in a scenic
seaside community such as this. Our office belives this is an
opportunity to eliminate this incompatibility.
Our office is actively pursuing abatement of all non-conforming
uses in the Ponto area. Coast Waste Management is allowed to
operate through a similar conditional use permit which contains a
March, 1985 expiration date. They have been in close contact
with our office in searching for a site for their facility in an
industrial zone. We are confident that their use will be moved
from the Ponto site by their expiration date at the latest. In
addition, we have been in contact with the City Attorney's Office
on setting abatement dates for the other industrial uses in the
area. We are presently preparing a report to the City Council on
our findings. Mr. Chappee's use is the first on the list simply
because his permit to operate has expired, and, in our view, his
use is the least compatible with residential uses, of any in the
area.
Attachments
1) History of Chappee Auto Wrecking
2) Ponto Area (existing)
3) Map, developed and approved projects, 1973
4) Map, developed and approved projects, 1983
5) Zoning Map
6) General Plan Map
PJK:ar
5/6/83
HISTORY OF CHAPPEE AUTO WRECKING YARD
September 8, 1964 - Ponto area annexed into City of Carlsbad
zoned R-1 (single-family residential). Property to eventually
be owned by Chappee, vacant. Surrounding properties in Ponto
area included:
1) Five residences
2) One kennel operation
3) One bar, known as "The Bommerang"
4) One sanitation operation
5) One tomatoe packing warehouse
December 24, 1964 - Ponto property owners apply for change of
zone from R-1 to M (Industrial) and C-M (Heavy Commercial).
January 12, 1965 - Planning Commission denies change of zone
based on following findings:
1) Incompatible with future residential uses in area.
2) Proximity to Batiquitos Lagoon which is proposed as
harbor.
3) New freeway being constructed to east making coast
highway a local street.
4) Rezone would be detrimental to surrounding property
values.
March 16, 1965 - City Council approves rezone (Resolution No.
1112) on appeal based on following findings:
1) Present uses are best at present time.
2) Any future alternative zoning should be considered
in future based on changing economic conditions.
Late, 1969 - Chappee purchases property
January 26, 1970 - Chappee applied for a building permit to
construct a fence and establish an auto repair facility. Fence
approved by Building Department. No approvals for use.
April 7, 1970 - Chappee applies for variance to allow parcel
split to accommodate two parcels on private easements. Variance
required because of restriction that all newly-created lots must
front on public street.
September 15, 1970 - City Council approves Municipal Code
Amendment (Ordinance No. 9252) requiring many uses by
conditional use permit only. Auto wrecking yards among those
requiring conditional use permit allowed in M zones only.
October 13, 1970 - Planning Commission denies parcel split
variance.
December 1, 1970 - on appeal, City Council approves parcel split
variance subject to conditions (City Council Resolution No.
1809).
February 9, 1971 - parcel map submitted to Engineering
Department.
April 5, 1971 - Engineering Department returns parcel map for
corrections.
June 2, 1972 - Chappee submits conditional use permit
application for auto wrecking business.
August 22, 1972 - Planning Commission denies conditional use
permit (Resolution No. 810) based on findings as follows:
1) Area is in state of transition
2) Area is under active general plan review
3) This land use not in conformance with existing
general plan.
August 28, 1972 - Chappee appeals Planning Commission
conditional use permit denial.
September 19, 1972 - City Council considers appeal of
conditional use permit and continues hearing to October 3 to
allow time for Chappee to correct illegal lot split.
October 3, 1972 - appeal of conditional use permit continued to
November 8, 1972 because of illegal lot split problems.
October 18, 1972 - City grants permit to occupy for first phase
of Lakeshore Gardens Mobile Home Park, east of Ponto area.
November 8, 1972 - Chappee requests and is granted continuance
on appeal to November 21, 1972.
November 21, 1972 - City Council states intent to grant
conditional use permit appeal. Returns to Planning Commission
for conditions.
December 13, 1972 - Planning Commission reaffirms denial
position for same reasons as previously.
January 16, 1973 - City Council grants conditional use permit
for 10-year period subject to conditions (Resolution No. 3053):
1) Enter into future street improvement agreement
2) Install water main and fire hydrant
3) Stacked vehicles not exceed 20 feet in height
4) Landscape northeast boundary of site
5) Resolve parcel split problem
November 6, 1973 - General Plan Land Use Citizens Committee
(formed to identify and recommend solutions to areas where
zoning and general plan designations are inconsistent)
recommends rezoning of Ponta area to conform to general plan
designation to satisfy state law (AB 1301).
January 8, 1974 - Planning Commission approves change of zone
for Ponto area from M (Industrial) to RD-M (Multiple Density
Residential) (Resolution No. 1032). This zoning does not allow
auto wrecking uses.
January 15, 1974 - Chappee and City enter into future street
improvement agreement to satisfy conditional use permit
condition no. 1.
February 19, 1974 - City Council approves change of zone to RD-M
(Ordinance No. 9382). Chappee auto wrecking use becomes legal
(through approved conditional use permit) non-conforming.
October 17, 1974 - Chappee requests modification of conditional
use permit condition no. 2 to allow for a future water main and
fire hydrant installation agreement.
December 12, 1974 - City grants permit to occupy for second
phase of Lakeshore Gardens Mobile Home Park.
February 11, 1975 - Planning Commission approves amendment to
conditional use permit to revise condition no. 2 to allow for
future water main and fire hydrant installation agreement
(Resolution No. 1135).
March 4, 1975 - City Council public hearing on conditional use
permit amendment continued to March 18, 1975 to allow city time
to contact adjacent property owner in regards to acquiring a
water easement.
March 18, 1975 - City Council approves conditional use permit
amendment as outlined by Planning Commission Resolution No.
1135.
January 2, 1976 - City Manager directs staff to set Planning
Commission hearing on Chappee non-compliance with conditional
use permit conditions involving executing necessary future
agreements, pay fees, and record a parcel map. Chappee notified
by mail.
January 14, 1976 - upon recommendation from City Engineer, the
Planning Commission withdraws conditional use permit non-
conpliance hearing off agenda, advised that conditions now met.
October 22, 1980 - inquiry from Senator Craven's Office, on
Chappee behalf, asking terms and expiration date of conditional
use permit. Information supplied by mail.
-3-
September 29, 1982 - Chappee notified by mail of impending
expiration (January 16, 1983) of conditional use permit.
December 14, 1982 - Chappee notified second time of impending
expiration of conditional use permit.
February 25, 1983 - Chappee notified by mail that conditional
use permit expired and auto wrecking yard must be removed
immediately.
March 15, 1983 - City Council approves 354-unit Batiquitos
Pointe (Sammis) condominium project immediately south of Ponto.
April 19, 1983 - City Council adopts resolution of intention
(Resolution No. 7195) to hold public hearing on Chappee wrecking
auto nuisance abatement.
PJK:ar
5/6/83
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PON fO AREA (EXIS.ING)
CHAPPE
AUTO
WRECKI
PACIFIC
OCEAN
13
DEVELOPED ot APPROVED PROJECTS 1973
\ -CHAPPEE
\ AUTO WRECKING
\
\
\
\\\\
PACIFIC OCEAN
DEVELOPED & APPROVED PROJECTS 1983
STANDARD
PACIFIC
UNITS
SPINNAKER
HILLS
507UNITS
LANIKAI LANE
140 UNITS
PACESETTER
HOMES
UNITS
JEWETT
SMITH
ICOMMERICALI
LAKESHORE
GARDENS
39 3 UNITS
JEWET
SMITH
COMMERICAL]PLAZA
BUILDERS
300 UNITS
\ -CHAPPEE
\ AUTO WRECKING SAVAGE
4CO UNITS
(PENDING]
SEABLUFF
ASSOC.
UNITS
PACIFIC OCEAN
-M
PONTO
AREA
ZONING MAP
EXISTING
PONTOU
AREA
GENERAL PLAN MAP
EXISTING 17
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NOTICE OF PUBLIC HEARING
ABATEMENT OF NUISANCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 6:00 P.M., on Tuesday, May 17, 1983, to consider
whether or not the condition at 7200 Ponto Drive, Carlsbad, California,
constitutes a public nuisance.
APPLICANT:
PUBLISH:
City of Carlsbad
May 7, 1983 CARLSBAD CITY COUNCIL
SITE
7200
PONTO DR
PACIFIC
OCEAN
LOCATION MAP
WRITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM
TO
C.
M.
JEPLY ON THIS SHEET
DATE
A.M.
19 P. M.
FROM
V1LMER -SIRVICC" U.ME STANDARD INTER DEPT. MEMO FORM 11-24-PD
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
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
NOTICE OF PUBLIC the city counci, chafer,, 12oo next Receding the date of Publication of the
"'- - - ' notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Elm Avenue, Carlsbad, California,
at 6:00 P.M. on Tuesday, May 17,
1983, to consider whether or not the
condition at 7200 Ponto Drive,
Carlsbad, California, constitutes a
NOTICE IS HEREBY GIVEN that public nuisance,
the City Council of the City of Carls- Applicant: City of Carlsbad
bad will hold a public hearing at CARLSBAD CITY COUNCIL
HEARING
ABATEMENT OF
NUISANCE
SITE
PACIFIC
OCEAN
LOCATION MAP
.Kay. .7-... 198.3
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 lh£..-Z±l)
day of May—iQB-5
Clerk of the Printer
CJ S333: May 7,1983
LAW OFFICES
O'NEAL. READY. YEOMANS SL BARON
THE COURTYARD
2741 VISTA WAY, SUITE EOS
JAMES E. O'NEAL OCEANSIDE, CALIFORNIA 92O54JAMES S. READY. JR. TELEPHONE
PETER L. YEOMANS (e|9) 72I_5533
CHARLENE S. BARON
May 17, 1983
Mr. Vincent F. Biondo, Jr.
City Attorney
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: Eugene C. Chappee/City of Carlsbad Agreement
Dear Mr. Biondo:
Please find enclosed the original and two (2) signed copies of the agreement
between the City of Carlsbad and Mr. and Mrs. Chappee.
Please have Mayor Casler execute all three agreements upon approval by the
City Council, and provide me with two signed copies.
During the course of the administration of this agreement, I would appreciate
being advised by your office or the Director of Building and Planning, of any
problems with the compliance with this agreement of Mr. Chappee. If problems
do arise, I feel that I have sufficient control to solve them inmediately
without undue expense of either the city staff or iry clients.
I want to thank you for the cooperation your office and the other city staff
people have given me and my clients during the negotiations and preparation
of the enclosed documents.
Sincere!
GEO/rf
enclosure
AGREEMENT
An agreement between the CITY OF CARLSBAD, a California
Municipal Corporation, and EUGENE C. AND MARGARET M. CHAPPEE
("Chappee").
RECITALS
WHEREAS, Eugene C. and Margaret M. Chappee own and have
operated an automobile wrecking yard located at 7200 Ponto Drive
(assessor's parcel 214-160-28) ("yard") in the City of Carlsbad
pursuant to conditional use permit CUP-64; and
WHEREAS, CUP-64, the permit under which the yard is operated,
expired on January 16, 1983; and
WHEREAS, the property is presently general planned and zoned
for multiple density residential which does not permit the continuance
of the yard either as a permitted or conditional use; and
WHEREAS, under the terms of CUP-64 and the ordinances of the
City of Carlsbad, Chappee has no right to continue operation of the
yard and is obligated to stop such operation and remove the yard; and
WHEREAS, after failure to respond to notices of expiration
dated September 29 and December 14, 1982 and February 25, 1983 the
City Council, at their meeting of April 19, 1983, adopted Resolution
No. 7195 declaring that the yard constituted a potential public
nuisance and setting a public hearing for May 17, 1983 to consider
whether or not the yard constituted a public nuisance and if they so
found to consider ordering it to be abated at the expense of the
persons creating it; and
WHEREAS, Chappee has agreed to remove the yard and has asked
that the hearing not be held.
Now, therefore, in consideration of the recitals and of the
mutual covenants of the parties established by this Agreement, City
and Chappee agree as follows:
1. That the recitations set forth above in this Agreement
are true and correct.
2. Chappee will stop operating a wrecking yard business at
the yard. No new materials will be brought into the yard and Chappee
will remove the yard and all materials in accordance with this
Agreement. Any further use of the property shall be limited to
residential.
3. This Agreement is effective immediately if approved by
the City Council at their meeting of May 17, 1983. Removal of the
yard shall be complete no later than November 30, 1983. Removal means
complete clearing and hauling away of all junk, wreckage, parts,
automobiles, metal, tires and all other materials of whatever nature
from the site. The existing wall may remain provided the gates on the
wall are removed and replaced with a sturdy and secure chain link gate
allowing the inside of the yard to be viewed from the street.
Installation of the new gate shall be completed prior to November 30,
1983.
4. One sixth of the materials referred to in paragraph 3
shall be removed during each of the six months between June 1, 1983
and the November 30, 1983 date for complete removal. Everything above
the level of the top of the wall shall be removed within the first
month of the Agreement. The Director of Building and Planning shall
have the right to inspect the site to insure removal is progressing as
provided in this Agreement. On the 1st of each month Chappee shall
give the Director of Building and Housing a list of the materials to
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be removed during the next 30 day period. Upon receiving that list
the Director shall verify that the materials to be removed for the
previous month have, in fact, been removed. If at any time the
Director of Building and Planning determines that the yard and
materials are not being removed in accordance with this Agreement he
shall immediately report that fact to the City Council. The City
Council shall have authority to determine that Chappee is in default
of this Agreement and to order the immediate removal of everything
remaining on site.
5. Since Chappee by the execution of this Agreement has
agreed to remove the yard and bring his property into compliance with
the zoning ordinances and the terms of the permit, there is no useful
purpose to be served by holding the hearing at this time and it will
be cancelled.
6. Pending future development of the site in accordance with
the City of Carlsbad General Plan and Zoning Ordinances the wall may
remain provided the area inside the wall and the area outside and
around the wall are maintained by Chappee in a neat and clean
condition satisfactory to the Director of Building and Planning. If
he determines it is not being so maintained he shall report that
failure to maintain to the City Council. The City Council shall have
the sole authority to determine that this Agreement to maintain has
been violated and may order the immediate removal of the wall.
This Agreement is executed on the date first noted above:
Attest: City of Carlsbad
City Clerk Mayor
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Approved as to Form:CHAPPEE
City Attorney MAR^HRET M. CHAPPEE
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