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HomeMy WebLinkAbout1984-03-06; City Council; 7353-2; Declaration of Public Nuisance and order. - -. f- "5 y x -i GIT; OF CARLSBAD - AGENDA JILL (/6 AR« 7j^:?-j_ MTG 3/6/84 DPPT PLN TITLE: DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - AUTO WRECKING YARD - 7200 PONTO DRIVE. DEPT. HD.MU_\j CITY ATTY (/^ CITY MGR.^^21 ouu Oceo_ DL. O§ o oo RECOMMENDED ACTION: Adopt Resolution No. "7-SlR 7 t declaring that the Chappee's breached their agreement to remove their wrecking yard, and, further to declare that the use located at 7200 Ponto Drive is a public nuisance and ordering that the City 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. On May 17, 1983, the owner of the wrecking yard agreed to clean the yard of junk materials within a 6-month time period. The City Council subsequently increased this period to 9-months, expiring on February 29, 1984. The wrecking yard continues to be crowded with junk materials. The Council should consider the evidence contained in the attached staff reports and any additional evidence presented at the public hearing. The staff reports contain 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, staff recommends the property owner be noticed that the City will abate the use by private contract or City employees, and that the expense will be charged to the property owner. EXHIBITS 1. Resolution No. f7<S~3. *7 2. Staff Report to City Council dated March 6, 1984 3. Agreement between City of Carlsbad and Eugene Chappee 4. Staff Report to City Council dated May 17, 1983, with attachments • Q CD 0):. BIONDO. JR.• CITY OF CARI.M AVENUE.IFORNIA 92008»*• — j _jK > m < " £ § 9? s s i 3 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.7527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FINDING THAT A PUBLIC NUISANCE EXISTS ON PROPERTY AT 7200 PONTO DRIVE IN THE CITY OF CARLSBAD, DIRECTING THAT THE OWNER OF SAID PROPERTY ABATE SAID NUISANCE, THAT THE NUISANCE BE ABATED AT THE OWNER'S EXPENSE, DECLARING THE BREACH OF AN AGREEMENT BETWEEN THE PROPERTY OWNER AND THE CITY OF CARLSBAD AND DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE ACTION TO ENFORCE THE ABATEMENT ORDER OR THE CONTRACT OR ENJOIN THE NUISANCE. WHEREAS, the Land Use Planning Office has alleged that a public nuisance exists on property located at 7200 Ponto Drive in the City of Carlsbad owned by Eugene C. and Margaret M. Chappee; and WHEREAS, on April 19, 1983 the City Council of the City of Carlsbad adopted Resolution No. 7195 setting a public hearing regarding nuisance abatement for May 17, 1983; and WHEREAS, notice of said public hearing was given as provided by law; and WHEREAS, on May 17, 1983 at the request of the property owners who presented the Council with a written agreement to remove the yard, the hearing was continued to July 5, 1983, and subsequently continued to August 2, 1983, September 6, 1983, October 4, 1983, November 1, 1983, December 6, 1983, January 3, 1984, February 7, 1984 and, finally to March 6, 1984; and WHEREAS, at its April 17, 1983 meeting the City Council of the City of Carlsbad approved an agreement between the City o Carlsbad and Eugene C. and Margaret M. Chappee whereby the Chappees agree to remove the wrecking yard from their property located at 7200 Ponto Drive and to bring the property into compliance with the zoning ordinances of the City of Carlsbad; and ec 5 3 iliiHu. • 5 D._ > LU < a 1 WHEREAS, based on the evidence presented at the 2 continued public hearings, including the public hearing held on 3 March 6, 1984 it has become apparent to the City Council that 4 the Chappees do not intend to comply with the terms and 5 conditions of their agreement with the of Carlsbad; and Q WHEREAS, notice of the continued public hearings has 7 been given as required by law; and 8 WHEREAS, special notice of the continued public hearing 9 on March 6, 1984 has been given; and 10 WHEREAS, on March 6, 1984 the City Council held a 11 continued public hearing at which all interested persons were 12 heard and received evidence regarding the existence of a public 13 nuisance at 7200 Ponto Drive, 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of 15 the City of Carlsbad as follows: 16 1. That the foregoing recitations are true and 17 correct. 18 2. That Eugene C. and Margaret M. Chappee have 19 breached their agreement which was approved by the City Council 20 on May 17, 1983 to remove the wrecking yard and to bring their 21 property at 7200 Ponto Drive into compliance with the zoning 22 ordinances. 23 3. That a public nuisance is found to exist on 24 property located at 7200 Ponto Drive in the City of Carlsbad. 25 4. That the condition which constitutes a public 26 nuisance is maintenance of a wrecking yard on property located 27 at 7200 Ponto Drive (assessor's parcel number 214-160-28) 28 -2- I § - u2 u= ^9 o 2 -Z w UJ z ii*6u. • 3 j -3 ec 8 Qs 1 2 3 4 5 6 7 8 9 10 11 12 13 16JLU 17 is 19 20 21 22 23 24 25 26 27 28 contrary to the provisions of Title 21 of the Carlsbad Municipal Code. 5. The owners of the property located at 7200 Ponto Drive are responsible for creating, causing, committing, and maintaining said nuisance. The persons responsible for creating, causing, committing, and maintaining said nuisance are ordered to abate such nuisance on or before April 6, 1984. If said public nuisance is not abated on or before such date the City Manager is authorized to cause the abatement thereof and the expense of abatement shall constitute a lien against the subject property and of personal obligations against the owners of subject property. 6. The City Attorney is authorized and directed to take any legal action appropriate and necessary to enforce this resolution or the agreement between the City and the property owners or to abate and enjoin said public nuisance. PASSED, APPROVED AND ADOPTED at a regular meeting of th Carlsbad City Council held on the 6th day of March 1984 by the following vote, to wit: , AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST: MARY H.^CASLER, Mayor ctA*; K. ALETHA L. RAUTENKRANZ, City STAFF REPORT DATE: March 6, 1984 TO: City Council FROM: Land Use Planning Office SUBJECT: CHAPPEE AUTO WRECKING ABATEMENT At the May 17, 1983 City Council meeting, the Council considered evidence as to whether Chappee Auto Wrecking constituted a public nuisance. At Mr. Chappee's request, the Council agreed to postpone declaring the property a public nuisance, in return for Mr. Chappee's agreement to remove all wrecking yardjunk materials within a six month time period. This written agreement is attached as Exhibit "A". A few months later, when it became clear that drainage problems on the site would preclude the possibility of clean-up within the agreed upon period, Mr. Chappee requested, and was granted a 90-day time extension. This extension expired on February 29, 1984. During this 9-month period, staff has monitored Mr. Chappee's progress weekly. While a substantial amount of junk materials have been removed from the yard, approximately 1/3 to 1/2 of the materials remain. In the monthly report to the City Council, staff has consistently recognized Mr. Chappee's slow but steady work. The job is large, though, and it has now become apparent that Mr. Chappee does not intend to respect the time deadline as set in his agreement with the City. As such, staff recommends that the City Council declare Chappee Auto Wrecking a public nuisnace, and abate the nuisance by whatever legal means the City Attorney's Office feels is appropriate. Attached Exhibit "B" gives background information on the wrecking yard, the surrounding area, and information pertinent to the determination of the existence of a public nuisance. Photographs of the site will be exhibited at the Public Hearing. Mr. Chappee and surrounding property owners have been properly notified of the hearing. PJK:bw 2/21/84 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 Page 2 of 4 provided in this Agreement. On the 1st of each month Chappee shall give the Director of Building and Planning a list of the materials to 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 continued until July 5, 1983. At that time if the Council determines that the material has been removed as required by this Agreement the hearing will be continued for an additional thirty days to again verify if the material has been removed; and so on until the material has been completely removed. If the Council determines at the hearing on July 5, or any continued date for such hearing, that the material is not being removed as required by this Agreement the Council may proceed with the hearing and decide whether or not the yard constitutes a public nuisance or may declare a breach and seek specific performance of Chappee's obligation under this Agreement to remove the material or pursue any other remedy available under the law. Page 3 of 4 p 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 Clerk m: ity Attorney City of Carlsbad Mayor EUGEN Page 4 of 4 STAFF REPORT DATE: May 17, 1983 TO: City Council FROM: Land Use Planning Office t SUBJECT: CHAPPEE AUTO WRECKING/PUBLIC 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; -2- 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); -3- 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 a/i 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. -4- /3 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): i 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- H 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. III. 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. i 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 -6- 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) PonttJ Area (existing) 3) Map, developed and approved projects, 1973 4) Map, developed and approved projects, 1983 5) Zoning Map 6) General Plan Map PJKrar 5/6/83 -7- 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. 17 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 5f 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 -2- /r 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 -4- (2 PON rO AREA (EXIS i ING) CHAPPE AUTO WRECKI PACIFIC OCEAN DEVELOPED & APPROVED PROJECTS 1973 LAKESHORE GARDENS 200 UNITS \ -CHAPPEE \ AUTO WRECKING v\\\ \\\\\ PACIFIC OCEAN DEVELOPED ^APPROVED PROJECTS 1983 V LANIKAI LANE IV 140 UNITS o^ JEWETT* SMITH COMMERICALI JEWETT- SMITH ICOMMERICALI LAKESHORE GARDENS 313 UNITS PACIFIC OCEAN STANDARD PACIFIC UNITS PACESETTER HOMES 2fc<? UNITS JEWETT PLAZA BUILDERS 300 UNITS SPINNAKER HILLS SorUNITS CHAPPEE \ AUTO WRECKING \\ SEABLUFF ASSOC. UNITS SAVAGE 400 UNITS ^PENDING) (PENDING! ONDAS \ C-2- \I .1 Ltj. RD-M P-C' PONTO AREA C-2-Q^ w rA,\. K, \ RD-M-, -Q1 ZONING MAP EXISTING ^/Atv) \~~\k \ J "^T1\, nWr-^) • \U\\\TV "•••-->';^; "3iv ".; '::^:: \ I |", --C'vHiv-i-. •v*vv^rr-\-tv1 ••:'-1 r?^nt,-:;^4^^ni -UU .. V\ ...,. I .\IK.1 . .;*. ^ 'IP ->--i:rf^-^:;;;;^ 'P^^Sv^;^ ^ • D ••>';;•; 4- r':^ir^\l.-^iP^V:^-.r: :-. ^-v;.-1. 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