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HomeMy WebLinkAbout1976-10-27; Planning Commission; ; CUP 60 - GAYCREST KENNELSSTAFF REPORT October 27, 1976 TO: FROM: PLANNING COMMISSION PLANNING DEPARTMENT CASE NO.: CUP-60 APPLICANT: C ITV 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 buildings. 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 South: RD-M East: RD-M West: RD-M Existing Land Use: Subject Property: North: South: East: West: History and Related Cases: -- Kennel Vacant . Single Family Residences & Vacant Agricultural Sorting; Storage; Auto Wrecking Single Family Residences; Refuse Dispoal Offices & Yard 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 1 s zoning and Land Use Element maps. The review was required because of the State Law (11 1301 11 ) 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 19.04.0BOd). 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 next step in the enforcement process. Alternative 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 City'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: "(l) 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 (10/22/76) 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- z JI,,, -l!IIC::.&a~ -co ..,,.... PI-At..,t.J..W C::~t'Sflol'IIIJ o~ .. . -~~.P.,,~ , MEETING OF: DATE: TIME: PLACE: ROLL· CALL: CITY OF CARLSBAD PLANNING COMMISSION OCTOBER 12, 1971 7:30 P.M. CITY COUNCIL CHAMBERS City staff members present: E. J. Olinghouse, D. A. Agatep, R. A. Johnston, J. E. Spano, H. T. Cook, J. B. Arnold APPROVAL OF MINUTES: Present X X X X X X X Absent Minutes of the as submitted. 11 of II on page .5 clarification. regular meeting of 9/14/71 were approve< Motion x Commissioner Jose felt that the word Ayes xx x xx should be changed to 11 or11 for legal Abstained x WRITTEN COMMUNICATION: None ORAL COMMUNICATION: None PUBLIC HEARINGS: (a) REQUEST FOR. CHANGE OF ZONE AND ADOPTION OF A SPECIFIC PLAN -Reclassification in zone from R-1 to RD-Mand adoption of a specific plan on certain pro- perties lying northerly of Tamarack Avenue and easterlj of the A.T. & S.F. Railroad right-of-way. APPLICANT: GOLDRICH, KEST. & ASSOCIATE~ Mr. Olinghouse presented the staff report of 10-12- 71, and commented on· the graphics illustrated on the wall behind the commissioners. The technical report covered the particular situation re location, surround- ing zoning, an agreement between City and applicant giving the City the option to purchase a portion for a park, and staff recommendations. The report also gave reasons and conditions for appr;oval. Discussion ensued among the commission and staff re the park option. Mr. Johnston, Parks & Recreation Director, informed the commission that the applicant has agreed to sell the property to the City at the price it cost the applicant. Mr. Johnston said there was a letter from the City Manager to the applicant to this effect. The location of this area and its suitability for a park was also discussed. Staff and commission agreed this was a good area. The applicant, MR. ROBERT HIRSCH, 15233 Ventura Boulevard, .Sherman Oaks, was present to discuss his proposal. He told commission he had made an agreement to sell the City the 4.2 acres for a possible park site at the pro-rata price it. cost him. He commented on the strategic location of the property, i.e. its closeness to shopping centers, beaches, etc. He also agreed with the conditions of the staff report. He noted that 54% of the land was devoted to open space and landscaping, and added that it is a good·workable plan with moderate density. CITY OF -2- CARLSBAD I Commissioner Dominguez asked the applicant if he would commit himself until June,1972, if for some rea- son the park bond would not be prepared by April, 1972. After some discussion, a conditiDn was agreed upon by both parties which reads as follows: 11 A. That the City be given the option of purchasing the 4.2 acres of property now a portion of Phase II of the develop- ment. This property would be utilized for park pur- poses and the option shall be exercised by the end of April 30, 1972, and will be subject to an extension of 45 days if deemed necessary.11 The chairman asked if anyone was present to speak in favor or opposition. MR. LEE BARLOW, 701 Magnolia, was present to reques1 that his .zone be cha~ged too. He informed the com- mission that his property adjoins the applicant's property and he sees no reason why his property cannot be rezoned. Mr. Olinghouse illustrated the location of Mr. Barlow's property in relation to the applicant 1 i property, and some discussion ensued. The secretary read two letters from Dr. Howard C. Harmon, Superintendent·of Carlsbad Unified School District. The first letter estimated the number of students the development by Goldrich, Kest & Associates would produce in kindergarten through twelfth grade. The second letter requested a permanent barrier betweer the development and the school property be maintained. A letter from CECIL and CHARLICE DUNNE was read which urged the commission to give more consideration to the traffic problems which such a development will create. MR. ALBERT MOODY, 863 Camelia Pl~ce was present to voice his concern over the additional traffic and con- centration of people that he believes the development will create. Mr. Olinghouse outlined the parking requirements under RD-M zone. MR. ARTHUR WESSOS, 3700 Jefferson Street, was pre- sent to oppose the development on the basis of the traffic congestion he believes will occur. MR. DAVID KOYL, 2104 Linda Lane, opposed the development on the basis of density. He believes the density proposed is to~ high for the area. MR. MITCHELL, owner of 3726 Jefferson,. had no objection to the proposed development; only the high density .which it encompassed. Mr. Hirsch commented that 22.2 units per acre is low to medium density for that area. The public hearing was closed at 8:21 P.M. Discussion ensued among the commissioners re possibl~ widening of the street, barrier requirements, number of parking spaces provided, and entrances to the apart- ment complex. CITY OF CARLSBAD -3- The applicant agreed to build a block wall separatir g his development from the school property. Condition 11 D11 of the staff report was changed to read as follows "That a continuous six-foot wall be constructed around the entire development." -- The commission felt that only the area under Phase I shou~d be approved for specific plan adoption, and that Phase II be subject to specific plan approval at a later date. But they felt the entire area should be rezoned at this time. A condition was added to that effect. A motion was made to adopt Planning Commission Resolution No. 728, A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION R~COMMENDING TO THE CITY COUNCIL A CHANGE OF ZONE FROM R-1 TO RD-M (RESIDENTIAL DENSITY- MULTIPLE) AND ADOPTION OF A SPECIFIC PLAN ON PROPERTY LOCATED NORTHERLY OF TAMARACK AVENUE AND EASTERLY OF THE A.T. & S.F. RAILROAD RIGHT-OF-WAY, for reasons as stated in staff report, and subject to conditions of approval as listed in staff report. In addition, two conditions as outlined above were added and one condition was re-worded. ------------------------------------------------------- S(b) REQUEST FOR CHANGE OF ZONE -Reclassification in zone from R-1-7,500 to R-3 on certain properties lying east of Eureka Place between Chestnut Avenue and Pine Avenue APPLICANT: RICHARD D. MANTLE Mr. Agatep introduced the staff feport of 10-12-71, which requested a continuance for reasons as listed in the report. After short discussion, a motion was made to continue the public hearing until the second meeting in November (November 23, 1971). ------------------------------------------------------- S(c) REQUEST FOR CONDITIONAL USE PERMIT -To allow· an animal kennel and associated supervisory buildings on properties located in the Ponto area. APPLICANT: MITCHELL L. POLLARD Mr. Agatep introduced the staff report of 10~12-71, which explained applicant's request and outlined the sections of the code pertaining to the proposal. The report also listed staff recommendations, reasons and conditions for appToval .. Staff clarified several questions of the commissioners. The a~plicant, MITCHELL POLLARD, was present requesting clarification of severa1 points relating to the conditions he has to comply with. Mr. Cook, City Engineer answered his questions. Motion Ayes Noes Motion Ayes Noes X X X X X X X X X X X X X X CITY OF CARLSBAD -4- The following persons spoke in opposition or favor: MISS ALCARAZ, 7244 Ponto Drive, informed the commission that her family cannot sleep due to the barking and noise made by the dogs. MR. PERRY LAMB, 5171 Shore Drive, who owns property near the Pollards property, believes the Planning Commission should study that area and see how the pre- sent uses fit in the total picture. MR. RICHARD AGUIRRE, 7264 Ponto Drive, complained o1 excessive barking and odors from the kennel. He op- posed the kennel on that basis. The public hearing was closed at 9:32 P.M. The commission discussed the proposal for a lengthy period. The commission was concerned about the illegal trailer which houses a caretaker. They decided to add a condition which would require the trailer to be removed within a period of one year. The commission also expressed a desire to study the entire Ponto area. After further discussion, a motion was made to adop1 Planning Commission Resolution No. 730, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL KENNEL AND ASSOCIATED SUPERVISORY BUILDINGS, ON PRO- PERTY LOCATED IN THE PONTO AREA, subject to reasons and conditions as outlined in staff report. Also, an added condition that the trailer be removed within one year. ------------------------------------------------------- 5{d) REQUEST FOR CONDITIONAL USE PERMIT -To allow a nursing home to be built on the sou~hwest corner of Carlsbad Boulevard and Grand Avenu~. APPLICANT: CALIFORNIA LUTHERAN HOMES Mr. Agatep read the staff report of 10-12-71, which outlined the applicant's request and listed reasons and conditions of approval. Motion Ayes Noes Clarification of condition 9 was requested. Mr. Coak, City Engineer, explained that the engineering depart- ment wants to be sure there are adequate sewer faciliti~s before the Qpplicant is permitted to occupy. He said the Ocean Street area was under study re sewer capacity. The applicant, MR. JOHN STEINHAUS, who is the Executive Director of California Lutheran Homes, was present to discuss the proposal and answer questions. He said the sewer problem would have to be resolved before they continued. They will not be able to get financing, etc: until the matter is resolved. Except for this one problem they are willing to comply with, all conditions. • Chairman Little asked if anyone was present to speak in favor or opposition. MR. AMADEO FIORE, 3758 Adams Street, owner of the Cutlass Steak House, was concerned because California Lutheran Homes is tax exempt. He 1s not opposed except Ix lxXXIXIX. XX CITY OF -5- CARLSBAD I he feels that commercial-type property should pay thei1 way like he does. MR. JOHN GARNER, 25775 Toluca Drive, San Bernardino who is the owner of adjoining property requested a continuance. He stated he wished to oppose if the hearing was not continued. The commission asked Mr. Steinhaus several question~ regarding the type of facilities and landscaping. The public hearing was closed at 10:24 P.M. Lengthy discussion ensued between staff and com- mission especially pertaining to the sewer capacity. Commissioner Palmateer moved for a continuance of 90 days so a sewer project can be studied. The motion was seconded. Mr. Cook, City Engineer, informed the commission a study of this• type would take 6 months. His inten- tion was to allow the applicant to get the procedure for funding started while engineering department stu- died the sewer capacity. Discussion continued re the time necessary to com- plete the study. The applicant urged the commission to grant the conditional use permit now so he could go ahead with the funding processes. He said he would be willing to delay construction until the sewer study was completed. Mr. Cook suggested the condition be rep~rased to read "no building permit will be issued until the adequacy of the sewers is determined." After further discussion, a motian was made to continue the public hearing until the next meeting, so further study could be accomplished.· -------------------------------------------------------- 5(e) TENTATIVE MAP -To consider approv~l of a tenta- tive map for Loma Laguna subdivision, Carlsbad Tract 71-5; Applicant: owner -Allan 0. Kelly developer -Becrah, Inc. Mr. Agatep presented the staff's report and recom- mendations. The report gave reasons for approval and conditions ·the applicait must comply with. MR. W. ALLAN KELLY, 3445 S~anish Way, ·the applicant, was present to answer questions and make comments. Several questions pertaining to emergency access, lot size, and grading were satisfactorily answered. Jhere was no one present to speak in favor or opposition. The public hearing was closed at 11 :04 P.M. Commissioner Jose had questions re emergency access in case of fire, etc. These questions were answered by staff. Mr. Cook clarified some points concerning grading. Motion Ayes Noes X X X X X X X CITY OF CARLSBAD -6- A motion was made to adopt Resolution No. 732, A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING TO THE CITY fOUNCIL APPROVAL OF A TENTA- TIVE MAP FOR LOMA LAGUNA, CARLSBAD TRACT 71-5, for the reasons given in staff report, and subject to conditiors of said report. Motion Ayes Noes ------------------------------------------------------- 5(f) RESOLUTION OF INTENTION NO. 80 -To recommend changing the title of Planned Community zone to Plannec Residential Development; APPLICANT: Planning Dept. Mr. Agatep read the memorandum of 10-12-71, which discussed the planned community concept. The report discussed the different types of planned community developments in relation to size, varying design, and development criteria. Staff recommends a change in title be effected to allow development of smaller parcels that are suitable for a planned unit concept. It is recommended that the title for section 13.75 Planned Community Zone (P-C) of Ordinance 9060 be revised to read: Section 13.75 Planned Residential Development (PRO) Zone. The commission discussed the proposal and the devel- op~tnt criteria. It was decided only a change in title should be adopted at this time, and that a workshop session be held in regards to setting criteria for different types of Planned Community developments. The Chairman asked if anyone was present to speak in favor or opposition. MR. LEWIS CHASE, 4045 Baldwin Lane, believes the problem lies with the ordinance its~lf--not the title . . , Mr. Arnold, City Manager, made comments about the Planned Community concept in other cities. A motion was made to adopt Planning Commission Resolution No. 733, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO ORDINANCE NO. 9060, ARTICLE 13.75. PLANNED COMMUNITY ZONE (P-C). • -------------------------------------------------------NEW BUSINESS: (a) Planning Commission review of Holiday Park Master Plan Mr. Robert Johnston, Parks & Recreation Director, presented a master plan for Holiday Park. He said they were trying to provide recreational uses for everyone in the community. They are planning to add picnicing faciliti~s and additional recreational uses. He added that the park could be developed in phases. Mr. Johnston answered questions of the commission. After discussion, a motion was made that the Plan- ning Commission endorse the plan as submitted and forward it to the City Council. Motion Ayes Noes Motion Ayes Noes X X X X X X X X X X X X X X X X X X X X X CITY OF CARLSBAD -7- (b) The secretary read a letter from Ernest Adler, Jr. 3836 Cherry Avenue, Long Beach, dated September 2.3, 19: 1. Mr. Adler urged the Planning Commission to request the City Attorney to void condemnation proceedings for water storage reservoirs, and delay any further action until the commission can make an evaluation, including a determination of the City's position and liability in connection with Section 2302, 2400 and 2401 of Zoning Ordinance 9060. After a short discussion, a motion was made to refer the mat'ter to the City Attorney. ------------------------------------------------------- OLD BUSINESS: (a) There was nothing to report re the 'continued' itmes list. Mr. Agatep reported that he had discussed the problem of the ducks dying tn the lagoon with the local representative of the California Department of Fish and Game. The concentration of ducks in one end of the lagoon was possi!Jly due to· large numbers of people feeding them: Thi' concentration has possiblJ created the problem. ADJOURNMENT: The meeting was adjourned at·11 :54 P.M. by proper voice vote approval. Respectfully submitted, Motion Ayes Noes Motion Ayes X X X X X IX IX X XIX X XXX