HomeMy WebLinkAbout1972-07-25; Planning Commission; ; CUP 64 - EUGENE CHAPPEE AUTO REPAIR FACILITYSTAFF REPORT/MEMORANO-OM "JULY 25, 1972
TO:
FROM:
PLANNING COMMISSION
CITY MANAGER
SUBJECT: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE
ESTABLISHMENT OF AN AUTO YARD BUSINESS IN THE PONTO
AREA
APPLICANT: EUGENE M. CHAPPEE
Report submitted by: Fire, Building, City Manager, Engineering,
Parks & Recreation and Planning Depts.
General Discussion:
On January 26, 1970, Mr. Chappee applied for a building permit to
construct a fence and establish an auto repair facility. The
permit to construct a fence was approved by Bob Johnston on
January 26, 1970, but no auto storage was to be allowed without
a Conditional Use Permit. Additionally, _the Assistant City Engineer
{Joe Spano) informed the applicant that a frontage on a public
street would be required before a parcel split could be accomplished.
A variance request was submitted to the Planning Department on
April 7, 1970 asking that a parcel split be allowed for two (2)
parcels facing an existing sixty (60) foot private easement.
a. The request was denied by the Planning Commission on
October 13, 1970.
b. The Planning Commission de~ision was appealed to the
City Council on November 4, 1970 per agenda bill #293.
Resolution 1809 as amended, with conditions, was adopted
by the City Council on December l, 1970. -,
In September of 1970, Ordinance #9252 of the City of Carlsbad
adopted land uses that would require a Conditional Use Permit.
Auto wreckin9/dis ■1ntltn1 was a land use that required• C.U.P.
~nde•~Ordin1•c• 9060.
A parcel ••P prepared by E. Brain Smith E~g1neers was submitted
to the Engineering Department for approval on February 19, 1971,
and returned for correction on April 5, 1971. To date, the
revised map has not been returned to the Engineering Department
for review.
The City does not recognize two land uses on one legal parcel
without the approved parcel map. The Chappee parcel is an illegal
parcel, therefore, the use is illegal.
Pcrge Two
Staff Report
July 25, 1972
A request for a C.U.P. for the Gaycrest Kennel directly to the
west was allowed to enter into future improvement agreements.
There is an existing 60' easement for access from Ponto Drive
to the parcel owned by Mr. Barton, to the north. The easement
was granted by Mr. Barton and still is held in fee by Mr. Barton.
Apparently he is willing to dedicate the street but not provide
the improvements.
To date, the Gaycrest Kennel interests have agreed to a 1/2 street
improvement per Condition of Planning Commission Resolution #730.
Recommendation:
It is the recommendation of the staff that this request for a
C.U.P. be denied for the following reasons, but in the event
that the commission approves this application the staff
requests that the following conditions be imposed.
Reasons for denial:
1. The ponto area is in a state of flux and transition. Property
to the east is currently under a Planned Community Master Plan.
The first phase, 55 acres, is developing as a 386 unit mobile
home park.
2. The entire section of the Carlsbad Planning Area south of
Palomar Airport Road between the Pacific Ocean and easterly
limits of the CMWD boundary is presently under an active
General Plan review.
3. The proposed c.w.P. is not in conformance with the existing
General Plan.
Conditions of Approval:
1. Dedicate 30 1 easement for one-half a public street between
Ponto Drive and northerly limits of the property along the
alignment of the existing private road. A l I barrier strip
fronting on all property except the subject parcel split shall
be provided around the easement and granted to the City in fee.
2. Construct full subdivision improvements as required by
City ordinance and the City Engineer for that one-half
street fronting on the subject property. Also provide two
fully improved 12' travel lanes to service property from
Ponto Drive.
3. Construct water main with fire hydrants, as required by
the City Engineer.
4. Provide a master plan for sewerage for the Ponto area.
5. The applicant sha11 enter into a future improvement agree-
ment with the City for participation in the installation of
sewers to serve the area, in accordance with the master plan.
Page Three
Staff Report
July 25, 1972
6. The above conditions are to be satisfied prior to issuance
of a building permit.
anager