HomeMy WebLinkAbout1975-02-11; Planning Commission; ; CUP 64 - EUGENE CHAPPEE AUTO REPAIR FACILITY' TO:
FROM:
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
Febru~ry 11, 1975
PLANNING COMMISSION
PLANNING DEPARTMENT.
REPORT ON: CUP-64 CHAPPEE'S AUTO WRECKING
EUGENE C. CHAPPEE APPLICANT:
I.
654 N. Highway 101
Le~cadia, CA 92024
REQUEST: The applicant is requesting that City Council
Resolution No. 3053 approving a Conditional Use Permit, be
amended as follows:
Ctindition #2 requ1ring installation of a·fire
hydrant and water main should be changed to
require instead a future improvement agreement
guaranteeing installation of the hydrant and
water main. The subject property is located
northerly of Ponto Road and Easterly -of Carlsbad
Boulevard. •
II. RECOMMtNDATION: Staff recommends that condition #2 of
City Council Resolution No. 3053 be revised to read:
2) The applicant shall enter into a future agreement with
the City to install a water ma)n and fire hydrant in
a manner acceptable to the City Fire Chief.
III. BACKGROUND:
A.
B.
C.
Location: Northerly of Ponto Road and Easterly of
Carlsbad Boulevard.
L"egal Description:. All that portion of the south two-
thirds of Lot 4 of Section 29, Township 12 South, Range
4 West, San Bernardino Meridian, in th~ County of San
Diego, State of California.
Site Description: The site is unimproved except for an
8 1 high masonry block wall. Car bodies are stacked
generally above the fence line, in _some places to a
height of approximately 20 feet. There are no water or -
sanitation (se~er) services to the site.
..
D. Project Description: The project ii primarily a dis-
mantling and storage yard for wrecked automobiles. Two
tow trucks, one boom-truck and a small crane are used
as a part of this operation.
E. ' Zoning: Subject
North:
Property: RD-M
RD-M
F.
G.
H.
South:
East:
West:
RD-M
A-1-8 (County)
RD-M
Surrounding Land Use: The Ponto area has a number of
single family ~esidences in addition to an equipment
rental yard, McDougal Sanitation, a Cabinet Shop, Gaycrest
Kennels, a pre-mix concrete batch plant, storage garages,
and two warehouse facilities.
General Plan Recommendation: The Land Uge Element of the
General Plan shows the subject property as medium high
density residential. The subject use is in conflict with
this designation (and was, in fact, in conflict with the
General Plan designation of Residential at the time of the
original· Conditional Use Permit ap_proval).
Environmental Impact Requirements: Mr. Chappee's project
was originally submitted to the City prior to CEQA require-
ment~ being applied to private discretionary acts. CEQA
guidelines state that no environmental review ts necessary
for an ongoing project, providing that the use does not
expand or increase in intensity.
IV. MAJOR PLANNING CONSIDERATION: The subject project is plagued
w1th many problems: The lot has been illegally split and a
portion has been sold off; there are no water or sewer lines to
the property; the site js accessed by a private easement and the
owner of that easement has expressed unwillingness to allow
either a public access easement or public utility easement. On
the east side of the site there is a Southern California Gas
Company easement upon which Mr. Chappee's fence encroaches. The
Gas Company will not allow Mr. Chappee to install landscaping
on the easement as required by his Conditional Use Permit. Also,
the project does. not n·ow (and did not when approved) conform to
the General Plan designation of residential. Also, the project
does not meet the State mandated findings required in granting
a Conditional Use Permit.
All these things not withstanding, the applicant was granted a
Conditional Use Permit for a 10 year period and has, in good
faith attempted to comply with all applicable conditions of
approval. Under these circumstances, Staff believes that the
City is morally and legally obligated to uphold the approved
Conditional Use Permit.
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V. DISCUSSION OF SPECIFIC ITEMS
A. Compliance to conditions of the original CUP-103
'
1 ) Compliance to Condition No. 1: Condition No. 1
requires the applicant to enter into a future
street improvement for the easement westerly
of Mr. Chappee's yard. This cannot be accomplished
unless: •
a) The owner of the easement consents to it's
use as a public easement;
b) The City condemns th~ easement;
• c)· The property owners in Ponto consent to the
formation of an improvement district.
It appears unlikely that the easement owner will consent
and condemnation is a time consuming and costly process.
Consequently it is unlikely that this condition will be
met.
2)
3)
Compliance to Condition No. 2: This condition is
proposed to be amended to allow for a future improve-
ment agreement insuring installation of a fire
main and hydrant. As noted. in the memo to the Planning
Commission dated January 28, 1975, a hydrant and water
main cannot be possibly constructed until a water
easement or dedicated street is secured.
The Fire Chief, in the attached memo, explains that
the fire hazard for Mr. Chappee 1 s use is consider-
able. The wording of condition #2 would have little
bearing on the speed with which the hydrant is in-
stalled. Condition No. 2 aJ it is presently written
or as it is proposed to be amended, could not be
fulfilled until a water easement or public street
is condemned or secured through an improvement
district. The proposed wording change would allow
Mr. Chappee to meet this condition upon consumation
of a future improvement agreement.
Compliance to Condition No. 3: This condition limits
the height of stacked materials to 20 feet (or roughly
12 feet above the fence line). There is one area
within the wrecking yard where the stacked materials
are 4 vehicles high, presumably above the 20 foot
limit. Staff intends to notify the applicant of this
violation. •
-3-
•.
4)
.,
5)
ATTACHMENT:
Compliance to Condition No. 4: This condition
requires that landscaping be placed on the
project's northeasterly boundary. This condition
has not been met. One problem is that the area
required to be landscaped is a Southern California
Gas Co. Easement. The Gas C9mpany will not allow ~ny-
thing to be planted over their easement because of
interference of plant root systems with the under-
ground pipeline. Also, there is no water to the
site which could irrigate any landscaping.
Staff believes that because of the height of stacked
materials) the landscaping could not effectively
screen the us~. Because of this and the other
problems noted above, staff believes that this
condition cannot be reasonably met. The Commission
may wish to delete this condition from the Resolution.
Compliance to Condition No. 5: This condition re-
quires that the parcel split which had illegally
occured on the subject property be 11 resolved 11 •
City Council Resolution 3053 Approving CUP 64
Memorandum from Chief Anear
DH/vb
2-6-75
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•
RESOLUTION NO. 3053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS,
GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION, AND APPROVING A CONDITIONAL USE
PERMIT FOR AN AUTO WRECKING YARD LOCATED
NORTHERLY OF PONTO ROAD AND EASTERLY OF CARLS-
BAD BOULEVARD, SUBJECT TO CERTAIN CONDITIONS
WHEREAS, the Planning Commission of the City of Carlsbad
on August 22, 1972, by Resolution No. 810, denied an application
for a Conditional Use Permit for an auto wrecking yard, submitted
by Eugene M. Chappee; and
WHEREAS, Eugene M. Chappee appealed said denial to the
City Council; and
WHEREAS, said appeal was presented to the City Council
at a duly advertised public hearing on September 19, 1972, at
which time, after discussion, a motion was made to continue the
appeal until October 3, 1972, to allow for correction of an illegal
lot split in the subject area; and
WHEREAS, the appeal hearing was held on October 3, 1972,
and subsequently continued to November 8, 1972, and presented to
the City Council on November 21, 1972; and
WHEREAS, the City Council announced its intention to
grant said appeal and referred the matter back to the Planning
Commission for comment; and
WHEREAS, the Planning Commission reported to the City
Council a reaffirmance of the previous denial; and
WHEREAS, the City Council, after consi0ering all relevant
factors, made the following findings:
1. Granting the Conditional Use Permit will
carry out the intent of the City's zoning
ordinance;
2. The use will not be detrimental to the
surrounding area;
....
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3. The use has in fact been in exist-
ence for a period of years;
4. The owner was encouraged to proceed
4 with large expenditures for permanent fencing
5 for the use.
6 NOW, THEREFOR'E!, BE IT RESOLVED that said appeal is
7 granted and a Conditional Use Permit for an auto wrecking yard
8 located northerly of Ponto Road and easterly of Carlsbad Boulevard
9 will issue for a ten-year period, subject to the following condi-
10 tions:
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1. That a future street improvement
agreement between the City of Carlsbad and
the applicant be entered into covering the
total westerly front of Parcel No. 16;
2. That the applicant install a water
main and one fire hydrant, said fire hydrant
to be located to the satisfaction of the City
Fire Chief;
3. That the height limitation of stacked
material from ground level not exceed twenty
feet, as agreed by the applicant;
4. That landscaping on the northeasterly
boundary be accomplished for screening purposes
as agreed by the applicant, and. subject to the
City's Environmental Protection Ordinance;
5. That the approval of applicant's
request be subject to the resolution of a
parcel split of subject property.
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the City
to-wit:
ATTEST:
PASSED, APPROVED AND ADOPTED at a regular meeting of
Council held January 16, 1973, by the following vote,
AYES: Councilmen Dunne, Mccomas, Chase and Frazee.
NOES: Councilman Lewis.
ABSENT: None.
DAVID M. DUNNE, Mayor "<..
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MEMORANDUM
TO: • PLANNING DIRECTOR DATE: November 18, 1974
FROM: .rFIRE CHIEF
SUBJECT: Letter dated October l7, 1974 from Norman Vetter, Attorney. for
Mr. Chappee.
Currently there are two hydrants in the Ponto 1ndustrial Area that have
been installed on our request by individual property owners.
To provide minimum protection there should be 6 hydrants. There is
still a need now for the fire hydrant near Mr. Chappee 1s place of
business.
We have consistently advocated this entire area be made into an improve-
ment district and adequate water mains and hydrants be installed. This
would proportionately spread the cost of this to all of the benefiting
property owners and would II relieve Mr. Chappee of the very heavy fin-
ancial burden", as mentioned in Mr. Vetter 1s letter. Chapter 149 of the
Health and Safety Code also establishes an equitable method of doing this.
(See enclosure) •
If this is done, consideration should be given to the equipment rental
yard and the storage yard for the money they expended in installjng
• hydrants.
cc: City Attorney
RECEf"JED
NO'J 1 9 \914
Of CARLSBAD cn't' oopartment r:1ann\ng ,.,
The Le;ti.:ilature hereby tinds a.ad declareJ that altho11z.il El~hth Street is
located on the adopted highway route or Route 2-t.1, the department is Wllik:ely
to initiate construction within the reasonable future, and during an interim
period the City of Banning h83 responsibility for construction a.au maintenaJ1ce
ot the exfating street. Because oi critical traitic hazards at the e.tistin::;-Ei.;hth
, Street railroad grade cro.<Jsings in the City ot Banning. and because the r.icy i3
• frequently severed by movin::r and scanclin~ freiiht trains, impllirin~ adeo1uate
fire, polie1! ruid other emergency services, it is n.?1.-essary that Elghth Street
be eligible for a grade separation allocation as soon a3 pos.;;ible.
SEC. 2. [Urgency statute)
Approved and filed July 6, 1973.
PUBUC AGENCIES-FIRE HYDRANTS-CHARGES
CHAPTER 149
• .• SENATE BILL XO. 490
An act fo add Section., 53069.9 to-tha-Govel'flment: Cod&,. rslatlng to-fire· hydranb,
and declaring the urgimcy the!'"eOf; tn take effeet·lmmediateJy.
LEGISLATIVE COlT.'iSEL'S DIGEST
. Provides that any publie-·a~cy 9rov-lding w:Jter for fire pro-
tection purposes may fu: and collect a chart-e for installL11g and.
maintaining fire hydrants. Provides for its levy and collection.
·••.·; Decla~~gis_Iature~~ lnten~~n the~_,.-,-
The peopl6 of the State of California. d<> en.act 1U folllJ-ws:
SEC~IOS 1. Section 53C69.9 i3 added to the Government Code, to read:
53069.9.. . . _ ~ ~. · .
.Any public. agency· pro.vidlng water . for fire protection purposes may, by
ordiuanre or resolution, fu • and • collect a charge to pay the costs of installing
and of maintaining f!re hydrants.· ... _ c-'·--:Y·, •
Any-'. such· charge. fin<r· pmsaanc-to ·this -section may be made on all land
within-:-thec public-agencr to which water, jg. made available· for fire protection
purposes. The legi,ilative· -body of the • agency . which fb:!!!I Silcb-a charge may
establish sc:hednles varjing tbe cb:l.l~ in. d.ittereut loea.Hties within. the-agency·
depending. on the:actu~-co~t.·.ot:lD3t:llling:~-and-, maintaining-the-· fire hydrants.
Suclr charges...may-be.-'collected at the same-::tiJne and in the-same ma.nner· as.
othe~· watel:":ntes•m-'char;;es."coileeted''bY'-the-·publi~-agency. or-·ln any other
-mannei:a.s -~~abe-detenitined by"the-ag~«;,7;_¥.··:~::-t~~i~:~?-.::_;:,-·:· _ • ---; .-. • ._· ,_ ;._ __ ,·
SEO.· 2.·; The ::Legislature-· berebf :finds:· and deelues that this act-Js decl:u:itory
of ~ting ~l~<=t:-:-~~}~~~--t~r~r~~4·:.·~l~:~:~~\~~~--: .. ~~::~::~:~.: ·:<~:--:~~ ~~--:~. -~~-• -_
. SEC; 3..-The !.e~ature,-· hereby,a· tlnd.9--• a.nd· • declan!9 · that it is--the intention
<>t the Legislature that thls. act· shalt.:not..· constltute a I.imitation upon the right
of n.ny public· agency providl.Dg: retail:.water service to impose-additional cha.rges
tor costs attributable-to-other waterservJces necessary to maintain and provide
for an adequate system·ot 1'1re protectl.!)n..~· . . . .. ~
SEC .. 4. [UrgeneY' • meas·ure]-. · -~-• :~~ -;~ [i\. _ <~,;;r~-. ••
Approved and tiled Joly 8, 1973. •
342 Changes or addltlo11s 111 text 'lr9 Indicated by undertlna
An aet relating to 1
urg•ncy thereof,
Declare
rates for st
project init
within the•
stances, Wll
levied in tbE
Thi.I people of tnr.S
SECTIO~ .1. A.rt
4 or Dt.tsion I or t
:rny project· initiate!
Colma C~k:-Flood
sur_'I) proj,:et is ado:
tim~ :t.S a~regate.-:;
-1C(),0,JO) bave breJj r
pursaant to-Sf:ction
Charter 1294 of the f.
SEC. '.?.. The ~-
the Sfatntes.. of -l!r.!
Legislature,; by Cbar
a limited tax. The
ous a!lthority tor t!:
tion wn.s ina.d'l'ertP.111
!'!ltent of Chap~er 12:
SEC. 2. [Urgency
Approved and fileG
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deletions by. astert~ ·--------