HomeMy WebLinkAboutCUP 60; Gaycrest Kennels; Conditional Use Permit (CUP) (20)MEMORANDUM
DATE : October 22, 1976
TO : Planning Director
FROM : City Attorney
SUBJECT: CUP-60 GAYCREST KENNEL
This memorandum is to bring you up-to-date on the activities of my office in regards to the above-referenced permit. I have reviewed your staff report and find it generally correct. There is no doubt that Mr. Pollard is in violation of the terms of his conditional use permit. The decision of whether or not to revoke the permit because of that violation, or to eliminate
the condition which requires the trailer's removal, would ordinarily be policy matters for the Planning Commission. However, there is a second aspect to the problem and that is, that the existence of the trailer appears to be a violation of the Carlsbad Municipal Code. In that case, regardless of the Planning Commission's action, the trailer must be removed.
I have been in contact with the attorneys representing the various parties with interests in the kennel. I am satisfied
that there is nothing in the private civil litigation between
the parties that would prevent their compliance in full with
the City of Carlsbad's requirements. The attorney for
Mrs. Cannon has cooperated fully with the City in her effort to ensure that nothing is done which jeopardizes the conditional use permit. In that regard, the Superior Court has issued an order that all parties, including Mr. Pollard, shall not
operate the kennel in any way in violation of either the con- ditional use permit or the Carlsbad Municipal Code.
At the present time Mr. Pollard is operating in violation of a condition of his conditional use permit. The Planning Commission could change their condition. However, unless there are facts of which I am unaware, the trailer is also in violation of the Carlsbad Municipal Code. Therefore, it would seem to me to be inappropriate for the Planning Commission to change the conditional use permit condition. It is my recommendation that the Planning Commission resolve that the condition has been violated and that unless the trailer is removed within thirty days, the conditional use permit will be revoked. action we can expect that, pursuant to the Court order, the trailer will be removed forthwith.
If the Planning Commission takes that
VINCENT F. BIONDO, JR.
City Attorney
VFB/mla
cc: City Manager