HomeMy WebLinkAboutCUP 64; Eugene Chappee; Conditional Use Permit (CUP) (2)SUBMITTED TO THE CARLSBAD
CITY PLANNING COMMISSION
Date Received 6 -2 '73 Date of Hearing Filing Fee - $50.00
APPLICATION FOR PERMIT FOR CONDITIONAL USE
TO THE CITY PLANNING COMMISSION:
The Applicants, EUGENE M. CHAPPEE and MARGARET M. CHAPPEE, are the owners of
the property situated at 7200 Ponto Drive near Old Highway 101. Exact legal
description of said property being:
All that portion of the South two-thirds of Lot 4 (Southeast Quarter of
the Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, accord- ing to the United States Government Survey approved October 25, 1875, described
as follows:
Beginning at the intersection of the South line of said Section 29, with
the Westerly line of the abandoned portion of the Atchinson, Topeka and Santa Fe Railways Company's (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89'49' West 209.69 feet from the Southeast
corner of said Section 29; thence along the Westerly line of said abandoned
railroad right of way, North 4'40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert
J. Estes by Deed recorded December 3, 1936 in Book 600, page 65 of Official
Records; thence retracing South 4O40'18" East 200.00 feet to a point which
bears South 89O40'18" East from the Northeasterly corner of land described in Parcel No. 1 in Deed to Bruce B. Kesner, et ux, recorded March 3, 1961 as File No. 38987 of Official Records said point being the TRUE POINT OF
BEGINNING; thence continuing along the Westerly line of said abandoned right of way South 4O40'18" East 400.00 feet; thence South 89°40'18" East 200.00
feet to the Easterly line of said abandoned right of way; thence along said Easterly line North 4°40'18" West 400.00 feet to a point which bears South
89'40'18" East from the TRUE POINT OF BEGINNING; thence North 89O40'18" West
200 feet to the TRUE POINT OF BEGINNING. RESERVING THEREFROM unto the grantors
together with the right to convey to others an easement for a railroad spur
right of way and utility purposes over the Easterly 20.00 feet of Parcel 1.
The above described real property is indicated on the map by the red
The above described property was acquired by Applicants on or about
What original deed restrictions concerning type of improvements
A map of said property is attached hereto and made a part of this applica- tion. outline.
(a) the 7th day of January, 1970.
permitted, if any, were placed on the property involved? None.
above described property for the following purpose:
conduct an auto wrecking yard business.
(b)
(c)
Applicants desire to use the above described property as a location to
REQUEST: The Applicants request a CONDITIONAL USE PERMIT to use the
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1. Describe the technological processes used, the materials used, transpor-
tation required and buildings and equipment necessary.
Generally two tow trucks, one boom truck and a small crane. A building permit for a solid 8-foot masonry wall surrounding the subject property was
previously applied for and granted and the wall has been constructed. In addition a small building for office and storage purposes is contemplated.
No special technological processes are involved.
2. Explain in detail why this particular site is especially suited (if it
. is) for the intended purpose.
The site is especially suited for the intended purpose. It is relatively remote yet accessible via Old Highway 101. It lies near and has access to a railway spur. The character of the surrounding property is also a favorable factor. Located in the immediate area is a pre-mix concrete batch plant (Con Rock), a kennel (Gaycrest), a sanitation company yard (McDougal), and a cabinet shop. The area is zoned for industrial use.
3. Describe how the proposed use and improvements are to be designed and arranged to fit into the development of adjacent property and neighborhood.
As previously stated, an 8-foot masonry wall is already in existence.
This wall serves a screening purpose. Any building constructed would be of equal or superior quality to existing structures in the area. Operations would be carried on only during normal business hours.
4. Furnish plot plan showing boundaries and dimensions of property, width of boundary streets, location and size of buildings on the site, roadways, walks, offstreet parking and loading space, landscaping and the like.
Architect's sketches showing elevations of proposed buildings and complete plans are also desirable and, if available, should be filed with application.
No buildings presently exist on the site. No walkways exist. Ample
offstreet parking will be available. Landscaping as required will be accomplished.
5. What are the probable facts pertaining to the proposed project with reference to traffic, noise, smoke, fumes, dust, odor, mud, vibration and hazard?
At infrequent intervals some noise from the operation of the boom truck and crane will exist. Because of the solid masonry screening wall and the fact that operation of the yard will be only during normal business hours, no problem is anticipated. There should be no smoke, fumes, dust, odor, mud, vibration or other hazards. Traffic will be slight and the existing roadways are more than ample.
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. - r We,*the undersigned OWNP-’-‘ OF ADJACENT PROPERTY as ,wn upon map attached to th’e Application, hereby L-rtify that we have read the foregoing petition and
agree that the facts stated correctly and completely present the conditions
surrounding the property involved in the Application, and believe the Appli- cation SHOULD BE GRANTED. (Add additional sheets where necessary. These
signatures are desirable but not required.)
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NUMBER
TO BE FU-D
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OWNERS AFFIDAVIT
STATE OF CALIFORNIA)
COUNTY OF 1 ss
CITY OF Ii
1, (we) Eugene C. ChaDDee am(are) the Owner(s)/Leesee(s) of the property involved in this Application
and that I(We) have familiarized myself(ourse1ves) with the rules and
regulations of the Planning Commission with respect or preparing and filing
this Application, and that the foregoing statements and answers herein
contained, and the information on the attached Map and Property Owners List
thoroughly and completely to the best of my(our) ability present the argument in behalf of the Application herewith requested, and that the statements and information above referred to are in all respects true and correct to the best of my (our) knowledge and belief.
Phone No. 753-2717 Signed
being duly sworn, depose and say that I(We)
654 No. Hiqhway 101
Leucadia, California 92024
OFFICIAL SEAL
(Mailing Address)
e this /kpday of -37 1972‘
This is to certify that the foregoing Application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Planning Commission governing the filing
of such application. ’50 Receipt No. -~~9 23
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. CITY OF CA-RLSlBAO PLANNING DEPT
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{ECORD I NG REQUESTED BY AND Documentary Transfer Tax $O.OC wm RECORDED MAIL TO -Computed on Ful 1 Value of
ZITY OF CARLSBAD - - Or computed on Full Value Less
:arlsbad, CA 92008 at Time of Sale
Property Conveyed
2CO Elm Avenue Liens and Encumbrances Remaining
IA I L TAX 61 LL TO ';lrJCfl& J?- CRY OF CARLSMO ',
Signature of Declarant F i rm Name
Iwner Named on Line 8 at
iddress Named on Line 9
or Agent Determining T,ix
FUTURE IMPROVEMENT AGREEMENT
IWNER: Eugene C. Chappee and Marqaret M. Chappee
ADDRESS: 654 N. Hiqhway 101, Encinitas, CA 92024
IATED:
'ARTIES: The parties to this agreement are the City of Carisbad,
3 municipal corporation of the State of Cd1 ifornia, hereinafter
referred to as CITY: and the person or
3f Page 1 hereof, hereinafter referred
to number or gender.
EOVENENTS: It is mutually agreed by t
persons mentioned on Line 8
to as OWNER, without regard
le parties hereto as follows
1. CITY hereby approves the conditional use permit for an auto
wrecking yard located northerly of Ponto Road and easterly of
Carisbad Boulevard as per conditions of Resolution No, 3053,
(Assessor's Parcel #214-160-281, on that certain real property
warranted by OWNER to be wholly owned by him, the Southerly twt
hundred feet of the Parcel described on Exhibit 'IA;j, attached
hereto and by this reference incorporated herein. Also shown
for convenience sake on Attachment ''A'', attached hereto and
made a part hereof.
2. CITY does hereby temporarily waive the requirement that the
OWNER of said southerly two hundred feet (Assessor's Parcel
214-160-28) install along the street frontages of entire
parcel described on Exhibit "A" those certain pub1 ic improve-
ments listed on Exhibit "B", attached hereto and by this
t-ef e rence i nco r po r-a t ed he re i ri .
3. Upon written demand therefor by CITY, addressed to OWidEK ac
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the address mentioned on Line 9 of Page 1 hereof, O\JNER shall I ;
forthwith, at OWNER'S sole cost and expense, prepare plans
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and specifications, approved by CITY, for the construction ol"
said public improvements in the street frontat res of entire
Parcel as described on Exhibit "A", and shall then forthwith
construct said public improvements according to said plans and
specifications, to the approval of CITY.
mentioned in this paragraph may, at CITY'S sole discretion,
demand said work as to all said improvements on entire Parcel
or as to any portion thereof, and the failure by CITY to demanc
said work as to any of said improvements shall not constitute
a waiver by CITY of its continuing right to demand such work
in the future.
In the event title to southerly two hundred feet of Parcel
described on Exhibit "A" (Assessor's Parcel #214-160-28), or a
part thereof is sold, the herein stated obligation shall
automatically also become the obligation of the new owner.
In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perform
OWNER'S said obligations and OWNER shall upon written demand
therefor, reimburse to CITY its costs therefor.
It is expressly agreed that it is not the intention of the
parties hereto that this Agreement confer any rights or benefit
whatsoever upon any third parties including, but not limited tc
the owners, their heirs, successors and assigns of the norther1
two hundred feet of the parcel described on Exhibit IrA"
(Assessor's Pa;-cel #214-160-29).
This agreement shall be binding upon and inure to the ber,efit
of the heirs, successors, assigns, and successors ir, interest
in said real property, to wit: the southerly two hundred feet
of the Parcel descrlbed on Exhibit "A" , and shall run with
The demand by CITY
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said southerly two hundred feet, and shall create an equitable 1
I servitude upon said southerly two hundred feet.
CITY OF CARLSBAD, A Municipal Corporation of the State of
California
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ss. STATE OF 'CALIFORN A)
COUNTY OF SAN DIEGO)
y of &pJ .'.G&J-\/ ' , in the year , ITT t 1 Ac/?yl 51 , a Notary Public in and for the State, pk'rsona1 ly a'ppeared \/ M. lj 3 knowti to me to be Mayor of the City of Ca%baL< Cal i-&?%n?g,* and known
to me to be the person who executed the within instrument on behalf
of said pub1 ic corporation, agency or political subdivision, and acknowledged to me that such City of Carlsbad, California executed
the same.
WITNESS my hand and official seal.
S i gna tu re
OFFIC,t;?L SEAL
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO
,before me, the ersonally
bscribed to the within instrument
and WITNESS mv hand and official seal.
CHAPPEE
All that portion of the South two-thirds of Lot 4 (Southeast
Quarter of the Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the United States Government Survey approved October 25, 1875, described as follows:
Commencing at the intersection of the South line of said
Section 29, with the Westerly line of the abandoned portion
of the Atchison, Topeka and Santa Fe Railway Company's (formerly
the California Railway Company) right of way across the South
two-thirds of said Lot 4, said point being distant along said
Southerly line North 89°4910i111 West 209.69 feet from the South- east corner of said Section 29; thence along the Westerly line
of said abandoned railroad right of way, North 4°4011811West to the Northerly line of said South two-thirds of Lot 4, being the
South line of lsnd conveyed to Herbert J. Estes by Deed recorded
December 3, 1936 in Book 600, page 65 of Official Records; thence retracing South 4°40r18'1 East 200.00 feet to a point which bears
South 89°40118'1 East from the Northeasterly corner of land descrlbed in Parce! No, 1 in Deed to Bruce B. Kesner, et ux,
recDrdec! March 3, 1361 as File No. 38987; said point being the TRUE POINT OF EESINNING: thence continuing along the Westerly
line of said abandoned right of way South 4°4011811 East 400.00
feet; thence South 89°40118r1 East 200.00 feet to the Easterly line of said abandoned ri ht of way; thence along said Easterly
line North 4°40'1811 West 8 00.00 feet to a point which bears
South 89°40118t1 East from the true point of beginning; thence North 89040'18~~ West 200.00 feet to the TRUE POINT OF BEGINNING,
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