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HomeMy WebLinkAbout1976-10-27; Planning Commission; Minutes... CITY OF CARLCBAO MEETING OF: PLANNING CO?lMISSION DATE: October 27, 1976 TIME : 7:30 P.M. PLACE: COUNCIL CHAMBERS CALL TO ORDER The meeting was called to order at 7:30 P.M. ROLL CALL All Commissioners were present with Nelson X X X X X X X Present arriving at 8:35 P.M; PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Approved with change of Motion X conditions under SP-l36(A).to include access Ayes X X x xx between the noise attenuation wall and the Abstain X property line wall and that the property line wall to also act as noise attenuation wall. x Absent APPROVAL OF RESOLUTIONS Resolution No. 1276, Danny Little (CUP-126) - Motion X Approved. Ayes X X x xx Abstain X Absent x Resolution No. 1288, Martha Guardamondo (V-265) - xx x X X Ayes Approved. X Motion Abstain X Absent X WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Planning Director Donald Agatep said that a 4th City Engineer would give a report on the Public Works Act of 1976. PUBLIC HEARING ~ Case No. CUP-60, City of Carlsbad - Review of a Coriditional Use Permit prevously granted Mitchell Pollard to operate an animal Kennel and associated buildings. Assistant Planning Director Bud Plender gave the .. . staff report stating that the Gaycrest. Kennel is .- item would be added under New Business and the . located in the Ponto area which was annexed to the City in 1964 (the Kennel was in existance at that time) and this area was zoned C-M. In 1971 the applicant applied fo.r a CUP because he wished to construct a second residence and this CUP was approved with Condition 12 of P.C. Resolution 730 -. stating that.the trailer now in existance be- re- moved within a period of one year. In 1973, the City rezoned the Ponto area from C-M to RD-M to bring this area into conformity with the General Plan.. In a RD-M zone, Kennels are not allowed , thus the Kennel is legally non-conforming, Being legally non-confon'ning, the Kennel may remain, but can never be expanded. In 1975 the City initiated a CUP Enforcement Pro- gram to review all CUPS to insure that all condi- tions had been met. The City in reviewing CUP-60 noted that Condition No. 12 had not been met and the trailer was still on the property. The Planniqg Department staff contacted Mitchell Pollard and . for several months worked with him in an attempt . ! .. . .. CITY OF CARL-EBAD MEETING OF: PLANNING COMMISSION DATE : OCTOBER 27 , 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS to bring about conformance with the conditions of the CUP. Since the applicant has refused to remove :the trailer, a public hearing became necessary before the Planning Commission to consider enforcement of Condition 12. Mr. Plender pointed out that a trailer can exist 'on property (other than in a trailer park) for only two reasons: For a one year period while construction takes place; and the City Manager may approve a trailer for a night watchman. Mr. Plender also referred to the petition filed in the Office of the City Clerk by Mr. Henry Thompson, 330 Chestnut Avenue, Carlsbad, containin 1,051 signatures protesting the revocation of this CUP. Mr. Plender emphasized that only Cond. No. 4 c the Petition pertained to this particular hearing. No. 4 stated that the mobile home provided resi- dence for a duty attendant thus allowing 24 hour surveillance of the property at a minimal cost to the operator and to the customers of the kennel. Mr. Plender pointed out that this hearing was not for the purpose of revoking the CUP thus causing the operation of the Kennel to cease, but to enforce the removal of the trailer thus. comply- ing with City regulations. If the trailer is removed, then the Kennel may operate as it has done in the past. The Planning Staff recommended to the Planning Commission that the trailer.be removed within 30 days; and if it is not removed within 30 days, the CUP be revoked. One of the Commissioners thqn asked if the City Attorney agreed with the Planning Staff. City Attorney Vincent F. Biondo, Jr. said that he agreed with Planning Staff's recommendation and that Mr. Pollard was in violation of the terms of his CUP and that the existence of the trailer was also in violation of the Carlsbad Municipal Code. He also stated that he had been i,n contact with the attorneys representing Mrs. -Cannon and Mr. Pollard and was satisfied that there was nothing in-the private civil litigation between the parties that would prevent their compliance in full with the City of Carlsbad's requirements. James B. Burns, Attorney at Law, 323 North Clementine Street, Oceanside, CA 92054 spoke on behalf of his client, Mitchell Pollard. He said that the trailer was being used for a night watchman. He referred to the petition and the concern 0.f the petitioners that there be a night' watchman on the premises. He advised the Commission that Mrs. Elsa Cannon resided in one Kennel resided in the other, thus the need for . the trailer. He felt that the trailer posed no threat to the environment of the Ponto area because a refuse pickup operation was there and also an auto wrecking yard. He asked the Commission .to con- sider removing the Condition that requires that the trailer be removed ,as the removal of the trailer would necessitate structural changes to the Property at considerable cost to the applicant . of the residences and that employees of the CITY OF CARISBAD MEETING OF: PLANNING COMMISSION DATE: October 27, 1976 TIME: 7:30 P.M. PLACE: courux CHAMBERS He sa.id if changing the condition was not possibl then give him ample time to persuade the City Manager to issue a night watchman's permit. The Commissioners then discussed at some length alternatives as to where the night watchman could reside and they were informed by Mr. Burns that the trailer was the only place available. Charles C. Renshaw, Attorney at Law, 332 South Juniper Street, Suite 202, Escondido, California representative of Elsa K. Cannon stated that Mrs. Cannon owned 75% of the property and Mr. Pollard owned 25%. He said that Mrs. Cannon h.ad only one interest in this CUP and that.was to make sure that it complied with all of the City of Carlsbad requirements. He also said that the trailer was not b,eing used for a night watchman, but the trailer along with the other house were being used for low rental income to Mr. Pollard. Mitchell Pollard, 7250 Ponto Drive, Carlsbad, CA. said that he would not be able to operate the Kennel without the trailer as he needs a night watchman and would be unable to have one without the trailer. He felt that his clients would not bring their animals if there was not a watchman. _David M. Dun_n_e,_3_016 H,igt)l@d,Drjve, ,Ca Isbad. Jim nassan, ~LOL LaftsDdu vu, Lar.1buaEy ndy and Virginia.-Thompson, 330 Chestnut, Carlsbad; Eugene Chappee, 7200 .Ponto Drive, Carlsbad; and Ge0rg.e Flanders, 2168 Chestnut, Carlsbad - all sDoke in favor of the Kennel, the fine treatment that is given to their animals, the good job that Mr. Pollard performs and asked the Commission to allow the trailer to remain. A motion was made approving revocation of CUP-60 because Condition #12 of Planning Commission Resolution 730 has not been met and the presence of-the trailer on the property is in violation of the Carlsbad Municiap Code. The CUP is to be revoked if the trailer has not been removed from the premises by December 15, 1976. NEW BUSINESS Cannon Laqd Dedication - Bud Plender said that the property (6.7 acres) bounded on the north by Cannon Road, west by Terramar subdivision, east by the AT&SF railroad and south by a lot line 940' south of Cannon Road has been offered to the City. This dedication was presented for review by the Planning Commission to determine if the site is consistent with the General Plan. Staff recommended that the offer of dedication is consistent wi.th the General Plan and that a futur General Plan Amendment be pursued.to put the en- tire site under the Open Space designatfon. A motion was made finding the above property con- sistent with the General Plan and recommending that a future General Plan Amendment be pursued to put the entire site under the Open Space designation. A minute motion was made that a letter of appreciation should be sent to Mr. Cannon thankir him for his offer of. dedication. lotion \yes \bstain Motion Ayes Yotion \yes d -_.. ~ "" .~ ..,... ._ .. -. __ ~ -~.. .. . .,, . - ."_ ..-~ _."_~ .._ ~ ._ . CITY OF CA~-.SBAD MEETING: PLANNING COMMISSION DATE: October 27, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Public Works Act of 1976 Resolution of General Plan Conformation, certain Public ImProvement Pro.iects Tim Flanagan, City Engineer, said that the Engineer ing Department was preparing grant applications for 100% Federal Fudning on the following projects and it is necessary for the Planning Commission to re- view them and find that the projects are consistent with the General Plan: Proposed construction of 1i-ghted tennis courts at various public locations. (Reso. No. 1289) Proposed construction of comfort stations at Cannon Park and Levante Park. (Reso. No. 1290) Proposed expansion of existing municipal parking lot at El Camino Real and Marron Road. (Reso. No. 1291 ) Public Facilities Recoupment Policy Tim Flanagan, City Engineer, and the Commissioners discussed various methods of recoupment. Mr. Flanagan said that he would provide copies of all pertinant ordinances, etc. to the Commission for their perusal. t Planning Commission Resollition No. 1283 - Commenda- tion resolution for retiring Planning Director Donald A. Agatep. Amendment to Planning Commission By-Laws A motion was made that all future Planning Com- mission meetings shall commence at 7:OO P.M. in- stead of 7:30 P.M., that all meetings shall termina at 12:OO P.M. with the last item to be entertained at 11:OO P.M. ADJOURNMENT The meeting was adjourned at 1O:OO P.M. lotion ,yes lotion ,yes lotion ,ye s lbstain Motion Ayes Mot i on Ayes : t K K K x X