HomeMy WebLinkAbout2000-12-06; Planning Commission; Resolution 48711
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PLANNING COMMISSION RESOLUTION NO. 4871
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE
A TRIAL DOG PARK ON A PORTION OF LARWIN PARK, IN
LOCAL FACILITIES MANAGEMENT ZONE 2
CASE NAME: DOG PARK
CASE NO.: CUP 00-07
WHEREAS, City of Carlsbad Parks and Recreation Department,
“Developer”, has filed a verified application with the City of Carlsbad regarding property owned
by the City of Carlsbad, “Owner”, described as
A portion of Larwin Park located on the north side of
Carlsbad Village Drive, % mile east of the Carlsbad Village
Drive/El Camino Real intersection.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit “A” dated December 6, 2000, on file in the Carlsbad Planning
Department, DOG PARK - CUP 00-07, as provided by Chapters 11.32,21.42, and 21 SO of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of November, 2000 ,
hold a duly noticed public hearing as prescribed by law to consider said request; and
subsequently continued the matter to the 6th day of December 2000; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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W That based on the evidence presented at the public hearing, the Commission
APPROVES DOG PARK - CUP 00-07, based on the following findings and
subject to the following conditions:
Findines:
1. The proposed use is: a) necessary and desirable for the development of the community
in that the community benefits from the dog park since dog owners would have a
park area to take their dogs locally, while still ensuring the safety of other citizens
by segregating, and fencing, the facility; b) consistent with the General Plan in that the
General Plan open space land use designation does not preclude the provision of a
dog use area in a City park and such park provides a more diversified
comprehensive park system; and c) not detrimental to permitted uses in the PC
zone/Master Plan 5 in that the design and operational features of the proposed dog
park minimize its potential for negative impacts to the surrounding community;
2. The proposed site is adequate in size and shape to accommodate the use in that an
adequately sized dog use area and the off-street parking necessary to support the
area are being provided on the site without the need to create additional level pad
area through grading adjacent hillside topography;
3. All features necessary to adjust the requested use to the existing uses are provided in
that the facility will be segregated and fenced, limited in its hours of operation, and
regularly maintained;
4. The street system serving the proposed use would not be significantly impacted by the
proposed conditional use in that additional vehicle trips would be minimal and
generated outside of peak traffic periods.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Parks and Recreation
Department to make, all corrections and modifications to the Conditional Use Permit
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibit and as described in the Planning Commission staff report dated
December 6,200O which outlines the following design and operational features:
PC RESO NO. 4871 -2.
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A.
B.
C.
D.
E.
F.
G.
H.
I.
.I.
The dog use area shall be fully enclosed by a six foot high, chain link fence.
Patron access to the dog use area shall be provided via a double gate system
to minimixe the potential for uncontrolled dogs to exit the area as other dogs
enter.
The dog use area and off-street parking area shall be surfaced with
appropriate materials, to the satisfaction of the Engineering Department.
The off-street parking area shall comply with the City’s required parking
stall and drive aisle dimensional standards, to the satisfaction of the
Engineering Department.
The off-street parking area shall be expanded to add parking in available
areas as deemed necessary by the Planning Director.
A trash can, dog solid waste bags, and a bag dispenser shall be provided on
site.
The facility shall be maintained by the Parks and Recreation Department on
a daily basis, until such time that the Parks and Recreation Department
determines that no less than 3 times a week would be adequate.
The facility hours shall be limited to between the hours of 8:00 AM and dusk,
daily. No facility lighting is approved.
Approved park rules, as approved by the Planning Commission at their
December 6,200O meeting, and shown in Exhibit B shall be clearly posted on
the site. Also, public information signage shall be posted in the dog use area
and in locations surrounding the area to help promote public awareness the
City NPDES goals. Signage will explain the importance of minimixing the
introduction of dog solid waste materials into the environment in, and
around, the site as it relates to long term improvement of the lagoons and
ocean water quality. Additionally, signs shall be posted in middle and lower
Larwin Park indicating the dogs are only allowed in parks in designated
areas such as the fenced dog use area at upper Larwin Park. The signs shall
comply with the City’s Sign Ordinance.
The facility shall comply with disabled person access standards to the
satisfaction of the Building Department.
The Parks and Recreation Department shall
monitoring reports given to the City Council,
Commission.
Any proposed development different from this approval, shall require an amendment to
this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
PC BESO NO. 4871 -3-
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4.
5.
6.
A. This Conditional Use Permit shall be reviewed by the Planning Director on a
yearly basis to determine if all conditions of this permit have been met and that
the use does not have a substantial negative effect on surrounding properties or
the public health and welfare. If the Planning Director determines that the use has
such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
B. This Conditional Use Permit is granted for a period of 2 years. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed 10 years upon written
application of the Parks and Recreation Department made no less than 90 days
prior to the expiration date. The request for permit extension shall be
accompanied by a summary of the Parks and Recreation Departments
monitoring activities, and of their reports to City Council. The Planning
Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and
welfare. If a substantial negative effect on surrounding land uses or the public’s
health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no
limit to the number of extensions the Planning Commission may grant.
Developer shall install sight distance corridors at all street/driveway intersections in
accordance with Engineering Standards.
Prior to installing any facilities or completing any work within San Diego Gas &
Electric’s (Enova) easement, the applicant shall obtain SDG&E’s permission to
install facilities or complete work within their easement.
PC RESO NO. 4871 -4-
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- -...
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of December 2000 by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
h&L
WILLIAM COMPAS, Chairperso#
CARLSBAD PLANNING COMMISSION
PC RBSO NO. 4871 -5-