Loading...
HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5561 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A SINGLE VAULT TOILET ON PROPERTY GENERALLY LOCATED NORTH OF THE SOUTH CARLSBAD STATE CAMPGROUND AND WEST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: NORTH PONTO TOILET CASE NO.: CUP 03-20 WHEREAS, the California Department of Parks and Recreation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of La Costa State Park in the City of Carlsbad, County of San Diego, State of California, west of Carlsbad Boulevard (Hwy 101), southerly of Lot 1 of Poinsettia Beach Unit No. 1 per Map No. 3897, and northerly of the northerly boundary and its westerly prolongation of Sea Bluff Village per Map No. 7274, both maps filed in the Office of the County Recorder of said county (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” and “B” dated February 4, 2004, on file in the Planning Department, NORTH PONTO TOILET - CUP 03-20, as provided by Chapter 21.42 andor 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of February 2004, hold a duly noticed public hearing as prescribed by law to consider said request; 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES NORTH PONTO TOILET - CUP 03-20, based on the following findings and subject to the following conditions: Findinm: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the site is located within an existing California Department of Parks and Recreation beachfront parking lot with a General Plan and zoning designation of Open Space. The proposed toilet will not be detrimental to other existing and permitted beach uses in the area. The proposed toilet will replace the existing portable restroom stalls located onsite and will enhance the public health, safety and welfare of beach users in this part of the City. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the toilet structure is designed for location within one of the existing parking stalls onsite. The parking space will be converted into the toilet buildinghe. It will not impact nor displace the existing handicap spaces located to the north of the proposed structure, nor the non-handicap parking spaces located south of the toilet structure. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the site currently exists as a 10’ x 22’ parking space and the proposed structure has a building footprint size of approximately 6’ x 14.’ The site and adjacent parking spaces will be restriped along with new signage to clearly indicate handicap accessibility to the toilet as well as the parking spaces. There is also adequate space for a maintenance truck to service the single vault twice a week to keep it safe and open for public use. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Carlsbad Boulevard provides direct access to the California Department of Parks and Recreation parking lot, including the proposed toilet site location, without impacting the safety of vehicles or pedestrians. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 - New Construction of Small Structures of the state CEQA Guidelines. In making this determination, the PC RES0 NO. 5561 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall OCCUT substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. This approval is granted subject to the approval of CDP 03-27 and is subject to all conditions contained in Planning Commission Resolutions No. 5562 for those other approvals incorporated herein by reference. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) PC RES0 NO. 5561 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising fkom the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to Planning Director a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This Conditional Use Permit shall be reviewed by the Planning Director annually 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. Hours of operation shall be 7:OO am to dusk, to be maintained by State Parks staff. A field pre-construction meeting shall take place with State Parks staff, City staff and contractors. The site shall be restriped and resigned to clearly designate parking spaces, handicap uses, etc., to the satisfaction of the Planning Director. An on-going anti-graffiti program shall be maintained by State Parks staff, subject to monitoring by the City of Carlsbad. Bollards shall be located around the toilet structure to prevent damage from automobiles, to the satisfaction of the Planning Director. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for PC RES0 NO. 5561 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of February 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MEiISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5561 -5-