HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55611
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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.
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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-
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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:
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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 -
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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
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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
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