HomeMy WebLinkAboutCUP 23; Fox Snug Harbor; Conditional Use Permit (CUP) (2)r-
Name of AppTicant: FRANCIS JOHN AND VIRGINIA E. FOX
Resolution Number: 393
REPORT OF FINDINGS TO THE COMMISSION
1. Notfce of the time and place of the hearing OR the above appllcation was given as required by the Zoning Ordinance, and a hearing on said application was scheduled for April 13, 1965, by the Commission.
Facts resulting from the staff investigation e. are:
(a) The applicant is requesting a Conditional Use
2.
Permit to allow overnight camping for not more than thirty (30 families. Permit request is for a period of time not to exceed five years.
(b) The land is physically suited to accommodate such a use.
(c) The use would be an accessory to and compatible with the existing boat launching and docking f ac i 1 i ti es .
(d) The particular site, adjacent to the water, is especially suited to the intended purpose.
(e) The use, if located in accordance with the recommendations following, would not be detri- mental to the surrounding properties.
The use would not materially alter the traffic, noise, smoke, etc., now existing. (f)
3. It is recommended that the Conditional Use Permit be subject to the following conditlons if granted:
(a) Camping spaces shall be a minimum of twenty feet wide and fovty feet deep and shall all be located within fifty feet of the waters' edge.
J
Francis John and Virginia E. Fox
Resolution Number 393
Page 2
(b) Upon completion of the sewer line serving this property by the City, the applicant shall:
(1) Immediately hook up all existing toilet facilities.
(2) Within ninety days a building tripling the exist'lng toilet facilities shall be constructed on subject property and hooked up to the sewer.
Further recommendations pertaining to the length of stay and definitions of overnight camping will be submitted at the Commission meeting.
D SCHORL Planning Director
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April 13, 1965
Name of Applicants: FRANCIS JOHN AND VIRGINIA E. FOX
Resolution Number: 392
REPORT OF FINDIMGS TO THE COMMISSION (continued)
3. (c) Motor propelled boats shall not be operated after sundown.
(d) Individual trailers shall not remain on the subject property on consecutive nights.
(e) Conditional Use Permit shall be limited to a period of two years to allow for re-examina- tion of the facts with regard to the General Plan at that ttme.
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NALD SCHOELL Planning Dtrector
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&-e;alL - Conditional Use Permit Overnight
Oecupancy - Fox Snug Hardor
The following points have been examined and considered in accordance with
the Mayor's appointment of Councilmen Jardine and Neiswender at a committee
to study the subject appeal. Idormation as presented below has been developed
on the basis of visits to the site and diseussicsns with the owner; conferences
with the City Planning Director; and taking into account those points of
objection raised at the immediately previous Council Meeting.
offered below are in random order and provide the basis for an oral report
that will be given at the forthcoming Council Meeting May 18th.
The points
1.
2.
3.
4.
Ekistiag structures to remove
The owner plans to remove the fallowing building8 in
accordance with the granting of the Conditional Use Permit
and general improvememt sf the facility.
a. Existing snack bar
b. Existing equipment shed
c. Existing toilet facilities
The owner plans to construct a single building facility to
combine functions served by demolished structures.
The approximate building size to be 40 x 45 feet, a
portion of which is to be cmlstruebd over water on
pilings.
Arrangement of camper locations in a 50 foot strip bordering
the waterso edge providing 30 parking bays of minimum 20 x
40 feet.
Advantage: Camper location ts at the extreme distance
from neighboring proper tie^.
Note: All property Owners within 300 feet approved
raquelrt for Conditional Use Permit.
Code : The proposed Conditional Use Permit conforms
to existing City Codes with respect to:
a. Noise
b. Fumes
c. Obnoxious oderrr
Daytime appearance
a. Existing condition - "ha presently existing situatbn
for boats, vehicles, trailere, campersp etc. provides
no order. The same may be arranged in any array on
property.
Propored condition - Campers parked overnight will be
arranged in an orderly, planned farhion and should
improve the daytime appearance of the area. Daytime
traffic is expected to conform somewhat to the proposed
layout for camper parking.
b.
?-
5. Control
a. Present condition civil control - The area is nominally
the City's responsibility and has in the past posed no
great problem.
b. Proposed condition - Although nominal City control will
remain the same (a), additional leverage of control
will be provided by the existgnce of the Conditional Use
Permit in as much as infractions of these items (which
are the basis for the granting & the Conditional Use
Permit) will be cause for revcpcation/suspension of the
permit.
6. Sewer
Several salient points are written into the Ordinance an the
basis for the Conditional Use Permit.
a. Within 90 days of the completion of the trunk line being
installed in the area. all toilet facilities on the property
shall be connected.
The owner shall triple the capacity of existing toilet
facilitaes.
b.
7. Use hours
a. Boating hours shall continue as in the past, no speeds in
excess of 5 miles per hour shall be permitted between
the hours of 30 minutes past sunset and 8 AM the
following day.
Boats shall not be permitted to carry anything in tow
during low speed hours.
b.
8. Stay period limitation of:
a.
b.
The stay period shall be 3 nights maximum.
ft is felt that if eome campers should return for an
additional 3 days stay after a day of absence that
ths primary purpose of this limit will be served,
namely, that the gutat shall be caused to confine his
personal effects and not establish a spread out or
cluttered parkipg spot.
9. Items of possible further restriction to Ordinance
(At the Cou11cil~s election if desired) Although the
owner expects to include the following points in his
Code of Conduct, the Council at ita election may wish to in-
corporate some or all of these items ab addiaon6 to the
Code as written.
a. No clothes liner shall be erected external the camper
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b.
c.
d.
No waehfnge shall be dried external to &e camper
No bedding shall be aired in public view.
Personal ef€ects shall be kept under control
10. Term - Conditional Use Permit
a.
b.
Term - requested by property owner 5 years.
Term - granted in Conditional Use Permit by Planning
Commission 3 years to allow review and examimation of
conditions and to make adjustments as necessary.
11. Allowed and excluded types of caxnping devices and facilities.
a. The following types of camping devices and facilities are
allowed under the proposed Planning Commission Conditional
Use Perm€t
(1) Camper@
(2) Self -propedled camping vehicles.
(31 Towed camping trailers
It is subgested thcat the Council might amend the terms
of the Conditional Voe Permit to exclude towed trailers
and camping trailers which fold out as tents.
property owner supports and requests this exclusion.
b.
The
12. Major point8 in conformity to State Act aa specified in
Conditional Use Permit.
a. Name of Act and comforming section: The applicable
State Act is the Mobile Homes and Mobile Homes Park
Act.
b. Major points of codormity to applicable Act and Section
(1) No earnper shall reside cheer than 4 feet to any
bugding or other camper.
(2) Shall reside no closer than 3 feet to any property or
(3) Shall front on a driveway not less than 15 feet in width.
(4) Sanitary Conditions per Health and Safety Code Division 13,
The applicable section if3 Recreational Trailer Parks.
lot lime.
Part 2, Chapter 5, A~ticlc 5.
a.
b.
Public toilets and showers shall be provided.
One toilet, one shower, one lavatory shall be
provided for each sex for each 10 mobile homehapandent
lots (Dependent is cowtrued to mean those campers
which do not contain their own sanitary facilities)
FloorB of each toilet facility shall be of water proof
materid; concrate, cement, or otbsr approved
mater id.
c.
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13.
14.
15.
d.
e.
f.
I.
h.
i.
Shower baths shall be provided with hot and cold
running water.
an8 shall be separate for each sex.
Sanitary facilities shall be kept clean, free from
obnoxious oderr, free of insects and shall be
provided with aa equivalent of 3 square feet of
window for each toilet facility, bath and urinal
and not to exceed 1/4 of total floor area.
Waste containers of an approved form shall be provided.
All garbage, waste and rubbish shall be removed
from the premises without creation of a nutrance.
The tract of land used for recreational mobile home
parks shal be well drained, graded, free from dust
kept clean and free from refuse, garbage and dsb~ir
(weeds)
Pendtiea for infraction of Code points as enumerated.
The violator shall be found gcrilty of a misdameanor.
Such misdemeanor punishable by a fine not to exceed
$200.00, impriuonment not to exceed 30 days or both.
Shall be provided ae an enclosure
Arrivals and Departures
Although the manning Commission made no specification
with recrpect to arrival and departure in the granting of a
Conditbnal Use Permit, again,, thi~ point may be added as
an amendment by the CouncIl or the Council may direct
that the owner include such a provision in his Code for
Conduct .
a. The following arrival and departure schedule might be
considered as a starting point: No arrivals ‘after
11 PM, no departures earlier than 6 AM.
Addendem thought: (The Council should be mindful
that although specific arrival and departure hours
may be desirable, such a specification may have the
effect of confining guests somewhat in the manner of
Jaw.
Location of toilet facilities on property.
Toilet facilities will be located within the 50 foot strip
from the water% edge.
Fire and Safety
a. The staff ha8 been asrrigned to look into mamra pertaining
to ingts6r and egraaa as it relaters to the possibluity of
fire and ita relationship to heavily parked traffic in the area.
A recond consideration lr the ability of the recreation site
to provide oupsrficial firrt aid.
b.
/4 '7 Addendum to Cod A study appeal for Fox Conditio-dl Use Permit
Several further points were pet to be cleared up which were best answered
by a reprssentative of the California Department of Industrial Relations,
Division of Housing. I spoke with Mr. J. H. Hartis, who has the responsibility
for an area adjofnrmg the Stab area which aer~ea Carlsbad and who
&a a responsibQfty parallel to Mr. Tom ClotWorthy, whose furisdiction
is. appltcable to the area serving Carlsbad.
Several points appear fo require clarification as follows:
I.
2.
3.
4.
5.
Applicability of the Mobile Homes and Mobile Home Park Act:
The Act applies to the Conditional Use Permit at any time when
staying overnight is involved whether it be one night or more.
The provieions of the Act under which the Conditional Uae Permit
is sought is referred to ar Recreational Trailer Parks, Title 8,
Cbpbr 9, Article 2, ti, =rt 3.
Provisions of the Mobile Home Psrk Act, notwithstanding,
Cities, Countier and jurirdicdon of lsaeer than Stah, xnay
restrict further the provisionr of the Act. This morns that
in the case of Carlsbad, if certain kinds of camping vehicle@
or facilities are excluded from a specific application, ouch
rsrtriction is legal and enforcable. In additioa to earlier teferencer in the basic study pertaining
to facilities provided under the Recreational Trailer Psrk
section of the Act, each mobb home lot must also be provided
with a three conductor water-proof electrical outlot providing
a miairnun uervtca capacity ot 1800 wats.
There is no requirement that each mobile home rite must be
paved aor that potable water murt be provided on a baris other
than to be within 100 feet of each mobile home lot and that a
sewage disposal station must be provided within 400 feet of
each such lot.