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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 DS/ds L. c I r 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. JL-&e4ce NALD SCHOELL Planning Dtrector DS/ds &-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 $ I r' 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. I 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.