HomeMy WebLinkAboutCUP 88-16X3; Hawthorne Rent-It Services; Conditional Use Permit (CUP)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. I 2
P.C. AGENDA OF: February 18, 2009
Application complete date: November 17, 2008
Project Planner: Greg Fisher
Project Engineer: Jeremy Riddle
SUBJECT: CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES - Request for a
retroactive five-year extension of a Conditional Use Permit to allow the continued
operation of a construction equipment rental yard located at 2065 Camino Vida
Roble in Local Facilities Management Zone 5.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6535
APPROVING a retroactive five year extension of CUP 88-16x2 based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five year extension of CUP 88-16x2 will allow the continued operation
of a construction equipment rental yard located at 2065 Camino Vida Roble for a five year
period from November 16, 2008 through November 15, 2013. The building and construction
equipment rental yard has been operated in conformance with the required conditions of
approval during the past five years.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, James Hawthorne, is requesting a 5 year extension of CUP 88-16x2 to allow the
continued operation of a construction equipment rental yard located at 2065 Camino Vida Roble.
On November 16, 1988, the Planning Commission approved CUP 88-16 to allow the operation
of a construction equipment rental yard. On July 19, 2000, the Planning Commission approved
CUP 88-16x1, a retroactive extension of CUP 88-16, for a period of five years. On February 18,
2004, the Planning Commission approved CUP 88-16x2, the second retroactive extension of
CUP 88-16x1, for an additional five years. Condition No. 4 of the approving CUP Resolution
No. 5563 specifies that CUP 88-16x2 is granted for a period of 5 years but may be extended
upon written application of the permittee (J.T. Hawthorne). The applicant, J.T. Hawthorne,
applied in a timely manner on July 28, 2008, and is requesting approval of CUP 88-16x3 to
allow the continued operation of the construction equipment rental yard. Since mid-December of
2008, the equipment rental yard has been temporary closed due to economic conditions and the
site is currently for sale. However, the applicant would like to continue with the CUP extension
process so that his CUP entitlement rights for the site remain valid. Staff has reviewed the
project site and the files for the construction equipment rental yard and has determined that there
are no significant issues and therefore is recommending approval of an additional five year CUP
extension.
CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES
February 18, 2009
Page 2
IV. ANALYSIS
A. The Hawthorne Rent-It Services continues to be consistent with all applicable plans,
policies and regulations described below:
1. Carlsbad General Plan;
2. Title 21 of the Carlsbad Municipal Code; and
3. Local Facilities Management Plan 5.
B. The adopted project findings for CUP 88-16x2, which are contained in Planning
Commission Resolution No. 5563 still apply to this project (CUP 88-16x3).
C. The adopted project conditions for CUP 88-16x2, which are contained in Planning
Commission Resolution No. 5563 still apply to this project (CUP 88-16x3) with the
exception of Condition No. 7 which has been satisfied, and Condition No. 4 which is
replaced by new Condition No. 4 in Planning Commission Resolution No. 6535 to
retroactively extend CUP 88-16x2 for 5 years from November 16, 2008 through
November 15, 2013.
D. No formal written complaints regarding CUP 88-16x2 have been submitted to the City
over the past 5 years. However, during the early public notice process for the renewal of
CUP 88-16x2, staff received an email (See Attachment No. 7). The email was received
from Ron Hogan, the president of the Poinsettia Heights HOA (a nearby residential
subdivision). Mr. Hogan noted that the HOA had received several complaints from
residents in response to the early public notice process for the CUP extension. The
residents complained of early morning noise emanating from the equipment rental yard
before 6:00 a.m., which as conditioned in Planning Commission Resolution No. 5563, is
the earliest time in the morning that operations can begin except for emergencies. The
email was forwarded to the applicant and they were reminded that operations were
restricted on a daily basis to the hours of 6:00 a.m. - 7:00 p.m. The applicant committed
to comply with this time restriction.
E. Annual reviews have been conducted for CUP 88-16x2 over the past 5 years and no
violations of the conditions of approval were noted.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
The equipment rental yard business has been in continuous operation for the past 20 years.
ATTACHMENTS:
1. Planning Commission Resolution No. 6535 (CUP 88-16x3)
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 5563, dated February 18, 2004
CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES
February 18, 2009
Page 3
5. Planning Commission Resolution No. 4804, dated July 19, 2000
6. Planning Commission Resolution No. 2791, dated November 16, 1988
7. Complaint letter from Ron Hogan, president of the Poinsettia Heights HOA
wor ro SCALE
SITEMAP
Hawthorne Rent-It Services
CUP 88-16x3
City of Carlsbad
Planning Department
DISCL OSURE STA TEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint "venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality,' district or other political subdivision or any other group or combination acting as a unit."
1 'Agents may sign this document; however, the legal name and entity, of the applicant and property owner must
be provided below. - - - ." "_ ^ _ , _ .r.v:-.
1 . APPLICANT (Hoi the applicant's agent;
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names,
titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person J«Hawthorne, Trustee
Hawthorne Family Trust dated
Title March 10. 1989 as Amended
Address 16945 Camino San Bernardo
San Diego, CA 92127
Corp/Part
Title
Address •>?-/( "rt '#? / J^ '0 i/fetA
2. OWNER fNot the owner's agent;
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE'BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person J- T. Hawthorne, Trustee
Hawthorne Family Trust dated
Tlt'° March 10, 1989. as Amended
Corp/Part
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6024600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3.NON-PROFIT ORGAN1ZA TION OR TRUST
If any person identified pursuant to (1) or. (2) above is a nonprofit organization or a
trust, list the names and addresses of ANY person serving as an officer or_jlifecr5r-of
.the non-profit organization or as trustee or beneficiary of the.
Non Profit/Trust
Title
Address
4.Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
Yes No If yes, please indicate person(s): r€.r?g,n I
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.n
Signature of owner/date
J,T. Hawthorne
Print or type name of owner
-Signature of applicant/date
J. T. Hawthorne
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
1 PLANNING COMMISSION RESOLUTION NO. 5563
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
,, CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE-YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF A CONSTRUCTION EQUIPMENT RENTAL
5 YARD ON PROPERTY GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND
6 LAS PALMAS DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
7 CASE NAME: HAWTHORNE RENT-IT SERVICES
0 CASE NO.: CUP 88-16x28 __^__^——•—^—^____^^——_——_^__—_^__
9 WHEREAS, James T. and Dorothy L. Hawthorne, "Owners/Developers" have
10 filed a verified application with the City of Carlsbad regarding property described as:
11 Lot 4 of Carlsbad Tract No. 80-33 according to Map No. 10061
filed April 15, 1981 in the Office of the County Recorder,
12 County of San Diego
13 ("the Property'); and
14 WHEREAS, said verified application constitutes a said request for a Conditional
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Use Permit Extension as shown on Exhibits "A" - "D" dated November 16,1988, on file in the
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Carlsbad Planning Department and as provided by the conditions of approval of CUP 88-16x1
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and Chapter 21.42 of the Carlsbad Municipal Code; andlo
19 WHEREAS the Planning Commission did, on the 18th day of February, 2004,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23 relating to the CUP Extension.
24 WHEREAS, on July 19,2000, the Planning Commission approved CUP 88-16x1
25 as described and conditioned in Planning Commission Resolution No. 4804.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:28
A) That the foregoing recitations are true and correct.
That based on the evidence presented at the
Commission APPROVES HAWTHORNE RENT-IT SERVICES - CUP 88-
2 B) That based on the evidence presented at the public hearing, the Planning
16x2, based on the following findings and subject to the following conditions:
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Findins;
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1. The adopted findings for CUP 88-16x1 which are contained in Planning Commission
6 Resolution No. 4804 apply to this extension and are incorporated by this reference.
7 Conditions;
o
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
9 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
10 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
11 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.
14 2. All conditions of approval imposed upon Conditional Use Permit CUP 88-16x1 as stated
in Planning Commission Resolution No. 4804 shall apply as conditions of approval for
15 CUP 88-16x2 and are incorporated by this reference, except Condition No. 4 which has
been satisfied, and Condition No. 2 is replaced by Condition No. 4 below.
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3. 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
20 substantial negative effects.
21 4. This Conditional Use Permit is granted for a period of five (5) years retroactively from
November 16, 2003 through November IS, 2008. This permit may be revoked at any
22 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
24 not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
25 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
26 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
27 is no limit to the number of extensions the Planning Commission may grant.
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PC RESO NO. 5563 -2-
This project is approved subject to the condition that the following operations are
restricted on a daily basis to the hours of 6:00 a.m. - 7:00 p.m. Operations can
commence earlier than 6:00 a.m. to enable a timely response to emergency
- requirements. Hawthorne staff will document emergency requirements for review
by City of Carlsbad staff as necessary.
4
a. The operation or maintenance of vehicles or machinery including cleaning
5 that causes disturbing, excessive or offensive noise to adjacent residences to
the south of the property.
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Engineering;
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6. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
10 pollutants to an acceptable level prior to discharge from the site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
11 Said plans shall include, but not be limited to notifying prospective owners and tenants of
the following:
12
A. All owners, tenants and employees shall coordinate efforts to establish or work
with established disposal programs to remove and properly dispose of toxic and
1 A hazardous waste products.
15 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
16 fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
19 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
20 when planning any changes to the landscaping and surface improvements.
21 7. Within 6 months of the date of the extension of this Conditional Use Permit,
Developer shall submit to and receive approval from the City of Carlsbad
22 Engineering Department of a Storm Water Management Plan (SWMP). Pursuant
to the City of Carlsbad Standard Urban Stormwater Management Plan (SUSMP),
2 this project is required to capture and reduce pollutants to the maximum extent
_. practicable. The SWMP shall address the anticipated pollutants of concern
associated with the Project and shall suggest the both point-source and structural
25 Best Management Practices (BMPs) required to avoid and capture/filter said
anticipated pollutants of concern prior to discharge off the site. The SWMP shall
26 provide evidence that numeric sizing requirements have been met.
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PC RESO NO. 5563 -3-
1 8. Within 12 months of the date of the extension of this Conditional Use Permit,
Developer shall have constructed the necessary BMP measures necessary to capture
2 and filter the anticipated pollutants of concern associated with the Project in
- accordance with the City-approved SWMP and the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements. Developer
4 shall provide evidence of completion to the satisfaction of the City Engineer.
5 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
7 "fees/exactions."
g 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
9 66020(a), and file the protest and any other required information with the City Manager for
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.
12 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
13 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
14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 5563 -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 18th day of February 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery, and Whitton
NOES: None
ABSENT: Commissioners Dominguez and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PCRESONO. 5563 -5-
1 PLANNING COMMISSION RESOLUTION NO. 4804
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
4 CONTINUE TO ALLOW THE OPERATION OF A
CONSTRUCTION EQUIPMENT RENTAL YARD ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
6 CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5.
7 CASE NAME: HAWTHORNE RENT-IT SERVICES
CASE NO.: CUP 88-16x18
g WHEREAS, James T. and Dorothy L. Hawthorne, "Owners,"/"Developers"
10 have filed a verified application with the City of Carlsbad regarding property described as:
11 Lot 4 of Carlsbad Tract No. 80-33 According to Map No. 10061
Filed April 15, 1981 in the Office of the County Recorder,
12 County of San Diego.
13 ("the Property"); and
14
WHEREAS, said verified application constitutes a request for a Conditional Use
15
Permit Extension as shown on Exhibits "A" - "D" dated November 16, 1988, on file in the16
17 Carlsbad Planning Department and as provided by the conditions of approval of CUP 88-16x1
18 and Chapter 21.42 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 19th day of July, 2000, hold a
20 duly noticed public hearing as prescribed by law to consider said request; and
21
WHEREAS, at said public hearing, upon hearing and considering all testimony
22
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
£<J
24 relating to the CUP Extension.
25 WHEREAS, on November 16, 1988, the Planning Commission approved CUP
26 88-16 as described and conditioned in Planning Commission Resolution No. 2791.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES HAWTHORNE RENT-IT SERVICES, CUP 88-
16x1, based on the following findings and subject to the following conditions:
4
, Findings:
5 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
7 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that this use provides a needed service to the community
° since construction equipment is still needed for the continuing development of
nearby industrial and residential properties; the use is screened from other uses
and; the use does not interfere or negatively impact any surrounding uses.
10
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
11 that all equipment storage is accommodated onsite without any intrusion into
required setbacks.12
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
14 provided and maintained, in that the site is screened by a combination of berms and
landscaping.
15
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that this use generates very little traffic and the
17 access to the site has been located at the most visible portion of the site.
18 Conditions;
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
21 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
22 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
24 this Conditional Use Permit Extension.
25 2. This Conditional Use Permit is extended for a period of five (5) years, effective
retroactively from November 16, 1998 to November 16, 2003. This conditional use
26 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
2g 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
PC RESO NO. 4804 -2-
uses and the public's health and welfare, or the conditions imposed herein have not been
2 met. This permit may be extended for a reasonable period of time not to exceed five (5)
years upon written application of the permittee made no less than 90 days prior to the
3 expiration date. The Planning Commission may not grant such extension, unless if finds
that there are no substantial negative effects on surrounding land uses or the public's
4 health and welfare. If a substantial negative effect on surrounding land uses or the
r 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.
7 3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the CUP 88-16x1 documents, as necessary to make them internally
° consistent and in conformity with the final action on the project. Development shall
o occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
10
4. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Extension by Resolution No. 4804 on the real property owned
by the Developer. Said Notice of Restriction shall note the property description, location
of the file containing complete project details and all conditions of approval as well as
14 any conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
15 which modifies or terminates said notice upon a showing of good cause by the Developer
, f or successor in interest.lo
17 5. AH other conditions contained in Planning Commission Resolution 2791, except as
modified herein, remain in full force and effect.
18
19 NOTICE
20 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
21 "fees/exactions."
22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
23 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
24 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
25 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
27 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
28 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
PC RESO NO. 4804 -3-
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following vote, to wit:
6
AYES: Chairperson Compas, Commissioners Baker, Heineman,
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 19th day of July, 2000, by the
X-f7
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
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8 NOES:
9 ABSENT:
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ABSTAIN:
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L'Heureux, Nielsen, Segall, and Trigas
AMICHAEL/HOLZMILLER/
7 Planning EnrectorV
PC RESO NO. 4804 -4-
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PLANNING COMMISSION RESOLUTION NO. 2791
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO LOCATE A
CONSTRUCTION EQUIPMENT RENTAL YARD ON PROPERTY GENERALLY LOCATED
ON THE SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS DRIVE.
APPLICANT: HAWTHORNE
CASE NO: CUP 88-16
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 16th day of November, 1988, hold a duly noticed public
hearing to consider said application on property described as:
LOT 4 OF CARLSBAD TRACT NO. 80-33 ACCORDING TO MAP NO. 10061 FILED
APRIL 15, 1981.
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 CUP 88-16. 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 CUP 88-16, based on the following findings and
subject to the following conditions:
Findings:
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
or to uses specifically permitted in the zone in which the proposed use
is to be located, because this use provides a needed service to the
community and will be screened from other uses in the area.
2. That the site for the intended use is adequate in size and shape
1 to accommodate the use, because all of the proposed storage can be
accommodated onsite without necessitating any intrusion into the
2 required setbacks.
3 3. That all of the yards, setbacks, walls, fences, landscaping, and
other features necessary to adjust the requested use to existing
4 or permitted future uses in the neighborhood will be provided and
maintained, because the site will be screened by a combination of
5 berns and landscaping.
6 4. That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use because
7 this use will generate very little traffic and the access to the
site has been located at the most visible portion of the site.
8 (Ord. 9252 §l(part), 1970: Ord. 9060 §1401).
9 5. The site is physically suitable for the type and intensity of the
development since the site is adequate in size and shape to
10 accommodate industrial development at the intensity proposed.
11 6. The Planning Commission has, by inclusion of an appropriate
condition to this project, ensured building permits will not be
12 issued for the project unless the City Engineer determines that
sewer service is available, and building cannot occur within the
13 project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public
14 Facilities Element of the General Plan have been met insofar as
they apply to sewer service for this project.
15 7. School fees will be paid to ensure the availability of school
16 facilities in the Carlsbad School District.
17 8. Park-in-lieu fees are required as a condition of approval.
18 9. All necessary public improvements have been provided or will be
required as conditions of approval.
19 I '
10. The applicant has agreed and is required by the inclusion of an
20 appropriate condition to pay a public facilities fee. Performance
of that contract and payment of the fee will enable this body to
21 find that public facilities will be available concurrent with need
as required by the General Plan.
22
11. The proposed project is compatible with the surrounding future
23 land uses since surrounding properties are designated for
industrial development on the General Plan.
24
12. This project will not cause any significant environmental impacts
25 and a Negative Declaration has been issued by the Planning Director
on October 12, 1988 and approved by the Planning Commission on
26 November 16, 1988. In approving this Negative Declaration the
27 PC RESO NO. 2791 -2-
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Planning Commission has considered the initial study, the staff
analysis, all required mitigation measures and any written comments
received regarding the significant effects this project could have
on the environment.
13. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any requirement
4 approved as part of the Local Facilities Management Plan for Zone
5.
CONDITIONS
1. Approval is granted for cup 88-16, as shown on Exhibit(s) A-D,
dated November 16, 1988, incorporated by reference and on file in
the Planning Department. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x
36", 100 scale mylar copy of the site plan as approved by the
10 Planning Commission. The site plan shall reflect the conditions
of approval by the City. The plan copy shall be submitted to the
11 City Engineer prior to issuance of building permits or improvement
plan submittal, whichever occurs first.
12 This project is approved upon the express condition that building
13 permits will not be issued for development of the subject property
unless the City Engineer determines that sewer facilities are
14 available at the time of application for such sewer permits and
will continue to be available until time of occupancy. This note
15 shall be placed on the final map.
16 4. This project is also approved under the express condition that the
applicant pay the public facilities fee adopted by the City Council
17 on July 28, 1987 and as amended from time to time, and any
development fees established by the City Council pursuant to
18 Chapter 21.90 of the Carlsbad Municipal Code or other ordinance
adopted to implement a growth management system or facilities and
19 improvement plan and to fulfill the subdivider's agreement to pay
the public facilities fee dated August 24, 1988, and the agreement
20 to pay the Growth Management Fee dated August 24, 1988, copies of
which are on file with the City Clerk and are incorporated by this
21 reference. If the fees are not paid this application will not be
consistent with the General Plan and approval for this project
22 shall be void.
23 5. The applicant shall pay park-in-lieu fees to the City, prior to
the approval of the final map as required by Chapter 20.44 of the
24 Carlsbad Municipal Code.
25 6. The applicant shall provide school fees to mitigate conditions of
overcrowding as part of building permit application. These fees
26 shall be based on the fee schedule in effect at the time of
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building permit application.
7. Water shall be provided to this project pursuant to the Water
2 Service agreement between the City of Carlsbad and the Costa Real
Water District, dated May 25, 1983.
3
8. This project shall comply with all conditions and mitigation required by
4 the Zone 5 Local Facilities Management Plan approved by the City Council
on August 4, 1987, incorporated herein by reference, and on file in the
5 Planning Department and any future amendments to the Plan made prior to
the issuance of building permits.
6
GENERAL CONDITIONS
7
9. If any condition for construction of any public improvements or
6 facilities, or the payment of any fees in lieu thereof, imposed
by this approval or imposed by law on this project are challenged
9 this approval shall be suspended as provided in Government Code
Section 65913.5. If any such condition is determined to be invalid
10 this approval shall be invalid unless the City Council determines
that the project without the condition complies with all
11 requirements of law.
12 10. Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable City
13 ordinances in effect at time of building permit issuance.
14 11. This approval shall become null and void if building permits are
not issued for this project within one year from the date of
15 project approval.
16 12. Approval of CUP 88-16 is granted subject to the approval of PIP 88-
7.
17 13. This Conditional Use Permit is granted for a period of 10 years.
18 • This Conditional Use Permit shall be reviewed by the Planning
Director on a yearly basis to determine if all conditions of this
19 | permit have been met and that the use does not have a significant
detrimental impact on surrounding properties or the public health
20 and welfare. If the Planning Director determines that the use has
such significant adverse impacts, the Planning Director shall
21 recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions
22 to mitigate the significant adverse impacts. This permit may be
revoked at any time after a public hearing, if it is found that
23 the use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions imposed
24 herein have not been met. This permit may be extended for a
reasonable period of time not to exceed 5 years upon written
25 application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning
26 Commission shall find that no substantial adverse affect on
PC RESO NO. 2791 -4-
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surrounding land uses or the public's health and welfare will
1 result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's
2 health and welfare is found, the extension shall be considered as
an original application for a conditional use permit. There is no
3 limit to the number of extensions the Planning Commission may
grant.
4
14. Trash receptacle areas shall be enclosed by a six-foot high masonry
5 wall with gates pursuant to City standards. Location of said
receptacles shall be approved by the Planning Director. Enclosure
6 shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
7
15. All roof appurtenances, including air conditioners, shall be
8 architecturally integrated and concealed from view and the sound
buffered from adjacent properties and streets, pursuant to Building
9 Department Policy No. 80-6, to the satisfaction of the Director
of Planning, Building and Engineering.
10 16. An exterior lighting plan including parking areas shall be
11 submitted for Planning Director approval. All lighting shall be
designed to reflect downward and avoid any impacts on adjacent
12 homes or property.
13 17. No outdoor storage of material shall occur onsite unless approved
by the Fire Chief. In such instance a storage plan will be
14 submitted for approval by the Fire Chief and the Planning Director.
15 18. The applicant shall prepare a detailed landscape and irrigation
plan which shall be submitted to and approved by the Planning
lg Director prior to the issuance of grading or building permits,
whichever occurs first.
17 19. All parking lot trees shall be a minimum of 15 gallons in size.
l ft 20. All landscaped areas shall be maintained in a healthy and thriving
19 condition, free from weeds, trash, and debris.
20 21. Unless affected by grading, all existing onsite trees shall be
retained and shall be trimmed and/or topped. Dead, decaying or
21 potentially dangerous trees shall be approved for removal at the
discretion of the Planning Department during the review of a Master
22 Plan submitted showing existing onsite trees. Those trees which
are approved for removal shall be replaced on a tree-for-tree basis
23 as required by the Planning Department.
24 22. Any signs proposed for this development shall at a minimum be
designed in conformance with the City's Sign Ordinance and shall
25 require review and approval of the Planning Director prior to
installation of such signs.
26
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23. Hours of operation shall be limited to 6:00 A.M. through 7:00 P.M.
1 on weekdays and 6:00 A.M. to 6:00 P.M. on weekends.
2 24. Building identification and/or addresses shall be placed on all
new and existing buildings so as to be plainly visible from the
3 street or access road; color of identification and/or addresses
shall contrast to their background color.
4
25. Any use of power tools, such as an Impact wrench, or the running
5 of engines for extended periods shall occur inside the building to
keep noise from adjacent properties.
6
26. Prior to occupancy of the building, the Planning Director shall
7 examine the perimeter landscaping to determine if it adequately
screens the proposed outside storage. If the Planning Director
8 determines that the perimeter landscaping is inadequate, additional
landscaping shall be installed prior to occupancy.
9
27. Prior to occupancy of the proposed building, the applicant will
10 grant a parking and maintenance easement to the City of Carlsbad
over the existing city parking area on this property. The easement
11 shall be in effect for the time that the City of Carlsbad occupies
the property at 2075 Las Palmas Drive.
12
28. Three additional windows shall be located on the elevation facing Camino
13 Vida Roble. The size and location of these windows shall be approved by
the Planning Director prior to issuance of a building permit.
14
29. Prior to issuance of a grading or building permit, whichever comes first,
15 a soils report shall be prepared and submitted to the City of Carlsbad.
If the soils report indicates the presence of potential fossil bearing
16 material then a standard two phased program, on file in the Planning
Department, shall be undertaken to avoid possible significant impacts on
17 paleontological resources under the direction of the Planning Department.
18 ENGINEERING CONDITIONS
19 30. Pretreatment of the sanitary sewer discharge from this project may
be required. In addition to the requirements for a sewer
20 connection permit the developer shall conform to the requirements
of Chapter 13.16 of the Carlsbad Municipal Code. The developer
21 shall apply for an industrial waste discharge permit concurrently
with the building permit for this project. No Certificates of
22 Occupancy for the project will be issued before the industrial
waste discharge permit application requirements have been met, all
23 applicable fees paid and the permit issued.
24 31. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
25 32. The grading for this project is defined as "controlled grading"
26 by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading
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shall be performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection and
testing to ensure compliance of the work with the approved grading
plan, submit required reports to the City Engineer and verify
compliance with Chapter 11.06 of the Carlsbad Municipal Code.
33. No grading shall occur outside the limits of the project unless a
letter of permission is obtained from the owners of the affected
properties.
34. A separate grading plan shall be submitted and approved and a
separate grading permit issued for the borrow or disposal site if
located within the city limits.
35. All slopes within this project shall be no steeper than 2:1.
36. Prior to hauling dirt or construction materials to any proposed
construction site within this project the developer shall submit
to and receive approval from the City Engineer for the proposed
haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the
hauling operation.
37. The developer shall exercise special care during the construction
phase of this project to prevent any offsite siltation. The
developer shall provide erosion control measures and shall
construct temporary desiltation/detention basins of type, size and
location as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the grading plan
and shall be constructed to the satisfaction of the City Engineer
prior to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area served
shall be protected by additional drainage facilities, slope erosion
control measures and other methods required or approved by the City
Engineer. The developer shall maintain the temporary basins and
erosion control measures for a period of time satisfactory to the
City Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding in
amounts and types suitable to the City Engineer.
38. Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City Engineer.
39. The owner of the subject property shall execute a hold harmless
agreement regarding drainage across the adjacent property prior
to the approval of any grading or building permit for this project.
40. Runoff from this project is conveyed to environmentally sensitive
areas. The subdivider shall provide adequate means of eliminating
grease and oils from drainage prior to discharge. Plans for such
improvements shall be approved by the City Engineer prior to
issuance of grading or building permit.
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41. Unless a standard variance has been issued, no variance from City
Standards is authorized by virtue of approval of this site plan.
FIRE DEPARTMENT CONDITIONS
42. Prior to the issuance of building permits, complete building plans
shall be submitted to and approved by the Fire Department.
43. All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the project
shall be submitted to the Fire Department for approval prior to
construction.
44. Additional public and/or onsite fire hydrants shall be provided.
45. All private driveways shall be kept clear of parked vehicles at all
times.
46. Prior to issuance of a grading permit the applicant shall provide details
of the proposed storage and fuel dispensing area to the Fire Department
for review and permits.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of
November, 1988, by the following vote, to wit:
AYES: Chairperson McFadden, Commissioners: Schramm, Schlehuber
Holmes, Erwin and Hall.
NOES: None.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
JEANNE B. MCFADDEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOQMILLi
PLANNING DIRECTOR
PC RESO NO. 2791 -8-
From: Ron Hogan <rkhogan1739@sbcglobal.net>
To: <gfish@ci.carlsbad.ca.us>
CC: Ron Hogan <rkhogan1739@sbcglobal.net>
Date: 10/13/2008 12:50 PM
Subject: Hawthorne Rent-It Service, Request For Extension
Mr. Fisher,
My name is Ron Hogan and I am President of the Poinsettia Heights HOA. The Association has received
numerous complaints of noise emanating from The Hawthorne Rent-It Service equipment yard. Our
understanding is that Hawthorne is operating under a conditional use permit which restricts the operating
of machinery until a reasonable hour, which I believe to be 7 AM. The complaints we have received
identified equipment noise as early as 4:30 in the morning. This noise echoes up the canyon disturbing
residents. We asked our property manager, Bruner & Rosi, to ascertain who we talk to in City
Government to file conditional use permit complaints and to request the continuation of the conditional use
permit. This will allow us some legal recourse for the violations to this permit. The Association has
contacted those residents that have contacted us with complaints and those most prone to being
disturbed by the noise and given them the City
contacts to call in the future.
Thank you for your time in addressing this issue.
Ron Hogan
President, Poinsettia Heights HOA