HomeMy WebLinkAboutMCUP 14-10; Hawthorne Temporary Parking; Conditional Use Permit (CUP)MCUP 14-10-HAWTHORNE TEMPORARY PARKING
August 1, 2014
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3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner in order to
integrate the use with other uses in the neighborhood in that no new structures are proposed
on the site. The existing paved area will be used for parking vehicles on a daily basis and is
adequate to accommodate up to 121 vehicles. '
4. That the street system serving the proposed use is adequate to properly handle all tr<iffic
generated by the proposed use in that the site will be accessed from Camino Vida Roble which
is an existing Secondary Arterial street with adequate capacity to accommodate the project's
average daily trips (ADT).
5. That the City Planner 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 15301 -Existing Facilities, of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
6. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this approval, 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:
1. Approval is granted for MCUP 14-10 as shown on Exhibits "A"-"B" dated August 1, 2014 on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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; record a notice of violation on the property title; 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 Minor
Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 14-10 documents, as necessary to make them internally consistent
and in conformity with the final action on the project. Development shall occur substantially as.
shown on the approved Exhibits. Any proposed development different from this approval shall
require an amendment to this approval.
MCUP 14-10-HAWTHORNE TEMPORARY PARKING
August 1, 2014
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4. The 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 Minor Conditional Use Permit, (b) 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 from the
emission by the facility of electromagnetic fields or other energy waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
7. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property.
8. MCUP 14-10 shall be reviewed by the City Planner 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, safety and general welfare. If the City
Planner determines that: 1) the minor conditional use permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3)
the conditions of approval have not been met; or 4) the minor conditional use permit is being or
recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use
for which such approval was granted has ceased to exist or has been suspended for one year or
more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use
permitted by the minor conditional use permit is being or has been so exercised as to be
detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City
Planner shall hold an informal public hearing and after providing the permittee the opportunity
to be heard, the City Planner may revoke and terminate the minor conditional use permit in
whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose
new conditions.
9. This Minor Conditional Use Permit is granted for a period of one year from August 1, 2104
through July 31, 2015. This permit may be revoked at any 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 not to exceed one year upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such 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 oh surrounding 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 is no limit to the number of extensions the Planning Commission
may grant.
MCUP 14-10-HAWTHORNE TEMPORARY PARKING
August 1, 2014
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10. 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 residential housing
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.
11. This approval shall become null and void if not exercised within three months from the date of
project approval.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
Engineering:
13. Lessor shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited
to pollution control practices or devices, erosion control to prevent silt runoff, general
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable.
14. All fire lanes shall be clearly marked to the satisfaction of the Fire Marshall.
Code Reminders:
15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 the 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 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.