HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 48041
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PLANNING COMMISSION RESOLUTION NO. 4804
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
CONTINUE TO ALLOW THE OPERATION OF A
CONSTRUCTION EQUIPMENT RENTAL YARD ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: HAWTHORNE RENT-IT SERVICES
CASE NO.: CUP 88-16x1
WHEREAS, James T. and Dorothy L. Hawthorne, “Owners,“/“Developers”
have tiled a verified application with the City of Carlsbad regarding property described as:
Lot 4 of Carlsbad Tract No. 80-33 According to Map No. 10061
Filed April 15, 1981 in the Office of the County Recorder,
County of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “D” dated November 16, 1988, on file in the
Carlsbad Planning Department and as provided by the conditions of approval of CUP 88-16x1
and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of July, 2000, 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 Extension.
WHEREAS, on November 16, 1988, the Planning Commission approved CUP
88-16 as described and conditioned in Planning Commission Resolution No. 2791.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES HAWTHORNE RENT-IT SERVICES, CUP 8%
16x1, based on the following findings and subject to the following conditions:
Findinps:
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 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.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all equipment storage is accommodated onsite without any intrusion into
required setbacks.
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 is screened by a combination of berms and
landscaping.
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
access to the site has been located at the most visible portion of the site.
Conditions:
1. 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 Extension.
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
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
PC RESO NO. 4804 -2-
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3.
4.
5.
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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 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 extension, unless if 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 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.
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
occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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 tile containing complete project details and all conditions of approval as well as
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
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
All other conditions contained in Planning Commission Resolution 2791, except as
modified herein, remain in full force and effect.
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
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 fees/exactions
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
PC RESO NO. 4804 -3-
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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
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chai erson
CARLSBAD PLANNING COMMISSION
II PC RBSO NO. 4804 -4-