HomeMy WebLinkAbout2004-02-18; Planning Commission; Resolution 55631
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PLANNING COMMISSION RESOLUTION NO. 5563
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
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.
RETROACTIVE FIVE-YEAR EXTENSION OF A
CASE NAME: HAWTHORNE RENT-IT SERVICES
CASE NO.: CUP 88-16x2
WHEREAS, James T. and Dorothy L. Hawthorne, “OwnersDevelopers” have
filed 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 said 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 18th day of February, 2004,
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 July 19,2000, the Planning Commission approved CUP 88-16x1
as described and conditioned in Planning Commission Resolution No. 4804.
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 Plannin
Commission APPROVES HAWTHORNE RENT-IT SERVICES - CUP 88-
16x2, based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 88-16x1 which are contained in Planning Commission
Resolution No. 4804 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
4.
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.
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
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.
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
substantial negative effects.
This Conditional Use Permit is granted for a period of five (5) years retroactively from
November 16,2003 through November 15, 2008. 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 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 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
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.
PC RES0 NO. 5563 -2-
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5. This project is approved subject to the condition that the following operations are
restricted on a daily basis to the hours of 6:OO a.m. - 7:OO p.m. Operations can
commence earlier than 6:OO 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.
a. The operation or maintenance of vehicles or machinery including cleaning
that causes disturbing, excessive or offensive noise to adjacent residences to
the south of the property.
En Pineering :
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
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.
Said plans shall include, but not be limited to notifying prospective owners and tenants of
the following:
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
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
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.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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
Engineering Department of a Storm Water Management Plan (SWMP). Pursuant
to the City of Carlsbad Standard Urban Stormwater Management Plan (SUSMP),
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
Best Management Practices (BMPs) required to avoid and capture/filter said
anticipated pollutants of concern prior to discharge off the site. The SWMP shall
provide evidence that numeric sizing requirements have been met.
PC RES0 NO. 5563 -3-
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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
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
shall provide evidence of completion to the satisfaction of the City Engineer.
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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5563 -4-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f 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:
Planning Director
PC RES0 NO. 5563 -5-