The URL can be used to link to this page

Home My WebLink About2009-02-18; Planning Commission; Resolution 65351 PLANNING COMMISSION RESOLUTION NO. 6535 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 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 YARD ON PROPERTY LOCATED 2065 CAMINO VIDA 6 ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: HAWTHORNE RENT-IT SERVICES 7 CASE NO.: CUP 88-16X3 8 WHEREAS, J. T. Hawthorne Family Trust, "Owner/Developer," has filed a 9 verified application with the City of Carlsbad regarding property described as: 10 Lot 4 of Carlsbad Tract No. 80-33 according to Map No. 10061 11 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 Permit Extension as shown on Exhibits "A" - "D" dated November 16, 1988, on file in the 16 Planning Department HAWTHORNE RENT-IT SERVICES - CUP 88-16X3, as provided by 17 the conditions of approval of CUP 88-16x2 and Chapter 21.42 and/or 21.50 of the Carlsbad18 j 9 Municipal Code; and 20 WHEREAS, the Planning Commission did, on February 18, 2009, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the CUP Extension; and 26 WHEREAS, on February 18, 2004, the Planning Commission approved CUP 27 88-16x2 as described and conditioned in Planning Commission Resolution No. 5563; and 28 WHEREAS, on July 19, 2000, the Planning Commission approved CUP 88-16x1 as described and conditioned in Planning Commission Resolution No. 4804; and 1 WHEREAS, on November 16, 1988, the Planning Commission approved CUP 2 88-16 as described and conditioned in Planning Commission Resolution No. 2791. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 - Commission of the City of Carlsbad as follows: 6 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 88- 16X3, based on the following findings and subject to the following conditions: 9 Findings: 10 1. The adopted findings for CUP 88-16X2 which are contained in Planning Commission Resolution No. 5563 apply to this extension and are incorporated herein by this reference. 12 2. That the Planning Director has determined that the project belongs to a class of projects 13 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, 1 <- of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not 1 6 apply to this project. 17 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, 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 , Q degree of the exaction is in rough proportionality to the impact caused by the project. 20 Conditions; 21 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 23 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 24 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 ~r or a successor in interest by the City's approval of this Conditional Use Permit extension. 27 2. All conditions of approval imposed upon Conditional Use Permit CUP 88-16X2 as stated 28 in Planning Commission Resolution No. 5563 shall apply as conditions of approval for PCRESONO. 6535 -2- CUP 88-16X3 and are incorporated by this reference, except Conditions No. 7 which 2 have been satisfied, and Condition No. 4 is replaced by new Condition No. 4 below. 3 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 6 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 7 4. This Conditional Use Permit is granted for a period of five (5) years retroactively from November 16, 2008 through November 15, 2013. This permit may be revoked at any 9 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 10 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 12 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 13 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 14 is no limit to the number of extensions the Planning Commission may grant. 5. Developer shall submit to the City a Notice of Restriction executed by the owner of the 16 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 17 parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Extension by Resolution No. 6535 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 19 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 20 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. If a Notice of Restriction is not recorded by May 18, 2009, this approval shall become null and 22 void. 23 NOTICE 24 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 25 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 26 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 2g 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 PC RESO NO. 6535 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follow that procedure will bar any subsequent legal action annul their imposition. You are hereby FURTHER NOTIFIED that your right to DOES NOT APPLY to water and sewer connection fees zoning, grading, or other similar application processing or to attack, review, set aside, void, or protest the specified fees/exactions and capacity charges, nor service fees in connection planning, with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on February 18, 2009 by the vote, to wit: AYES: Commissioners Baker, Boddy Montgomery NOES: otherwise Planning following , Cardosa, Whitton, and Chairperson ABSENT: Commissioners Dominguez and Douglas ABSTAIN: I _.wi si~ — r. „•...^^•r / LL Vr ^^TiflHBfe^^^^^^^^^^^^^^^^^^^^^^^^l MARYELlfB. MONTGOMERY, Cfc^plrson CARLSBAD PLANNING COMMOTION ATTEST: n -*\/t !^L ' 4< DON NEU Planning Director PC RESO NO. 6535 -4-