HomeMy WebLinkAbout1981-05-19; City Council; 6587-1; Hawthorne-appeal of Planning CommissionCITY OF CARLSBAD
AGENDA BILL NO. 6587, Supplement No.l Initial:
Dept.Hd.
DATE: May 19, 1981 C. Atty.
C. Mgr.
DEPARTMENT: City Attorney
Subject: CUP-|95—HAWTHORNE: APPEAL OF A PLANNING COMMISSION
DECISION TO DENY A CONDITIONAL USE PERMIT.
Statement of the Matter
The City Council, at your meeting of May 5, 1981, directed
the City Attorney to prepare the necessary documents
denying proposed Conditional Use Permit 195. The resolution
has been prepared and it is attached.
Exhibit
Resolution No. [p «iT 3 ^ , denying CUP-195.
Recommendat ion
If the City Council concurs, your action is to adopt
Resolution No . (0 £ 3 ^
Council Action:
5-19-81 The matter was contined to the next meeting when all members of the Council
would be present.
APPROVED
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RESOLUTION NO.6539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION RECOMMENDATION AND DECISION AND
DENYING THE APPEAL FOR A CONDITIONAL USE PERMIT
(CUP-195) TO ALLOW FOR THE RENTAL AND SERVICING
OF CONSTRUCTION EQUIPMENT ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF PASEO DEL NORTE
BETWEEN PALOMAR AIRPORT ROAD AND CAMINO DEL
PARQUE. APPLICANT: HAWTHORNE .
WHEREAS, on February 25, 1981 the Carlsbad City
Planning Commission adopted Resolution No. 2773, which is
herewith referred to and made a part hereof, denying a
Conditional Use Permit (CUP-195) to allow for the rental and
servicing of construction equipment on property generally
located on the east side of Paseo Del Norte between Palomar
Airport Road and Camino Del Parque, more particularly described
as:
Parcels A and B of Map 4279, being a division
of Map 1477 being a portion of Lot H of Map 823
filed November 6, 1980;
and
WHEREAS, on March 6, 1981, a proper appeal was filed by
the applicant in protest of the Planning Commission's denial;
and
WHEREASj'the Planning Director has determined that said
Conditional Use Permit will have a nonsignificant impact on the
environment, and a Negative Declaration has been prepared and
filed in satisfaction of the requirements of the City of
Carlsbad Environmental Protection Ordinance of 1980 and the
California Environmental Quality Act; and
WHEREAS, a duly noticed public hearing was held by the
City council on May 5, 1981 to consider the appeal of said
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denial at which time all persons interested in or opposed to the
proposed Conditional Use Permit were heard and the decision of
the Planning Commission considered;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. ' That the findings of the Planning Commission as
set forth in Planning Commission Resolution No. 1773, and the
following additional findings, constitute the findings of the
City Council:
"The proposed site is surrounded by tourist
oriented commercial uses, a large Motel 6, Hadleys,
and Tip-Top Meats and Delicatessen. The proposed use
would adversely affect these operations and adversely
impact the nearby Altamira residential area."
"The street providing access to the. site is posted
"Not a Truck Route". Approval of the application
would permit truck travel in conflict with the
designation."
3. That the City' Council hereby denies this appeal
and affirms the decision of the Planning Commission to deny
proposed Conditional Use Permit 195.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 2nd , day
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of June , 1981, by the following vote, to wit:
AYES : Council Members Packard, Lewis and Kulchin
NOES : Council Member Anear
ABSENT : Council Menfoer Casler .
j&s**&^ j^zZ^Ls
RONALD C. PACKARD, Mayor
ATTEST :
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OiQfi f~L* <X. V\ A xZfc^BA^L^v^
ALETHA L. RAUTENKRANZ, City Clerk J
(SEAL)
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A. At-
HAWTHORNE MACHINERY CO.4200 Keamy Mesa Rd. | P.O. Box 708
San Diego, California 92112
(714) 277-2260 TWX 69-5022
March 5, 1981
The City Council
City of Carlsbad
Carlsbad, California
Dear Council Members:
Re: Resolution No. 1773
HAWTHORNE/CUP-195
Please accept this letter as our request to appeal the decision of the
Carlsbad Planning Commission on February 25, 1981 that denied a Conditional
Use Permit applied for by the undersigned.
HAWTHORNE RENT-IT SERVICE
[H| YOUR CATERPILLAR DEALER
HAWTHORNE RENT-IT SERVICE 4200 Kearny Mesa R
San Diego, California 92112
(714) 277-2260 TWX 69-5022
March 9, 1981
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Ref: Resolution 1773
Hawthorne - C.U.P. 195
Gentlemen:
This is to confirm our request to be placed on the agenda
of the City Council meeting on May 5, 1981 in connection with
our appeal of a denial for a Conditional Use Permit by the Planning
Commi ssion.
This date will not conflict with prior commitments that would
preclude my appearance before the City Council.
Your cooperation in this matter is greatly appreciated.
Very trulyyyours.
.T. HAWTHORNE
President
JTHrdjs
YOUR CATERPILLAR DEALER