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HomeMy WebLinkAbout2009-02-18; Planning Commission; ; CUP 88-16X3 - HAWTHORNE RENT-IT SERVICESThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. I 2 P.C. AGENDA OF: February 18, 2009 Application complete date: November 17, 2008 Project Planner: Greg Fisher Project Engineer: Jeremy Riddle SUBJECT: CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES - Request for a retroactive five-year extension of a Conditional Use Permit to allow the continued operation of a construction equipment rental yard located at 2065 Camino Vida Roble in Local Facilities Management Zone 5. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6535 APPROVING a retroactive five year extension of CUP 88-16x2 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive five year extension of CUP 88-16x2 will allow the continued operation of a construction equipment rental yard located at 2065 Camino Vida Roble for a five year period from November 16, 2008 through November 15, 2013. The building and construction equipment rental yard has been operated in conformance with the required conditions of approval during the past five years. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, James Hawthorne, is requesting a 5 year extension of CUP 88-16x2 to allow the continued operation of a construction equipment rental yard located at 2065 Camino Vida Roble. On November 16, 1988, the Planning Commission approved CUP 88-16 to allow the operation of a construction equipment rental yard. On July 19, 2000, the Planning Commission approved CUP 88-16x1, a retroactive extension of CUP 88-16, for a period of five years. On February 18, 2004, the Planning Commission approved CUP 88-16x2, the second retroactive extension of CUP 88-16x1, for an additional five years. Condition No. 4 of the approving CUP Resolution No. 5563 specifies that CUP 88-16x2 is granted for a period of 5 years but may be extended upon written application of the permittee (J.T. Hawthorne). The applicant, J.T. Hawthorne, applied in a timely manner on July 28, 2008, and is requesting approval of CUP 88-16x3 to allow the continued operation of the construction equipment rental yard. Since mid-December of 2008, the equipment rental yard has been temporary closed due to economic conditions and the site is currently for sale. However, the applicant would like to continue with the CUP extension process so that his CUP entitlement rights for the site remain valid. Staff has reviewed the project site and the files for the construction equipment rental yard and has determined that there are no significant issues and therefore is recommending approval of an additional five year CUP extension. CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES February 18, 2009 Page 2 IV. ANALYSIS A. The Hawthorne Rent-It Services continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Title 21 of the Carlsbad Municipal Code; and 3. Local Facilities Management Plan 5. B. The adopted project findings for CUP 88-16x2, which are contained in Planning Commission Resolution No. 5563 still apply to this project (CUP 88-16x3). C. The adopted project conditions for CUP 88-16x2, which are contained in Planning Commission Resolution No. 5563 still apply to this project (CUP 88-16x3) with the exception of Condition No. 7 which has been satisfied, and Condition No. 4 which is replaced by new Condition No. 4 in Planning Commission Resolution No. 6535 to retroactively extend CUP 88-16x2 for 5 years from November 16, 2008 through November 15, 2013. D. No formal written complaints regarding CUP 88-16x2 have been submitted to the City over the past 5 years. However, during the early public notice process for the renewal of CUP 88-16x2, staff received an email (See Attachment No. 7). The email was received from Ron Hogan, the president of the Poinsettia Heights HOA (a nearby residential subdivision). Mr. Hogan noted that the HOA had received several complaints from residents in response to the early public notice process for the CUP extension. The residents complained of early morning noise emanating from the equipment rental yard before 6:00 a.m., which as conditioned in Planning Commission Resolution No. 5563, is the earliest time in the morning that operations can begin except for emergencies. The email was forwarded to the applicant and they were reminded that operations were restricted on a daily basis to the hours of 6:00 a.m. - 7:00 p.m. The applicant committed to comply with this time restriction. E. Annual reviews have been conducted for CUP 88-16x2 over the past 5 years and no violations of the conditions of approval were noted. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. The equipment rental yard business has been in continuous operation for the past 20 years. ATTACHMENTS: 1. Planning Commission Resolution No. 6535 (CUP 88-16x3) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 5563, dated February 18, 2004 CUP 88-16x3 - HAWTHORNE RENT-IT SERVICES February 18, 2009 Page 3 5. Planning Commission Resolution No. 4804, dated July 19, 2000 6. Planning Commission Resolution No. 2791, dated November 16, 1988 7. Complaint letter from Ron Hogan, president of the Poinsettia Heights HOA wor ro SCALE SITEMAP Hawthorne Rent-It Services CUP 88-16x3 City of Carlsbad Planning Department DISCL OSURE STA TEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint "venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality,' district or other political subdivision or any other group or combination acting as a unit." 1 'Agents may sign this document; however, the legal name and entity, of the applicant and property owner must be provided below. - - - ." "_ ^ _ , _ .r.v:-. 1 . APPLICANT (Hoi the applicant's agent; Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person J«Hawthorne, Trustee Hawthorne Family Trust dated Title March 10. 1989 as Amended Address 16945 Camino San Bernardo San Diego, CA 92127 Corp/Part Title Address •>?-/( "rt '#? / J^ '0 i/fetA 2. OWNER fNot the owner's agent; Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE'BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person J- T. Hawthorne, Trustee Hawthorne Family Trust dated Tlt'° March 10, 1989. as Amended Corp/Part 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6024600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3.NON-PROFIT ORGAN1ZA TION OR TRUST If any person identified pursuant to (1) or. (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or_jlifecr5r-of .the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Address 4.Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s): r€.r?g,n I NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge.n Signature of owner/date J,T. Hawthorne Print or type name of owner -Signature of applicant/date J. T. Hawthorne Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 1 PLANNING COMMISSION RESOLUTION NO. 5563 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE ,, 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 5 YARD ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND 6 LAS PALMAS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: HAWTHORNE RENT-IT SERVICES 0 CASE NO.: CUP 88-16x28 __^__^——•—^—^____^^——_——_^__—_^__ 9 WHEREAS, James T. and Dorothy L. Hawthorne, "Owners/Developers" have 10 filed a verified application with the City of Carlsbad regarding property described as: 11 Lot 4 of Carlsbad Tract No. 80-33 according to Map No. 10061 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 said request for a Conditional 15 Use Permit Extension as shown on Exhibits "A" - "D" dated November 16,1988, on file in the 16 Carlsbad Planning Department and as provided by the conditions of approval of CUP 88-16x1 17 and Chapter 21.42 of the Carlsbad Municipal Code; andlo 19 WHEREAS the Planning Commission did, on the 18th day of February, 2004, 20 hold a duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the CUP Extension. 24 WHEREAS, on July 19,2000, the Planning Commission approved CUP 88-16x1 25 as described and conditioned in Planning Commission Resolution No. 4804. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows:28 A) That the foregoing recitations are true and correct. That based on the evidence presented at the Commission APPROVES HAWTHORNE RENT-IT SERVICES - CUP 88- 2 B) That based on the evidence presented at the public hearing, the Planning 16x2, based on the following findings and subject to the following conditions: 4 Findins; 5 1. The adopted findings for CUP 88-16x1 which are contained in Planning Commission 6 Resolution No. 4804 apply to this extension and are incorporated by this reference. 7 Conditions; o 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 9 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 10 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 11 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. 14 2. 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 15 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. 16 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 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 20 substantial negative effects. 21 4. This Conditional Use Permit is granted for a period of five (5) years retroactively from November 16, 2003 through November IS, 2008. This permit may be revoked at any 22 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 24 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 25 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 26 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 27 is no limit to the number of extensions the Planning Commission may grant. 28 PC RESO NO. 5563 -2- This project is approved subject to the condition that the following operations are restricted on a daily basis to the hours of 6:00 a.m. - 7:00 p.m. Operations can commence earlier than 6:00 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. 4 a. The operation or maintenance of vehicles or machinery including cleaning 5 that causes disturbing, excessive or offensive noise to adjacent residences to the south of the property. 6 Engineering;7 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 10 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. 11 Said plans shall include, but not be limited to notifying prospective owners and tenants of the following: 12 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 1 A hazardous waste products. 15 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 16 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. 19 C. Best Management Practices shall be used to eliminate or reduce surface pollutants 20 when planning any changes to the landscaping and surface improvements. 21 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 22 Engineering Department of a Storm Water Management Plan (SWMP). Pursuant to the City of Carlsbad Standard Urban Stormwater Management Plan (SUSMP),2 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 25 Best Management Practices (BMPs) required to avoid and capture/filter said anticipated pollutants of concern prior to discharge off the site. The SWMP shall 26 provide evidence that numeric sizing requirements have been met. 27 28 PC RESO NO. 5563 -3- 1 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 2 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 4 shall provide evidence of completion to the satisfaction of the City Engineer. 5 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 7 "fees/exactions." g 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 9 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. 12 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, 13 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 a 14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5563 -4- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of 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: MICHAEL J. HOLZMILLER Planning Director PCRESONO. 5563 -5- 1 PLANNING COMMISSION RESOLUTION NO. 4804 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO 4 CONTINUE TO ALLOW THE OPERATION OF A CONSTRUCTION EQUIPMENT RENTAL YARD ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST 6 CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: HAWTHORNE RENT-IT SERVICES CASE NO.: CUP 88-16x18 g WHEREAS, James T. and Dorothy L. Hawthorne, "Owners,"/"Developers" 10 have filed a verified application with the City of Carlsbad regarding property described as: 11 Lot 4 of Carlsbad Tract No. 80-33 According to Map No. 10061 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 15 Permit Extension as shown on Exhibits "A" - "D" dated November 16, 1988, on file in the16 17 Carlsbad Planning Department and as provided by the conditions of approval of CUP 88-16x1 18 and Chapter 21.42 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on the 19th day of July, 2000, hold a 20 duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors £<J 24 relating to the CUP Extension. 25 WHEREAS, on November 16, 1988, the Planning Commission approved CUP 26 88-16 as described and conditioned in Planning Commission Resolution No. 2791. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES HAWTHORNE RENT-IT SERVICES, CUP 88- 16x1, based on the following findings and subject to the following conditions: 4 , Findings: 5 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 7 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. 10 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 11 that all equipment storage is accommodated onsite without any intrusion into required setbacks.12 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 14 provided and maintained, in that the site is screened by a combination of berms and landscaping. 15 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 17 access to the site has been located at the most visible portion of the site. 18 Conditions; 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 21 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 22 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 24 this Conditional Use Permit Extension. 25 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 26 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 2g 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- uses and the public's health and welfare, or the conditions imposed herein have not been 2 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 3 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 4 health and welfare. If a substantial negative effect on surrounding land uses or the r 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. 7 3. 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 o occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 10 4. 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 file containing complete project details and all conditions of approval as well as 14 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 15 which modifies or terminates said notice upon a showing of good cause by the Developer , f or successor in interest.lo 17 5. AH other conditions contained in Planning Commission Resolution 2791, except as modified herein, remain in full force and effect. 18 19 NOTICE 20 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 21 "fees/exactions." 22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 23 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 24 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 25 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 27 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 28 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given PC RESO NO. 4804 -3- 1 2 3 4 following vote, to wit: 6 AYES: Chairperson Compas, Commissioners Baker, Heineman, 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 X-f7 WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION 7 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L'Heureux, Nielsen, Segall, and Trigas AMICHAEL/HOLZMILLER/ 7 Planning EnrectorV PC RESO NO. 4804 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2791 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO LOCATE A CONSTRUCTION EQUIPMENT RENTAL YARD ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS DRIVE. APPLICANT: HAWTHORNE CASE NO: CUP 88-16 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 16th day of November, 1988, hold a duly noticed public hearing to consider said application on property described as: LOT 4 OF CARLSBAD TRACT NO. 80-33 ACCORDING TO MAP NO. 10061 FILED APRIL 15, 1981. 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 CUP 88-16. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 88-16, based on the following findings and subject to the following conditions: Findings: 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 or to uses specifically permitted in the zone in which the proposed use is to be located, because this use provides a needed service to the community and will be screened from other uses in the area. 2. That the site for the intended use is adequate in size and shape 1 to accommodate the use, because all of the proposed storage can be accommodated onsite without necessitating any intrusion into the 2 required setbacks. 3 3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing 4 or permitted future uses in the neighborhood will be provided and maintained, because the site will be screened by a combination of 5 berns and landscaping. 6 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because 7 this use will generate very little traffic and the access to the site has been located at the most visible portion of the site. 8 (Ord. 9252 §l(part), 1970: Ord. 9060 §1401). 9 5. The site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to 10 accommodate industrial development at the intensity proposed. 11 6. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be 12 issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the 13 project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public 14 Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 15 7. School fees will be paid to ensure the availability of school 16 facilities in the Carlsbad School District. 17 8. Park-in-lieu fees are required as a condition of approval. 18 9. All necessary public improvements have been provided or will be required as conditions of approval. 19 I ' 10. The applicant has agreed and is required by the inclusion of an 20 appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to 21 find that public facilities will be available concurrent with need as required by the General Plan. 22 11. The proposed project is compatible with the surrounding future 23 land uses since surrounding properties are designated for industrial development on the General Plan. 24 12. This project will not cause any significant environmental impacts 25 and a Negative Declaration has been issued by the Planning Director on October 12, 1988 and approved by the Planning Commission on 26 November 16, 1988. In approving this Negative Declaration the 27 PC RESO NO. 2791 -2- 28 Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 13. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement 4 approved as part of the Local Facilities Management Plan for Zone 5. CONDITIONS 1. Approval is granted for cup 88-16, as shown on Exhibit(s) A-D, dated November 16, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of the site plan as approved by the 10 Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the 11 City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. 12 This project is approved upon the express condition that building 13 permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are 14 available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note 15 shall be placed on the final map. 16 4. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council 17 on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to 18 Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and 19 improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated August 24, 1988, and the agreement 20 to pay the Growth Management Fee dated August 24, 1988, copies of which are on file with the City Clerk and are incorporated by this 21 reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project 22 shall be void. 23 5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the 24 Carlsbad Municipal Code. 25 6. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees 26 shall be based on the fee schedule in effect at the time of 27 PC RESO NO. 2791 -3- 28 building permit application. 7. Water shall be provided to this project pursuant to the Water 2 Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 3 8. This project shall comply with all conditions and mitigation required by 4 the Zone 5 Local Facilities Management Plan approved by the City Council on August 4, 1987, incorporated herein by reference, and on file in the 5 Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 6 GENERAL CONDITIONS 7 9. If any condition for construction of any public improvements or 6 facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged 9 this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid 10 this approval shall be invalid unless the City Council determines that the project without the condition complies with all 11 requirements of law. 12 10. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City 13 ordinances in effect at time of building permit issuance. 14 11. This approval shall become null and void if building permits are not issued for this project within one year from the date of 15 project approval. 16 12. Approval of CUP 88-16 is granted subject to the approval of PIP 88- 7. 17 13. This Conditional Use Permit is granted for a period of 10 years. 18 • This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this 19 | permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health 20 and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall 21 recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions 22 to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that 23 the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed 24 herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written 25 application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning 26 Commission shall find that no substantial adverse affect on PC RESO NO. 2791 -4- 28 surrounding land uses or the public's health and welfare will 1 result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's 2 health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no 3 limit to the number of extensions the Planning Commission may grant. 4 14. Trash receptacle areas shall be enclosed by a six-foot high masonry 5 wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure 6 shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 7 15. All roof appurtenances, including air conditioners, shall be 8 architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building 9 Department Policy No. 80-6, to the satisfaction of the Director of Planning, Building and Engineering. 10 16. An exterior lighting plan including parking areas shall be 11 submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent 12 homes or property. 13 17. No outdoor storage of material shall occur onsite unless approved by the Fire Chief. In such instance a storage plan will be 14 submitted for approval by the Fire Chief and the Planning Director. 15 18. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning lg Director prior to the issuance of grading or building permits, whichever occurs first. 17 19. All parking lot trees shall be a minimum of 15 gallons in size. l ft 20. All landscaped areas shall be maintained in a healthy and thriving 19 condition, free from weeds, trash, and debris. 20 21. Unless affected by grading, all existing onsite trees shall be retained and shall be trimmed and/or topped. Dead, decaying or 21 potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master 22 Plan submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis 23 as required by the Planning Department. 24 22. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall 25 require review and approval of the Planning Director prior to installation of such signs. 26 27 PC RESO NO. 2791 -5- 28 23. Hours of operation shall be limited to 6:00 A.M. through 7:00 P.M. 1 on weekdays and 6:00 A.M. to 6:00 P.M. on weekends. 2 24. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the 3 street or access road; color of identification and/or addresses shall contrast to their background color. 4 25. Any use of power tools, such as an Impact wrench, or the running 5 of engines for extended periods shall occur inside the building to keep noise from adjacent properties. 6 26. Prior to occupancy of the building, the Planning Director shall 7 examine the perimeter landscaping to determine if it adequately screens the proposed outside storage. If the Planning Director 8 determines that the perimeter landscaping is inadequate, additional landscaping shall be installed prior to occupancy. 9 27. Prior to occupancy of the proposed building, the applicant will 10 grant a parking and maintenance easement to the City of Carlsbad over the existing city parking area on this property. The easement 11 shall be in effect for the time that the City of Carlsbad occupies the property at 2075 Las Palmas Drive. 12 28. Three additional windows shall be located on the elevation facing Camino 13 Vida Roble. The size and location of these windows shall be approved by the Planning Director prior to issuance of a building permit. 14 29. Prior to issuance of a grading or building permit, whichever comes first, 15 a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing 16 material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on 17 paleontological resources under the direction of the Planning Department. 18 ENGINEERING CONDITIONS 19 30. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer 20 connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer 21 shall apply for an industrial waste discharge permit concurrently with the building permit for this project. No Certificates of 22 Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all 23 applicable fees paid and the permit issued. 24 31. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 25 32. The grading for this project is defined as "controlled grading" 26 by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading 27 PC RESO NO. 2791 -6- 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 25 26 27 28 shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 33. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 34. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 35. All slopes within this project shall be no steeper than 2:1. 36. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 37. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 38. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 39. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of any grading or building permit for this project. 40. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. PC RESO NO. 2791 -7- 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 41. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. FIRE DEPARTMENT CONDITIONS 42. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 43. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 44. Additional public and/or onsite fire hydrants shall be provided. 45. All private driveways shall be kept clear of parked vehicles at all times. 46. Prior to issuance of a grading permit the applicant shall provide details of the proposed storage and fuel dispensing area to the Fire Department for review and permits. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of November, 1988, by the following vote, to wit: AYES: Chairperson McFadden, Commissioners: Schramm, Schlehuber Holmes, Erwin and Hall. NOES: None. ABSENT: Commissioner Marcus. ABSTAIN: None. JEANNE B. MCFADDEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOQMILLi PLANNING DIRECTOR PC RESO NO. 2791 -8- From: Ron Hogan <rkhogan1739@sbcglobal.net> To: <gfish@ci.carlsbad.ca.us> CC: Ron Hogan <rkhogan1739@sbcglobal.net> Date: 10/13/2008 12:50 PM Subject: Hawthorne Rent-It Service, Request For Extension Mr. Fisher, My name is Ron Hogan and I am President of the Poinsettia Heights HOA. The Association has received numerous complaints of noise emanating from The Hawthorne Rent-It Service equipment yard. Our understanding is that Hawthorne is operating under a conditional use permit which restricts the operating of machinery until a reasonable hour, which I believe to be 7 AM. The complaints we have received identified equipment noise as early as 4:30 in the morning. This noise echoes up the canyon disturbing residents. We asked our property manager, Bruner & Rosi, to ascertain who we talk to in City Government to file conditional use permit complaints and to request the continuation of the conditional use permit. This will allow us some legal recourse for the violations to this permit. The Association has contacted those residents that have contacted us with complaints and those most prone to being disturbed by the noise and given them the City contacts to call in the future. Thank you for your time in addressing this issue. Ron Hogan President, Poinsettia Heights HOA