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HomeMy WebLinkAbout1999-01-20; Planning Commission; Resolution 4455a c 0 * 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 I PLANNING COMMISSION RESOLUTION NO. 4455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT AIR CONDITIONTNG UNITS WITH EQUIPMENT SCREENS ON THE ROOF OF THE COSTCO STORE ON PROPERTY GENERALLY LOCATED AT 95 1 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COSTCO WHOLESALE HVAC ROOF UNITS CASE NO.: CDP 98-34 WHEREAS, Costco Wholesale, “Developer”, has filed a verified ap with the City of Carlsbad regarding property owned by Costco Wholesale, “Owner”, c NUMBER CDP 98-34 TO ALLOW THE INSTALLATION OF 12 as Parcel 2 of Parcel Map 17542 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County June 27,1995 (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A” - “M” dated January 20, 1999, on fil Planning Department, COSTCO WHOLESALE HVAC ROOF UNITS, CDP 9 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of Januar: 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 te: and arguments, if any, of all persons desiring to be heard, said Commission considered all relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission of the City of Carlsbad as follows: 4 . e 0 1 II A) That the foregoing recitations are true and correct. 2 3 4 5 6 7 8 9 10 B) That based on the evidence presented at the public hearing, the Co RECOMMENDS APPROVAL of COSTCO WHOLESALE HVAC UNITS, CDP 98-34 based on the following findings and subject to the conditions: Findinp: 1. That the proposed development is in conformance with the Certified Loca Program and all applicable policies in that the project is in compliance relevant policies of the Mello I1 Segment of the Local Coastal Program Coastal Resource Protection Overlay Zone. The project complies requirements of the Coastal Resource protection Overlay Zone as the proj presently developed and no coastal resources will be impacted by the plac rooftop equipment and equipment screens on the existing building. ~ 11 11 Conditions: 12 13 14 15 16 17 1. Staff is authorized and directed to make, or require Developer to make, all CI and modifications to the document(s) necessary to make them internally consist1 conformity with final action on the project. Development shall occur substa shown in the approved Exhibits. Any proposed development different : approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this p: within two (2) years of approval or this coastal development permit will c unless extended per Section 21.201.210 of the Zoning Ordinance. l8 /I NOTICE 19 20 21 22 23 24 25 26 27 28 Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convc “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exa you protest them, you must follow the protest procedure set forth in Government COC 66020(a), and file the protest and any other required information with the City Mz processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set asidc annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees, DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously b I ]I PC RES0 NO. 4455 -2- > 4 e * 1 expired. 2 a NOTICE similar to this, or as to which the statute of limitations has previously 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the 4 following vote, to wit: 5 Commission of the City of Carlsbad, California, held on the 20th day of January 19! 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Chairperson Heineman, Commissioners Compas, L’Heurt Nielsen, Noble, Savary, and Welshons NOES: ABSENT: ABSTAIN: COURTNE?HEINEMAN. Chairperson CAIUSBAD PLANNING COMMISSION ATTEST: l.No 1 x MICHAEL J. HOBMILLYR Planning Director PC RES0 NO. 4455 -3-