HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4752t 0 0
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PLANNING COMMISSION RESOLUTION NO. 4752
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO
OPERATE A CELLULAR COMMUNICATIONS FACILITY ON
PROPERTY GENERALLY LOCATED SOUTH OF ALGA
ROAD AND EAST OF EL FUERTE IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: LA COSTA CELL SITE
CASE NO.: CUP 94-1 1x1
8 II WHEREAS, AirTouch Cellular, “Developer”, has filed a verified application
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with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner”, described
A parcel of land being a portion of Parcel 4 of Parcel Map No.
10179, filed in the Office of the County Recorder of County of
San Diego, State of California, being a portion of Section 30,
Township 12 South, Range 3 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
16 WHEREAS, said verified application constitutes a request for a Conditional 1
17 Permit Extension as shown on Exhibits “A” and “B” dated March 15, 1995, on file in
18 Carlsbad Planning Department, LA COSTA CELL SITE, CUP 94-11x1, as provided by
l9 conditions of approval of CUP 94-11 and Chapter 21.42 and/or 21.50 of the Carlsbad Municj
2o /I Code; and
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relating to the CUP Extension. 26
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac 25
WHEREAS, at said public hearing, upon hearing and considering all testiml
WHEREAS, the Planning Commission did, on the 3rd day of May, 2000, ho’
duly noticed public hearing as prescribed by law to consider said request; and
27 11 WHEREAS, on March 15,1995, the Planning Commission approved CUP 94
28 as described and conditioned in Planning Commission Resolution No. 3756.
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1 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
2 11 Commission of the City of Carlsbad as follows:
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4 I1 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planr
Commission APPROVES LA COSTA CELL SITE - CUP 99-11x1 based
the following findings and subject to the following conditions:
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1. The adopted project findings for CUP 94-11, which are contained in Plann 8
Findings:
Commission Resolution No. 3756 apply to this extension.
10 Conditions:
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1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio~
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approva
this Conditional Use Permit.
17 2. Staff is authorized and directed to make, or require the Developer to make, all correctit
internally consistent and in conformity with the final action on the project. Developm 18
and modifications to the Conditional Use Permit documents, as necessary to make th
19 shall occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
20 3. This project shall comply with all conditions which are required as part of the appro1
No. 3756, except Condition No. 6 of Planning Commission Resolution No. 3; 21
which is replaced by Condition No. 4 below. 22
Conditional Use Permit (CUP 94-11) as contained in Planning Commission Resolut:
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4. This Conditional Use Permit is granted for a period of five years. This permit may
revoked at any time after a public hearing, if it is found that the use has a substan
detrimental effect on surrounding land uses and the public’s health and welfare, or
conditions imposed herein have not been met. This permit may be extended fo
reasonable period of time not to exceed five years upon written application of
permittee made no less than 90 days prior to the expiration date. The Plann
Commission may not grant such extension, unless it finds that there are no substan
negative effects on surrounding land uses or the public’s health and welfare. I
substantial negative effect on surrounding land uses or the public’s health and welfarl
found, the extension shall be denied or granted with conditions which will eliminate
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substantially reduce such effects. There is no limit to the number of extensions
Planning Commission may grant.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of f;
dedications, reservations, or other exactions hereafter collectively referred to for conveniencc
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Secl
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin
follow that procedure will bar any subsequent legal action to attack, review, set aside, void
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann
zoning, grading or other similar application processing or service fees in connection with
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 3rd day of May, 2000, by
following vote, to wit:
AYES: Commissioners Segall, Baker, L'Heureux, Trigas and Heinemar
NOES:
ABSENT: Chairperson Compas and Commissioner Nielsen
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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".* .- MICHAEL J. HOLZMI~ER
Planning Director
PC RES0 NO. 4752 -4-