HomeMy WebLinkAbout2000-08-16; Planning Commission; Resolution 48251
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PLANNING COMMISSION RESOLUTION NO. 4825
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-54 TO ALLOW
A WIRELESS TELECOMMUNICATIONS FACILITY ON THE
DEVELOPED COMMERCIAL PROERTY GENERALLY
LOCATED AT 760 MACADAMIA DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: MACADAMIA WIRELESS SITE
CASE NO.: CDP 99-54
WHEREAS, AT&T Wireless Services, “Developer,” has tiled a verified
application with the City of Carlsbad regarding property owned by John Tohidi, “Owner,”
described as
Lots 9 and 10 of Carlsbad Tract No. 81-05, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 10899, tiled in the Office of the County
Recorder of San Diego County, April 11,1984.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A”- “D” dated August 16, 2000, on file in the
Planning Department, MACADAMIA WIRELESS SITE - CDP 99-54 as provided by Chapter
2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of August, 2000,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
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.
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B)
Findinus:
That based on the evidence presented at the public hearing, the Commission
APPROVES MACADAMIA WIRELESS SITE - CDP 99-54 based on the
following findings and subject to the following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the installation of telecommunication
antennae within a flagpole structure and the installation telecommunication ground-
mounted equipment within an enclosed equipment enclosure, which is
architecturally compatible with other buildings on the site and in an existing
landscaped area, does not significantly disrupt existing visitor serving commercial
uses or obstruct views or otherwise damage visual resources in the area.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the installations are in existing landscaped areas in the
parking lot of an existing commercial development and are situated such that there
is no potential to disrupt public access or recreation.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
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permits.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the coastal development permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval,
shall require an amendment to this approval.
This approval is granted subject to the approval of CUP 99-27 and is subject to all
conditions contained in 4824 for those other approvals
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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
“fees/exactions.”
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
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.
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,
PC RESO NO. 4825 -2-
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zoning, grading or other similar application processing or service fees in connection with this
nroiect: L_. 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 otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, and Trigas
NOES: Commissioner Segall
ABSENT:
ABSTAIN:
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CARLSBAD PL&ING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4825 -3