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HomeMy WebLinkAbout2000-08-16; Planning Commission; Resolution 48251 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 - - 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. - 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 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 1. 2. 3. 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- L t s lf 11 1; 13 14 15 16 15 18 19 20 21 22 23 24 25 26 27 2f 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: ~ CARLSBAD PL&ING COMMISSION ATTEST: Planning Director PC RESO NO. 4825 -3