HomeMy WebLinkAbout2000-10-04; Planning Commission; Resolution 48381
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PLANNING COMMISSION RESOLUTION NO. 4838
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW A
TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT 1050 AUTO CENTER COURT IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: SPRINT PCS-CAR COUNTRY
CASE NO.: CDP 00-04
WHEREAS, Sprint PCS “Developer,” has tiled a verified application
with the City of Car&bad regarding property owned by Helix Land Company, LTD. , “Owner,”
described as
Lots 2 and 3 of Carlsbad tract no. 87-03, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 12242, filed in the Offke of the County
Recorder of San Diego County, on October 28,198s.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated October 4, 2000, on file in the
Planning Department, SPRINT PCS-CAR COUNTRY - CDP 00-04 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of October, 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) That based on the evidence presented at the public hearing, the Commission
APPROVES SPRINT PCS-CAR COUNTRY - CDP 00-04 based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the site is
designated as a commercial site and is consistent with the LCP Land Use Plan.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and
recreation policies of Chapter 3 of the Coastal Act is not required.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the proposed facility
will be located entirely within an existing building; no steep slopes or native
vegetation is located on the subject property; and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1.
2.
3.
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 Carlsbad Municipal Code.
This approval is granted subject to the approval of CUP 00-04 and is subject to all
conditions contained in Planning Commission Resolution No. 4837 for those other
approvals.
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 and Coastal Development Permit by Resolution No. 4837
and 4838 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 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 which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
PC RESO NO. 4838 -2-
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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
“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 tile 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,
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 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 4th day of October 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, L’Heureux, Nielsen,
Segall, and Trigas
ABSENT:
ABSTAIN:
Commissioner Heineman
d&+
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HtiZMItiER
Planning Director
PC RESO NO. 4838 -3-