Loading...
HomeMy WebLinkAbout2000-12-06; Planning Commission; Resolution 4875I PLANNING COMMISSION RESOLUTION NO. 4875 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW A TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: VERIZON WIRELESS AT ARMADA CASE NO.: CDP 00-43 WHEREAS, Verizon Wireless “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Grand Pacific Palisades, LLC. , “Owner,” described as Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort C.T. 96- 01, according to Map No. 13719, in the City of Carlsbad, County of San Diego, State of California, tiled in the Office of the County Recorder of San Diego County on February 3, 1999. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “C” dated December 6, 2000, on tile in the Planning Department, VERIZON WIRELESS AT ARMADA - CDP 00-43 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of December, 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) That based on the evidence presented at the public hearing, the Commission APPROVES VERIZON WIRELESS AT ARMADA - CDP 00-43 based on the following findings and subject to the following conditions: FindinPs: 1. 2. 3. 4. 5. 6. 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 au 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 2 1.202 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). The project is proposed within an existing building and there are no scenic resources on or near the existing development which will be impacted by the project. Conditions: 1. 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 2 1.201.210 of the Carlsbad Municipal Code. 2. This approval is granted subject to the approval of CUP 00-43 and is subject to all conditions contained in Planning Commission Resolution No. 4874 for those other approvals. 3. 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 Coastal Development Permit by Resolution No. 4875 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the tile 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 PC RESO NO. 4875 -2- 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 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. 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 6th day of December 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING C~OMMISSION PC RESO NO. 4875 -3.