HomeMy WebLinkAbout2000-12-06; Planning Commission; Resolution 48781
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PLANNING COMMISSION RESOLUTION NO. 4878
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
TWO ROOF MOUNTED ANTENNAS ON PROPERTY
GENERALLY LOCATED 5966 LA PLACE COURT IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: NTN COMMUNICATIONS SATELLITE
ANTENNAS
CASE NO.: CUP 95-06X1
WHEREAS, NTN Communications, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Prentiss Properties
Acquisition Partners, L.P., “Owner”, described as
Lot 14 of Carlsbad Tract No. 81-10 Unit 1, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof 10330, filed in the Office of the County
Recorder of San Diego County, February l&1982.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit(s) “A” - “C” dated August 16, 1995, on tile in the
Carlsbad Planning Department NTN COMMUNICATIONS - CUP 95-06 as provided by the
conditions of approval of CUP 95-06, and Chapter 2 1.42 and/or 21.50 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 CUP Extension
WHEREAS, on August 16, 1995, the Planning Commission approved CUP 95-
06 as described and conditioned in Planning Commission Resolution No. 3795.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES NTN COMMUNICATIONS - CUP 95-06x1, to be
effective retroactively from August 16, 2000, based on the following findings
and subject to the following conditions:
Findings:
1. The adopted project findings for CUP 95-06 which are contained in Planning
Commission Resolution 3795, incorporated by reference, apply to this extension.
2. That the Planning Director has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities, of
the state CEQA Guidelines. In making this determination, the Planning Director has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to
this project.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted; deny or further condition issuance of all future building permits;
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this conditional use permit extension.
2. This project shall comply with all conditions which are required as part of the approved
Conditional Use Permit (CUP 95-06) as contained in Planning Commission Resolution No.
3795, incorporated herein by reference, except Condition No. 3 which is replaced by
Condition No. 3 below, and Conditions 5,6, and 10 which have been previously satisfied.
3. This Conditional Use Permit is granted for a period of five years retroactively from August
16, 2000 through August 16,2005. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been met.
This permit may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and welfare. If a
substantial negative effect on surrounding land uses or the public’s health and welfare is
PC RESO NO. 4878 -2-
1 found, the extension shall be denied or granted with conditions which will eliminate or
2 substantially reduce such effects, There is no limit to the number of extensions the Planning
Commission may grant.
3 NOTICE 4
5 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
6 “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,
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 6th day of December, 2000 by the
18 following vote, to wit:
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AYES:
NOES:
ABSENT:
Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
23 ABSTAIN:
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WILLIAM COMPAS, Chairp#son
CARLSBAD PLANNING COMMISSION
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PC RESO NO. 4878 -3-