HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 48941
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PLANNING COMMISSION RESOLUTION NO. 4894
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
OPERATE A CELLULAR COMMUNICATIONS FACILITY ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
INTERSTATE 5 BETWEEN KNOWLES AVENUE AND
LAGUNA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: SD-088-01 (LAS FLORES)
CASE NO.: CUP 95-14x1
WHEREAS, Pacific Bell Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Villas de Carlsbad, Ltd., “Owner,”
described as
Portions of Section 6, Township 12 South, Range 4 West, San
Bernardino Meridian.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “E” dated January 17, 1996, on tile in the
Carlsbad Planning Department SD-088-01 (LAS FLORES) - CUP 95-14x1, as provided by the
conditions of approval of CUP 95-14 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 7th day of February 2001,
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 January 17,1996, the Planning Commission approved CUP 95
14 as described and conditioned in Planning Commission Resolution No. 3892.
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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.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SD-088-01 (LAS FLORES) - CUP 95-14x1 based on
the following findings and subject to the following conditions:
Findinps:
1. The adopted findings for CUP 95-14, which are contained in Planning Commission
Resolution No. 3892, apply to this extension.
Conditions:
1.
2.
3.
4.
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.
All conditions of approval imposed upon Conditional Use Permit CUP 95-14 as stated in
Planning Commission Resolution No. 3892 shall apply as conditions of approval for CUP
95-14x1 except Condition No. 4 which is replaced by Condition No. 4 below and
Condition No. 7 which is not needed since the project site is not within the Coastal Zone.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of five years effective retroactively
from January 17, 2001 through January 17, 2006. 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
PC RESO NO. 4894 -2-
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land uses or the public’s health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
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.
PC RESO NO. 4894 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of February, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
%b
CARLSBb PLANkNG COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4894 -A-