HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 49491
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PLANNING COMMISSION RESOLUTION NO. 4949
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 00-55 TO ALLOW
A TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT 5823 NEWTON DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PACIFIC BELL WIRELESS - CABOT
INDUSTRIAL
CASE NO.: CDP 00-55
WHEREAS, Pacific Bell Wireless, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Andrew Lestage, “Owner”,
described as:
A Portion of Lot “F”, Ranch0 Agua Hedionda, in the County
of San Diego, State of California, according to Map thereof No.
823, filed in the office of the County Recorder, San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a coastal
development permit as shown on Exhibit(s) “A” - “E” dated April 18, 2001, on tile in the
Planning Department PACIFIC BELL WIRELESS - CABOT INDUSTRIAL - CDP 00-55,
as provided by 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of April, 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 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 PACIFIC BELL WIRELESS - CABOT INDUSTRIAL - CDP
00-55, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the conditional use is permitted within the
Planned Industrial Zone and in compliance with all applicable P-M zone
development regulations.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore, the
project will not interfere with the public’s right to physical access to the sea and the site is
not suited for water-oriented recreational activities.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed wall mounted
antennas are painted to match the existing building faqade and will not obstruct any
public views. No steep slopes will be affected by the project and no native
vegetation will be impacted.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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 1.201.2 10 of the Carlsbad Municipal Code.
2. This approval is granted subject to the approval of CUP 00-40 and is subject to all
conditions contained in Planning Commission Resolution 4940 for those other
approvals
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 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.
PC RESO NO. 4949 -2-
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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 18th day of April, 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, L’Heureux,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
ATTEST:
Planning Director
PC RESO NO. 4949 -3-