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HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49721 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 COMMISSION RESOLUTION NO. 4972 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-56 TO ALLOW AN EXPANSION OF AN UNMANNED TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 720 MACADAMIA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SD 184-05 PACIFIC BELL WIRELESS CASE NO.: CDP 00-56 WHEREAS, Pacific Bell Wireless, “Developer,” has tiled a verified application with the City of Carlsbad regarding property owned by Pinnacle Carlsbad, LLC, “Owner,” described as Lots 9 and 10 of Carlsbad Tract No. 81-5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10899, filed in the Office of the County Recorder of San Diego County April 11,1984. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “E” dated May 2, 2001, on file in the Carlsbad Planning Department, SD 184-05 PACIFIC BELL WIRELESS -CDP 00-56, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May, 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 Coastal Development Permit. 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 I 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 SD 184-05 PACIFIC BELL WIRELESS - CDP 00-56, 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 I Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the site is designated as a commercial site and that with approval of a conditional use permit, tbe proposed use will be consistent with the LCP Land Use Plan. That 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. That 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 and developed area; 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. That 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). That 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. 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. 3. This approval is granted subject to the approval of CUP 96-18(B) and is subject to all conditions contained in Resolution No. 4935 for those other approvals. PC RESO NO. 4972 -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 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. 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 2nd day of May, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: QL CAP&SB& PLA&G COMMISSION ATTEST: Planning Director PC FESO NO. 4972 -3-