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Home My WebLink About2001-05-16; Planning Commission; Resolution 49701 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. 4970 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 WIRELESS TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 1015 CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DOWNTOWN CARLSBAD PCS FACILITY CASE NO.: CUP 96-02x1 WHEREAS, Cox PCS Assets L.L.C., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Chestnut Plaza Owners Association, “Owner,” described as Parcel A: An undivided 1295.50/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Office of the County Recorder of San Diego County, February 24,1983. EXCEPTING THEREFROM Elements 1 through 499 inclusive as shown on the Condominium Plan of Chestnut Plaza Office Condominiums recorded December 19, 1983 as File/Page No. 83-461579 and amended by Document recorded January 10, 1984 as File/Page No. 84-009884 both of official records. ALSO EXCEPTING THEREFROM the exclusive right to possession of all those areas designated as Restricted Common Area as shown upon the Condominium Plan above referred to. Parcel B: The units consisting of Elements 106 through 176 inclusive, as shown upon the Condominium Plan above referred to. Parcel C: Exclusive right to possession and occupancy of those portions of Parcel 1 of Parcel Map No. 12574, described above, designated as Restricted Common Area as appurtenant to Parcels A and B above described. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “D” dated May 15, 1996, on file in the Carlsbad 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Department DOWNTOWN CARLSBAD PCS FACILITY - CUP 96-02, as provided by the conditions of approval of CUP 96-02 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th 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 CUP Extension. WHEREAS, on May 15, 1996, the Planning Commission approved CUP 96-02 as described and conditioned in Planning Commission Resolution No. 3929. 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 DOWNTOWN CARLSBAD PCS FACILITY - CUP 96-02x1 as shown on exhibits “A” -“D” dated May 15, 1996, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 96-02, which are contained in Planning Commission Resolution No. 3929, apply to this extension and are incorporated herein by reference. 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. PC RESO NO. 4970 -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 2. 3. 4. All conditions of approval imposed upon Conditional Use Permit CUP 96-02 as stated in Planning Commission Resolution No. 3929 shall apply as conditions of approval for CUP 96-02x1 except: a) Condition No. 3 below is added to Resolution No. 3929. b) Condition No. 2 of Resolution No. 3929 is replaced by Condition No. 4 below. This Conditional Use Permit shall be reviewed by the Planning Director periodically 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 May 15,200l through May 15,2006. 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 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. 4970 -3. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of May, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: ATTEST: ~j$&,&ol&~ MICHAEL J. HOLZMKLER Planning Director PC RESO NO. 4970 -4-