HomeMy WebLinkAbout2001-07-18; Planning Commission; Resolution 49831
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PLANNING COMMISSION RESOLUTION NO. 4983
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
JUNE 15,2004 ON PROPERTY GENERALLY LOCATED EAST
OF SUNNY CREEK ROAD BETWEEN SEQUOIA CREST AND
SQUIRES DAM IN LOCAL FACILITIES MANAGEMENT
ZONE 15.
CASE NAME: SQUIRES DAM COMMUNICATIONS SITE
CASE NO.: CUP 87-07(B)X2
WHEREAS, Verizon Wireless, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as
Portion of Lot C of Ranch0 Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, according
to Map No. 823 filed in the office of the County Recorder of
San Diego, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a time extension for
a Conditional Use Permit Extension as shown on Exhibit(s) “A” - “B” dated July 18, 2001, on
file in the Carlsbad Planning Department SQUIRES DAM COMMUNICATIONS SITE -
CUP 87-07(B)x2 as provided by the conditions of approval of CUP 87-07(B) and Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of July 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 August 2, 1995, the Planning Commission approved CUP 87-
07(B) as described and conditioned in Planning Commission Resolution No. 3784.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A> That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SQUIRES DAM COMMUNICATIONS SITE -
CUP 87-07(B)x2 effective retroactively to June 14,1999 based on the following
findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 87-07(B) which are contained in Planning Commission
Resolution No. 3784 apply to this extension.
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 modi@ all approvals herein granted; deny or tirther 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.
2. All conditions of approval imposed upon Conditional Use Permit CUP 87-07(B) as stated
in Planning Commission Resolution No. 3784 shall apply as conditions of approval for
CUP 87-07(B)x2 except Condition No. 4 which is replaced by Condition No. 4 below.
3. 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.
4. This Conditional Use Permit is granted for a period of 5 years from June 15, 1999
through June 14,2004. 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 5 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.
PC RESO NO. 4983 -2-
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1 NOTICE
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3 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
4 “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.
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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 July 2001 by the
15 II following vote, to wit:
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AYES:
NOES:
ABSENT:
Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
Commissioner L’Heureux
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26 ATTEST:
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28 MICHAEL J. *ZMB%ER
Planning Director
PC RESO NO. 4983 -3-
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