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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50591 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. 5059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFOFNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 01-17 TO ALLOW A TELECOMMUNICATIONS FACILITY ON PROPERTY GENERALLYLOCATEDATTHEAVIARAFOURSEASONS RESORT IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME NEXTEL COMMUNICATIONS - AVIARA CASE NO.: CDP 01-17 WHEREAS, Nextel Communications, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Aviara Resort Associates, LP, “Owner”, described as: Lot 1 of City of Carlsbad Tract No 95-02, Unit 1, Planning Area 24 and a portion of 2B, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13335, filed in the Office of the County Recorder of San Diego County, June 13,1996. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “An - “D” dated October 17, 2001, on file in the Planning Department NEXTEL COMMUNICATIONS-AVIARA - CDP 01-17, as provided by 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of October, 2001 and on the 7th day of November 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: 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 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES NEXTEL COMMUNICATIONS-AVIA - CDP 01-17, based on the following findings and subject to the following conditions: FindinPs: 1. 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 Aviara Master Plan and in compliance with all applicable Aviara Master Plan development regulations. 2. 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. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.103 of the Zoning Ordinance) in that the proposed cupola and base 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 1.201.210 of the Carlsbad Municipal Code. 2. This approval is granted subject to the approval of CUP 01-05 and is subject to all conditions contained in Planning Commission Resolution No. 5059 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 fkom 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 PC RESO NO. 5059 -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 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 7th day of November, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Dominguez, Heineman, Nielsen, and Trigas s NOES: ABSENT: Commissioner Baker ABSTAIN: ATTEST: Planning Director PC RESO NO. 5059 -3-