HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50591
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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:
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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-
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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-