HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50842
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PLANNING COMMISSION RESOLUTION NO. 5084
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR RETROACTIVE EXTENSION OF A CONDITIONAL
USE PERMIT TO OPERATE A CELLULAR
COMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF
MACADAMIA DRIVE BETWEEN AVENIDA ENCINAS AND
THE EAST END ON THE CUL-DE-SAC IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: SPRINT PCS 137 - N. BATIQUITOS
LAGOON
CASE NO.: CUP 96-15Axl
WHEREAS, Sprint PCS, Inc., “Developer,” has filed 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. 81-05, in the City of
Carlsbad, according to map thereof No. 10899, filed in the
Ofiice of the County Recorder of San Diego County, State of
California, April 11,1984
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “E” dated December 5, 2001, on file in the
Carlsbad Planning Department SPRINT PCS 137 - N. BATIQUITOS LAGOON - CUP 96-
15Ax1, as provided by the conditions of approval of CUP 96-15 and Chapter 21.42 and/or 21.50
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December 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.
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WHEREAS, on November 20, 1996, the Planning Commission approved CUP
96-15 as described and conditioned in Planning Commission Resolution No. 4016.
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 SPRINT PCS 137 - N. BATIQUITOS LAGOON -
CUP 96-15Axl based on the following findings and subject to the following
conditions:
Findinps:
1. The adopted findings for CUP 96-15 which are contained in Planning Commission
Resolution No. 4016 apply to this extension and are incorporated by reference herein.
Conditions:
1. All conditions of approval imposed upon Conditional Use Permit CUP 96-15 as stated in
Planning Commission Resolution No. 4016 incorporated herein by reference shall
apply as conditions of approval for CUP 96-15Axl except Condition No. 3 which is
replaced by Condition No. 3 below, and No. 11 which is deleted since it is no longer
applicable.
2. 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
Plarming 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.
3. This Conditional Use Permit is granted retroactively for a period of 5 years from
November 21,200l through November 20,2006. 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 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. 5084 -2-
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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 5th day of December 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
.~
CARLSBAD PLAN&N:::~ISSION
ATTEST:
Planning Director
PC RESO NO. 5084