HomeMy WebLinkAbout2002-03-06; Planning Commission; Resolution 51621
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PLANNING COMMISSION RESOLUTION NO. 5162
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT THE AVIARA FOUR SEASONS
RESORT IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS RESORT PBW
CASE NO.: CDP 01-37
WHEREAS, Pacific Bell Wireless “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Aviara Resort Associates, LP,
“Owner”, described as:
COASTAL DEVELOPMENT PERMIT CDP 01-37 TO ALLOW
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 Exhibit(s) “A” - “F” dated March 6, 2002, on file in the
Planning Department FOUR SEASONS RESORT PBW - CDP 01-37, as provided by 21.201
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of March, 2002, 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:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES FOUR SEASONS RESORT PBW - CDP 01-37, based on the
following findings and subject to the following conditions:
Findinw:
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 .lo3 of the Zoning Ordinance) in that the proposed antennas are all
concealed within architectural elements of the building, none of which block or
impair coastal views, or screened to match the existing building thereby reducing
their visibility from the surrounding area.
Conditions:
Note:
1.
2.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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 21.201.210 of the Carlsbad Municipal Code.
This approval is granted subject to the approval of CUP 01-27 and is subject to all
conditions contained in Planning Commission Resolution 5161 for those other
approvals and incorporated by reference herein.
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 feedexactions. 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.
PC RES0 NO. 5 162 -2-
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You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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 feedexactions 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 6th day of March, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HaZMIEER
Planning Director
PC RES0 NO. 5162 -3 -