HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 51961
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PLANNING COMMISSION RESOLUTION NO. 5196
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
INSTALLATION OF THREE SECTORS OF FOUR PANEL
ANTENNAS AND EQUIPMENT ENCLOSURE ON AN
EXISTING BUILDING ON PROPERTY GENEWLY
LOCATED AT 720 MACADAMIA DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 22
CASE NAME: NEXTEL WIRELESS TELECOM FACILITY
CASE NO.: CDP 02-06
WHEREAS, Nextel of California, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Pinnacle Carlsbad, LLC, “Owner”,
described as
DEVELOPMENT PERMIT CDP 02-06 TO ALLOW THE
Lot 9 and 10 of Carlsbad Tract No. 81-5 in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 10899, filed in the Office of the County
Recorder of San Diego County April 11,1984.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “C” dated May 15, 2002, on file in the
Planning Department, NEXTEL WIRELESS TELECOM FACILITY - CDP 02-06, as
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of May 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 NEXTEL WIRELESS TELECOM FACILITY - CDP 02-06
based on the following findings and subject to the following conditions:
Findinm:
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That the proposed development is in conformance with the Mello I Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the
commercial land use designations are consistent with the LCP Land Use Plan.
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.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed antennas will be
concealed within the parapet wall of the existing building and the equipment
building will be integrated into an existing landscape area; no steep slopes will be
affected by the project and no native vegetation is located on the subject property;
and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the prohsions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Coastal Development Permit document(s) necessary to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
2. 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.
3. This approval is granted subject to the approval of the CUP 02-04 and is subject to all
conditions contained in Resolution No. 5195 for those other approvals incorporated by
reference herein.
...
PC RES0 NO. 5 196 -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 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.
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 15th day of May 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and
White
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HBLZ~~P~LLER
Planning Director
PC RES0 NO. 5 196 -3-