HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53701
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PLANNING COMMISSION RESOLUTION NO. 5370
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENEWLY LOCATED AT 701 PALOMAR AIRPORT ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CINGULAR CARLSBAD PACIFIC BUILDING
CASE NO.: CDP 02-44
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Prentiss Properties Acquisition
Partners, L.P., “Owner,” described as:
DEVELOPMENT PERMIT CDP 02-44 ON PROPERTY
Parcel 1 of Parcel Map No. 15386, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, September 16, 1988 as Filepage
No. 88-467980 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “D” dated February 19, 2003, on file in the
Carlsbad Planning Department, CINGULAR CARLSBAD PACIFIC BUILDING - CDP 02-
44, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of February, 2003,
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 CINGULAR CARLSBAD PACIFIC BUILDING - CDP 02-44,
based on the following findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the telecommunications facility is permitted
as a conditional use by the Industrial land use designation and zoning.
2, 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).
3. 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.
4. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project is a
LLstealth” design located on the rooftop of an existing office building thereby having
no impact on the physical environment.
5. 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 provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
Conditions:
Note:
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3.
e..
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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.
This approval is granted subject to the approval of the CUP 02-26 and is subject to all
conditions contained in Resolution No. 5369 for those other approvals incorporated
herein by reference.
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 Zoning Ordinance.
PC RES0 NO. 5370 -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 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 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 19th day of February, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HWZMII~~ER
Planning Director
PC RES0 NO. 5370 -3-