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HomeMy WebLinkAbout2003-12-03; Planning Commission; Resolution 54791 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5479 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO CONTINUE THE OPERATION OF A PERSONAL COMMUNICATION SYSTEM LOCATED AT 5858 EDISON PLACE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: INNOVATIVE TIME CASE NO.: CUP 98-06x1 WHEREAS, Cingular Wireless, “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by Mickey E. Novak, Trustee, “Owner,” described as Parcel 2 of Parcel Map 15687 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, on May 30, 1989, as File/Page No. 89-283195 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “E” dated June 3, 1998, on file in the Carlsbad Planning Department INNOVATIVE TIME - CUP 98-06x1, as provided by the conditions of approval of CUP 98-06 and Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of December 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 CUP Extension; and WHEREAS, on the 3rd day of June, 1998, the Planning Commission approved INNOVATIVE TIME- CUP 98-06 as described and conditioned in Planning Commission Resolution No. 4302. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 INNOVATIVE TIME - CUP 98-06x1, to be effective retroactively from June 3, 2003 through June 2, 2008, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 98-06 which are contained in Planning Commission Resolution No. 4302 apply to this extension and are incorporated by this reference. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. 2. All conditions of approval imposed upon Conditional Use Permit CUP 98-06 as stated in Planning Commission Resolution No. 4302 shall apply as conditions of approval for CUP 98-06x1 and are incorporated by this reference, except Conditions No. 3, 4, 8, 9 and 10, which have been satisfied, and except Condition No. 2 is replaced by Condition No. 4 below. 3. 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 Planning 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. 4. This Conditional Use Permit is granted for a period of five (5) years from June 3,2003 through June 2,2008. 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. PC RES0 NO. 5479 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5. The equipment cabinet enclosure shall be textured and painted to match the existing structure. 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 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. ... ... ... ... ... ... ... PC RES0 NO. 5479 -3- 1 2 3 4 4 I 6 c I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of December 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None &Q&-=-- IE AKER, Chairperson C-AD PLANNING COMMISSION ATTEST: 1 Planning Director PC RES0 NO. 5479 -4-