HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59331
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PLANNING COMMISSION RESOLUTION NO. 5933
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
ALLOW THE CONTINUED OPERATION OF A WIRELESS
TOWER WITHIN THE ENCINA POWER PLANT AT 4600
CARLSBAD BOULEVARD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: SDG&E COMMUNICATION FACILITY
COMMUNICATION FACILITY LOCATED ON THE 400-FOOT
CASE NO.: CUP 9507x2
WHEREAS, Nextel Communications, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Cabrillo Power, LLC,
“Owner,” described as
Tract 823 Lot H P. Rancho Agua Hedionda for of, (ex
ST&HWY&DS90-9473&91-331666) Par 3 SBE MP 1441-37-
73F on old A€” 210 010 34
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “F” dated August 16, 1995, on file in the
Planning Department SDG&E COMMUNICATION FACILITY - CUP 9507x2, as provided
by the conditions of approval of CUP 95-07x1 and Chapter 21.42 andor 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of July 2005, 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 August 16, 1995, the Planning Commission approved CUP 95-
07 as described and conditioned in Planning Commission Resolution No. 3786; and
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WHEREAS, on April 18, 2001, the Planning Commission approved CUP 95-
07x1 as described and conditioned in Planning Commission Resolution No. 4933.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CUP 95-07x2 - SDG&E COMMUNICATION
FACILITY based on the following findings and subject to the following
conditions:
Findinm:
1. The adopted findings for CUP 9507x1 which are contained in Planning Commission
Resolution No. 4933 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
4.
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
fuhue building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; 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
Extension.
All conditions of approval imposed upon Conditional Use Permit CUP 95-07x1 as stated
in Planning Commission Resolution No. 4933 shall apply as conditions of approval for
CUP 95-07x2 and are incorporated by this reference, except Condition No. 4 is replaced
by Condition No. 4 below.
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.
This Conditional Use Permit is granted for a period of five years from July 20, 2005
through July 19,2010. This permit may be revoked at any time after a public hearing, if
PC RES0 NO. 5933 -2-
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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 five 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.
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.
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PC RES0 NO. 5933 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of July 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
A
DON NEU
Assistant Planning Director
PC RES0 NO. 5933 -4-