HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59401
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. 5940
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF A WIRELESS COMMUNICATION FACILITY
ON PROPERTY GENERALLY LOCATED AT 5805 ARMADA
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: NEXTEL COMI”ICATIONS/GRAND
RETROACTIVE FIVE-YEAR EXTENSION OF A
PACIFIC RESORT
CASE NO. : CUP 00-18x1
WHEREAS, Nextel of California, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Grand Pacific Resort, L.P.,
“Owner,” described as
Lot 2 of Carlsbad Ranch Hotel and Timeshare C.T. 96-01,
according to Map No. 13719, 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 February 3,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “F” dated July 19, 2000, on file in the Planning
Department NEXTEL COMMUNICATIONS/GRAND PACIFIC RESORT - CUP 00-18x1,
as provided by the conditions of approval of CUP 00-18 and Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of August 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
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
WHEREAS, on the 19th day of July, 2000, the Planning Commission approved
NEXTEL COMMUNICATIONS/GRAND PACIFIC RESORT - CUP 00-18 as described
and conditioned in Planning Commission Resolution No. 4807.
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 NEXTEL COMMUNICATIONS/GRAND
PACIFIC RESORT - CUP 00-18x1, to be effective retroactively from July
19, 2005 through July 18, 2010, based on the following findings and subject to
the following conditions:
Findinps :
1. The adopted findings for CUP 00-18 which are contained in Planning Commission
Resolution No. 4807 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; 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.
2. All conditions of approval imposed upon Conditional Use Permit CUP 00-18 as stated in
Planning Commission Resolution No. 4807 shall apply as conditions of approval for CUP
00-18x1 and are incorporated by this reference, except Conditions No. 6, 9, 10 and 11
which have been satisfied, and Conditions No. 7 and 8 which are replaced by Conditions
No. 3 and 4 respectively 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
PC RES0 NO. 5940 -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
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 July 19,2005
through July 18,2010. 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 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 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 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 feeslexactions 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. 5940 -3 -
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. 5940 -4-