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HomeMy WebLinkAbout2005-11-16; Planning Commission; Resolution 59961 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. 5996 A RESOLUTION OF THE PLANNING COMMISSION OF THE YEAR EXTENSION OF 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: CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- VERIZON WIRELESS AT ARMADA CASE NO.: CUP 00-33x1 WHEREAS, Verizon Wireless, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Grand Pacific Palisades, L.P., “Owner,” described as Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort 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” - “C” dated December 6, 2000, on file in the Planning Department, VERIZON WIRELESS AT ARMADA - CUP 00-33x1, as provided by the conditions of approval of CUP 00-33 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of November 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 approve1 WHEREAS, on the 6th day of December 2000, the Planning Commission 7ERIZON WIRELESS AT ARMADA - CUP 00-33 as described and conditioned in Planning Commission Resolution No. 4874. 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 VERIZON WIRELESS AT ARMADA - CUP 00- 33x1, based on the following findings and subject to the following conditions: Findinm: 1. The adopted findings for CUP 00-33, which are contained in Planning Commission Resolution No. 4874, apply to this extension and are incorporated by this reference. Conditions: 1. 2. 3. 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 modifl all approvals herein granted; deny or Mher condition issuance of all future building permits; deny, revoke or fwther 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 00-33 as stated in Planning Commission Resolution No. 4874 shall apply as conditions of approval for CUP 00-33x1 and are incorporated by this reference, except Conditions No. 6,9,10,11 and 12 which have been satisfied, and Conditions No. 7 and 8 are replaced by Conditions No. 3 and 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. PC RES0 NO. 5996 -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 4. This Conditional Use Permit is granted for a period of five (5) years from December 6, 2005 through December 5,2010. 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 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 fees/exactions 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. 5996 -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 16th day of November 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: 3 JEFFRE N. SEGALL, airperson CARLSBAD PLANNING COMMISSION MTEST: DON NEU Assistant Planning Director PC RES0 NO. 5996 -4-