HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60511 PLANNING COMMISSION RESOLUTION NO. 6051
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO
4 ALLOW THE CONTINUED OPERATION OF AN UNMANNED
5 WIRELESS COMMUNICATION FACILITY AT THE AVIARA
FOUR SEASONS RESORT LOCATED AT 7100 FOUR
6 SEASONS POINT WITHIN THE MELLO I SEGMENT OF THE
LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 19.
CASE NAME: VERIZON FOUR SEASONS SITE
8 CASE NO.: CUP 00-42x1
9
WHEREAS, Verizon Wireless, "Developer," has filed a verified application with
10
the City of Carlsbad regarding property owned by Aviara Resort Associates, "Owner,"
^2 described as
13 Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1, Planning
Area 24 and a portion of 2B, in the City of Carlsbad, County of
14 San Diego, State of California, according to Map thereof No.
13335, filed in the Office of the County Recorder of San Diego
County, June 13,1996
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Use18
^9 Permit Extension as shown on Exhibits "A" - "F" dated May 16, 2001, on file in the Planning
20 Department VERIZON FOUR SEASONS SITE - CUP 00-42x1, as provided by the conditions
21 of approval of CUP 00-42 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 19th day of April 2006, hold a
23
duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
£J
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP Extension; and
28 WHEREAS, on May 16, 2001, the Planning Commission approved CUP 00-42
as described and conditioned in Planning Commission Resolution No. 4953.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.4
- B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES VERIZON FOUR SEASONS SITE - CUP 00-42x1
6 based on the following findings and subject to the following conditions:
7 Findings:
o
1. The adopted findings for CUP 00-42 which are contained in Planning Commission
9 Resolution No. 4953 apply to this extension and are incorporated by this reference.
10 Conditions;
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
J2 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
13 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
14 issued under the authority of approvals herein granted; record a notice of violation on the
14. 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
16 or a successor in interest by the City's approval of this Conditional Use Permit.
17 2. All conditions of approval imposed upon Conditional Use Permit CUP 00-42 as stated in
Planning Commission Resolution No. 4953 shall apply as conditions of approval for CUP
00-42x1 and are incorporated by this reference, except Conditions No. 6, 8, 9,15, and 16
19 which have been satisfied, and Condition No. 14 is replaced by Condition No. 4 below.
20 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
21 a substantial negative effect on surrounding properties or the public health and welfare. If
22 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
23 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
24
_ 4. This Conditional Use Permit is granted for a period of five (5) years from May 3, 2006
through May 2, 2011. This permit may be revoked at any time after a public hearing, if it
26 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
27 permit may be extended for a reasonable period of time not to exceed five (5) 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.
PCRESONO. 6051 -2-
If a substantial negative effect on surrounding land uses or the public's health and welfare
2 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
3 Planning Commission may grant.
4 NOTICE
5
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
9 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
i annul their imposition.
12 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
15 expired.
16
17
18
19
20
21
22
23
24
25
26
27
28
PCRESONO.6051 -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 19th day of April 2006 by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONTGOMERY, ^airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 6051 -4-