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HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60531 PLANNING COMMISSION RESOLUTION NO. 6053 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED 5 OPERATION OF AN UNMANNED WIRELESS COMMUNICATIONS FACILITY LOCATED AT 4901 EL 6 CAMINO REAL IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: SPRINT NEXTEL TAMARACK CASE NO.: CUP 00-32x1 9 WHEREAS, Sprint Nextel, Corp, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Marja Acres, "Owner," described as 12 Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31,1975, in the 13 Office of the County Recorder of San Diego county, and that portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City 14 of Carlsbad, County of San Diego, State of California, as 1 _ shown on Parcel Map filed on page 3451 of Parcel Maps on January 31,1975, under file No. 75-023997 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use18 J9 Permit Extension as shown on Exhibits "A" - "E" dated April 4, 2001, on file in the Planning 20 Department TAMARACK WIRELESS - CUP 00-32x1, as provided by the conditions of 21 approval of CUP 00-32 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 April 4,2001, the Planning Commission approved CUP 00-32 as described and conditioned in Planning Commission Resolution No. 4929. 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 SPRINT NEXTEL TAMARACK - CUP 00-32x1 6 based on the following findings and subject to the following conditions: 7 Findings; o 1. The adopted findings for CUP 00-32 which are contained in Planning Commission 9 Resolution No. 4929 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 12 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 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 00-32 as stated in Planning Commission Resolution No. 4929 shall apply as conditions of approval for CUP 00-32x1 and are incorporated by this reference, except Condition No. 7, 8,17,18 and 19 19 which have been satisfied, and Condition No. 15 which is replaced by Condition No. 4 below. 20 3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 21 to determine if all conditions of this permit have been met and that the use does not have 22 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 23 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 24 substantial negative effects. 25 4. This Conditional Use Permit is granted retroactively from April 4, 2006 through April 3, 26 2011. 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 27 health and welfare, or the conditions imposed herein have not been met. 28 PC RESO NO. 6053 -2- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6053 -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: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall and Whitton ABSENT: Commissioner Dominguez ABSTAIN: MARTELL B. MONTBOMERYMairperson CARLSBAD PLANNING COMMISSION ATTEST: "jy\ DONNEU Assistant Planning Director PC RESO NO. 6053 -4-