HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60821 PLANNING COMMISSION RESOLUTION NO. 6082
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR RETROACTIVE EXTENSION OF A CONDITIONAL
4 USE PERMIT TO ALLOW THE CONTINUED OPERATION OF
5 FIVE ROOF-MOUNTED PANEL ANTENNAS, ONE GROUND-
MOUNTED RADIO EQUIPMENT CABINET, AND AN
6 EQUIPMENT ENCLOSURE ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF MACADAMIA DRIVE,
7 EAST OF AVENIDA ENCINAS, WEST OF THE 1-5 FREEWAY
IN LOCAL FACILITIES MANAGEMENT ZONE 22.
8 CASE NAME: SD 184-05 T-MOBILE WIRELESS
9 CASE NO.: CUP 96-18(B)xl
10 WHEREAS, T-Mobile USA, Inc, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Pinnacle Carlsbad LLC, "Owner,"
12 described as
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Lots 9 and 10 of Carlsbad Tract No. 81-5, in the City of
14 Carlsbad, according to map thereof No. 10899, filed April 11,
15 1984
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
18 Permit Extension as shown on Exhibits "A" - "E" dated November 20, 1996, on file in the
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Planning Department TRAVELODGE PCS FACILITY - CUP 96-18, as provided by the
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conditions of approval of CUP 96-18(B) and Chapter 21.42 and/or 21.50 of the Carlsbad
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22 Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a
24 duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Extension; and
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1 WHEREAS, on May 2, 2001, the Planning Commission approved CUP 96-18(B)
2 as described and conditioned in Planning Commission Resolution No. 4935.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4
5 Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SD 184-05 T-MOBILE WIRELESS - CUP
96-18(B)xl based on the following findings and subject to the following
9 conditions.
10 Findings:
1. The adopted findings for CUP 96-18(B) which are contained in Planning Commission
12 Resolution No. 4935 apply to this extension and are incorporated by this reference.
13 Conditions:
14 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
1 c 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
16 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
17 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
19 or a successor in interest by the City's approval of this Conditional Use permit.
20 2. All conditions of approval imposed upon Conditional Use Permit CUP 96-18(B) as stated
in Planning Commission Resolution No. 4935 shall apply as conditions of approval for
CUP 96-18(B)xl and are incorporated by this reference, except Conditions No. 6, 7, 8,
22 18, and 21 which have been satisfied, and Condition No. 15 is replaced by Condition
No. 4 below.
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3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
24 to determine if all conditions of this permit have been met and that the use does not have
2<- 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
26 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
27 substantial negative effects.
28 4. This Conditional Use Permit is granted for a period of 5 years retroactively from May 2,
2006, through May 1, 2011. This permit may be revoked at any time after a public
PC RESO NO. 6082 -2-
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
2 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 5 years
3 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
6 conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
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8 NOTICE
9 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
10 "fees/exactions."
11 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
12 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
1 . follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
16 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.
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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 17th day of May 2006 by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL^. MONTGOMERY, Cl
CARLSBAD PLANNINCrCOMMK
ATTEST:
irson
DONNEU
Assistant Planning Director
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