HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 60801 PLANNING COMMISSION RESOLUTION NO. 6080
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
COMMUNICATION FACILITY AT 5823 NEWTON DRIVE IN
6 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM (LCP) AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 5.
CASE NAME: GTE WIRELESS AT COLLEGE AND EL
8 CAMINO REAL
9 CASE NO.: CUP 00-19x1
10 WHEREAS, New Cingular Wireless PCS, LLC, "Developer," has filed a
verified application with the City of Carlsbad regarding property owned by RPH Industrial
12 LLC a Delaware Limited Liability Company, "Owner," described as
13
That portion of Lot "F" of Rancho Agua Hedionda, in the City
14 of Carlsbad, County of San Diego, State of California,
.. according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Use18
19 Permit Extension as shown on Exhibits "A" - "D" dated September 6, 2000, on file in the
20 Planning Department GTE WIRELESS COLLEGE AND EL CAMINO REAL - CUP 00-
21 19x1, as provided by the conditions of approval of CUP 00-19 and Chapter 21.42 and/or 21.50 of
22 the Carlsbad Municipal Code; and
23
WHEREAS, the Planning Commission did, on the 7th day of June 2006, hold a
24
duly noticed public hearing as prescribed by law to consider said request; and
£*<J
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
2° relating to the CUP Extension; and
1 WHEREAS, on September 6, 2000, the Planning Commission approved CUP
2
00-19 as described and conditioned in Planning Commission Resolution No. 4830.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4
^ 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 GTE WIRELESS COLLEGE AND EL CAMINO
REAL to be effective retroactively from September 5, 2005 through September
9 4,2010 based on the following findings and subject to the following conditions:
10 Findings;
1. The adopted findings for CUP 00-19 which are contained in Planning Commission
12 Resolution No. 4830 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
., 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
Extension.
20
2. All conditions of approval imposed upon Conditional Use Permit CUP 00-19 as stated in
21 Planning Commission Resolution No. 4830 shall apply as conditions of approval for CUP
22 00-19x1 and are incorporated by this reference, except Conditions No. 6 and 11 which
have been satisfied, and Condition No. 9 is replaced by Condition No. 4 below.
23
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 five years retroactively from
September 5, 2005 through September 4,2010. This permit may be revoked at any time
PC RESO NO. 6080 -2-
after a public hearing, if it is found that the use has a substantial detrimental effect on
2 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
3 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
6 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.
7
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.
15
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.
19"
20
21
22
23
24
25
26
27
28
PC RESO NO. 6080 -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 7th day of June 2006 by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MONTG^MbKY, mirperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
PC RESO NO. 6080 -4-