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HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61821 PLANNING COMMISSION RESOLUTION NO. 6182 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 OPERATION OF AN UNMANNED WIRELESS COMMUNICATION FACILITY AT THE AVIARA FOUR 6 SEASONS RESORT LOCATED AT 7100 FOUR SEASONS POINT WITHIN THE MELLO I SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 19. 8 CASE NAME: SPRINT FOUR SEASONS SITE 9 CASE NO.: CUP 00-43x1 10 WHEREAS, Sprint PCS Assets L.L.C., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Aviara Resort Associates, 12 L.P., "Owner," described as 13 Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1 Planning 14 Area 24 and a portion of 2B, in the City of Carlsbad, County of ,, San Diego, State of California, according to Map thereof No. 13335, filed in the Office of the County Recorder of San 16 Diego County, June 13,1996 17 ("the Property"); and 1 O WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit Extension as shown on Exhibits "A" - "F" dated May 16, 2001, on file in the Planning 20 Department, SPRINT FOUR SEASONS SITE - CUP 00-43x1, as provided by the conditions 22 of approval of CUP 00-43 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 18th day of October 2006, 24 hold a 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 27 relating to the CUP Extension; and 28 1 WHEREAS, on May 16, 2001, the Planning Commission approved CUP 00-43 2 as described and conditioned in Planning Commission Resolution No. 4955. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 c- 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 SPRINT FOUR SEASONS SITE - CUP 00-43x1, based on the following findings and subject to the following conditions: 9 Findings; 10 1. The adopted findings for CUP 00-43 which are contained in Planning Commission Resolution No. 4955 apply to this extension and are incorporated by this reference. 12 Conditions; 13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 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 modify all approvals herein granted; deny or further condition issuance of all 16 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 17 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 19 Extension. 20 2. All conditions of approval imposed upon Conditional Use Permit CUP 00-43 as stated in Planning Commission Resolution No. 4955 shall apply as conditions of approval for CUP 00-43x1 and are incorporated by this reference, except Conditions No. 6, 8, 9,13,15,16, 22 and 17 which have been satisfied, and Condition No. 14 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 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. 98 4. This Conditional Use Permit is granted for a period of five years retroactively from May 15, 2006, through May 14, 2011. This permit may be revoked at any time after a PCRESONO. 6182 -2- 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 c 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 ^ . 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 PCRESONO. 6182 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16J. w 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a Commission of the City of Carlsbad, California, held on the following vote, to wit: regular meeting of the Planning 18th day of October, 2006, by the AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, NOES: ABSENT: ABSTAIN: ^*4n ^^M^ _^** ^^^^Ifn /**•/ j*— ^ ~^f fwMARTELL B. MONT(|DMERY,™irperson CARLSBAD PLANNING COMMISSION ATTEST: SLX. DONNEU Assistant Planning Director PCRESONO. 6182 -4- and Whitton