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
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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
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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
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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 16, 2001, the Planning Commission approved CUP 00-43
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as described and conditioned in Planning Commission Resolution No. 4955.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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:
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Findings;
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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;
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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.
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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
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.
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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
^ . 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
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