HomeMy WebLinkAbout2006-11-01; Planning Commission; Resolution 61851 PLANNING COMMISSION RESOLUTION NO. 6185
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW A
4 WIRELESS COMMUNICATIONS FACILITY ON PROPERTY
5 GENERALLY LOCATED AT 7100 FOUR SEASONS POINT IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
6 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
19.
7 CASE NAME: NS022-01 FOUR SEASONS WCF
CASE NO.: CDP 05-358
9 WHEREAS, Cingular Wireless, "Developer," has filed a verified application
10 with the City of Carlsbad regarding property owned by Aviara Resort Associates, LP, "Owner,"
1 * described as:
12 Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1, Planning
13 Area 2a and a portion of 2b, in the City of Carlsbad, County of
San Diego, State of California, According to Map thereof No.
14 13335, filed in the Office of the County Recorder of San Diego
County, June 13,1996
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
18 Development Permit as shown on Exhibits "A" - "K" dated November 1, 2006, on file in the
19 Planning Department, NS022-01 FOUR SEASONS WCF - CDP 05-35, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 1st day of November, 2006,
23 hold a 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
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES NS022-01 FOUR SEASONS WCF - CDP 05-35 based on the
following findings and subject to the following conditions:4
r Findings;
6 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that wireless communication facilities are
7 permitted within the Aviara Master Plan as accessory uses and the project is in
compliance with all applicable Aviara Master Plan development regulations.8
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is located outside of the coastal shoreline
10 development overlay zone, therefore compliance with the public access and
recreation policies of Chapter 3 of the Coastal Act is not required.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
15 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
17 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
18 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 Coastal Development Permit.
20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
21 and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
22 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
^*3
24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
26 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
~7 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
PCRESONO. 6185 -2-
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
4 (b) City's approval or issuance of any permit or action, whether discretionary or
c- nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
o
9 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
10 body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
12 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 19 Local Facilities Management Plan and any amendments made to
1,. that Plan prior to the issuance of building permits.
16 9. This approval is granted subject to the approval of CUP 05-18 and is subject to all
conditions contained in Planning Commission Resolution No. 6184 for those other
17 approvals incorporated herein by reference.
18 10. The applicant shall apply for and be issued building permits for this project within two
19 (2) years of approval or this Coastal Development Permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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11. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
22 permit issuance, except as otherwise specifically provided herein.
23 NOTICE
24 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
25 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
2g 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
PCRESONO. 6185 -3-
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follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of November, 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Segall
ABSENT: Commissioner Whitton
ABSTAIN:
MARTELL B. MUN 1 CiUMiiKYIPhairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6185 -4-