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HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 47981 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4798 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW A PERSONAL COMMUNICATION SERVICE FACILITY ON PROPERTY LOCATED AT 6986 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: WESTBLUFF PLAZA PCS CASE NO: SUP 00-06 WHEREAS, Pacific Bell Wireless, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by West Bluff associates, LTD. A Utah limited partnership, “Owner,” described as A portion of Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad, County of San Diego, State of California, Bled in the Office of the County Recorder of San Diego County, August 14,1979, as tile no. 79-304715 of official records. (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibits “A” - “E” dated July 19,2000, on tile in the Planning Department WESTBLUFF PLAZA PCS, SUP 00-06, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of July, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W Findings: That based on the evidence presented at the public hearing, the Commission APPROVES WESTBLUFF PLAZA PCS, SUP 00-06, based on the following findings and subject to the following conditions: 1. The project complies with the requirements of the El Camino Real Corridor Development Standards in that the architectural dormer element conforms to the Old California Style and will not adversely impact the scenic quality of the corridor. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. This approval is granted subject to the approval of CUP 00-20 and is subject to all conditions contained in Planning Commission Resolution no. 4797 for those other approvals. NOTICE 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 “fees/exactions.” 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 66020(a), and tile 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. 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. PC RESO NO. 4798 -2- PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of July, 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: + WILLIAM COMPAS, Chai$erson CARLSBAD PLANNING COMMISSION ATTEST: PC RESO NO. 4798 -3-