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HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 49191 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 PLANNING COMMISSION RESOLUTION NO. 4919 A RESOLUTION OF THE PLANNING CO?llMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT AMENDMENT TO ALLOW THE CONSTRUCTION OF A 3,254 SQUARE FOOT EXPANSION TO THE EXISTING OFFICE BUILDING/TELEVISION STUDIO TO INCLUDE A SIGNAL PROCESSING FACILITY, ROOF-MOUNTED SATELLITE DISH AND GROUND- MOUNTED GENERATOR ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF FARADAY AVENUE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: DANIELS CABLEVISION EXPANSION CASE NO: SUP 90-02(A) WHEREAS, JM Consulting Group, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Dauiels Cablevision, “Owner”, described as Parcel 1 of Parcel Map No. 13199, filed in the Office of the County Recorder on February 29, 1984, in the City of Carlsbad, County of San Diego, State of California. (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit [Amendment] as shown on Exhibits “A” - “E”, dated February 7, 2001, on file in the Planning Department DANIELS CABLEVISION EXPANSION, as provided by Chapter 2 1.40 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of February, 2001 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 Amendment; WHEREAS, on September 19, 1990, the Planning Commission approved, SUP 90-02, as described and conditioned in Planning Commission Resolution No. 3098. - 1 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 3 4 4 That the foregoing recitations are true and correct. 5 W That based on the evidence presented at the public hearing, the Commission APPROVES DANIELS CABLEVISION EXPANSION - SUP 90-02(A), 6 based on the following findings and subject to the following conditions: Findings: 7 1. The Daniels Cablevision Expansion project is consistent with the El Camino Real Corridor Standards in that the proposed architecture and site design meets the “campus” style appearance; the building height measures 35 feet from the proposed grade; only remedial grading is proposed; the building is setback a minimum of 30 feet from the El Camino Real right-of-way; and the roof-mounted satellite dish is completely screened by parapet walls. 12 Conditions: 13 l. 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 14 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development 15 different from this approval, shall require an amendment to this approval. l6 2. This approval is granted subject to the approval of SDP 80-03(B) and is subject to all 17 conditions contained in Planning Commission Resolution No. 4918 for the other approval. 18 NOTICE 20 21 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.” 22 23 24 25 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 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, 26 27 28 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 PC RESO NO. 4919 -2. 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 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 7th day of February, 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: i CARLSBAD PLANNING COMMISSION ATTEST: bm.zHmL J. H&ZM!-&ER Planning Director PC RBSO NO. 4919