HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50461
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PLANNING COMMISSION RESOLUTION NO. 5046
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO ALLOW AN ENHANCED
SPECIAL MOBILE RADIO FACILITY ON PROPERTY
LOCATED AT 6994 EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: NEXTEL - BATIQUITOS LAGOON
CASE NO: SUP 01-05
WHEREAS, Nextel Communications, 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, filed in the
Office of the County Recorder of San Diego County, August
14,1979, as file no. 79-340715 of official records.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A” - trE” dated September 5, 2001, on file in the Planning
Department NEXTEL - BATIQUITOS LAGOON - SUP 01-05, as provided by Chapter 21.40
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 5th day of September, 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;
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.
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W That based on the evidence presented at the public hearing, the Commission
APPROVES NEXTEL - BATIQUITOS LAGOON - SUP 01-05, based on the
following findings and subject to the following conditions:
FindinPs:
1. The project is consistent with the purposes of the Scenic Preservation Overlay Zone
in that the project is consistent with the El Camino Real Corridor Standards in that
the architectural dormer element conforms to the Old California Style.
2. The project will not adversely impact the scenic quality of the El Camino Real
corridor as the architectural dormer will not obstruct distant views any more than
the existing buildings.
3. The project complies with the land use element of the General Plan in that the
architectural element present a tasteful and visually appealing design which is
compatible with the other buildings design.
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 01-11 and is subject to all
conditions contained in Planning Commission Resolution No. 5045 for those other
approvals.
3. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Special
Use Permit by Resolution No. 5046 on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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 file the protest and any other required information with the City Manager for
PC RESO NO. 5046 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of September 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
u
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5046 -3-