HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51641
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PLANNING COMMISSION RESOLUTION NO. 5164
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIAL
USE PERMIT SUP 01-07 TO ALLOW THE INSTALLATION OF
FOUR PANEL ANTENNAS ON AN EXISTING MONO-PALM
AND MODIFICATIONS TO AN EXISTING EQUIPMENT
BUILDING ON PROPERTY GENERALLY LOCATED AT 4901
EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 1
CASE NAME: MAFUA ACRES PCS FACILITY
CASE NO.: SUP 0 1-07
WHEREAS, Sprint PCS, "Developer", has filed a verified application with the
City of Carlsbad regarding property owned by Jay Franklin Hoffman and Maryon Dooley
Hoffman, "Owner", described as
Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County
of San Diego, State of California, filed January 31,1975, in the
Office of the County Recorder of San Diego County, and that
portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City
of Carlsbad, County of San Diego, State of California, as
shown on Parcel Map filed on page 3451 of Parcel Maps on
January 31,1975, under file No. 75-023997.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits "A" - "F" dated April 3,2002, on file in the Planning Department
MARJA ACRES PCS FACILITY - SUP 01-07, as provided by Chapter 21.40 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 3rd day of April, 2002 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES MARTA ACRES PCS FACILITY - SUP 01-07, based on the
following findings and subject to the following conditions:
Findinm:
1. The proposed project is consistent with the purposes of Chapter 21.40 (Scenic
Preservation Overlay) and all applicable general and specific plans, and will not
adversely affect the scenic, historical or cultural qualities of the subject property in
that the proposed co-location on the existing mono-palm will be located far enough
away from El Camino Real so as not to be visually intrusive to the El Camino Real
Scenic Corridor and the equipment building has been designed to match the
architectural design of the commercial center.
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 01-24 and CDP 01-33 and is
subject to all conditions contained in Resolutions No. 5163 and 5165 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 feedexactions. 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.
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 feedexactions 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 RES0 NO. 5164 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 3rd day of April, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
SEENA TFUGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5 164 -3-