HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51651
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PLANNING COMMISSION RESOLUTION NO. 5165
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
INSTALLATION OF FOUR PANEL ANTENNAS ON AN
EXISTING EQUIPMENT BUILDING ON PROPERTY
GENERALLY LOCATED AT 4901 EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: MARJA ACRES PCS FACILITY
CASE NO.: CDP 01-33
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
DEVELOPMENT PERMIT CDP 01-33 TO ALLOW THE
EXISTING MONO-PALM AND MODIFICATIONS TO AN
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 Coastal
Development Permit as shown on Exhibits “A” - “F” dated April 3, 2002, on file in the
Planning Department, MARJA ACRES PCS FACILITY - CDP 01-33 as provided by Chapter
21.201.040 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 CDP.
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 MARJA ACRES PCS FACILITY - CDP 01-33 based on the
following findings and subject to the following conditions:
Findinm:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the
commercial and residential land use designations are consistent with the LCP Land
Use Plan.
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
development overlay zone. Therefore, compliance with the public access and
recreation policies of Chapter 3 of the Coastal Act is not required.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the proposed co-
location on the existing mono-palm is a ‘%tealth” design which will blend in with the
natural view shed; no steep slopes will be affected by the project and no native
vegetation is located on the subject property; and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Coastal Development 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. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.2 10 of the Carlsbad Municipal Code.
3. This approval is granted subject to the approval of the CUP 01-24 and SUP 01-07 and is
subject to all conditions contained in Resolutions No. 5163 and 5164 for those other
approvals.
PC RES0 NO. 5165 -2-
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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.
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
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOXZMIBER
Planning Director
PC RES0 NO. 5165 -3-