HomeMy WebLinkAbout2002-04-17; Planning Commission; Resolution 51751
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PLANNING COMMISSION RESOLUTION NO. 51 75
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COMMUNICATIONS FACILITY ON PROPERTY LOCATED
AT 6111 EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: OLYMPIC HOTEL WIRELESS TELECOM
CASE NO.: SUP 01-10
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Olympic Resort Joint Venture,
“Owner,” described as
SPECIAL USE PERMIT TO ALLOW AN UNMANNED TELE-
That portion of Palomar Airport in Lot “G” of the Rancho
Agua Hedionda, in the County of San Diego, State of
California, according to Partition Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibit(s) “A” - “E” dated April 17, 2002, on file in the Planning
Department OLYMPIC HOTEL WIRELESS TELECOM - SUP 01-10, as provided by
Chapter 21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th 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:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES OLYMPIC HOTEL WIRELESS TELECOM - SUP 01-10,
based on the following findings and subject to the following conditions:
Findings:
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 unmanned telecommunications facility will be integrated into the
architectural design of the existing Olympic Resort Hotel and will not be visually
intrusive to the El Camino Real Scenic 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 01-23 and is subject to all
conditions contained in Planning Commission Resolution No. 5174 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, notifjrlng all
interested parties and successors in interest that the City of Carlsbad has issued a Special
Use Permit by Resolution No. 5175 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
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 feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
PC RES0 NO. 5 175 -2-
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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 17th day of April, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZM~LER
Planning Director
PC RES0 NO. 5 175 -3-