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HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 5387I 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 PLANNING COMMISSION RESOLUTION NO. 5387 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIAL USE PERMIT SUP 02-10 TO ALLOW THE INSTALLATION OF A MONO-PALM WITH TWELVE ANTENNAS AND AN ASSOCIATED EQUIPMENT AREA ON PROPERTY GENEWLY LOCATED AT 4901 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: HOFFMAN CINGULAR CASE NO.: SUP 02-10 WHEREAS, Cingular Wireless, “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 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 (APN 207-101-28) (“the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibits “A” - “E” dated April 2,2003, on file in the Planning Department, HOFFMAN CINGULAR - SUP 02-10, as provided by Chapter 21.40/21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of April, 2003 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: 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES HOFFMAN CINGULAR - SUP 02-10, 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 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, two additional mature palms will be planted around the mono-palm so that it blends into the natural surroundings, and the equipment area is adequately screened by existing vegetation. 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 the CUP 02-21 and CDP 02-40 and is subject to all conditions contained in Resolutions No. 5386 and 5388 for those other approvals incorporated herein by reference. 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 feedexactions 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. 5387 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMIEER Planning Director PC RES0 NO. 5387 -3 -