HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 5387I
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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:
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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 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-
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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 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 -