HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55161
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PLANNING COMMISSION RESOLUTION NO. 5516
-4 RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIAL
USE PERMIT SUP 03-04 TO ALLOW THE INSTALLATION OF
A MONO-PALM WITH SIX ANTENNAS AND AN
ASSOCIATED 250 SQUARE FOOT EQUIPMENT BUILDING
ON PROPERTY GENERALLY LOCATED AT 4901 EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: TAMARACK AT&T WIRELESS
CASE NO.: SUP 03-04
WHEREAS, AT&T Wireless Services, “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 Us
Permit as shown on Exhibits “A” - “E” dated January 7, 2004, on file in the Planning
Department TAMARACK AT&T WIRELESS - SUP 03-04, as provided by Chapter
2 1.4012 1.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of January, 2004 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.
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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.
B) That based on the evidence presented at the public hearing, the Commission
TAMARACK AT&T WIRELESS - SUP 03-04, 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 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 and large shrubs will be planted around the mono-palm so
that it blends into the natural surroundings, and the equipment building has been
designed to match the architectural design of the existing commercial center.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 - new construction
or conversion of small structures of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
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 03-06 and CDP 03-16 and is
subject to all conditions contained in Resolutions No. 5515 and 5517 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 fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
PC RES0 NO. 5516 -2-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of January 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
&dw k&
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO-MI~LER
Planning Director
PC RES0 NO. 5516 -3 -