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HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55171 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. 5517 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 03-16 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.: CDP 03-16 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 Coastal Development Permit as shown on Exhibits “A” - “E” dated January 7, 2004, on file in the Planning Department, TAMARACK AT&T WIRELESS - CDP 03-16 as provided by Chapter 2 1.201.040 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 CDP. 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 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 APPROVES TAMARACK AT&T WIRELESS - CDP 03-16 based on the following findings and subject to the following conditions: Findinvs: 1. 2. 3. 4. 5. 6. ... 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 21.203 of the Zoning Ordinance) in that the proposed mono- palm is a “stealth” 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 2 1.202 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 2 1.204 of the Zoning Ordinance). 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. ... PC RES0 NO. 5517 -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 Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Conditional 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. 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 21.201.210 of the Carlsbad Municipal Code. 3. This approval is granted subject to the approval of CUP 03-06 and SUP 03-04 and is subject to all conditions contained in Resolutions No. 5515 and 5516 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 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. 5517 -3- 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 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 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HWZMIEER Planning Director PC RES0 NO. 5517 -4-