HomeMy WebLinkAbout2006-01-04; Planning Commission; Resolution 60131
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PLANNING COMMISSION RESOLUTION NO. 6013
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO ALLOW A WIRELESS
COMMUNICATION FACILITY ON PROPERTY GENERALLY
FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
LOCATED AT 6994-D EL CAMINO REAL IN LOCAL
WEST BLUFF PLAZA WIRELESS
CASE NO: SUP 05-06
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Alpaca Properties, LLC, “Owner,”
described as
Parcel A:
Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, August 14,1979 as
File No. 79-340715 of Official Records
Parcel B:
Non-exclusive easements for pedestrian and vehicular ingress
and egress, parking, maintenance and landscaping as created
in that certain document entitled “Grant of Easements and
Agreement for Maintenance of Parking Areas, Driveways and
Landscaped Area” dated August 21,1979 and recorded August
24,1979 as Instrument No. 1979-356065 of Official Records
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A” - “H” dated January 4, 2006, on file in the Planning
Department WEST BLUFF PLAZA WIRELESS - SUP 05-06, as provided by Chapter 21.40
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 4th day of January, 2006 hold
a duly noticed public hearing as prescribed by law to consider said request; and
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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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES WEST BLUFF PLAZA WIRELESS - SUP 05-06, based on the
following findings and subject to the following conditions:
FindinPs:
1. The project is consistent with the purposes of the Scenic Preservation Overlay Zone
in that the project is consistent with the El Camino Real Corridor Standards in that
the proposed extension of the existing portico conforms to the Old California Style.
2. The project will not adversely impact the scenic quality of the El Camino Real
corridor, as the wall mounted antennas will be painted to match the existing
building faqade and the proposed extension of the existing portico will not obstruct
distant views any more than the existing buildings.
3. The project complies with the Land Use Element of the General Plan in that the
proposed extension of the existing portico presents a tasteful and visually appealing
design that is compatible with the other buildings’ design.
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 05-10 and is subject to all
conditions contained in Planning Commission Resolution No. 6012 for that other
approval incorporated by reference herein.
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, notifling all
interested parties and successors in interest that the City of Carlsbad has issued a Special
Use Permit by Resolution No. 6013 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
PC RES0 NO. 6013 -2-
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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 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 fees/exactions
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.
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PC RES0 NO. 6013 -3 -
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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 4th day of January, 2006 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: m JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 6013 -4-