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HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 64061 PLANNING COMMISSION RESOLUTION NO. 6406 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW THE 4 INSTALLATION, OPERATION, AND MAINTENANCE OF AN 5 UNMANNED WIRELESS COMMUNICATION FACILITY CONSISTING OF SIX (6) PANEL ANTENNAS MOUNTED TO 6 AN EXISTING SDG&E TRANSMISSION POLE AND A 287 SQUARE FOOT ABOVE GROUND EQUIPMENT SHELTER 7 WITHIN THE WEST BLUFF CONDOMINIUM ASSOCIATION PROPERTY. THE PROJECT SITE IS GENERALLY LOCATED 8 ALONG THE EAST SIDE OF EL CAMINO REAL BETWEEN 9 POINSETTIA LANE AND SWALLOW LANE WITHIN AN SDG&E UTILITY EASEMENT AND IN LOCAL FACILITIES 10 MANAGEMENT ZONE 6. CASE NAME: SDG&E STEEL POLE WCF 11 CASE NO: SUP 08-01 12 WHEREAS, Sprint PCS, "Developer," has filed a verified application with the 13 City of Carlsbad regarding property owned by West Bluff Condominium Association, 14 "Owner," described as 16 An undivided 100% interest in and to all that portion of lot 1 of Carlsbad Tract No. 79-28, in the City of Carlsbad, County 17 of San Diego, State of California, as shown on a map thereof No. 10067, files in the office of the San Diego County Recorder on April 20,1981, shown and defined as "common area" on the jp condominium plan recorded March 4, 1982 as instrument/file No. 82-059867, of official records of said County 20 21 ('the Property"); and 22 WHEREAS, said verified application constitutes a request for a Scenic Corridor 23 Special Use Permit as shown on Exhibits "A" - "J" dated March 19, 2008, on file in the 24 Planning Department, SDG&E STEEL POLE WCF - SUP 08-01, as provided by Chapter £* 3 2£ 21.40 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Scenic Corridor Special Use Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. 0 B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES SDG&E STEEL POLE WCF - SUP 08-01, based on the following findings and subject to the following conditions: 10 Findings: 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that 12 the project complies with the development standards of the El Camino Real Corridor Development Standards and that the proposed WCF equipment building 13 reflects an "Old California/Hispanic" architectural theme like design, conforms to the maximum 35 foot height limit, and is setback 235 feet from El Camino Real. 14 The project does not obscure scenic views or impair traffic safety along El Camino Real. Based on existing topographic conditions, proposed landscape screening and distance from El Camino Real, the proposed equipment building will be hardly 16 visible and have no adverse impact on the Scenic Corridor. 17 2. The proposed project implements the goals and objectives of the General Plan in that the proposed use is consistent with the General Plan in that the Residential Low Medium Land Use designation does not preclude the provision of Wireless I 9 Communication Facility (WCF) uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design and only minor alterations to 20 the existing site are proposed. 21 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions; 25 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 2y shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 PC RESO NO. 6406 -2- 2. This approval is granted subject to the approval of CUP 06-20 and is subject to all 2 conditions contained in Planning Commission Resolutions No. 6392 for this other approval incorporated herein by reference. 3 Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is <- to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of 6 Carlsbad has issued a Special Use Permit by Resolution No. 6406 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and 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 9 terminates said notice upon a showing of good cause by the Developer or successor in interest. 10 n NOTICE 12 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." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 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 16 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. 18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 19 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 fees/exactions of which you have previously been given a ~, NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 22 " 23 24 25 26 27 28 PC RESO NO. 6406 -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 March 19, 2008 by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 6406 -4-