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
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City of Carlsbad regarding property owned by West Bluff Condominium Association,
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"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
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21 ('the Property"); and
22 WHEREAS, said verified application constitutes a request for a Scenic Corridor
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Special Use Permit as shown on Exhibits "A" - "J" dated March 19, 2008, on file in the
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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
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relating to the Scenic Corridor Special Use Permit.
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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.
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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.
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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.
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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.
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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.
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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.
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PC RESO NO. 6406 -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 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-