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Home My WebLink About2010-09-01; Planning Commission; Resolution 67231 PLANNING COMMISSION RESOLUTION NO. 6723 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT AMENDMENT TO 4 ALLOW CLEAR WIRELESS TO CONSOLIDATE 6 OF 9 5 EXISTING SPRINT/NEXTEL ANTENNAS TO 3 SPRINT/NEXTEL IDEN ANTENNAS AND TO ADD 3 NEW 6 CLEAR WIRELESS WIMAX ANTENNAS, 3 DAP HEAD UNITS AND 3 DIRECTIONAL ANTENNAS FOR A TOTAL OF 12 7 ANTENNAS MOUNTED ON AN EXISTING 32 FOOT TALL MONO-PALM AND FOR THE ADDITION OF ONE CLEAR 8 WIRELESS RACK WITHIN AN EXISTING EQUIPMENT 9 SHELTER LOCATED AT 4901 EL CAMINO REAL IN THE R- A-10,000 AND C-2-Q/C-2 ZONES AND IN LOCAL FACILITIES 10 MANAGEMENT ZONE 1. CASE NAME: CA-SDG5657- MARJA ACRES 11 CASE NO: SUP 00-11 (A) 12 WHEREAS, Clear Wireless, LLC, "Developer," has filed a verified application 13 with the City of Carlsbad regarding property owned by Mr. and Mrs. Jay Hoffman, "Owners," 14 described as 16 Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31,1975, in the 17 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 i n shown on Parcel Map filed on page 3451 of Parcel Maps on January 31,1975, under file No. 75-023997 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Scenic Corridor £,£* 23 Special Use Permit Amendment as shown on Exhibits "A" - "G" dated September 1, 2010, on 24 file in the Planning Department, CA-SDG5667 MARJA ACRES - SUP 00-11(A), as provided 9^by Chapter 21.40 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did on September 1, 2010 hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 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 Amendment; and 4 5 WHEREAS, on April 4, 2001, the Planning Commission approved SUP 00-11, 6 as described and conditioned in Planning Commission Resolution No. 4930. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES CA-SDG5667 MARJA ACRES - SUP 00-11(A), based on the 12 following findings and subject to the following conditions which shall supersede any pervious conditions: 13 Findings: 14 . 1: The proposed project conforms to the intent of the Scenic Preservation Overlay in that the new Clear Wireless WCF antennas and modified Sprint/Nextel antennas on an 16 existing Sprint/Nextel 32-foot tall mono-palm, is approximately 300 feet in distance from the El Camino Real corridor; exhibits stealth design by painting the antennas 17 green and concealing the antennas within existing and proposed new palm fronds; and is blended into the natural "rural" settings with existing palm trees of varying heights surrounding the stealth facility, therefore preserving the quality of views jo along the route both to the natural and man-made environments. 20 2. The proposed project implements the goals and objectives of the General Plan in that the proposed project is necessary and desirable for the development of the community 21 because of the benefit and demand for digital communications and data ~~ transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City. The project site is located within the L (Local 23 Shopping Center) and RLM (Residential Low Medium) General Plan Land Use designations which do not preclude the provision of Wireless Communication 24 Facility (WCF) uses. Additionally, the project will provide a stealth design by painting the antennas green and keeping the proposed antennas similar in size to the existing antennas and proposing additional palm fronds to better conceal both 26 existing and proposed antennas. Therefore, the improved stealth design complies with the General Plan objectives that seek to maintain and enhance Carlsbad's 27 appearance. 2° 3. 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 PC RESO NO. 6723 -2- environment, and it is therefore categorically exempt from the requirement for the 2 preparation of environmental documents pursuant to Sections 15301(e) "Additions to Existing Facilities" of the state CEQA Guidelines. In making this determination, the 3 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.4 4. 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 5 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions:8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 10 1. Staff is authorized and directed to make, or require Developer to make, all corrections 11 and modifications to the Special Use Permit Amendment 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 another amendment to this approval. 14 2. This approval is granted subject to the approval of CDP 00-58(A) and CUP 00-32xl(A) 15 and is subject to all conditions contained in Planning Commission Resolutions No. 6722 and 6724 for those other approvals incorporated herein by reference.16 Prior to the issuance of the building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 18 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 Carlsbad has issued a(n) Special Use Permit Amendment by Resolution(s) No. 6723 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 21 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 22 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24 25 26 27 28 PC RESO NO. 6723 -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 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 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 1, 2010 by the following vote, to wit: AYES: NOES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher ABSENT: Chairperson Douglas ABSTAIN: STEPHEN "HAP" L'HEUREUX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6723 -4-