HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6966
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO ALLOW THE
INSTALLATION, OPERATION, AND MAINTENANCE OF AN
UNMANNED WIRELESS COMMUNICATION FACILITY
CONSISTING OF THREE (3) PANEL ANTENNAS MOUNTED
TO AN EXISTING SDG&E TRANSMISSION POLE AND A 240
SQUARE FOOT ABOVE GROUND EQUIPMENT SHELTER
WITHIN THE WEST BLUFF NORTH HOMEOWNERS
ASSOCIATION PROPERTY. THE PROJECT SITE IS
GENERALLY LOCATED ALONG THE EAST SIDE OF EL
CAMINO REAL BETWEEN POINSETTIA LANE AND
SWALLOW LANE WITHIN AN SDG&E UTILITY EASEMENT
AND IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: SDG&E STEEL POLE
CASE NO: SUP 12-02
WHEREAS, Sprint PCS, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by West Bluff North Homeowners Association,
“Owner,” described as
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
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
condominium plan recorded March 4, 1982 as instrument/file
No. 82-059867, of official records of said County
("the Property"); and
WHEREAS, said verified application constitutes a request for a Scenic Corridor
Special Use Permit as shown on Exhibits “A” – “N” dated May 1, 2013, on file in the Planning
Division, SDG&E STEEL POLE – SUP 12-02, as provided by Chapter 21.40 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on May 1, 2013 hold a duly noticed
public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6966
PC RESO NO. 6966 -2-
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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 Scenic Corridor 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 SDG&E STEEL POLE – SUP 12-02, based on the following
findings and subject to the following conditions:
Findings:
1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that
the project complies with the development standards of the El Camino Real
Corridor Development Standards and that the proposed WCF equipment building 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.
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
visible and have no adverse impact on the Scenic Corridor.
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
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
the existing site are proposed.
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
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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
PC RESO NO. 6966 -3-
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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 12-13 and is subject to all
conditions contained in Planning Commission Resolutions No. 6965 for those other
approvals 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Special Use Permit by Resolution No. 6966 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 City Planner 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 TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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.
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 1, 2013 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux and
Schumacher
Commissioners Montgomery, Scully and Segall
'-1\4-K.s~~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
PC RESO NO. 6966 -4-