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HomeMy WebLinkAbout1998-08-19; Planning Commission; Resolution 43601 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 il) (I PLANNING COMMISSION RESOLUTION NO. 4360 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A SATELLITE ANTENNAS UPON BUILDING 2 WITHIN THE LINCOLN NORTH POINTE PROJECT THAT IS GENERALLY LOCATED ALONG THE WEST SIDE OF EL CAMINO REAL TO THE SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: LINCOLN NORTH POINTE CASE NO.: CUP 98-08 WHEREAS, Lincoln Property Company, “Developer”, has filed a application with the City of Carlsbad regarding property owned by W9LNP Rea Limited Partnership, “Owner”, described as ANTENNA DISH FARM ON LOT 2 AND ROOF-MOUNTED Parcel 1 of Parcel Map No. 1110, in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof filed in the Office of the County Recorder of San Diego County, on November 10, 1972 as File No. 302114 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditi Permit as shown on Exhibit(s) “HH” - “KK” dated August 19, 1998, on file in the Planning Department, LINCOLN NORTH POINTE, CUP 98-08, as provided by 21.42 and 21.53 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of August l! a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Comltiission considered a relating to the CUP 98-08. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 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 a 0 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES LINCOLN NORTH POINTE, CUP 98-08, based following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the cow essentially in harmony with the various elements and objectives of the General 1 is not detrimental to existing uses specifically permitted in the zone in w proposed use is located, in that more than one satellite antenna is permitted i M Zone with the approval of a conditional use permit. The proposed antel directly associated with, and integral to the permitted ViaSat Inc. resea development use. The proposed antennas would be adequately screened fro from adjacent properties. 2. That the site for the intended use is adequate in size and shape to accommodate tl that the antennas will comply with all required development standards an roof-mounted upon a proposed building or ground-mounted and located 01 required setbacks. 3. That all the yards, setbacks, walls, fences, landscaping, and other features nec adjust the requested use to existing or permitted future uses in the neighborhooc provided and maintained, in that the ground mounted antennas are lo minimum of 750 feet west of El Camino Real and adequately buffered fro from El Camino Real and the Olympic Resort Hotel to the north by an eucalyptus grove and a proposed 6 foot tall chain link fence and evergreen t: shrubs and the proposed roof-mounted antennas will also be adequately a from views from El Camino Real and the Olympic Resort Hotel by a 9-14 building parapet. 4. That the street system serving the proposed use is adequate to properly handle 2 generated by the proposed use, in that the antennas are associated with a p research and development use (ViaSat Inc.) and will therefore not I additional vehicle trips . 5. The ground-mounted antennas comply with the required findings of 21.53.130(e)(l) of the Municipal Code in that: a) the Satellite antenna located in the rear northwest corner of lot 2, b) the antennas range from feet in height, c) no signage is proposed on the antennas, d) the antennas adequately screened from El Camino Real and the Olympic Resort Hott existing eucalyptus grove, a six foot tall chain link fence and evergreen shr trees, and e) the antenna farm will be located outside of the required park for building 2. I PC RES0 NO. 4360 -2- 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 0 0 6. The roof-mounted antennas comply with the required findings of 21.53.130(e)(2) of the Municipal Code in that: a) the antennas range fron: feet in height, b) the maximum permitted building height, including protrt 45 feet and the antennas do not extend above 41.5 feet in height, and c) 1 mounted antennas will be adequately screened from ground level vie1 building parapet which ranges from 9 to 14 feet in height. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Conditional Use Permit document(s) necessary to mi internally consistent and in conformity with final action on the project. Devi shall occur substantially as shown in the approved Exhibits. Any proposed devl different from this approval, shall require an amendment to this approval. 2. This Conditional Use Permit is granted. This Conditional Use Permit shall be 1 by the Planning Director on a yearly basis to determine if all conditions of thj have been met and that the use does not have a substantial negative effect on sur properties or the public health and welfare. If the Planning Director determine: use has such substantial negative effects, the Planning Director shall recommenc Planning Commission, after providing the permittee the opportunity to be he additional conditions to reduce or eliminate the substantial negative effects. Th may be revoked at any time after a public hearing, if it is found that the u substantial detrimental effect on surrounding land uses and the public’s he welfare, or the conditions imposed herein have not been met. 3. The Developer shall report, in writing, to the Planning Director within 30 d address change from that which is shown on the conditional use permit applicatic 4. Approval of CUP 98-08 is granted subject to the approval of SP 109(B)/CT 98. 98-O5/SUP 98-03RUD 98-01 and PIP 98-07. CUP 98-08 is subject to all cc contained in Planning Commission Resolution No. 4356 for the Tentative Mal conditions of approval for PIP 98-07. 5. This approval shall become null and void if a final map is not approved for thi within 24 months from the date of project approval. 6. Prior to the issuance of a certificate of occupancy for ViaSat building #2 (PI1 additional landscaping shall be planted along the east side of the ground-r satellite dish antenna farm to completely screen the antennas from views Camino Real. 7. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time, if any of such conditions fail t implemented and maintained according to their terms, the City shall have the PC RES0 NO. 4360 -3- ‘c 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 e 0 revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further condition all certificates of o( issued under the authority of approvals herein granted; institute and prosecute liti compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s ap this Conditional Use Permit. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conveI “fees/exa~tions.~’ You have 90 days from August 19, 1998 to protest imposition of these fees/exactions protest them, you must follow the protest procedure set forth in Government Code 66020(a), and file the protest and any other required information with the City Mar processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure ti follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e DOES NOT APPLY to water and sewer connection fees and capacity charges, nor J zoning, grading or other similar application processing or service fees in connection 1 project; NOR DOES IT APPLY to any fees/exactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously o expired. ... ... ... ... ..“ ... ... ... I PC RES0 NO. 4360 -4- 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 (I) (I, PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 19th day of August 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, h Nielsen, and Welshons NOES: ABSENT: Commissioner Savary ABSTAIN: ^.P BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4360 -5-