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HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4510# 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ENHANCED SPECIALIZED MOBILE RADIO COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED AT 2470 IMPALA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: NEXTEL COMMUNICATIONS CASE NO.: CUP 98-17 WHEREAS, Nextel of California, “Developer”, has filed a verified a1 with the City of Carlsbad regarding property owned by Penton Family Trust, described as Parcel 1 of Parcel Map No. 15247 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, May 25, 1988 as File No. 88-247094 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Condit Permit as shown on Exhibit(s) “A” - “E”, dated March 17, 1999, on file in the Planning Department, NEXTEL COMMUNICATIONS CUP 98-17, as provided b! 21.42 andor 21.50 (of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of March 1 a duly noticed public, hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 4B 0 B) That based on the evidence presented at the public hearing, the COI APPROVES NEXTEL COMMUNICATIONS CUP 98-17, basec following findings and subject to the following conditions: Findinys: 1. That the requested use is necessary or desirable for the development of the comI essentially in harmony with the various elements and objectives of the General is not detrimental to existing uses specifically permitted in the zone in P proposed use is located, in that the benefits to the community of communications include improved telecommunications service for er services and individuals. The communications facility is consistent with the Industrial General Plan designation which does not preclude the provision public utility uses. The use requires no significant change to the existing si or function, and the communications facility is integrated into the existing i: building and site to avoid impacting surrounding development. 2. That the site for the intended use is adequate in size and shape to accommodate t that the antenna and enclosure would be mounted on the roof of the building and the equipment structure would be located within an existing 1; planter. 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 neighborhoc provided and maintained, in that the roof mounted antenna would be screen architecturally compatible enclosure located in the center of the roof visibility and existing landscaping would screen the equipment structure IC the ground. 4. That the street system serving the proposed use is adequate to properly handle generated by the proposed use, in that no additional traffic would be generatc use. 5. That the Planning Director has determined that the project is exempt requirements of the California Environmental Quality Act (CEQA) per Section the state CEQA Guidelines and will not have any adverse significant impa environment. ~ Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all c( and modifications to the Conditional Use Permit document(s) necessary to m internally consistent and in conformity with final action on the project. De\ shall occur substantially as shown in the approved Exhbits. Any proposed de$ different from this approval, shall require an amendment to this approval. PC RES0 NO. 45 10 -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 2. This Conditional Use Permit is granted for a period of ten years. This Conditi Permit shall be reviewed by the Planning Director on a yearly basis to detem conditions of this permit have been met and that the use does not have a SI negative effect on surrounding properties or the public health and welfare Planning Director determines that the use has such substantial negative ef Planning Director shall recommend that the Planning Commission, after prov permittee the opportunity to be heard, add additional conditions to reduce or elin substantial negative effects. This permit may be revoked at any time after hearing, if it is found that the use has a substantial detrimental effect on surroun uses and the public’s health and welfare, or the conditions imposed herein have met. This permit may be extended for a reasonable period of time not to exceed upon written application of the permittee made no less than 90 days pric expiration date. The Planning Commission may not grant such extension, unles that there are no substantial negative effects on surrounding land uses or the health and welfare, If a substantial negative effect on surrounding land us( public’s health and welfare is found, the extension shall be denied or grar conditions which will eliminate or substantially reduce such effects. There is nl the number of extensions the Planning Commission may grant. 3. The roof enclosure shall be designed, textured, painted and maintained to JI existing structure for the life of the conditional use. 4. Prior to the issuance of building permits, Developer shall submit to the City a : Restriction to be filed in the office of the County Recorder, subject to the satisf the Planning Director, notifying all interested parties and successors in interest City of Carlsbad has issued a Conditional Use Permit by Resolution No. 451 real property owned by the Developer. Said Notice of Restriction shall note the description, location of the file containing complete project details and all cond approval as well as any conditions or restrictions specified for inclusion in the 1 Restriction. The Planning Director has the authority to execute and record an am to the notice which modifies or terminates said notice upon a showing of good the Developer or successor in interest. 5. The Developer/Owner shall and does hereby agree to indemnify, protect, def hold harmless the City of Carlsbad, its Council members, officers, employees, ag representatives, from and against any and all liabilities, losses, damages, demand and costs, including court costs and attorney’s fees incurred by the City arising, or indirectly, from (a) City’s approval and issuance of this Conditional Use Pe City’s approval or issuance of any permit or action, whether discretionary discretionary, in connection with the use contemplated herein; 2 Developer/Operator’s installation and operation of the facility permitted including without limitation, any and all liabilities arising fi-om the emissiol facility of electromagnetic fields or other energy waves or emissions. 6. 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 applicatio PC RES0 NO. 45 10 -3- 0 0 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 7. The Developer/Operator shall comply with ANSVIEEE standards for EMF e Within six (6) months after the issuance of occupancy, the Developer/Oper; submit a project implementation report which provides cumulative field measur( radio frequency (EMF) power densities of all antennas installed at the subject report shall quantify the EMF emissions and compare the results with currently ANSUIEEE standards. Said report shall be subject to review and approva Planning Director for consistency with the Project’s preliminary proposal repor accepted ANSUIEEE standards. If on review, the City finds that the Project meet ANSILEEE standards, the City may revoke or modify this conditional use I 8. The Developer shall comply with all applicable provisions of federal, state, i ordinances in effect at the time of building permit issuance. 9. If any of the foregoing conditions fail to occur; or if they are, by their ten: implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or fwther 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 viola vested rights are gained by Developer or a successor in interest by the City’s ap: this conditional use permit. Code Reminders: 10. This approval shall become null and void if building permits are not issued project within 18 months from the date of project approval. 11. Approval of this request shall not excuse compliance with all applicable sectior Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. 12. All roof appurtenances, including air conditions, shall be architecturally integr. concealed from view and the sound buffered from adjacent properties and st substance as provided in Building Department Policy No. 80-6, to the satisfactic Directors of Community Development and Planning. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conven “fees/exactions.” You have 90 days from March 17, 1999 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 Man; processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc PC RES0 NO. 4510 -4- t _- @ 1 annul their imposition. 2 follow that procedure will bar any subsequent legal action to attack, review, set aside t _- @ 1 annul their imposition. 2 follow that procedure will bar any subsequent legal action to attack, review, set aside 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously bc a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 17th day of March, 19! following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L'Heure Nielsen, Noble, Savary, and Welshons NOES: ABSENT: .. . .._ , .. . '>.,Y ~. , COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. WLZI~~LER Planning Director I , PC RES0 NO. 4510 -5-