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HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 46541 2 3 4 5 6 7 8 0 0 PLANNING COMMISSION RESOLUTION NO. 4654 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PERSONAL COMMUNICATION SERVICE FACILITY ON PROPERTY GENERALLY LOCATED AT 1966 OLIVENHAIN ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NAME: OLIVENHAIN PCS CASE NO.: CUP 99-02 WHEREAS, Cox Communications PCS, L.P., “Developer”, has filed a verif I 9 application with the City of Carlsbad regarding property owned by Olivenhain Munici] 10 Water District, “Owner”, described as 11 12 13 That portion of Lot 10 of the subdivision of the Rancho Los Encinitas, in the County of San Diego, State of California, according to map thereof No.843, filed in the Office of the County Recorder of San Diego County, June 27,1893 14 15 (“the Property”); and l6 WHEREAS, said verified application constitutes a request for a Conditional I Permit as shown on Exhibit(s) “A”- “I” dated November 3, 1999, on file in the Carlsl l7 11 Planning Department, OLIVENHAIN PCS, CUP 99-02, as provided by Chapter 21.42 and 18 II 11 21.50 of the Carlsbad Municipal Code; and 19 20 2 1 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, on the 3rd day of November, 19 22 WHEREAS, at said public hearing, upon hearing and considering all testimc 23 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all facl relating to the CUP. 25 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr 27 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. e 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 B) That based on the evidence presented at the public hearing, the Commissi APPROVES OLIVENHAIN PCS, CUP 99-02, based on the following findir and subject to the following conditions: Findinm: - 1. That the requested use is necessary or desirable for the development of the community essentially in harmony with the various elements and objectives of the General Plan, 2 is not detrimental to existing uses specifically permitted in the zone in which ‘ proposed use is located, in that the community benefits of wireless communicatic include improved telecommunications service for emergency services a individuals; the use is integrated into the existing office building and requires significant changes to the site design or function; and, the site’s office land 1 designation does not preclude the provision of quasi-public utility uses. 2. That the site for the intended use is adequate in size and shape to accommodate the use: that the antenna would be mounted on the existing building’s northeast elevati and on an added architectural roof element, and the equipment enclosure is local adjacent to the structure within the buildable envelope and is consistent with 1 office development standards. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary adjust the requested use to existing or permitted future uses in the neighborhood will provided and maintained, in that the architectural roof element and wall mounl antennas are painted to match the existing building facade to reduce their visibil to the greatest extent possible and the ground mounted equipment cabinets wo1 be enclosed by a stucco wrapped wood fence painted to match the existing buildin 4. That the street system serving the proposed use is adequate to properly handle all tral generated by the proposed use, in that the proposed use would not generate additiol vehicle trips beyond that necessary for occasional maintenance. 5. The Planning Commission has reviewed each of the exactions imposed on the Develo contained in this resolution, and hereby finds, in this case, that the exactions are imp0 to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. 6. That the Planning Director has determined that the project is exempt from requirements of the California Environmental Quality Act (CEQA) per Section 15302 the state CEQA Guidelines and will not have any adverse significant impact on environment. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build permit issuance. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be PC RES0 NO. 4654 -2- 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 implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupan issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. 1 vested rights are gained by Developer or a successor in interest by the City’s approval this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Conditional Use Permit documents, as necessary to make tht internally consistent and in conformity with the final action on the project. Developmt shall occur substantially as shown on the approved Exhibits. Any proposed developmt different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and 101 ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the paymc of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projl are challenged, ths approval shall be suspended as provided in Government Code Secti 66020. If any such condition is determined to be invalid this approval shall be inva unless the City Council determines that the project without the condition complies w all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a representatives, from and against any and all liabilities, losses, damages, demands, clail and costs, including court costs and attorney’s fees incurred by the City arising, direc or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, 1 City’s approval or issuance of any permit or action, whether discretionary or nc discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted here1 including without limitation, any and all liabilities arising from the emission by facility of electromagnetic fields or other energy waves or emissions. 6. The Developer shall submit to the City a reproducible 24” x 36”, mylar copy of the S Plan reflecting the conditions approved by the final decision making body. 7. This project shall comply with all conditions and mitigation measures which are requi as part of the Zone 11 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. a. This Conditional Use Permit shall be reviewed by the Planning Director on a yea basis to determine if all conditions of this permit have been met and that the use dl not have a substantial negative effect on surrounding properties or the public he2 and welfare. If the Planning Director determines that the use has such substan negative effects, the Planning Director shall recommend that the Plann Commission, after providing the permittee the opportunity to be heard, add additio conditions to reduce or eliminate the substantial negative effects. 11 PC RES0 NO. 4654 -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 0 b. This Conditional Use Permit is granted for a period of 10 years. This permit may revoked at any time after a public hearing, if it is found that the use has a substant detrimental effect on surrounding land uses and the public’s health and welfare, or t conditions imposed herein have not been met. This permit may be extended for reasonable period of time not to exceed 10 years upon written application of t permittee made no less than 90 days prior to the expiration date. The Planni Commission may not grant such extension, unless it finds that there are no substant negative effects on surrounding land uses or the public’s health and welfare. I1 substantial negative effect on surrounding land uses or the public’s health and welfi is found, the extension shall be denied or granted with conditions which m eliminate or substantially reduce such effects. There is no limit to the number extensions the Planning Commission may grant. 8. The DeveloperDperator shall comply with ANSUIEEE standards for EMF emissiol Within six (6) months after the issuance of occupancy, the Developer/Operator sh submit a project implementation report which provides cumulative field measurements radio frequency (EMF) power densities of all antennas installed at the subject site. T report shall quantify the EMF emissions and compare the results with currently accept ANSI/IEEE standards. Said report shall be subject to review and approval by t Planning Director for consistency with the Project’s preliminary proposal report and t accepted ANSUIEEE standards. If on review, the City finds that the Project does r meet ANSUIEEE standards, the City may revoke or modify this conditional use permit. 9. Developer shall submit to the City a Notice of Restriction to be filed in the office oft County Recorder, subject to the satisfaction of the Planning Director, notifying interested parties and successors in interest that the City of Carlsbad has issued a( Conditional Use Permit by Resolution(s) No. 4645 on the real property owned by t Developer. Said Notice of Restriction shall note the property description, location of 1 file containing complete project details and all conditions of approval as well as a conditions or restrictions specified for inclusion in the Notice of Restriction. ‘I Planning Director has the authority to execute and record an amendment to the not: which modifies or terminates said notice upon a showing of good cause by the Develo] or successor in interest. Enpineering: 10. The developer shall pay all current fees and deposits required. 11. The Base Transceiver Station (BTS) equipment shall not be constructed on any easem, without the easement holder’s permission. 12. The BTS equipment shall not be constructed in any drainage area or over any drain: structure. Code Reminders: 13. Developer shall pay the License Tax on new construction imposed by Carlsbad Munici Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Put PC RES0 NO. 4654 -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 0 8 Facilities Fee imposed by City Council Policy #17, subject to any credits authorized Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applical Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All su taxesifees shall be paid at issuance of building permit. If the taxedfees and not paid, tl approval will not be consistent with the General Plan and shall become void. 14. This approval shall become null and void if building permits are not issued for tl project within 18 months from the date of project approval. 15. Approval of this request shall not excuse compliance with all applicable sections of t Zoning Ordinance and all other applicable City ordinances in effect at time of buildi permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafier collectively referred to for convenience “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Secti 66020(a), and file the protest and any other required information with the City Manager : processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timt follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil zoning, grading or other similar application processing or service fees in connection with t: project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil a NOTICE similar to this, or as to which the statute of limitations has previously othenv expired. ... ... ... . .. .. . ... I ~ *.. PC RES0 NO. 4654 -5- 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni: Commission of the City of Carlsbad, California, held on the 3rd day of November, 1999, by t following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L”Heurei Segall, Trigas, Welshons and Nielsen NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: ~ I MICHAEL J. H~LZWLER Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 4654 -6-