HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 46541
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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
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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
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(“the Property”); and
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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
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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
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and arguments, if any, of all persons desiring to be heard, said Commission considered all facl
relating to the CUP.
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26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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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
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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-
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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
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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.
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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
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