Loading...
HomeMy WebLinkAbout1999-12-01; Planning Commission; Resolution 4676II 0 0 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 4676 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TELECOMMUNICATION SWITCH CENTER ON PROPERTY LOCATED AT 2160 LAS PALMAS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: SPRINT PCS SWITCH CENTER CASE NO.: CUP 99-16 8 WHEREAS, Sprint PCS, “Developer”, has filed a verified application with 1 9 City OfCarlsbad regarding property owned by The Anglin Family Trust, UDT dated 01-31-1 10 “Owner”, described as 11 12 13 Lot 10 of Carlsbad Tract 79-01, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 9389, filed in the Office of the County Recorder of San Diego County, September 26,1979 14 Pennit as shown on Exhibit(s) “A” - “ D” dated December 1, 1999, on file in the Carlsb l6 WHEREAS, said verified application constitutes a request for a Conditional L 15 (“the Property”); and 17 18 Planning Department, SPRINT PCS SWITCH CENTER, CUP 99-16, as provided by Chap 21.42 of the Carlsbad Municipal Code; and 19 20 21 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, on the 1st day of December 19! 22 WHEREAS, at said public hearing, upon hearing and considering all testimo 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factc 24 25 26 27 relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commissi APPROVES SPRINT PCS SWITCH CENTER - CUP 99-16, based on 1 following findings and subject to the following conditions: Findinps: 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, a is not detrimental to existing uses specifically permitted in the zone in which t proposed use is located, in that the community benefits of wireless communicatio include improved telecommunications service for emergency services a1 individuals; the use is within an existing light industrial building and requires : significant changes to the site design or function, and the site’s Planned Industr land use 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 proposed improvements will be within the existing industrial building whi conforms to the development standards of the Planned Industrial zone without t. need of variances. 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 1 provided and maintained, in that the roof equipment is screened from view, tl outdoor equipment is screened by a masonry wall, and the emergency generator noise attenuated to not exceed 65 CNEL at the property line. 4. That the street system serving the proposed use is adequate to properly handle all traff generated by the proposed use, in that the streets were designed to handle the trafi generated by the proposed use. 5. The Planning Commission has reviewed each of the exactions imposed on the Develop1 contained in this resolution, and hereby finds, in this case, that the exactions are impose to mitigate impacts caused by or reasonably related to the project, and the extent and ti 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 belongs to a class of projec that the State Secretary for Resources has found do not have a significant impact on tl: environment, and it is therefore categorically exempt from the requirement for tl preparation of environmental documents pursuant to Section 15301, which exemp existing private structures or facilities involving negligible or no expansion beyon that previously existing, of the state CEQA Guidelines. In making this determinatio~ the Planning Director has found that the exceptions listed in Section 15300.2 of the star CEQA Guidelines do not apply to this project. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Loci Facilities Management Plan for Zone 5 and all City public facility policies an ordinances. The project includes elements or has been conditioned to construct ( provide funding to ensure that all facilities and improvements regarding: sewer collectio and treatment; water; drainage; circulation; fire; schools; parks and other recreation; ~ PC RES0 NO. 4676 -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 a 0 facilities; libraries; government administrative facilities; and open space, related to project will be installed to serve new development prior to or concurrent with need. 8. That this project could have a potentially significant negative cumulative traffic imp on the Palomar Airport Road/ El Camino Real intersection. However, this project I been conditioned to pay its fair share of the “short-term improvements” there guaranteeing implementation of a mitigation measure that reduces the potential impaci a level of insignificance. 9. The Planning Commission has reviewed each of the exactions imposed on the Develoi contained in this resolution, and hereby finds, in this case, that the exactions are impos to mitigate impacts caused by or reasonably related to the project, and the extent and I 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 buildi 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 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. P 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 correctio and modifications to the Conditional Use Permit documents, as necessary to make the internally consistent and in conformity with the final action on the project. Developme shall occur substantially as shown on the approved Exhibits. Any proposed developme different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and lo( ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payme of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proje are challenged, this approval shall be suspended as provided in Government Code Sectic 66020. If any such condition is determined to be invalid this approval shall be inval unless the City Council determines that the project without the condition complies wi all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend ar hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a] representatives, from and against any and all liabilities, losses, damages, demands, clain and costs, including court costs and attorney’s fees incurred by the City arising, direct PC RES0 NO. 4676 -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 0 or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, City’s approval or issuance of any permit or action, whether discretionary or n discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted here 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 Planning Director a reproducible 24” x 36”, rnl copy of the Site Plan reflecting the conditions approved by the final decision mak body. 7. This project shall comply with all conditions and mitigation measures which are requi as part of the Zone 5 Local Facilities Management Plan and any amendments made that Plan prior to the issuance of building permits. 8. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba to determine if all conditions of ths permit have been met and that the use does not h; a substantial negative effect on surrounding properties or the public health and welfare. the Planning Director determines that the use has such substantial negative effects, 1 Planning Director shall recommend that the Planning Commission, after providing 1 permittee the opportunity to be heard, add additional conditions to reduce or eliminate 1 substantial negative effects. 9. Prior to the issuance of the building permit, Developer shall submit to the City a Not] of Restriction to be filed in the office of the County Recorder, subject to the satisfactis of the Planning Director, notiwing all interested parties and successors in interest that t City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4676 on t real property owned by the Developer. Said Notice of Restriction shall note the propel description, location of the file containing complete project details and all conditions approval as well as any conditions or restrictions specified for inclusion in the Notice Restriction. The Planning Director has the authority to execute and record an amendmc to the notice which modifies or terminates said notice upon a showing of good cause the Developer or successor in interest. 10. The Developer shall pay his fair share for the “short-term improvements” to the Camino RealPalomar Airport Road intersection prior to the issuance of a buildil permit. The amount shall be determined by the methodology ultimately selected 1 Council, including but not limited to, an increase in the city-wide traffic impact fee; increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; incorporation into a Mello-Roos taxing district. 11. The Developer shall construct and install all landscaping as shown on the approvl Final Plans, and maintain all landscaping in a healthy and thriving condition, frc from weeds, trash, and debris. EngineerinP: 12. The developer shall comply with the requirements of the City’s anti-graffiti program fi wall treatments if and when such a program is formerly established by the City. ~ PC RES0 NO. 4676 -4- 0 0 1 2 13. The developer shall pay all current fees and deposits required. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 14. The owner of the subject property shall execute an agreement holding the City harm1 regarding drainage across the adjacent property. 15. The developer shall comply with the City's requirements of the National Pollul Discharge Elimination System (NPDES) permit. The developer shall provide b management practices as referenced in the "California Storm Water Best Managem Practices Handbook" to reduce surface pollutants to an acceptable level prior to discha: to sensitive areas. Plans for such improvements shall be approved by the City Engine Said plans shall include but not be limited to notifying prospective owners and tenants the following: All owners and tenants shall coordinate efforts to establish or work u established disposal programs to remove and properly dispose of toxic : hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor ( antifieeze, solvents, paints, paint thinners, wood preservatives, and other su fluids shall not be discharged into any street, public or private, or into storm dr; or storm water conveyance systems. Use and disposal of pesticides, fungicid herbicides, insecticides, fertilizers and other such chemical treatments shall mi Federal, State, County and City requirements as prescribed in their respectj containers. Best Management Practices shall be used to eliminate or reduce surface polluta~ when planning any changes to the landscaping and surface improvements. ~ 18 19 16. The developer shall install sidewalks along all public streets abutting the project conformance with City of Carlsbad Standards prior to occupancy of any buildings. 20 21 22 23 24 25 26 27 28 17. Five feet shall be dedicated by the owner along the project frontage based on a center li to right-of-way width of 36 feet and in conformance with City of Carlsbad Standards. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited the following code requirements: 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polil #17, the License Tax on new construction imposed by Carlsbad Municipal Code Sectic 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized 1 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicak Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All SUI taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, ti approval will not be consistent with the General Plan and shall become void. 11 PC RES0 NO. 4676 -5- 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 e 19. This approval shall become null and void if building permits are not issued for 1 project within 18 months from the date of project approval. 20. Approval of this request shall not excuse compliance with all applicable sections of Zoning Ordinance and all other applicable City ordinances in effect at time of build permit issuance, except as otherwise specifically provided herein. 2 1. All roof appurtenances, including air conditioners, shall be architecturally integrated i concealed from view and the sound buffered fiom adjacent properties and streets, substance as provided in Building Department Policy No. 80-6, to the satisfaction of Directors of Community Development and Planning. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fc dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days fiom date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 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 tim 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 feedexactions of which you have previously been gi\ a NOTICE similar to this, or as to which the statute of limitations has previously otherw expired. ... .. . ... .. . ... ... I *.. 1 ... I PC RES0 NO. 4676 -6- 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 l PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 1st day of December, 1999, by following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Segall, Trigas, and Welshons NOES: ABSENT: Commissioner Nielsen ABSTAIN: COURTNEY E.-airperson CARLSBAD PLANNING COMMISSION ATTEST: I Planning Director PC RES0 NO. 4676 -7-