HomeMy WebLinkAbout1999-12-01; Planning Commission; Resolution 4697II 0 *
1 /I PLANNING COMMISSION RESOLUTION NO. 4697
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A PERSONAL
COMMUNICATIONS SERVICE (PCS) FACILITY ON
PROPERTY LOCATED AT 5805 ARMADA DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 13
CASENAME: PAC BELL WIRELESS / GRAND PACIFIC
CASE NO. : CUP 99-13
RESORT
8 II WHEREAS, Pacific Bell Wireless, “Developer”, has filed a verified applicati
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with the City of Carlsbad regarding property owned by Carlsbad Pacific Resort, LLC:
California Limited Liability Company , “Owner”, described as
Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort CT 96-
01, according to Map No. 13719, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County on February 3,
1999.
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional 1
17 11 Permit as shown on Exhibit(s) “A”-“E” dated December 1, 1999, on file in the Carls 18
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Planning Department, PAC BELL WIRELESS - GRAND PACIFIC RESORT, CUP 99-
as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 1st day of December 15
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WHEREAS, at said public hearing, upon hearing and considering all testirr 23
hold a duly noticed public hearing as prescribed by law to consider said request; and
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
25 11 relating to the CUP. 26
27 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
II e a
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B) That based on the evidence presented at the public hearing, the Commissil
APPROVES PAC BELLWIRELESSIGRAND PACIFIC RESORT, CUP 9
13, based on the following findings and subject to the following conditions:
Findins:
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 proposal:
A. Offers safety and convenience benefits to the public since it will improve a
~ expand the service provided by a mobile communications system;
B. Is consistent with General Plan objectives and Zoning Ordinance a
Carlsbad Ranch Specific Plan standards because:
1. it will not be visible to the Palisades Resort and surrounding area;
2. it is not precluded by the commercial land use designations of 1
project site as they allow quasi-public utility uses with a conditio]
use permit;
3. it will not interfere with the circulation, design, or operation of 1
Palisades Resort or other existing uses nearby because it is installed
a rooftop cupola and;
4. it is consistent with all applicable development standards.
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17 accommodate all antennas and equipment.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that the existing cupola in which the PCS facility is proposed is adequate
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessaq
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that only modifications to the cupola will be necessarj
enable facility installation that, when completed, will not change the cup01
appearance, size, or location.
4. That the street system serving the proposed use is adequate to properly handle all tra
generated by the proposed use, in that the proposed unmanned use would require
average only monthly maintenance.
5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that the facility, including
antennas, would not interfere with the airport’s runway flight protection zones
airport noise would not affect the project.
27 6. That the Planning Director has determined that the project belongs to a class of proj
that the State Secretary for Resources has found do not have a significant impact on
28 environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15301 (minor alteratio
existing structures involving negligible or no expansion of use beyond
PC RES0 NO. 4697 -2-
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previously existing) of the state CEQA Guidelines. In making this determination, tl
Planning Director has found that the exceptions listed in Section 15300.2 of the sta
CEQA Guidelines do not apply to this project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildil
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 I
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. :
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 thl
internally consistent and in conformity with the final action on the project. Developml
shall occur substantially as shown on the approved Exhibits. Any proposed developml
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 paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect:
66020. If any such condition is determined to be invalid this approval shall be inve
unless the City Council determines that the project without the condition complies m
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, cla
and costs, including court costs and attorney’s fees incurred by the City arising, dire
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 r
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted hen
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 1
Plan reflecting the conditions approved by the final decision making body.
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7. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba
to determine if all conditions of this permit have been met and that the use does not hi
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, .
Planning Director shall recommend that the Planning Commission, after providing
permittee the opportunity to be heard, add additional conditions to reduce or eliminate
substantial negative effects.
8. 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 substanr
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. If
substantial negative effect on surrounding land uses or the public’s health and welfare
found, the extension shall be denied or granted with conditions which will eliminate
substantially reduce such effects. There is no limit to the number of extensions t
Planning Commission may grant.
9. The Developer/Operator 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 accept1
ANSIIIEEE 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 ANSI/IEEE standards. If on review, the City finds that the Project does n
meet ANSIAEEE standards, the City may revoke or modify this conditional use permit.
10. 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
Conditional Use Permit by Resolution No. 4697 on the real property owned by t
Developer. Said Notice of Restriction shall note the property description, location oft
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. T,
Planning Director has the authority to execute and record an amendment to the notil
which modifies or terminates said notice upon a showing of good cause by the Develop
or successor in interest.
Code Reminders:
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polic
#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 applicab
Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All SUI
PC RES0 NO. 4697 -4-
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I taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, t
approval will not be consistent with the General Plan and shall become void.
3 12. This approval shall become null and void if building permits are not issued for t
project within 18 months from the date of project approval. 4
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6 permit issuance, except as otherwise specifically provided herein.
13. 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
7 NOTICE
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Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter 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 timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
14 II annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio l5 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
16 zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
17 a NOTICE similar to this, or as to which the statute of limitations has previously othenvi
l8 I1 expired.
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* II)
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:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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