HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 46980 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
PLANNING COMMISSION RESOLUTION NO. 4698
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A
TELECOMMUNINCATIONS FACILITY ON PROPERTY
LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 13
CASE NAME: AT&T WIRELESS/GRAND PACIFIC RE-
SORT
CASE NO.: CUP 99-18
WHEREAS, AT&T Wireless ServicedGrand Pacific Resort, “Developer”,
filed a verified application with the City of Carlsbad regarding property owned by Carlsk
Pacific Resort, LLC, a California Limited Liability Company , “Owner”, described as
Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort C.T. 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.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional 1
Permit as shown on Exhibits “A”-“F” dated January 19, 2000, on file in the Carlsbad Plann
Department, AT&T WIRELESS SERVICE/GRAND PACIFIC RESORT, CUP 99-18,
provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January 20
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testiml
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
’ relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
Commission of the City of Carlsbad as follows:
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
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES AT&T WIRELESS/GRAND PACIFIC RESORT, CUP 99-18,
based on the following findings and subject to the following conditions:
Findinm:
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposal:
A. Offers safety and convenience benefits to the public since it will improve and
expand the service provided by a mobile communications system;
B. Is consistent with General Plan objectives and Zoning Ordinance and Carlsbad
Ranch Specific Plan standards because:
1. it will not be generally visible to the surrounding area;
2. it is not precluded by the commercial land use designations of the
project site as they allow quasi-public utility uses with a conditional
use permit;
3. it will not interfere with the circulation, design, or operation of the
Palisades Resort or other existing uses nearby because it is installed in
a rooftop cupola; and
4. it is consistent with all applicable development standards.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the existing cupolas in which the antennae are proposed and the storage room in
which the equipment is proposed is adequate to accommodate all antennas and
equipment.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that only modifications to the cupola will be necessary to
enable facility installation that, when completed, will not change the cupola’s
appearance, size or location.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed unmanned use would require, on
average, only monthly maintenance.
5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the facility, including its
PC RES0 NO. 4698 -2-
~~
e a
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
I
antennas, would not interfere with the airport’s runway flight protection zones a
airport noise would not affect the project.
6. That the Planning Director has determined that the project belongs to a class of projt
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15301 (minor alteration
existing structures involving negligible or no expansion of use beyond t
previously existing) of the state CEQA Guidelines. In making this determination,
Planning Director has found that the exceptions listed in Section 15300.2 of the SI
CEQA Guidelines do not apply to this project.
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
implemented and maintained according to their terms, the City shall have the righl
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatior
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 approva
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correcti’
and modifications to the Conditional Use Permit documents, as necessary to make th
internally consistent and in conformity with the final action on the project. Developm
shall occur substantially as shown on the approved Exhibits. Any proposed developr
different from this approval, shall require an amendment to this approval.
~
3. The Developer shall comply with all applicable provisions of federal, state, and 1(
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the pap
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro.
are challenged, this approval shall be suspended as provided in Government Code Secl
66020. If any such condition is determined to be invalid this approval shall be inv,
unless the City Council determines that the project without the condition complies c
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 n
I pc RESO No. 4698 -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
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 fi-om 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 5
Plan reflecting the conditions approved by the final decision making body.
7. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly b:
to determine if all conditions of this 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,
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 substan
detrimental effect on surrounding land uses and the public’s health and welfare, or
conditions imposed herein have not been met. This permit may be extended fo
reasonable period of time not to exceed 10 years upon written application of the permi
made no less than 90 days prior to the expiration date. The Planning Commission r
not grant such extension, unless it finds that there are no substantial negative effects
surrounding land uses or the public’s health and welfare. If a substantial negative ef
on surrounding land uses or the public’s health and welfare is found, the extension SI
be denied or granted with conditions which will eliminate or substantially reduce s
effects. There is no limit to the number of extensions the Planning Commission r
grant.
9. The Developer/Operator shall comply with ANSVIEEE standards for EMF emissic
Within six (6) months after the issuance of occupancy, the Developer/Operator SI
submit a project implementation report which provides cumulative field measurement
radio frequency (EMF) power densities of all antennas installed at the subject site. ’
report shall quantify the EMF emissions and compare the results with currently accel
ANSI/IEEE standards. Said report shall be subject to review and approval by
Planning Director for consistency with the Project’s preliminary proposal report and
accepted ANSI/IEEE standards. If on review, the City finds that the Project does
meet ANSUIEEE standards, the City may revoke or modify this conditional use permi
10. Developer shall submit to the City a Notice of Restriction to be filed in the office of
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issue
Conditional Use Permit by Resolution No. 4698 on the real property owned by
Developer. Said Notice of Restriction shall note the property description, location of
file containing complete project details and all conditions of approval as well as
conditions or restrictions specified for inclusion in the Notice of Restriction.
Planning Director has the authority to execute and record an amendment to the no
which modifies or terminates said notice upon a showing of good cause by the Develc
or successor in interest.
PC RES0 NO. 4698 -4-
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
Code Reminders:
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Pol
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sect
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applica
Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All s1
taxeslfees shall be paid at issuance of building permit. If the taxedfees are not paid, 1
approval will not be consistent with the General Plan and shall become void.
12. This approval shall become null and void if building permits are not issued for i
project within 18 months from the date of project approval.
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
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fi
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
“feeslexactions.”
You have 90 days from 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 Seci
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 tirr
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 feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with
project; NOR DOES IT APPLY to any feeslexactions of which you have previously been gi
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
...
...
. ..
...
...
)I PC RES0 NO. 4698 -5-
0 e
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 19th day of January, 2000 by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
cjAj!,/&Lz+d
WILLIAM COMPAS, Chairpgrson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
11 PC RES0 NO. 4698 -6-