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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-