HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 47501
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PLANNING COMMISSION RESOLUTION NO. 4750
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A PCS FACILITY
ON PROPERTY GENERALLY LOCATED AT 7412 CADENCIA
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NO.: CUP 99-1 1
WHEREAS, Pacific Bell Wireless, “Developer”, has filed a verified applicat
with the City of Carlsbad regarding property owned by Larry and Jeannette Ygle!
“Owners”, described as
CASE NAME: SD 369-02 TELECOM FACILITY
Lot 475 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 7950, filed in the office of the
County Recorder of San Diego County, June 3,1974.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional 1
Permit as shown on Exhibits “A” - “D” dated April 5, 2000, on file in the Carlsbad Plann
Department, SD 369-02 TELECOM FACILITY - CUP 99-11, as provided by Chapter 21
and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of April, 2000, ho!
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim,
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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commis:
APPROVES SD 369-02 TELECOM FACILITY - CUP 99-11, based on
following findings and subject to the following conditions:
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Findings:
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, ;
is not detrimental to existing uses specifically permitted in the zone in which
proposed use is located, in that the General Plan recognizes that these types of facili
are necessary and essential to the infiastructural support of urban land uses. Pacific E
Wireless indicates that the proposed PCS facility’s calculated worst case radio fiequel
power density is well below the FCC standard; therefore, the project would not
detrimental in that it would not have a significant adverse impact on public health. ‘
proposed panel antennas and accessory equipment would not be aesthetically detrime~
since they are housed within a faux chimney on the roof of a residential structure
within wall mounted cabinets painted to match the exterior of the structure, and
therefore blended into the existing architecture.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that no alteration of the residential lot would be required beyond the exist
improvements.
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 the PCS antennas will be housed within a fi
chimney on the roof of the structure and within wall mounted cabinets along
northern exterior of the structure.
4. That the street system serving the proposed use is adequate to properly handle all tra
generated by the proposed use, in that the project would generate only one trip per mo
for maintenance.
5. The Planning Commission has reviewed each of the exactions imposed on
Developer contained in this resolution, and hereby finds, in this case, that
exactions are imposed to mitigate impacts caused by or reasonably related to
project, and the extent and the degree of the exaction is in rough proportionalit!
the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build
permit.
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 righ
revoke or modi@ all approvals herein granted; deny or further condition issuance oj
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio
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.
PC RES0 NO. 4750 -2-
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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 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 developm
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
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 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 inv:
unless the City Council determines that the project without the condition complies u
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend i
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, i
representatives, from and against any and all liabilities, losses, damages, demands, claj
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
discretionary, in connection with the use contemplated herein, and
DeveloperQerator’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.
The Developer shall submit to the Planning Department a reproducible 24” x 3
mylar copy of the Site Plan reflecting the conditions approved by the final decis
making body.
This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 6 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
This Conditional Use Permit is granted for a period of 5 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 fa
reasonable period of time not to exceed 5 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.
PC RES0 NO. 4750 -3-
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9. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissio
Within six (6) months after the issuance of occupancy, the Developer/Operator SI
submit a project implementation report which provides cumulative field measurements
radio frequency (EMF) power densities of all antennas installed at the subject site. 1
report shall quantify the EMF emissions and compare the results with currently accep
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 ANSIAEEE standards. If on review, the City finds that the Project does :
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 of 1
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. 4749 on the real property owned by 1
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. 1
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.
11. The faux chimney shall be integrated into the architectural design using identi1
building materials and colors as the other chimneys existing on the roof of 1
structure and shall be no higher than 4’8” from roof line.
Code Reminders:
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Poli
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Secti
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 applicat
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All su
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, tl
approval will not be consistent with the General Plan and shall become void.
21 13. Approval of this request shall not excuse compliance with all applicable sections of t
22 Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
permit issuance, except as otherwise specifically provided herein. 23
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Please take NOTICE that approval of your project includes the “imposition” of fet 25
NOTICE
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
27 You have 90 days from date of final approval to protest imposition of these feedexactions.
28 you protest them, you must follow the protest procedure set forth in Government Code Sectil
PC RES0 NO. 4750 -4-
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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 planni
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 gil
a NOTICE similar to this, or as to which the statute of limitations has previously othem
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segal
and Trigas
NOES:
ABSENT: Commissioners Heineman and Baker
ABSTAIN:
Lk!L d&&d
WILLIAM COMPAS, Chairperso6
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4750 -5-