HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 47691
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PLANNING COMMISSION RESOLUTION NO. 4769
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DIGITAL
MOBILE RADIO COM”NICATI0N ANTENNNSERVICE
SITE ON PROPERTY GENERALLY LOCATED AT 2180 LAS
PALMAS DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: NEXTEL SOUTH PALOMAR SITE
CASE NO.: CUP 99-20
WHEREAS, Nextel Communications, “Developer,” has filed a verif
application with the City of Carlsbad regarding property owned by Helder’s Revocable Tru
dtd 6/15/94, “Owner,” described as
Lot 11 of Tract No. 79-1, in Map No. 9389, filed in the Office of
the County Recorder of San Diego County, September 26,
1979.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional I
Permit as shown on Exhibits “A” - “D” dated May 3, 2000, on file in the Carlsbad Plann:
Department, NEXTEL SOUTH PALOMAR SITE, CUP 99-20, as provided by Chapter 21
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of May, 2000, hol
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann:
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commiss:
APPROVES NEXTEL SOUTH PALOMAR SITE, CUP 99-20, based on
following findings and subject to the following conditions:
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 community benefits of wireless communicatic
include improved telecommunications service for emergency services a
individuals; the use is integrated into the existing office building and requires
significant changes to the site design or function; and the site’s planned indust]
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 antennas would be mounted on the existing building’s roof and
equipment room will be located within the existing buildings square footage anc
consistent with all planned industrial development standards.
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 antenna screening enclosure will be painted
match the existing building to reduce its visibility to the greatest extent possible a
the equipment room will be located within the existing square footage of the ofi
building.
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 use would not generate additio
vehicle trips beyond that necessary for regular maintenance.
5. The Planning Commission has reviewed each of the exactions imposed on the Develo
contained in this resolution, and hereby finds, in this case, that the exactions are imp0
to mitigate impacts caused by or reasonably related to the project, and the extent and
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 projc
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt fiom the requirement for
preparation of environmental documents pursuant to Section 15301, which exem
existing private structures or facilities involving negligible or no expansion bey(
that previously existing, of the state CEQA Guidelines. In making this determinati
the Planning Director has found that the exceptions listed in Section 15300.2 of the s’
CEQA Guidelines do not apply to this project. and will not have any adverse signific
impact on the environment.
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* ’ Conditions:
2 11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build!
3 11 permit issuance.
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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 modi@ all approvals herein granted; deny or further condition issuance of
fiture building permits; deny, revoke or fwther condition all certificates of occupar
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.
10 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 thi
different from ths approval, shall require an amendment to this approval.
shall occur substantially as shown on the approved Exhibits. Any proposed developmc
11 internally consistent and in conformity with the final action on the project. Developml.
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14 ordinances in effect at the time of building permit issuance.
3. The Developer shall comply with all applicable provisions of federal, state, and lot
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4. If any condition for construction of any public improvements or facilities, or the paymt
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projc
are challenged, this approval shall be suspended as provided in Government Code Secti
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a]
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a1
representatives, from and against any and all liabilities, losses, damages, demands, clair
and costs, including court costs and attorney’s fees incurred by the City arising, direcl
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 no
discretionary, in connection with the use contemplated herein, and (
Developer/Operator’s installation and operation of the facility permitted here1
including without limitation, any and all liabilities arising from the emission by t
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 Si
Plan reflecting the conditions approved by the final decision making body.
7. This project shall comply with all conditions and mitigation measures which are requirl
as part of the Zone 5 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
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8. 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 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.
9. 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 substanl
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
permittee made no less than 90 days prior to the expiration date. The Plann:
Commission may not grant such extension, unless it finds that there are no substani
negative effects on surrounding land uses or the public’s health and welfare. I.
substantial negative effect on surrounding land uses or the public’s health and welfarc
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
Planning Commission may grant.
10. The Developer/Operator shall comply with ANSUIEEE standards for EMF emissio
Within six (6) months after the issuance of occupancy, the Developer/Operator sf
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
ANSUIEEE 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 1
meet ANSIAEEE standards, the City may revoke or modify this conditional use permit.
11. 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, notifylng
interested parties and successors in interest that the City of Carlsbad has issuec
Conditional Use Permit by Resolution No.4769 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. ’I
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.
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Code Reminders:
12. 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 2 1.90. All SI
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taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, f
approval will not be consistent with the General Plan and shall become void.
13. This approval shall become null and void if building permits are not issued for t
project within 18 months f?om the date of project approval.
14. Approval of this request shall not excuse compliance with all applicable sections of 1
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fel
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 1
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timt
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 feedexactio:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin
zoning, grading or other similar application processing or service fees in connection with t2:
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been givc
a NOTICE similar to this, or as to which the statute of limitations has previously othenvi
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 3rd day of May, 2000, by 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Segall, Baker, L’Heweux,
Trigas and Heineman
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING OMM MISSION
ATTEST:
Planning Director
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