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HomeMy WebLinkAbout2000-10-04; Planning Commission; Resolution 48431 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. 4843 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW A TELECOMMUNICATIONS ANTENNA FACILITY ON PROPERTY GENERALLY LOCATED AT 5823 NEWTON DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: AT&T WIRELESS - NEWTON CASE NO.: CDP 00-39 WHEREAS, GTE Wireless, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Cabot Industrial Properties, LP, “Owner”, described as That portion of Lot “F” of Ran&o Agna Hedionda, in the City of Cat&bad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “G” dated October 4, 2000, on tile in the Planning Department, AT&T WIRELESS - NEWTON, CDP 00-39, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of October 2000, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. c ; 8 ‘ l( 11 12 13 14 15 1t 17 1E 1s 2c 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES AT&T WIRELESS - NEWTON, CDP 00-39 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that the wall mounted antennas and equipment room does not disrupt existing visitor serving commercial areas or obstruct views or otherwise damage visual resources in the area. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the antennas are within an existing building and have no potential to disrupt public access or recreation. 3. The antennas are located within an existing building in the Mello II LCP segment; therefore, it will not impact the Coastal Agricultural Overlay Zone and is not within the Coastal Shoreline Development Overlay Zone. The existing industrial building complies with all applicable Mello II LCP segment Coastal Resource Overlay Zone and Coastal Resource Protection Overlay Zone standards. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 1. 2. 3. 4. building permit. - If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC PESO NO. 4843 -2. 4 L e i 8 s 1C 11 12 13 14 15 16 15 18 19 2c 21 22 23 24 25 26 27 28 5. 6. 7. 8. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Approval of CDP 00-39 is granted subject to approval of CUP 00-30. CDP 00-39 is subject to all conditions contained in Resolution No. 4842 for CUP 00-30. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 4843 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the tile containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction, The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4843 -3- - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of October 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Heineman ABSTAIN: d!A&m /,&wpw WILLIAM COMPAS, Chanperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOtiMILLkk Planning Director PC RESO NO. 4843 -A.