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HomeMy WebLinkAbout2000-10-04; Planning Commission; Resolution 48441 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. 4844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DIGITAL MOBILE RADIO COMMUNICATION ANTENNA/SERVICE FACILITY ON PROPERTY GENERALLY LOCATED AT 2765 LOKER AVENUE WEST IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: NEXTEL LOKER AVENUE SITE CASE NO.: CUP 00-21 WHEREAS, Nextel Communications, “Developer,” has tiled a verified application with the City of Carlsbad regarding property owned by COBC 18, LLC, “Owner,” described as Lot 18 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of County Recorder of San Diego County, April 13,1982. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “E” dated October 4, 2000, on file in the Carlsbad Planning Department, NEXTEL LOKER AVENUE SITE - CUP 00-21, as provided by Chapter 21.42 and/or 21.50 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 CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W That based on the evidence presented at the public hearing, the Commission APPROVES NEXTEL LOKER AVENUE SITE - CUP 00-21, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 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 community benefits of wireless communications include improved telecommunications service for emergency services and individuals; the use is compatible with the existing offlice building and requires no significant changes to the site design or function; and the site’s planned industrial land use designation does not preclude the provision of quasi-public utility uses. That the site for the intended use is adequate in size and shape to accommodate the use, in that the antennas will be mounted on the existing building’s side elevations and the equipment room will be located completely within the buildable portion of the site, outside of all required setbacks and is consistent with all planned industrial development standards. 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 the panel antennas will be mounted vertically to the existing building as per the approved exhibits and painted to match the existing building to reduce its visibility to the greatest extent possible. The equipment room will be located within the buildable portion of the lot, outside of all required setbacks and will be constructed of materials similar to the existing industrial building and painted to match the existing building. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use would not generate additional vehicle trips beyond that necessary for regular maintenance. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303, which exempts the construction and installation of small new equipment facilities or structures, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. and will not have any adverse significant impact on the environment. PC RESO NO. 4844 -2- 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 1. 2. 3. 4. 5. 6. 7. permit issuance. 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use 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. 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 Conditional Use 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 Developer shall submit to the City a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, PC RESO NO. 4844 -3- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of 5 years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions. Within six (6) months after the issuance of occupancy, the Developer/Operator shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI/IEEE standards. Said report shall be subject to review and approval by the Planning Director for consistency with the Project’s preliminary proposal report and the accepted ANSI/IEEE standards. If on review, the City finds that the Project does not meet ANSI/IEEE standards, the City may revoke or modify this conditional use 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 Conditional Use Permit by Resolution No. 4844 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. This approval shall become null and void if building permits are not issued for this project within 2 years from the date of project approval. PC RESO NO. 4844 -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 Code Reminders: 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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. 4844 -5. I 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 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: WILLlAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&!ZMILI%R Planning Director PC RESO NO. 4844 -6.