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HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 4933: ‘ f ; z 5 l( 11 1; 1: li 1: 1t 1; 18 15 2( 21 2; 2? 24 25 26 2i 28 PLANNING COMMISSION RESOLUTION NO. 4933 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 4600 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: SDG&E COMMUNICATIONS FACILITY CASE NO.: CUP 9507x1 WHEREAS, Nextel Communications, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Cabrillo Power, LLC, “Owner,” described as Tract 823 Lot H P. Ranch0 Agua Hedionda for of, (ex ST&HWY&DS90-9473&91-331666) Par 3 SBE MP 1441-37- 73F on old APN 210 010 34 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “F” dated August 16, 1995, on file in the Carlsbad Planning Department SDG&E COMMUNICATION FACILITY - CUP 95-07, as provided by the conditions of approval of CUP 95-07 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of April 2001, 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 Extension. WHEREAS, on August 16, 1995, the Planning Commission approved CUP 95 07 as described and conditioned in Planning Commission Resolution No. 3786. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDG&E COMMUNICATION FACILITY - CUP 95-07x1 as shown on exhibits “A” -“C” dated April 18, 2001, based on the following findings and subject to the following conditions: Findings: 1. The adopted findings for CUP 95-07, which are contained in Planning Commission Resolution No. 3786, apply to this extension, with the exception of finding 2A, in that this approval is granted for a maximum of six (6) panel antennas which currently exist on the site. Conditions: 1. 2. 3. 4. 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, All conditions of approval imposed upon Conditional Use Permit CUP 95-07 as stated in Planning Commission Resolution No. 3786 shall apply as conditions of approval for CUP 95-07x1 except for the following: a) Condition No. 4 is replaced by Condition No. 4 below, b) Condition No 8 replaced by Condition No. 5 below, and c) Condition No. 13 is replaced by Condition No. 6 below. 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 five years effective retroactively from August 16, 2000 through August 16, 2005. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect PC RESO NO. 4933 -2. 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 5. 6. 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 five 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 maximum number of antennas permitted on the SDG&E tower are six (6) Nextel panel antennas and nine (9) antennas previously approved for SDG&E (5 microwave dishes and 4 whip antennas) for a total of 15 approved antennas on the tower structure. No additional antennas beyond this number are allowed without a conditional use permit or CUP amendment. This approval is granted for a maximum of six (6) panel antennas which currently exist on the SDG&E tower. No additional antennas or equipment shall be permitted unless an amendment to CUP 95-07x1 is applied for and approved by the Planning Commission. NOTICE PC RESO NO. 4933 -3- 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 tile 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. 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 Planning Commission of the City of Carlsbad, California, held on the 18th day of April, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compaq L’Heureux, Nielsen, and Trigas ABSENT: Commissioner Heineman ABSTAIN: b CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZtiLER Planning Director PC RBSO NO. 4933 -4.