HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 49401
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PLANNING COMMISSION RESOLUTION NO. 4940
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT, CUP 00-40 TO ALLOW A
TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT 5823 NEWTON DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PACIFIC BELL WIRELESS - CABOT
INDUSTRIAL
CASE NO.: CUP 00-40
WHEREAS, Pacific Bell Wireless, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by Andrew Lestage , “Owner”, described
as:
A Portion of Lot “F”, Ran&o Agua Hedionda, in the County
of San Diego, State of California, according to Map thereof No.
823, filed in the office of the County Recorder, San Diego
County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a conditional use
permit as shown on Exhibit(s) “A” - “E” dated April 18, 2001, on file in the Planning
Department, PACIFIC BELL WIRELESS - CABOT INDUSTRIAL - CUP 00-40, as
provided by Chapter 21.42 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 persons desiring to be heard, said Commission considered all factors
relating to the Conditional Use Permit.
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
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W That based on the evidence presented at the public hearing, the Commission
APPROVES PACIFIC BELL WIRELESS - CABOT INDUSTRIAL - CUP
00-40, based on the following findings and subject to the following conditions:
Findinus:
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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, 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.
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 proposed use benefits the community because of
the demand for mobile voice and data transmissions, 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 proposed telecommunication facility will result in minimal additional
building coverage and the wall mounted antenna require minimal alteration to the
existing site design which is in compliance with the Planned Industrial Zone
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 all proposed facilities will be painted to match the
existing building facade to reduce their visibility to the greatest extent possible.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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General:
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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.
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.
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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
This approval is granted subject to the approval of CDP 00-55 and is subject to all
conditions contained in Planning Commission Resolution 4949 for those other
approvals.
PC RESO NO. 4940 -3.
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The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall provide proof to the Director from the Carlsbad Unified School District
that this project has satisfied its obligation to provide school facilities.
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.
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 approval shall become null and void if building permits are
not issued for this project within 24 months from the date of project approval.
This Conditional Use Permit is granted for a period of five (5) years from April l&2001
through April l&2006. 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 five (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.
The Developer shall submit to the City a Notice of Restriction to be tiled 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 and Coastal Development Permit by Resolutions No. 4940
and 4949 on the real property owned by the Developer. Said Notice of Restriction shall
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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.
Code Reminders:
16. 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 are not paid, this
approval will not be consistent with the General Plan and shall become void.
17. 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 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.
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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
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
JEFwSEGALLehairperson
CARLSBL PLANNING COMMISSION
ATTEST:
MICHAEL J. HOttMILtiR
Planning Director
PC RESO NO. 4940 -6