HomeMy WebLinkAbout2001-09-19; Planning Commission; Resolution 50501
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I PLANNING COMMISSION RFSOLUTION NO. 5050
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A SECOND
SATELLITE ANTENNA ON PROPERTY GENERALLY
LOCATED AT 1835 ASTON AVENUE, IN THE CARLSBAD
RESEARCH CENTER SPECIFIC PLAN, IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: ASTOR COMMUNICATIONS
CASE NO.: CUP 01-08
WHEREAS, Astor Broadcast Group, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Mr. John Levy, “Owner,”
described as
Lot 64 of Carlsbad Tract No. 85-24, Unit No. 4 in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 11811, filed in the Office of the County
Recorder of San Diego County, May 19,1987
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) (‘A” - “By’ dated September 19, 2001, on file in the Carlsbad
Planning Department, ASTOR COMMUNICATIONS - CUP 01-08, as provided by Chapter
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of September 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.
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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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ASTOR COMMUNICATIONS - CUP 01-08, based on the
following findings and subject to the following conditions:
Findings:
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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 communication and radio equipment is allowed per
the Carlsbad Research Center Specific Plan. The antenna will be placed next to an
existing antenna on an existing industrial building and is consistent with the area’s
Planned Industrial (PI) land use designation. The project will be entirely screened
from both College Boulevard and Aston Avenue and therefore not visible from the
public right-of-way. The screening material will be painted to match the existing
rooftop screening, ensuring its compatibility with the existing building and
surrounding uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the existing rooftop is large enough to accommodate both the existing and the
proposed satellite antenna and the required screening material.
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 screening provided will entirely screen the
project from all adjacent public streets (College Boulevard and Aston Avenue) and
buildings, and will be painted to match the existing roof screening.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed satellite antenna will have no
impact on the street system in that it will generate limited additional trips associated
with facility maintenance.
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 15311, Accessory
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.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
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7. 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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to 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 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 existing and proposed satellite antennas will be completely screened from
College and Aston Avenue, as verified by the Planning Department upon completion
of installation. If the proposed screening is inadequate, then additional screening
must be erected to the satisfaction of the Planning Director.
All screening material shall be maintained and painted to prevent warping, fading
or other condition that would otherwise reduce the screening ability and/or visual
aesthetics of the screening material.
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 indemnity, 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
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8.
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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.
Prior to the issuance of the 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(n) Conditional Use Permit by
Resolution(s) No. 5050 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.
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 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 approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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.
A. 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.
B. This Conditional Use Permit is granted for a period of five years from September
19,200l to September 19,2006. 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 years upon written application of the permittee
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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.
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.
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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 19th day of September 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compaq Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
a
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOLZMWLER Planning Director
PC RESO NO. 5050 -6-