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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50821 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. 5082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RETROACTIVELY APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR FIVE YEARS, TO REDESIGN AND CAMOUFLAGE AN EXISTING MONOPOLE TELE-COMMUNICATIONS ANTENNA ON PROPERTY GENERAL-LY LOCATED AT 2238 JANIS WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MOUNT KELLY PCS 150 CASE NO.: CUP 96-06(A) WHEREAS, Project Design Consultants, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as Parcel 1 as now shown on Map No. 878, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, July 3, 1972. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit(s) “A” - “E” dated November 7, 2001, on file in the Carlsbad Planning Department MOUNT KELLY PCS 150 - CUP 96-06(A), as provided by the conditions of approval of CUP 96-06 and Chapter 2 1.42 and/or 2 1 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November 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 amendment. WHEREAS, on November 7, 2001, the Planning Commission approved CUP 96-06(A), as described and conditioned in Planning Commission Resolution No. 5082. 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES MOUNT KELLY PCS 150 - CUP 96-06(A) based on the following findings and subject to the following conditions: Findings: 1. 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 15301, minor changes to existing facilities, 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. 2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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. 3. 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 existing monopole antenna will be modified with a smaller upper mast and camouflaged with natural and man-made materials to resemble a Phoenix palm tree to blend with surrounding landscaping and greatly reduce visibility and the proposed camouflage will make the existing monopole more compatible with the surrounding residential neighborhoods. 4. That the site for the intended use is adequate in size and shape to accommodate the use, in that the subject 1.44 acre parcel meets the minimum lot size of 10,000 square feet for the R-A 10,000 zone and no variances are required. 5. 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 existing equipment cabinets are hidden from view by mature landscaping; all setbacks have been met and no variances are required; the proposed camouflage will allow the existing monopole antenna to PC RESO NO. 5082 -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 blend with surrounding mature landscaping and be less visually obtrusive to the existing residential neighborhoods. 6. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing cellular communications facility generates little traffic, limited to monthly maintenance visits. Conditions: Note: 1. 2. 3. 4. 5. 6. 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 Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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. All screening material, including live and preserved bark and palm fronds shall be properly maintained to ensure that screening integrity is maintained. All broken or unsightly elements shall be immediately repaired or replaced. 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 Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and PC PESO NO. 5082 -3- 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 7. 8. 9. 10. 11. 12. (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 Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Resolution No. 5082 supercedes Resolution No. 3975 dated August 21, 1996. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 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. 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 Amendment is retroactively granted for a period of 5 years from August 21,200l to August 20,2006. 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 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. 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 PC RESO NO. 5082 4 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of November 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: Commissioner Baker ABSTAIN: JE@dN. SEGALLW ‘t-person CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5082 -5-