HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50821
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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.
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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
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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:
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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 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
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(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
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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
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