HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 50561
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PLANNING COMMISSION RESOLUTION NO. 5056
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 78-03(C) TO
CONSTRUCT A FREE STANDING TOWER TO HOUSE AN
UNMANNED TELECOMMUNICATIONS FACILITY
CONSISTING OF NlNE PANEL ANTENNAS AND SIX
EQUIPMENT CABINETS ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF EL CAMINO
REAL AND LA COSTA AVENUE, 7710 EL CAMINO REAL, IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: SPRINT VONS-307
CASE NO.: SDP 78-03(C)
WHEREAS, Sprint PCS, “Developer,” has tiled a verified application with the
City of Carlsbad regarding property owned by Azure Investors L.L.C., “Owner,” described as
Parcel B of Parcel Map No. 10283, in the City of Carlsbad, In
the County of San Diego, State of California, filed in the Ofike
of the County Recorder of San Diego County, June 30, 1980,
as Instrument No. 80-240721, Official Records.
(“the Property’); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “F” dated January 2, 2002, on file in the
Planning Department, SPRINT VONS-307 - SDP 78-03(C) as provided by Chapter
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of January, 2002,
hold a duly noticed public hearing as p&scribed 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 Site Development Plan Amendment.
WHEREAS, on February 13, 1980, the Planning Commission approved, SDP
78-03(B) , as described and conditioned in Planning Commission Resolution No. 1585.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SPRINT VONS-307 - SDP 78-03(C) based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed tower is located in a slope area and will
therefore not affect existing parking or circulation and has been designed to
incorporate architectural elements of the existing center for visual compatibility.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the tower is located outside of all required setbacks and is within the zone’s
height limitations.
That all 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 no special conditions or adjustments are required to make the use compatible with the surrounding neighborhood.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is anticipated to generate an
additional two ADT per month which will not have adverse impact on the adjacent street system.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
1. All of the conditions of Planning Commission Resolution No. 1585 for SDP 78-03(B)
apply and are incorporated herein.
2. 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 t%her 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
PC RESO NO. 5056 -2-
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3.
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6.
7.
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9.
10.
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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 approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Approval is granted for SDP 78-03(C) as shown on Exhibits “A’‘-“G”, dated January 2,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions
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 Site Development Plan, (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 Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This approval is granted subject to the approval of CUP 01-10 and is subject to all
conditions contained in Planning Commission Resolution No. 5055 for those other
approvals.
PC RESO NO. 5056 -3-
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11. Prior to the issuance of the Notice of Restriction, 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 Site Development Plan and Conditional
Use Permit by Resolutions No. 5055 and 5056 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.
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 mformation 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 2nd day of January 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
isz--J& ’
SEENA TRIGAS, Chairpersofi
CARLSBAD PLANNING COMMISSION
ATTBST:
Planning Director
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