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HomeMy WebLinkAbout2004-09-15; Planning Commission; Resolution 57271 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. 5727 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A CELLULAR COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF MACADAMIA DRIVE AND AVENlDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: CASE NO.: CUP 94-06x2 US WEST CELLULAR - POINSETTIA WHEREAS, AT&T Wireless, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Pinnacle Carlsbad LP, “Owner,” described as Lots 9 and 10 of Carlsbad Tract No. 81-05, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10899, filed in the Office of the County Recorder of San Diego County, April 11,1984 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits “A” - “I” dated September 21, 1994, on file in the Planning Department US WEST CELLULAR - POINSETTIA, CUP 94-06x2, as provided by the conditions of approval of CUP 94-06x1 and Chapter 21.42 andlor 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of September 2004 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 Extension. 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 WHEREAS, on October 6, 1999, the Planning Commission approved CUP 94- 06x1 as described and conditioned in Planning Commission Resolution No. 4634. 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 Planning Commission APPROVES CUP 94-06x2 US WEST CELLULAR - POINSETTIA based on the following findings and subject to the following conditions: Findinn: 1. The adopted findings for CUP 94-06x1 which are contained in Planning Commission Resolution No. 4634 apply to this extension and are incorporated by this reference. 2. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the proposed installation of the antennas and equipment cabinets are entirely hidden within an existing motel building in the General Commercial zone (C-2), a preferred location, and complies with the design guidelines, in that the facility is a stealth design. Conditions: 1. 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 modifl 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; record a notice of violation on the property title; 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. 2. All conditions of approval imposed upon Conditional Use Permit 94-06x1 as stated in Planning Commission Resolution No. 4634 shall apply as conditions of approval for CUP 94-06x2 and are incorporated by this reference, except Conditions No. 2 is replaced by Condition No. 4 below. 3. 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 PC RES0 NO. 5727 -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 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 4. This Conditional Use Permit is granted for a period of five (5) years from September 22, 2004 through September 21, 2009. 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. 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 feedexactions. 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... ... PC RES0 NO. 5727 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of September 2004 by the following vote, to wit: AYES: Chairperson Whitton; Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Segall NOES: ABSENT: ABSTAIN: i/FRAhK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 0 MICHAEL J. HO~MK~ER Planning Director PC RES0 NO. 5727 -4-