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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61521 PLANNING COMMISSION RESOLUTION NO. 6152 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW 4 THE INSTALLATION OF FOUR (4) ADDITIONAL WIRELESS 5 ANTENNAS TO AN EXISTING CINGULAR WIRELESS COMMUNICATION FACILITY (WCF) LOCATED AT 6 760 MACADAMIA DRIVE ON THE NORTHEAST CORNER OF MACADAMIA DRIVE AND AVENIDA ENCINAS IN THE 7 C-2 ZONE, THE MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP), AND LOCAL FACILITIES 8 MANAGEMENT ZONE 22. 9 CASE NAME: CINGULAR CELLULAR POINSETTIA CASE NO.: CUP 94-06X2(Al 10 WHEREAS, Strategic Real Estate Services, "Developer," has filed a verified j2 application with the City of Carlsbad regarding property owned by Pinnacle Carlsbad LLC, 13 "Owner," described as 14 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 16 San Diego County, April 11,1984 17 ("the Property"); and 1 Q WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit Amendment as shown on Exhibits "A" - "F" dated August 16, 2006, on file in the 20 Planning Department, CUP 94-06x2(A) - CINGULAR CELLULAR POINSETTIA, as 21 22 provided by the conditions of approval of CUP 94-06x2(A) and Chapter 21.42 and/or 21.50 of 23 the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 25 hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CUP amendment; and WHEREAS, on September 15, 2004, the Planning Commission approved 2 CUP 94-06x2, as described and conditioned in Planning Commission Resolution No. 5727. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 <- Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 94-06x2(A) based on the following findings and subject to the following conditions: 9 Findings: 10 1. 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 12 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed use is consistent with the General Plan in 13 that the Commercial Land Use designation does not preclude the provision of WCF uses, nor is it detrimental to permitted uses in the vicinity in that the WCF has 14 stealth design and is located in a preferred location. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 16 that the antennas would be integrated into the existing building's facade and the equipment enclosure is located within the building envelope and complies with the 17 Neighborhood Commercial Zone Development Standards. 18 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to jp adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that there are existing equipment cabinets that are 20 located inside the existing building and the antennas would be textured and painted to match the existing building facade to reduce their visibility to the greatest extent 2 * possible. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic 23 generated by the proposed use, in that the use generates very little traffic, requiring only routine maintenance visits and occasional visits in response to operational 24 problems. 25 2/r 5. 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 27 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. 28 PCRESONO. 6152 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 building permit. ^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 5 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 6 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 7 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 9 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 10 2. 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 12 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 13 development different from this approval, shall require an amendment to this approval. 14 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 1 ^ regulations in effect at the time of building permit issuance. 16 4. 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 17 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 ^9 all requirements of law. 20 5. 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 21 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 23 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 24 (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 26 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 27 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the ° Site Plan reflecting the conditions approved by the final decision-making body. PCRESONO. 6152 -3- 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 8. This project shall comply with all conditions and mitigation measures which are required ^ as part of the Zone 22 Local Facilities Management Plan and any amendments made to <- that Plan prior to the issuance of building permits. 6 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 7 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 9 10. This approval is granted subject to the approval of CDP 06-08 and is subject to all 10 conditions contained in Planning Commission Resolution No. 6153 for those other approvals incorporated herein by reference. 12 11- Approval is granted for CUP 94-06x2A as shown on Exhibits "A" - "F," dated August 16, 2006, on file in the Planning Department and incorporated herein by 13 reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 14 1 <- 12. 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 16 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 17 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. 19 13. This Conditional Use Permit is granted for a period of five years from August 16, 2006, 20 to August 15,2011. 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 21 public's health and welfare, or the conditions imposed herein have not been met. This 22 permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made no less than 90 days prior to the expiration date. 23 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. 24 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 26 Planning Commission may grant. 27 28 PCRESONO. 6152 -4- 1 NOTICE 2 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 4 "fees/exactions." 5 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 g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton 18 NOES: 19 ABSENT: Commissioner Segall 20 21 ABSTAIN: 22 23 MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION 25 ATTEST: 26" 27 DONNEU Assistant Planning Director PCRESONO. 6152 -5-