HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61531 PLANNING COMMISSION RESOLUTION NO. 6153
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO ALLOW THE
4 INSTALLATION OF FOUR (4) ADDITIONAL WIRELESS
, 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.: CDP 06-08
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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
I O10 WHEREAS, said verified application constitutes a request for a Coastal
19 Development Permit as shown on Exhibits "A" - "F" dated August 16, 2006, on file in the
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Planning Department, CDP 06-08 - CINGULAR CELLULAR POINSETTIA, as provided by
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Chapter 21.201.040 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 16th day of August, 2006,
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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<- B) That based on the evidence presented at the public hearing, the Commission
APPROVES CDP 06-08 based on the following findings and subject to the
6 following conditions:
7 Findings:
° 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project consists of the construction of an
additional four WCF antennas on an existing hotel building; no significant
10 agricultural uses, sensitive resources, geological instability, flood hazard, or coastal
access opportunities exist onsite and the development does not obstruct views of the
coastline as seen from public lands or public right-of-way, or otherwise damage the
visual beauty of the coastal zone.
,-, 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore. Therefore,
14 the project will not interfere with the public's right to physical access to the sea and
the site is not suited for water-oriented recreation activities.
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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
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.
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Conditions:
19"
90 building permit.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
22 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
23 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; record a notice of violation on the
25 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
26 or a successor in interest by the City's approval of this Coastal Development Permit.
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
PCRESONO. 6153 -2-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development different from this approval shall require an amendment to this approval.
3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.4
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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.8
9 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
10 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 Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 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.
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6. This approval is granted subject to the approval of CUP 94-06x2(A) and is subject to all
17 conditions contained in Planning Commission Resolution No. 6152 for those other
approvals incorporated herein by reference.
lo
7. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
20 Section 21.201.210 of the Zoning Ordinance.
21 8. Approval is granted for CDP 06-08 as shown on Exhibits "A" - "F", dated August 16,
«« 2006, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
23 conditions.
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PCRESONO. 6153 -3-
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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
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 16th day of August, 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, and Whitton
NOES:
ABSENT: Commissioner Segall
ABSTAIN:
MARTELL B. MON\£0MERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PCRESONO. 6153 -4-