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HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61791 PLANNING COMMISSION RESOLUTION NO. 6179 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE 4 INSTALLATION OF MICROWAVE FACILITIES AT THE , ENCINA POWER STATION ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF CANNON 6 ROAD AND CARLSBAD BOULEVARD IN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONES. 8 CASE NAME: COUNTY OF SAN DIEGO/SHERIFF'S DEPT - 9 ENCINA CASE NO.: CUP 06-12 10 WHEREAS, The County of San Diego, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by NRG ENERGY, INC., 13 "Owner," described as 14 Portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, Map No. 823 filed in office of County Recorder November 16,1896 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use18 ^9 Permit as shown on Exhibits "A" - "M" dated October 4, 2006, on file in the Planning 20 Department, COUNTY OF SAN DIEGO/SHERIFF'S DEPT - ENCINA - CUP 06-12, as 21 provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 77 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony £<J 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP. 28 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES COUNTY OF SAN DIEGO/SHERIFF'S DEPT-ENCINA - CUP 06-12, based on the following findings and subject to the following 4 conditions: Findings; 6 1. That the requested use is necessary or desirable for the development of the community, is 7 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 equipment will upgrade the RCS (Regional 9 Communications System), improving public safety radio coverage which will provide improved service to the general public. The proposed use is consistent with 10 the General Plan in that the Public Utilities Land Use designation does not preclude the provision of microwave facility uses, nor is it detrimental to existing and future uses permitted in the P-U zone. 12 2. That the site for the intended use is adequate in size and shape to accommodate the use in 13 that the addition of more equipment to the existing stack will require no additional building area. 1 - 3. 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 16 provided and maintained in that the stack upon which the new equipment will be constructed is an existing structure. No additional support structures will be 17 required for this facility. 18 4. That the street system serving the proposed use is adequate to properly handle all traffic 19 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 20 problems. 21 5. That the Planning Director has determined that the project belongs to a class of projects 22 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 23 preparation of environmental documents pursuant to Section 15303, construction and location of limited numbers of new, small facilities or structures, of the state CEQA 24 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. *Jf\ 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 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 28 degree of the exaction is in rough proportionality to the impact caused by the project. PCRESONO. 6179 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 3 permit issuance. 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 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. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit 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. 13 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. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 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, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 26 approval is not validated. 27 6. 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. PCRESONO. 6179 -3- 7. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 8. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a c 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 6 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. g 10. Prior to the issuance of the Conditional Use Permit, Developer shall submit to the City a 9 Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the 10 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6179 on the11property. Said Notice of Restriction shall note the property description, location of the file 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 13 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. 11. Developer/Operator shall comply with the Federal Communication Commission's 15 guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or 17 amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR ^1.1307(b)(l); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and 20 compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the Planning Director for consistency with the Project's preliminary report on RF exposure submitted with the initial project ,~~ application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this 23 conditional use permit. 24 12. The microwave dish antenna shall be painted to match the color of the Encina Power Station stack. 25 13. The Microwave Facility or appurtenances shall not be constructed on any easement without the easement holder's permission. 27 14. The Microwave Facility or appurtenances shall not be constructed in any drainage area or over any drainage structure. PCRESONO. 6179 -4- IS. If required and as determined by the California Coastal Commission, the Developer 2 shall apply for and obtain approval of a Conditional Use Permit, issued by the California Coastal Commission or its successor in interest, that substantially conforms to this 3 approval. A signed copy of the Conditional Use Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Conditional Use Permit shall be required. NOTICE 6 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 g "fees/exactions." 9 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 12 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6179 -5- 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 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: JULIIB CARL ATTEST: Ou. R, Vice Chairperson PLANNING COMMISSION 2t DON NEU Assistant Planning Director PCRESONO. 6179 -6-