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HomeMy WebLinkAbout2006-11-01; Planning Commission; Resolution 61841 PLANNING COMMISSION RESOLUTION NO. 6184 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A WIRELESS 4 COMMUNICATIONS FACILITY ON PROPERTY 5 GENERALLY LOCATED AT 7100 FOUR SEASONS POINT IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 6 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 19. 7 CASE NAME: NS022-01 FOUR SEASONS WCF CASE NO.: CUP 05-188 9 WHEREAS, Cingular Wireless, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Aviara Resort Associates, LP, "Owner," described as 12 Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1, Planning 13 Area 2a and a portion of 2b, in the City of Carlsbad, County of San Diego, State of California, According to Map thereof No. 14 13335, filed in the Office of the County Recorder of San Diego County, June 13,1996 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "K" dated November 1, 2006, on file in the Planning 19 Department, NS022-01 FOUR SEASONS WCF - CUP 05-18, as provided by Chapter 21.42 20 and/or 21.50 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 1st day of November, 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 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28 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 NS022-01 FOUR SEASONS WCF - CUP 05-18, based on the following findings and subject to the following conditions:4 c Findings: 6 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 7 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the requested use is necessary and desirable for the development of the community because of the demand for wireless communications. 9 The proposed use is consistent with the General Plan in that the Travel/Recreation Commercial (T-R) Land Use Designation does not preclude the provision of WCFs, 10 nor is it detrimental to permitted uses in the Aviara Master Plan. The project requires no significant changes to the existing design or function, and utilizes "stealth design" to conceal its location. 12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 13 that the proposed wireless communications facility will not result in additional building coverage, and design changes to building facades and equipment screens 14 are in compliance with the Aviara Master Plan. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 16 adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all proposed facilities will be architecturally 17 integrated and painted to match the existing building facades to reduce its visibility to the greatest extent possible. 19 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the use generates very little traffic, requiring 20 only routine maintenance visits and occasional visits in response to operational problems. 21 22 5. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the project site is considered a "preferred location" given that it is being 23 proposed on an existing building within a commercially classified zone and it utilizes stealth design to conceal antennas and roof mounted equipment, thereby reducing 24 any potential of visibility to the surrounding area. 25 6. That the Planning Director has determined that the project belongs to a class of projects 26 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 27 preparation of environmental documents pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the state CEQA 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. PCRESONO. 6184 -2- 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 7 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 modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 10 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 1 _ or a successor in interest by the City's approval of this Conditional Use Permit. 13 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 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 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 , g 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 20 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 21 all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 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 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PCRESONO. 6184 -3- 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the Carlsbad Unified School District that this project has satisfied its c obligation to provide school facilities. 6 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval is granted subject to the approval of CDP 05-35 and is subject to all 9 conditions contained in Planning Commission Resolution No. 6185 for that other approval incorporated by reference herein. 10 10. 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 12 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 13 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. 11. This Conditional Use Permit is granted for a period of five (5) years from November 1, 16 2006 to November 1, 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 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 19 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 20 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 22 the number of extensions the Planning Commission may grant. 23 12. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. 24 Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine 26 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 27 all antennas installed at the subject site. The report shall quantify the RF emissions and 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 PCRESONO. 6184 -4- application and for consistency with the FCC guidelines. If, on review, the City finds that 2 the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. 3 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section r 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 6 Local Facilities Management Plan fee for Zone 19, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 7 approval will not be consistent with the General Plan and shall become void. g 14. Developer shall report, in writing, to the Planning Director within 30 days, any address 9 change from that which is shown on the permit application. 10 15. Prior to the issuance of the building permit, Developer shall submit to the City a 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 Planning 12 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6184 on the property. 13 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 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 16 or successor in interest. 17 16. The Telecommunications Facility or appurtenances shall not be constructed on any easement without the easement holder's permission. 1 o in 17. The Telecommunications Facility or appurtenances shall not be constructed in any drainage area or over any drainage structure. 20 Code Reminder; 21 ,-_ 18. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 23 permit issuance, except as otherwise specifically provided herein. 24 25 26 27 28 PCRESONO. 6184 -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 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 1st day of November, 2006 by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Segall ABSENT: Commissioner Whitton ABSTAIN: MARTELL B. MONTtjOMERYfChairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6184 -6-