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Home My WebLink About2006-11-15; Planning Commission; Resolution 61991 PLANNING COMMISSION RESOLUTION NO. 6199 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A 5-YEAR RETROACTIVE EXTENSION OF CUP 96-03X1 TO ALLOW 4 THE CONTINUED OPERATION AND RETROFIT OF A 5 WIRELESS COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED AT 701 PALOMAR AIRPORT ROAD 6 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 3. CASE NAME: CARLSBAD PACIFIC CENTER SD03.XC143 8 CASE NO.: CUP 96-03x2 9 WHEREAS, SPRINT NEXTEL, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by COGNAC CARLSBAD CENTER j2 LLC, "Owner," described as 13 Parcels 1, 2, and 3 of Parcel Map No. 15386 in the County of Carlsbad, filed on September 16,1988, as file No. 88-467890 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit Extension as shown on Exhibits "A" - "H" dated November 15, 2006, on file in the 18 Planning Department, CUP 96-03x2 - CARLSBAD PACIFIC CENTER SD03XC143, as 19 provided by the conditions of approval of CUP 96-03x1 and Chapter 21.42 and/or 21.50 of the 20 Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 15th 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 Extension. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 Planning 3 Commission APPROVES CARLSBAD PACIFIC CENTER SD03XC143 - CUP 96-03x2, based on the following findings and subject to the following conditions: Findings; 6 1. The adopted findings for CUP 96-03x1 which are contained in Planning Commission Resolution No. 4995 apply to this extension and are incorporated by this reference. 2. That the Planning Director has determined that the project belongs to a class of projects 9 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 10 preparation of environmental documents pursuant to Section 15301 (a) repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, etc., 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. 13 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 14 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. 16 Conditions: 17 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 20 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 21 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 23 Extension. 24 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. 27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 28 regulations in effect at the time of building permit issuance. PCRESONO. 6199 -2- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 4 all requirements of law 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 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 Extension, (b) City's approval or issuance of any permit or action, whether discretionary 9 or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 ,2 approval is not validated. 13 6. All conditions of approval imposed upon Conditional Use Permit CUP 96-03x1 as stated in Planning Commission Resolution No. 4995 shall apply as conditions of approval for 14 CUP 96-03x2 and are incorporated by this reference except Condition No. 4 which is ., replaced by Condition No. 4 below. 16 7. Approval is granted for CUP 96-03x2 as shown on Exhibits "A" - "H," dated November 15, 2006, on file in the Planning Department and incorporated herein by 17 reference. Development shall occur substantially as shown unless otherwise noted in these conditions.18 19 8. 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 20 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 21 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. 23 7. This Conditional Use Permit is granted for a period of 5 years from June 19, 2006, 24 through June 18, 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 26 permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. 27 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 PCRESONO. 6199 -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 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 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 15th day of November, 2006, by the following vote, to wit: AYES: NOES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Segall, and Whitton ABSENT: Chairperson Montgomery and Commissioner Heineman ABSJAJN: " •"Nrf"C*«= R, Vice Chairperson PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6199 -4-