HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62231 PLANNING COMMISSION RESOLUTION NO. 6223
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
4 THE INSTALLATION AND OPERATION OF AN
5 ELECTRICAL GENERATOR TO ENSURE COMMUNICATION
DURING EMERGENCY SITUATIONS FOR AN EXISTING
6 VERIZON WIRELESS COMMUNICATION FACILITY
LOCATED AT THE WESTBLUFF PLAZA SHOPPING
7 CENTER AT 6986 EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
8 CASE NAME: ALGA CAMINO WIRELESS
9 CASE NO.: CUP02-12(A)
10 WHEREAS, Verizon Wireless, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Alpaca Properties LLC, "Owner," described
12 as
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A portion of Parcel 2 of Parcel Map No. 9043, in the City of
14 Carlsbad, County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County, August
14,1979, as file no. 79-340715 of official records
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use18
jo Permit Amendment as shown on Exhibits "A" - "E" dated January 3, 2007, on file in the
20 Planning Department CUP 02-12(A) - ALGA CAMINO WIRELESS, as provided by the
21 conditions of approval of CUP 02-12 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
22 Code; and
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WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
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25 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
2° relating to the CUP amendment; and
1 WHEREAS, on April 16,2003, the Planning Commission approved CUP 02-12,
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as described and conditioned in Planning Commission Resolution No. 5391.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4
s- 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 02-12(A) - ALGA CAMINO WIRELESS based on the
following findings and subject to the following conditions:
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Findings;
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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 Local Commercial (L) Land Use designation does not preclude the
provision of WCFs, nor is the use detrimental to permitted uses. The emergency
14 generator will not generate excessive noise impacts to the surrounding property
.. since it will only turn on once a week for 15 minutes and have a sound level
equivalent to an air conditioner.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
17 that the project requires no significant changes to the existing site design or function,
and utilizes a decorative block wall and landscaping to conceal the location of the
generator.
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
20 adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed generator will be concealed behind an
21 8'6" high wall that will be architecturally compatible and painted to match the
22 existing building facades. In addition, landscaping will be planted around the wall
to reduce its visibility to the greatest extent possible.
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4. That the street system serving the proposed use is adequate to properly handle all traffic
24 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
problems.
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5. 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
2° degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
3 building permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
c 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.
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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
j2 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
. <. 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
1 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.
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6. 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.
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7. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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8. 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
c 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
6 facilities will continue to be available until the time of occupancy.
7 9. The proposed electrical emergency generator wall shall be textured and painted to
„ match the existing buildings facade.o
9 10. All conditions of approval imposed upon Conditional Use Permit CUP 02-12 as stated in
Planning Commission Resolution No. 5391 shall apply as conditions of approval for CUP
10 02-12(A) and are incorporated by this reference, except Conditions No. 6 and 11 which
have been satisfied, and Condition No. 12 is replaced by Condition No. 12 below.
12 11- 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
13 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
14 Planning Director shall recommend that the Planning Commission, after providing the
, r permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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12. This Conditional Use Permit is granted until April 15,2008. This permit may be revoked
17 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
19 of time not to exceed five years upon written application of the permittee made no less
than 90 days prior to the expiration date. The Planning Commission may not grant such
20 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
21 land uses or the public's health and welfare is found, the extension shall be denied or
22 granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
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13. Developer shall report, in writing, to the Planning Director within 30 days, any address
24 change from that which is shown on the permit application.
25 14. Prior to the issuance of the Conditional Use Permit Amendment, Developer shall
26 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
27 satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by
Resolution No. 6223 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
PC RESO NO. 6223 -4-
approval as well as any conditions or restrictions specified for inclusion in the Notice of
2 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
3 the Developer or successor in interest.
Code Reminder:
15. Approval of this request shall not excuse compliance with all applicable sections of the
6 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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8 NOTICE
9 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
10 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
12 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
16 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
10 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007 by the
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following vote, to wit:
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c AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Douglas, Segall, and Whitton
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NOES:
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_ ABSENT:
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9 ABSTAIN:
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13 MARTELL B. MONTGOMERY, Cnairperson
CARLSBAD PLANNING COMMISSION
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15 ATTEST:
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17 „DONNEU1 O Assistant Planning Director
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