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HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62231 PLANNING COMMISSION RESOLUTION NO. 6223 2 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 13 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 16 ("the Property"); and 17 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 23 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and £*3 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, 2 as described and conditioned in Planning Commission Resolution No. 5391. 3 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: 9 Findings; 10 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. 16 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. 19 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. 23 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. 26 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. PC RESO NO. 6223 -2- Conditions: 2 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. 10 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. 27 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. PC RESO NO. 6223 -3- 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. 3 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. 16 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. 23 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. 7 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. 15 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. 19" 20 21 22 23 24 25 26 27 28 PC RESO NO. 6223 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007 by the 3 following vote, to wit: 4 c AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Douglas, Segall, and Whitton 6 NOES: 7 _ ABSENT: o 9 ABSTAIN: 10 11 12 13 MARTELL B. MONTGOMERY, Cnairperson CARLSBAD PLANNING COMMISSION 14" 15 ATTEST: SLX16 17 „DONNEU1 O Assistant Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6223 -6-