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Home My WebLink About2008-03-05; Planning Commission; Resolution 63911 PLANNING COMMISSION RESOLUTION NO. 6391 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED AT 1050 AUTO 6 CENTER COURT WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 3. CASE NAME: SPRINT PCS-CAR COUNTRY 8 CASE NO.: CUP 00-04X1 9 WHEREAS, Sprint PCS Assets, L.L.C., "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Helix Land Company, 12 LTD., "Owner," described as 13 Lots 2 and 3 of the Carlsbad Tract No. 87-3, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map Thereof No. 12242, filed in the Office of the County Recorder of San Diego County, on October 28,1998 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit Extension as shown on Exhibits "A" - "F" dated October 4, 2000, on file in the 19 Planning Department SPRINT PCS-CAR COUNTRY - CUP 00-04x1, as provided by the 20 conditions of approval of CUP 00-04 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal 21 22 Code; and 23 WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Conditional Use Permit Extension; and28 1 WHEREAS, on October 4, 2000, the Planning Commission approved CUP 00-04 2 as described and conditioned in Planning Commission Resolution No. 4837. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 e Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SPRINT PCS-CAR COUNTRY - CUP 00-04x1, to be effective retroactively from October 5, 2005 through October 4, 2010 9 based on the following findings and subject to the following conditions: 10 Findings; 1. The adopted findings for CUP 00-04 which are contained in Planning Commission Resolution No. 4837 apply to this extension and are incorporated herein by this reference. 13 2. That the existing wireless communication facility is consistent with location and design guidelines of Council Policy No. 64, in that the wireless facility is located in the C-2-Q General Commercial Zone and Qualified Development Overlay Zone, , - which is a preferred location; and the facility is hidden from view inside a cupola tower that is architecturally compatible with its associated building, consistent with 16 the requirements for "stealth" design. 17 Conditions: 18 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 20 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 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 23 or a successor in interest by the City's approval of this Conditional Use Permit Extension. 24 2. All conditions of approval imposed upon Conditional Use Permit CUP 00-04 as stated in Planning Commission Resolution No. 4837 shall apply as conditions of approval for 26 CUP 00-04x1 and are incorporated by this reference, except Conditions No. 6 and 11 which have been satisfied, and Condition No. 8 is replaced by Condition No. 4 below, 27 and Condition No. 10, which is replaced by Condition No. 5 below. 28 3. 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 PC RESO NO. 6391 -2- a substantial negative effect on surrounding properties or the public health and welfare. If 2 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 3 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 4 - 4. This Conditional Use Permit is granted retroactively for a period of five (5) years from October 5, 2005 through October 4, 2010. This permit may be revoked at any time after 6 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 7 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 expiration date. The Planning Commission may not grant such 9 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 10 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 the number of extensions the Planning Commission may grant. 12 5. An extension of this approval beyond October 4, 2010 shall not be granted unless 13 the Developer submits 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 14 Recorder, subject to the satisfaction of the Planning Director, notifying all interested , _ parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Coastal Development Permit by Resolutions No. 4837 and 4838 on the 16 property. 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 17 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 19 or successor in interest. If a Notice of Restriction is not recorded by October 4, 2010, this approval shall become null and void. 20 Engineering;21 ~~ 6. Developer shall comply with the City's Storm Water Regulations. Developer shall implement best management practices at all times. Best management practices include 23 but are not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and 24 other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. 26 27 28 PCRESONO. 6391 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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 9 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. 12 " 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on March 5, 2008 by the following vote, to 15 wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Montgomery, and Chairperson Whitton 18 NOES: Commissioner Dominguez 19 ABSENT: Commissioner Douglas 20 ABSTAIN: 22 'FRANK WHITTON, chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PC RESO NO. 6391 -4-