HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 66001 PLANNING COMMISSION RESOLUTION NO. 6600
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A RETROACTIVE TEN YEAR EXTENSION
4 OF A CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUED OPERATION OF A WIRELESS
COMMUNICATIONS FACILITY CONSISTING OF A 240
6 SQUARE FOOT RADIO BASE STATION (RBS) WITHIN A 400
SQUARE FOOT GARAGE AND SIX PANEL ANTENNAS
7 WITHIN TWO EXTENDED CHIMNEYS AND ONE FAUX
CHIMNEY ON THE ROOF OF AN EXISTING SINGLE
8 FAMILY RESIDENCE LOCATED AT 7512 CADENCIA
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: AT&T 7512 CADENCIA
10 CASE NO.: CUP 00-36x1
WHEREAS, AT&T Wireless, the "Applicant," has filed a verified application
12 with the City of Carlsbad regarding property owned by Patrick and Viona L. Van Hoose,
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"Owner," described as
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Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 7950, filed in the office of the
County Recorder of San Diego County, June 3,1974
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("the Property"); and
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WHEREAS, the City Council approved CUP 00-36, on December 9, 2003, based
2Q upon a court order; and
21 WHEREAS, said verified application constitutes a request for a Conditional Use
22 Permit Extension as shown on Exhibits "A" - "F" dated May 16, 2001, on file in the Planning
23 Department AT&T 7512 CADENCIA - CUP 00-36X1, as provided by the conditions of
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approval of CUP 00-36 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on July 15, 2009, hold a duly noticed
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public hearing as prescribed by law to consider said request and make a recommendation to the
28 City Council; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Extension.
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WHEREAS, on December 9, 2003, the City Council approved CUP 00-36 as
5 described and conditioned in City Council Resolution No. 2003-325.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
9 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
11 Commission RECOMMENDS APPROVAL OF AT&T 7512 CADENCIA -
CUP 00-36x1 based on the following findings and subject to the following
conditions:
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Findings:
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1. The adopted findings for CUP 00-36 which are contained in City Council Resolution No.
*5 2003- 325 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
17 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
18 preparation of environmental documents pursuant to Section 15301, Existing Facilities,
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
2Q apply to this project.
21 3. That the existing Wireless Communication Facility (WCF) remains consistent
with the location and design guidelines of City Council Policy No. 64, in that
22 although the facility is located within the Planned Community (P-C) residential
zone, a "discouraged" location, the applicant has demonstrated that no feasible
alternative site currently exists within a "preferred" location that can achieve
24 the required WCF coverage objectives as its current location. Furthermore, the
existing Wireless Communication Facility exhibits "stealth" design through
25 locating a 240 square foot Radio Base System (RBS) in a garage and concealing
six (6) panel antennas within two extended chimneys and one faux chimney.
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27 Conditions:
28 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
PC RESO NO. 6600 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 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
3 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
Extension.
2. All conditions of approval imposed upon Conditional Use Permit CUP 00-36 as stated in
City Council Resolution No. 2003-325 shall apply as conditions of approval for CUP 00-
36x1 and are incorporated by this reference, except Planning Conditions No. 6, 8, 9, 11
and 14, which have been satisfied and Planning Condition No. 7, which is
superseded by Condition No. 4 below. Conditions of approval No. 3, 5, 6 and 7
below are new conditions.
10 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
11 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
12 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.
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4. This Conditional Use Permit Extension is granted retroactively for a period of ten years
15 from January 17, 2009 through January 16, 2019. 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
17 herein have not been met. This permit may be extended for a reasonable period of time
not to exceed ten years upon written application of the permittee made no less than
18 90 days prior to the 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 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
21 . is no limit to the number of extensions the Planning Commission may grant.
22 5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris.
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24 6. 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
25 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
26 Permit Extension by Resolution No. 6600 on the 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 conditions or restrictions specified for
2g 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 or successor in interest. If a Notice of
PC RESO NO. 6600 -3-
Restriction is not recorded by October 15, 2009, this approval shall become null and
2 void.
3 Engineering:
7. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
<- implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
6 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
7 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
NOTICE10
. 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
12 "fees/exactions."
13 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
16 annul their imposition.
17 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
19 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
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 15, 2009 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
MARTELL B. MONTGJ
CARLSBAD PLANNING COM?
ATTEST:
rperson
SION
dx,
DON NEU
Planning Director
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