HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66221 PLANNING COMMISSION RESOLUTION NO. 6622
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE TEN YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
5 OPERATION OF AN EXISTING WIRELESS
COMMUNICATIONS FACILITY CONSISTING OF FOUR
6 GROUND MOUNTED EQUIPMENT CABINETS AND TWELVE
(12) PANEL ANTENNAS MOUNTED ON A 40 FOOT TALL
7 MONO-PALM LOCATED AT 4901 EL CAMINO REAL IN THE
R-A-10 RESIDENTIAL ZONE IN LOCAL FACILITIES
8 MANAGEMENT ZONE 1.
9 CASE NAME: T-MOBILE RENEWAL OF CINGULAR
CASE NO.: CUP 02-21XI
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WHEREAS, T-Mobile, "Developer," has filed a verified application with the City
12 of Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," described as
13 That portion of Parcels 2 and 3 of Parcel Map No. 3451 in the
City of Carlsbad, County of San Diego, State of California, as
14 shown on Parcel Map filed on page 3451 of Parcel Maps on
j January 31,1975 (A.P.N 27-101-28)
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
1 R Permit Extension as shown on Exhibits "A" - "E" dated April 2, 2003, on file in the Planning
19 Department T-MOBILE RENEWAL OF CINGULAR - CUP 02-21X1, as provided by the
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conditions of approval of CUP 02-21 and Chapter 21.42 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
23 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; and
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WHEREAS, on April 2, 2003, the Planning Commission approved CUP 02-21 as
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described and conditioned in Planning Commission Resolution No. 5386.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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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
Commission APPROVES T-MOBILE RENEWAL OF CINGULAR- CUP
02-21X1 based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 02-21 which are contained in Planning Commission
9 Resolution No. 5386 apply to this extension and are incorporated by this reference with
the exception of Finding No. 6 which is replaced by new Finding No. 3 below.
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2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
12 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities,
13 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
14 apply to this project.
3. That the existing Wireless Communication Facility (WCF) is consistent with the
16 location and design guidelines of City Council Policy No. 64, in that although the
facility's antennas are located in the R-A-10,000 (Residential Agriculture -
17 10,000 square foot minimum lot area) zone, a "discouraged" location, the
applicant has demonstrated that no feasible alternative site exists within a
"preferred" location that can achieve the required WCF coverage objectives as
its current location. Furthermore, the existing 40 foot tall mono-palm exhibits
"stealth" design through concealing the antennas within the palm fronds and
20 has been designed for the collocation of a second carrier (Verizon Wireless).
Conditions:
22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
23 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
24 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
26 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
27 or a successor in interest by the City's approval of this Conditional Use Permit
Extension.
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2. All conditions of approval imposed upon Conditional Use Permit No. CUP 02-21 as
2 stated in Planning Commission Resolution No. 5386 shall apply as conditions of approval
for CUP 02-21x1 and are incorporated by this reference, except Condition Nos. 6, 7, 8, 9,
3 11, 13. 16, 17 and 18 which have been satisfied and Condition Nos. 14 and 17 which
have been superseded by Condition Nos. 4 and 5 below:
c 3. CUP 02-21x1 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
6 negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit Extension was
' obtained by fraud or misrepresentation; or 2) the use for which such approval was granted
o is not being exercised; or 3) the Conditional Use Permit Extension is being or recently
has been exercised contrary to any of the terms or conditions of approval or the
9 conditions of approval have not been met; or 4) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
10 violation of any statute, ordinance, law or regulation; or 6) the use permitted by the
Conditional Use Permit Extension is being or has been so exercised as to be detrimental
to the public health, safety or welfare or so as to constitute a nuisance, the Planning
^2 Director shall recommend that the Planning Commission hold a public hearing and after
providing the permittee the opportunity to be heard, the Planning Commission may
13 revoke and terminate the Conditional Use Permit Extension in whole or in part, reaffirm
the Conditional Use Permit Extension, modify the conditions or impose new conditions.
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, 4. 4. This Conditional Use Permit Extension is granted for a period of ten (10) years from
April 2, 2008 through April 1, 2018. This permit may be revoked at any time after a
16 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 (10) 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
19 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
20 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.
22 ...5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
23 trash, and debris.
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
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
26 parties and successors in interest that the City of Carlsbad has issued a Conditional Use
Permit Extension by Resolution No. 6622 on the property. Said Notice of Restriction
27 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
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
PC RESO NO. 6622 -3-
showing of good cause by the Developer or successor in interest. If a Notice of
2 Restriction is not recorded by November 19, 2009, this approval shall become null
and void.
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Engineering:
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«- 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
6 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
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
9 prospective owners and tenants of the above requirements.
10 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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.. 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
15 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
16 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,
19 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009 by the following vote,
to wit:
AYES: Commissioners Baker, Dominguez, Nygaard, Schumacher, and
Vice Chairperson Douglas
NOES: Commissioner L'Heureux
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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