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HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66231 PLANNING COMMISSION RESOLUTION NO. 6623 2 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 OPERATION OF AN EXISTING WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A GROUND 6 MOUNTED EQUIPMENT BUILDING AND THREE (3) PANEL ANTENNAS COLLOCATED INSIDE THE TRUNK OF AN 7 EXISTING 40 FOOT MONO-PALM LOCATED AT 4901 EL CAMINO REAL IN THE R-A-10,000 AND C-2/C-2-Q ZONES AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: TAMARACK VERIZON CASE NO.: CUP 02-18X1 10 WHEREAS, Verizon Wireless, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," 13 described as Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San Diego County, and that 15 portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of San Diego, State of California, as shown on 17 Parcel Map filed on page 3451 of Parcel Maps on January 31, 1975, under file No. 75-023997 18 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibits "A" - "E" dated April 2, 2003, on file in the Planning 22 Department TAMARACK VERIZON - CUP 02-18X1, as provided by the conditions of 23 approval of CUP 02-18 and Chapter 21.42 and/or 21.50 of the Carlsbad MunicipaJ Code; and 24 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Extension; and 1 WHEREAS, on April 2, 2003, the Planning Commission approved CUP 02-18 as 2 described and conditioned in Planning Commission Resolution No. 5383. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 r 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 Planning Commission APPROVES TAMARACK VERIZON - CUP 02-18X1 based on the following findings and subject to the following conditions: 9 Findings: 10 1. The adopted findings for CUP 02-18 which are contained in Planning Commission Resolution No. 5383 apply to this extension and are incorporated by this reference with 12 the exception of Finding No. 6 which is replaced by new Finding No. 3 below. 13 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 14 environment, and it is therefore categorically exempt from the requirement for the , <- preparation of environmental documents pursuant to Section 15301, Existing Facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has 16 found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 17 3. That the existing Wireless Communication Facility (WCF) is consistent with the location and design guidelines of City Council Policy No. 64, in that although the 19 facility's antennas are located in the R-A-10,000 (Residential Agriculture - 10,000 square foot minimum lot area) zone, a "discouraged" location, the applicant has 20 demonstrated that no feasible alternative site exists within a "preferred" location that can achieve the required WCF coverage objectives as its current location. 21 Furthermore, the existing WCF is collocated on an existing T-Mobile mono-palm ~~ and exhibits "stealth" design through fully concealing the antennas inside the trunk of the mono-palm. 23 Conditions: 24 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 26 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 27 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 OS 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 PC RESO NO. 6623 -2- or a successor in interest by the City's approval of this Conditional Use Permit 2 Extension. 3 2. All conditions of approval imposed upon Conditional Use Permit CUP 02-18 as stated in Planning Commission Resolution No. 5383 shall apply as conditions of approval for CUP 02-18x1 and are incorporated by this reference, except Conditions Nos. 6, 7, 8, 9, 11,15, 16, and 17 which have been satisfied, and Condition Nos. 12 and 13 which are superseded by Condition Nos. 3 and 4 below. 6 3. CUP 02-18x1 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 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 9 obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit Extension is being or recently 10 has been exercised contrary to any of the terms or conditions of approval or the 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 12 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 13 to the public health, safety or welfare or so as to constitute a nuisance, the Planning 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 ,, 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. 16 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 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 19 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 20 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 22 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 23 is no limit to the number of extensions the Planning Commission may grant. 24 5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 26 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 27 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 Extension by Resolution No. 6623 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details PC RESO NO. 6623 -3- and all conditions of approval as well as any conditions or restrictions specified for 2 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 3 showing of good cause by the Developer or successor in interest. If a Notice of Restriction is not recorded by November 19, 2009, this approval shall become null and void. 5 Engineering: 6 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 silt runoff during construction, general housekeeping practices, pollution prevention and 9 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or 10 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 12 NOTICE 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 "fees/exactions." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 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. 19 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 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PC RESO NO. 6623 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 6623 -5-