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HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65531 PLANNING COMMISSION RESOLUTION NO. 6553 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 5 OPERATION OF A WIRELESS COMMUNICATIONS FACILITY COLLOCATED ON AN EXISTING MONO-PALM 6 ON PROPERTY GENERALLY LOCATED AT 4901 EL CAMINO REAL IN THE R-A-10 AND C-2 ZONES AND IN 7 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MARJA ACRES PCS FACILITY 8 CASE NO.: CUP 01-24x1 9 WHEREAS, Sprint PCS, "Developer," has filed a verified application with the 10 City of Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," described 12 as 13 Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the '4 Office of the County Recorder of San Diego County, and 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 shown on 15 Parcel Map filed on page 3451 of Parcel Maps on January 31, 1975, under file No. 75-023997 17 ("the Property"); and18 in WHEREAS, said verified application constitutes a request for a Conditional Use 20 Permit Extension as shown on Exhibits "A" - "F" dated April 3, 2002, on file in the Planning 21 Department MARJA ACRES PCS FACILITY - CUP 01-24x1, as provided by the conditions 22 of approval of CUP 01-24 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on May 6th, 2009, 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 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 98^° relating to the CUP Extension; and WHEREAS, on April 3, 2002, the Planning Commission approved CUP 01-24 as 2 described and conditioned in Planning Commission Resolution No. 5163. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 FACILITY - CUP 01-24x1 based on the following findings and subject to the following conditions: 9 Findings: 10 1. The adopted findings for CUP 01-24 which are contained in Planning Commission Resolution No. 5163 apply to this extension and are incorporated by this reference. 12 2. That the Planning Director has determined that the project belongs to a class of projects 13 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 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 16 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 facility's antennas are located in the R-A-10 (Residential Agriculture - 10 Acre 19 Minimum) zone, a "discouraged" location, the applicant has demonstrated that no feasible alternative site exists within a "preferred" location that can achieve the 20 required WCF coverage objectives as its current location. Furthermore, the existing WCF is collocated on an existing mono-palm and exhibits "stealth" design through fully concealing the antennas inside the trunk of the mono-palm. 22 Conditions; 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 26 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 27 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. PC RESO NO. 6553 -2- 2. All conditions of approval imposed upon Conditional Use Permit CUP 01-24 as stated in 2 Planning Commission Resolution No. 5163 shall apply as conditions of approval for CUP 01-24x1 and are incorporated by this reference, except Conditions No. 6, 7, 8, 9, 11, 12, 3 16, 19, and 20 which have been satisfied, and Condition No. 14 which is superseded by Condition No. 4 below.4 5 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 6 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 ' 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. 9 4. This Conditional Use Permit is granted retroactively for a period often (10) years from 10 April 3, 2007 through April 2, 2017. 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 12 herein have not been met. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 13 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 , r 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 16 is no limit to the number of extensions the Planning Commission may grant. 17 5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 1 o 19 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 20 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. 6553 on the property. Said Notice of Restriction 22 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 23 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 24 showing of good cause by the Developer or successor in interest. If a Notice of jt. Restriction is not recorded by August 6, 2009, this approval shall become null and void. 26 Engineering: 27 7. Developer shall comply with the City's Storm water 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 PC RESO NO. 6553 -3- silt runoff during construction, general housekeeping practices, pollution prevention and 2 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or 3 storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.4 5 NOTICE 6 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." 8 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 9 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 1 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 12 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 15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6553 -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 May 6, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MARTELTB. MONTGOMERY, Unperson CARLSBAD PLANNING COMMftflON ATTEST: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery DON NEU Planning Director PCRESONO. 6553 -5-