HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65531 PLANNING COMMISSION RESOLUTION NO. 6553
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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 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
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WHEREAS, Sprint PCS, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," described
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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
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("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
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WHEREAS, the Planning Commission did, on May 6th, 2009, hold a duly
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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
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described and conditioned in Planning Commission Resolution No. 5163.
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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:
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Findings:
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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.
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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;
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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.
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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.
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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.
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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.
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Engineering:
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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."
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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.
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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.
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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-