HomeMy WebLinkAbout2000-08-16; Planning Commission; Resolution 48241
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PLANNING COMMISSION RESOLUTION NO. 4824
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT CUP 99-27 TO ALLOW A
WIRELESS TELECOMMUNICATIONS FACILITY ON THE
DEVELOPED COMMERCIAL SITE GENERALLY LOCATED
AT 760 MACADAMIA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: MACADAMIA WIRELESS SITE
CASE NO.: CUP 99-27
WHEREAS, AT&T Wireless Services, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by John Tohidi, “Owner,”
described as
Lots 9 and 10 of Carlsbad Tract No. H-0.5, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 10899, filed in the Office of the County
Recorder of San Diego County, April 11,1984.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A”- “D” dated August 16, 2000, on file in the Carlsbad Planning
Department, MACADAMIA WIRELESS SITE - CUP 99-27, as provided by Chapter 2 1.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of August, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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 Conditional Use Permit,
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES MACADAMIA WIRELESS SITE - CUP 99-27, based on the
following findings and subject to the following conditions:
Findings:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the community benefits of wireless communications
include improved telecommunications service for emergency services and
individuals; the potential for visual impact is minimised since antenna are
integrated into a flagpole structure, or “stealth,” and equipment is enclosed in an
architecturally integrated structure in a landscaped area; the site’s land use
designation does not preclude the provision of quasi-public utility uses; and the
installation will not interfere with existing commercial activities.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the installation will not interfere with commercial activities since the antenna
and equipment are located in non-activity, landscaped area and that with the
installation in the planter the landscape standards still are met.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the antennas are incorporated into a flagpole
structure and the equipment is within an enclosure which will be architecturally
compatible with the main building.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate additional
vehicle trips beyond that necessary for occasional maintenance.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303, installation of small
new equipment and facilities in small structures, 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 apply to this project,
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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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
revoke or modify all approvals herein granted; deny or fmther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the City a reproducible 24” x 36,” mylar copy of the Site
Plan reflecting the conditions approved by the final decision making body.
This project shall comply with all conditions and mitigation measures that are required as
part of the Zone 22 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
A. 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 a substantial negative effect on surrounding properties or
PC RESO NO. 4824 -3.
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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.
B. This Conditional Use Permit is granted for a period of 5 years. 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 herein have not been met. This permit may be
extended for a reasonable period of time not to exceed 5 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 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 is no
limit to the number of extensions the Planning Commission may grant.
The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions.
Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
radio frequency (EMF) power densities of all antennas installed at the subject site. The
report shall quantify the EMF emissions and compare the results with currently accepted
ANSI/IEEE standards. Said report shall be subject to review and approval by the
Planning Director for consistency with the Project’s preliminary proposal report and the
accepted ANSI/IEEE standards. If on review, the City finds that the Project does not
meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County 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(n)
Conditional Use Permit by Resolution(s) No. on the real property owned by the
Developer. 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 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.
All installations approved under this conditional use permit shall comply with the
requirements (including but not limited to height limitations and minimum
setbacks) of the City Zoning Ordinance and Specific Plan 186.
Prior to the issuance of any building permit the applicant shall submit exhibits
which demonstrate, to the satisfaction of the Planning Director, that the exterior of
the equipment enclosure shall be made architecturally compatible with the main
building through the use of stucco exterior finish and paint.
PC RESO NO. 4824 -4-
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In order for CUP 99-27KDP 99-54 to remain valid, the flag pole installation shall be
used on a daily basis for display of the flag. The display of a corporate flag, or other
advertising devise, is not authorized under this approval. Flag display shall comply
with officially recognized flag display protocols except that any illumination of the
flag shall require additional review by the Planning Commission through a future
amendment to this Conditional Use Permit.
No site landscaping shall be removed as a part of this project other than that
necessary to accommodate installation of the ground-mounted equipment/
equipment enclosure. Trees adjacent to the flagpole installation shall not be
removed, but may be trimmed. Trees shall not be trimmed beyond that point
necessary to ensure adequate operations of the antennae as demonstrated to the
satisfaction of the Planning Director.
The size of the flag to be displayed shall be proportional to the flagpole height and
width and no smaller than 5 feet by 8 feet and no larger than 6 feet by 10 feet.
This approval is granted subject to the approval of CDP 99-54 and is subject to all
conditions contained in 4825 for that other approval.
Engineering:
The developer shall pay all current fees and deposits required.
The telecommunications equipment shall not be constructed on any easement
without the easement holder’s permission.
The telecommunications equipment shall not be constructed in any drainage area or
over any drainage structure.
Code Reminders:
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Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
This approval shall become null and void if building permits are not issued for this
project within two years from the date ofproject approval,
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PC RESO NO. 4824 -5-
1 NOTICE
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3 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
4 “fees/exactions.”
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 tile 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.
9 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, 10 zoning, grading or other similar application processing or service fees in connection with this
11 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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 16th day of August, 2000, by the
15 following vote, to wit:
16 AYES: Chairperson Compas, Commissioners Baker, Heineman,
17 L’Heureux, Nielsen, and Trigas
18 II NOES: Commissioner Segall
ABSENT:
ABSTAIN:
23 /,Lnys?N
WILLIAM COMPAS, Chairperson J
24 CARLSBAD PLANNING COMMISSION
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28 MICHAEL J. HtiZMRLER
Planning Director
PC RESO NO. 4824 -6-
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