HomeMy WebLinkAbout2002-03-06; Planning Commission; Resolution 51501
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PLANNING COMMISSION RESOLUTION NO. 5150
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MUNICATIONS FACILITY ON PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF FARADAY AVENUE AND
VAN ALLEN WAY IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: CINGULAR @ THE ISLAND
CASE NO.: CUP 01-30
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Lichter-Saterlee Retail 73, LLC.,
“Owner,” described as
CONDITIONAL USE PERMIT TO ALLOW A TELECOM-
Lot 73 of Carlsbad Tract No. 85-24, Unit No. 4, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 11811, filed in the Office of the County
Recorder of San Diego County, May 19,1987
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “F” dated March 6, 2002, on file in the Carlsbad Planning
Department, CINGULAR @ THE ISLAND - CUP 01-30, as provided by Chapter 21.42 and
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of March, 2002, 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 CUP.
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 CINGULAR @ THE ISLAND - CUP 01-30, based on the
following findings and subject to the following conditions:
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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 that the community benefits of wireless
communications include improved telecommunications service for emergency
services and individuals; the use is integrated into the existing commercial building
and requires no significant changes to the site design or function; and, the site’s
Heavy Commercial - Limited Industrial zoning designation does not preclude the
provision of quasi-public utility uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the antennas will be mounted within a structure and the equipment is located
behind a new equipment enclosure which meets all setback requirements and does
not conflict with parking or circulation.
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 panel antennas are located behind an opaque
screen within a tower and building parapet. The equipment enclosure will be
located within the buildable portion of the lot, within all required setbacks, and will
be constructed of materials and colors similar to the existing 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 service.
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 fiom the requirement for the
preparation of environmental documents pursuant to Section 15303, which exempts the
construction and installation of small new equipment facilities or 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.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that it is a use that will not be
impacted by airport operations since it is an unmanned facility and is not of a height
which will affect air traffic. The project is compatible with the projected noise levels of
the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
proposed land use is compatible with the airport, in that it is an unmanned facility.
PC RES0 NO. 5150 -2-
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7. That the proposed building addition will not have a third habitable level; the
setback from College Boulevard is 45 feet which is 15 feet greater than typically
required and the 15 additional feet is greater than required for the proposed three
foot height over 35 feet; the building addition must comply with the Uniform
Building Code; and the building addition will not be greater than 45 feet in height.
8. 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.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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 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; 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 DeveloperDperator 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)
PC RES0 NO. 5150 -3-
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6.
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DeveloperDperator’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 Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Approval is granted for CUP 01-30 as shown on Exhibits “A” - “F”, dated March 6,
2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
This Conditional Use Permit 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 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.
This Conditional Use Permit is granted for a period of 5 years from March 6,2002 to
March 5, 2007. 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 shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
PC RES0 NO. 5150 -4-
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14.
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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, notifylng all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 5150 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.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed fiom view and the sound buffered fiom adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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.
Code Reminders
18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), 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 5, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
19. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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PC RES0 NO. 5150 -5-
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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.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
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.
You are hereby FURTHER NOTIFIED ‘that your right to protest the specified feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of March, 2002, by the
following vote, to wit:
AYES : Chairperson Trigas, Commissioners, Dominguez, Heineman,
Nielsen, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chderson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HWZMIIYER
Planning Director
PC RES0 NO. 5 150 -6-