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HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 51951 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 PLANNING COMMISSION RESOLUTION NO. 5195 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING INSTALLATION OF THREE SECTORS OF FOUR PANEL ANTENNAS AND EQUIPMENT ENCLOSURE ON AN EXISTING BUILDING ON PROPERTY GENERALLY LOCATED AT 720 MACADAMIA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: NEXTEL WIRELESS TELECOM FACILITY CASE NO.: CUP 02-04 WHEREAS, Nextel of California, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Pinnacle Carlsbad, LLC, “Owner”, described as CONDITIONAL USE PERMIT CUP 02-04 TO ALLOW THE Lot 9 and 10 of Carlsbad Tract No. 81-5 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” - “C” dated May 15,2002, on file in the Carlsbad Planning Department, NEXTEL WIRELESS TELECOM FACILITY - CUP 02-04, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of May 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 al1,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. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES NEXTEL WIRELESS TELECOM FACILITY - CUP 02-04, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 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 proposed use benefits the community by providing better and improved wireless access for Nextel customers and the site’s commercial land use 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 project meets all City standards and policies without the need for a variance from standards. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted fbture uses in the neighborhood will be provided and maintained, in that no adjustments are necessary to allow the proposal to be located within the project boundaries. To minimize potential visual impacts created by the project, the antennas will be installed within the parapet wall and will not be visible from outside. The equipment enclosure is also designed as such that it seems as an extension of the building and is painted to match the exterior of the 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 regular maintenance. The Planning Commission finds that the project, as conditioned herein, is in conformance with the City’s General Plan, based on the facts set forth in the staff report dated May 15,2002 and recognizing that telecommunications are an integral part of the built environment defined by the General Plan and that telecommunications facilities are necessary and essential for the provision of the service. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the proposed installation of antennas within the parapet wall will not have any adverse visual impacts and the design of equipment enclosure is such that it seems as an extension of the subject building. 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 - new construction or conversion of 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. PC RES0 NO. 5 195 -2- 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 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: 1. 2. 3. 4. 5. 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 Mer 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) 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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. PC RES0 NO. 5 195 ’ -3- 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 6. 7. 8. 9. 10. 11. 12. 13. 14. 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. Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which 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. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 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 (including any applicable Coastal Commission approvals). This approval is granted subject to the approval of CDP 02-06 and is subject to all conditions contained in Resolution No. 5196 for that other approval incorporated by reference herein. This approval shall become null and void if building permits are not issued for this project within 24 months fiom the date of project approval. 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 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 five (5) years from May 15,2002 through May 14,2007. 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 five (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. PC RES0 NO. 5 195 -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 15. 16. 17. Developer/Operator shall comply with the Federal Communication Commission’s guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(l); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantifl the RF emissions and compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the Planning Director for consistency with the Project’s preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modi@ this conditional use permit. The applicant shall replace any landscaping damaged on the subject site due to the construction of equipment cabinets. Prior to the issuance of the building 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, notifjmg all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, and Coastal Development Permit by Resolutions No. 5195 and 5196 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. Enpineerinp: 18. The telecommunications facility and appurtenances shall not be constructed on any easement without the easement holder’s permission. Code Reminders: 19. 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 22 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. 20. 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 RES0 NO. 5195 -5- 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 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 fkom 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 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 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 15th day of May 2002 by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and White NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None YT SEENA TFUGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMILLER Planning Director PC RES0 NO. 5195 -6-