HomeMy WebLinkAbout2002-08-07; Planning Commission; Resolution 52551
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PLANNING COMMISSION RESOLUTION NO. 5255
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
INSTALLATION OF TWELVE PANEL ANTENNAS, ONE
MICROWAVE DISH, ONE GPS ANTENNA AND EQUIPMENT
CABINETS ON THE CALLAWAY GOLF BUILDING ON
PROPERTY LOCATED AT 2180 RUTHERFORD ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: CALLAWAYNERIZON WIRELESS
CASE NO.: CUP 02-06
WHEREAS, Verizon Wireless, “Developer”, has filed a verified application with
CONDITIONAL USE PERMIT CUP 02-06 TO ALLOW THE
the City of Carlsbad regarding property owned by Callaway Golf, “Owner”, described as
Parcel 1: That portion of Lots 38 and 40 and all of Lot 39 of
Carlsbad Tract No. 81-10, Unit No. 2-A, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 11134, filed in the Office of the County
Recorder of San Diego County, January 31,1985.
Parcel 2: That portion of Lot 40 of Carlsbad Tract No. 81-10,
Unit No. 2-A, according to Map thereof No. 11134, as filed in
the Office of the County Recorder of San Diego County,
January 31, 1985, and also that portion of Lot 9 of Carlsbad
Tract No. 81-10, Unit No. 1, according to map thereof No.
10330, as filed in the Office of the County Recorder of San
Diego County, February 18,1982.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “F” dated August 7, 2002, on file in the Carlsbad Planning
Department, CALLAWAYNERIZON WIRELESS - CUP 02-06, as provided by Chapter
21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did,.on the 7th day of August 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.
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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 Commission
APPROVES CALLAWAYNERIZON WIRELESS - CUP 02-06, 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 proposed use benefits the community by providing
better and improved wireless access for Verizon customers and the
commercialhdustrial designation of the site makes it a desirable location for the
proposed facility.
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 future 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. The proposed equipment cabinets and
microwave dish antenna will be painted to match the existing building color and the
panel antennas will be mounted behind the fiberglass screen walls. The antennas
and equipment cabinets will not be visible from the street.
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 August 7,2002 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 on the roof of an existing industrial
building in a commercial/ industrial area will not have any adverse visual impacts
and the location of the antennas and the equipment cabinets is such that it will not
be visible from the surrounding properties and streets.
PC RES0 NO. 5255 -2-
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7. 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.
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 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)
PC RES0 NO. 5255 -3-
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6.
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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.
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.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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 24 months from 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 August 7,2002
through August 6,2007. 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.
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 DeveloperDperator shall submit to the Planning Director either
(1) verification that the project is categorically excluded from having to determine
PC RES0 NO. 5255 -4-
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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 quantify 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 modify this
conditional use permit.
13. 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, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolutions No. 5255 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.
Code Reminders:
14.
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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 taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
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 fees/exactions. 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.
PC RES0 NO. 5255 -5-
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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 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
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of August 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5255 -6-