HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53861
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PLANNING COMMISSION RESOLUTION NO. 5386
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT CUP 02-21 TO ALLOW THE
INSTALLATION OF A MONO-PALM WITH TWELVE
ANTENNAS AND AN ASSOCIATED EQUIPMENT AREA ON
PROPERTY GENERALLY LOCATED AT 4901 EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HOFFMAN CINGULAR
CASE NO.: CUP 02-21
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Jay Franklin Hoffman and Maryon
Dooley Hoffman, “Owner,” described as
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 Parcel Map filed on page 3451 of Parcel Maps on
January 31,1975 (APN 207-101-28)
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “E” dated April 2, 2003, on file in the Carlsbad Planning
Department, HOFFMAN CINGULAR - CUP 02-21, as provided by Chapter 21.42 and 21.50
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of April, 2003, 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 HOFFMAN CINGULAR - CUP 02-21, based on the following
findings and subject to the following conditions:
Findinw:
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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 because of
the demand for mobile voice and data transmissions and the site’s residential-
agricultural 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 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. To minimize potential visual impacts
created by the project, the project has been designed as a mono-palm and will be
surrounded by mature palm trees which will aid in creating a natural appearance
when viewed from El Camino Real and the existing equipment area is adequately
screened by existing vegetation.
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 April 2, 2003 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 facility will replace an existing mono-pole with a new “stealth” mono-
palm and the facility will be designed to accommodate a second carrier.
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 15301 -minor alteration of
existing private 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 apply to this project.
PC RES0 NO. 5386 -2-
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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:
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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
fbture 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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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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 (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad 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 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits, including, but not limited to the following:
This approval is granted subject to the approval of SUP 02-10 and CDP 02-40 and is
subject to all conditions contained in Resolutions No. 5387 and 5388 for those other
approvals incorporated herein by reference.
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.
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.
The new mono-palm antenna structure shall be installed and operational no later
than 24 months from the date of project approval. The existing mono-pole may
remain onsite to ensure that uninterrupted service is provided for Cingular
customers until the new mono-palm antenna structure is operational.
This Conditional Use Permit is granted for a period of five (5) years from April 2,2003
through April 1,2008. 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
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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.
15. DeveloperDperator 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 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.
16. Prior to issuance of a building permit, the developer shall record a 40’ diameter
open space easement around the base of the mono-palm.
Landscape
17. The Developer shall install two Canary Island Date Palms as shown on the approved
drawings. The precise location shall be subject to the approval of the Planning
Department. Installation of the palms and retrofit of the existing irrigation system
shall be subject to inspection and approval of the Planning Director’s designee. The
Developer shall construct and install all landscaping as shown on the plans, and maintain
all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
18. 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, Special Use Permit, and Coastal
Development Permit by Resolutions No. 5386, 5387 and 5388 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:
19. No structures shall be placed on an easement without the easement holder’s
permission.
PC RES0 NO. 5386 -5-
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Code Reminders:
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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 1 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.
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
“feedexactions.”
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.
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PC RES0 NO. 5386 -6-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
LANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5386 -7-