HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53941
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PLANNING COMMISSION RESOLUTION NO. 5394
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MUNICATIONS FACILITY ON PROPERTY GENERALLY
LOCATED AT 2200 FARADAY AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: SPRINT FARADAY
CONDITIONAL USE PERMIT TO ALLOW A TELECOM-
CASE NO.: CUP 02-33
WHEREAS, Sprint PCS Assets, L.L.C., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by EQBP-1, LLC, “Owner,”
described as:
Lots 44 and 45 of Carlsbad Tract No. 85-24, Unit No. 3, in the County
of San Diego, State of California, according to map thereof 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” - “I” dated April 2, 2003, on file in the Carlsbad Planning
Department, SPRINT FARADAY - CUP 02-33, as provided by Chapter 21.42 andor 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 SPRINT FARADAY - CUP 02-33, 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 telecommunications facility will provide better and
improved wireless access for wireless customers thereby satisfying the demand for
digital communications in the City. The Planned Industrial (PI) land use
designation does not preclude the provision of quasi-public utility uses, nor is the
project detrimental to permitted uses in the vicinity in that the telecommunications
facility will be entirely concealed behind an existing rooftop screen wall.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed telecommunication facility will result in no additional building
coverage and no alteration to the existing site or architectural design.
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 all proposed facilities will be entirely screened by an
existing rooftop screen wall.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the use generates very little traffic, requiring
only routine monthly maintenance visits and occasional visits in response to
operational problems.
That the proposed wireless communication facility is consistent with Council Policy No.
64, in that the proposed installation of antennas and equipment cabinets that are
entirely screened on the rooftop of an existing industrial building in the C-M Zone
complies with design guidelines calling for stealth designs that are preferably
located in the industrial zones.
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.
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.
PC RES0 NO. 5394 -2-
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Conditions:
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Unless otherwise specified herein, all conditions shall be satisfied prior to prior to
issuance of building permits.
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)
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.
PC RES0 NO. 5394 -3-
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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 pennit 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 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
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 Developer/Operator shall submit to the Planning Director either
(1) verification that the project is categorically excluded from having to detennine
compliance with the RF exposure guidelines per 47 CFR $l.l307(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.
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
PC RES0 NO. 5394 -4-
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of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5394 on the
real property. 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. 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.
15. 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
“feedexac tions.”
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. 5394 -5-
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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
ATI'EST:
MICHAEL J. &X!ZM&&ER
Planning Director
PC RES0 NO. 5394 -6-