HomeMy WebLinkAbout2003-04-16; Planning Commission; Resolution 53931
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PLANNING COMMISSION RESOLUTION NO. 5393
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A WIRELESS
COMMUNICATIONS FACILITY ON PROPERTY GENERALLY
LOCATED AT 2382 FARADAY AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NO.: CUP 02-3 1
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by I & G Faraday Inc. “Owner,” described
as:
CASE NAME: SD918-03 FARADAY EXECUTIVE
A portion of Parcel A of Parcel Map 13114, in the City of Carlsbad, in the
County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, January 3, 1984, as file no. 84-001466 of
official records
(“the Property”); and
WHEREAS, said verified application constitutes’ a request for a Conditional Use
Permit as shown on Exhibits “A” - “H” dated April 16,2003, on file in the Carlsbad Planning
Department, SD918-03 FARADAY EXECUTIVE - CUP 02-31, as provided by Chapter 21.42
and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th 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 SD918-03 FARADAY EXECUTIVE - CUP 02-31, based on the
following findings and subject to the following conditions:
FindinPs:
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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 wireless communications facility will provide
better and improved access for wireless customers thereby satisfying the demand for
digital communications in the City. The Planned Industrial (P-I) 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 wireless
communications facility will be painted to match the building so that it visually
blends into the building surface.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed wireless communication facility will result in no additional
building coverage, no alteration to the existing site design and only minor alteration
to the 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 exposed facilities would be painted to match the
existing building facade to reduce their visibility to the greatest extent possible.
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 an office building is a preferred location. The antennas are stealth in
design in that they are painted to match the existing building facade to reduce their
visibility to the greatest extent possible.
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. 5393 -2-
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Conditions:
Note: Unless otherwise specifiec d herein, all conditions shall be satisfied prior to prior to
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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 fui-ther 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, fiom (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 fiom 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. 5393 -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.
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 April 16,2003
through April 15,2008. 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 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 quanti@ 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
of the Planning Director, notifjmg all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5393 on the
real property owned by the Developer. Said Notice of Restriction shall note the property
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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.
13. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from 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.
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
“fees/exactions.”
You have 90 days fkom 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.
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.
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PC RES0 NO. 5393 -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 16th day of April, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson
AD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO-MILI~R
Planning Director
PC RES0 NO. 5393 -6-