HomeMy WebLinkAbout2003-06-04; Planning Commission; Resolution 54111
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. 5411
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT CUP 03-03 TO ALLOW THE
INSTALLATION AND OPERATION OF A 45-FOOT TALL
MONOPINE WITH TWELVE PANEL ANTENNAS ON THE
OMWD DISTRICT OFFICE SITE, GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF OLIVE” ROAD AND
RANCHO SANTA FE ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: OMWD OPS CENTER
CASE NO.: CUP 03-03
WHEREAS, Cingular Wireless, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Olivenhain Municipal Water District,
“Owner,” described as
That portion of Lot 13 of the subdivision of Rancho Las
Encinitas, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 848, filed in the Office of
the County Recorder of San Diego County, June 27,1890
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “H” dated May 21, 2003, on file in the Carlsbad Planning
Department, OMWD OPS CENTER - CUP 03-03, as provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of May, 2003, and on
the 4th day of June, 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.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the Ci r of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES OMWD OPS CENTER - CUP 03-03, based on the following
findings and subject to the following conditions:
Findinm:
1.
2.
3.
4.
5.
6.
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
wireless telecommunication access for general and emergency uses; and the
proposed telecommunications facility is consistent with the uses allowed in the
Office zoning designation and is compatible with the existing office, maintenance
yard and communications uses currently on the OMWD site.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed monopine with panel antennas and associated equipment cabinets
can fit within the existing site without need for any expansion and Section 21.42.060
of the Zoning Ordinance allows for the proposed 45 foot high monopine.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted fhture uses in the neighborhood will be
provided and maintained, in that no adjustments to the existing OMWD development
are needed to accommodate the proposed monopine and equipment cabinets; the
proposed monopine design would serve to screen the panel antennas from public
view and would be a similar height to existing live trees on site; and the proposed
equipment cabinets would be located directly adjacent to an existing building and
painted to match the building exterior.
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 periodic maintenance.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated May 21, 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 service.
That the proposed wireless communication facility is consistent with Council Policy No.
64, in that the proposed monopine represents a stealth design; the proposed
equipment cabinets are to be located directly adjacent to an existing building and
PC RES0 NO. 541 1 -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
7.
8.
9.
painted to match the building exterior; the &-foot tall monopine is necessary to
accommodate the line of sight transmission needs of the facility and is allowed
through Section 21.42.060 of the Zoning Ordinance; and no additional security
lighting other than currently exists for the OMWD parking area is proposed.
The proposed project is consistent with Section 21.42.060 of the Zoning Ordinance
in that the proposed increase in height from 35 feet to 45 feet does not add any
usable floor area above the height of 35 feet; all required setbacks for the
“monopine” have been increased by ten feet; and no protrusions above the height of
45 feet are proposed.
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 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
1. 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RES0 NO. 541 1 -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
4.
5.
6.
7.
8.
9.
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.
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.
Developer shall submit to Planning Director a reproducible 24” x 36”, mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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 21,2003
to May 20, 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.
PC RES0 NO. 541 1 -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
10.
11.
12.
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 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.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
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, notifllng all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5411 on the
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:
13. 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.
14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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 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
PC RES0 NO. 541 1 -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
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of June, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
CWAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 541 1 -6-