HomeMy WebLinkAbout2004-01-21; Planning Commission; Resolution 55141
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PLANNING COMMISSION RESOLUTION NO. 5514
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MUNICATIONS FACILITY ON PROPERTY GENERALLY
LOCATED AT CALAVERA HILLS COMMUNITY PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 7.
CONDITIONAL USE PERMIT TO ALLOW A TELECOM-
CASE NAME: SPRINT PCS-CALAVERA HILLS COM-
CASE NO.: CUP 01-09
WHEREAS, Sprint PCS, “Developer,” has filed a verified application With the
MUNITY PARK
City of Carlsbad regarding property owned by City of Carlsbad, “Owner,” described as
All that portion of Lot “J” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823 filed in the Office of the
County Recorder of San Diego County, on November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “D” dated December 17, 2003, on file in the Carlsbad
Planning Department, SPRINT PCS-CALAVERA HILLS COMMUNITY PARK - CUP 01-
09, as provided by Chapter 21.42 andor 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of December 2003
and on the 21st day of January 2004 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:
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A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
CUP 01-09 - based on the following findings and subject to the following
conditions:
APPROVES SPRINT PCS-CALAVERA HILLS COMMUNITY PARK -
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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 General Plan Open Space (OS) land use
designation does not preclude the provision of quasi-public utility uses, and the PCS
facility is not detrimental to permitted park uses in the vicinity in that the
telecommunications facility is flush mounted to an existing light standard so that it
visually blends into the light pole and does not interfere with ball field lighting.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed telecommunication facility will utilize an existing ball field light
standard and result in only 420 square feet of additional building coverage.
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 the proposed equipment enclosure would be textured
and painted to match the existing gymnasium building to ensure architectural
compatibility. Additionally, the project has been conditioned to avoid conflicts with
park activities and programs during installation of the facility.
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 antennas will visually blend into the surface of the light standard and
do not project outward more than 18” from the pole. The block equipment
enclosure will be integrated into the architectural design by texturing and painting
to match the existing gymnasium. Although the 8’ high equipment enclosure is
located 5’ from the property line separating the park from the future Fire Station
No. 3 site, the setback standard of 8’ is not applicable because it is not adjacent to a
residentially zoned property. Performance standards for noise and lighting are
satisfied in that noise generated by equipment will be negligible and no additional
lighting is proposed. The facility will be in compliance with the FCC FU? Exposure
Guidelines, and this will be verified after installation.
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
PC RES0 NO. 5514 -2-
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environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 - small new
equipment and 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.
7. 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
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 hrther condition issuance of all
hture 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.
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.
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-
PC RES0 NO. 5514 -3-
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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 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 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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 December 17,
2003 to December 16, 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
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.
Prior to the issuance of a 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 Resolution No. 5514 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.
Developer/Operator shall comply with the Federal Communication Commission's
guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields.
PC RES0 NO. 5514 -4-
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12.
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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 ,f1.1307@)(1); or (2) a project
implementation report which provides cumulative field measurements of FW 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 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 7, 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.
Project construction dates shall be limited to the following times to limit the number
of park patrons affected by the construction:
April 5 through May 2,2004
July 5 - July 25,2004 (Field #3 Closure)
During project construction, the following shall occur:
Parking lot circulation shall not be impacted.
Handicap parking signs cannot be removed during construction unless
temporary signage is provided.
Boring shall be the preferred option for installation of cable through the
parking lot.
All turf and asphalt, cement areas, irrigation, electrical and water lines that
are disturbed must be returned to their original state. Turf must be replaced
with sod.
Open trenches must be covered, fenced and signed when contractors are not
on site. (Orange fencing does not work well in foul weather or with children.)
Chain link fencing is required.
Utilities to the Community Park may not be interrupted.
Contractors shall be required to use their own generators and water tanks.
PC RES0 NO. 5514 -5-
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h) All cones, barricades and safety signs shall be maintained by the construction
company.
15. A Safety ManagerDnspector shall be assigned to the project by the developer to
ensure project/public safety. The Safety Manager shall be available during park
hours, which are 8:OO a.m. through 1O:OO p.m. daily. A contact and phone number
must be available to the Area Manager and Recreation Specialist to report hazards
that may occur during non-construction hours.
Engineering
16. The Telco facilities and appurtenances shall not be constructed on any easement
without the easement holder’s permission.
17. The Telco facilities and appurtenances shall not be constructed in any drainage area or
over any drainage structure.
Code Reminders
18. 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 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 fees/exactions of which you have previously been gken a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
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PC RES0 NO. 5514 -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 21st day of January 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
7,kLihim
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5514 -7-