HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59501
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PLANNING COMMISSION RESOLUTION NO. 5950
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF AN UNMANNED WIRELESS
COMMUNICATION FACILITY ON A 4.13 ACRE SITE
ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: STAGECOACH B VERIZON WIRELESS
LOCATED AT 7750 RANCHO SANTA FE ROAD IN THE P-C
FACILITY
CASE NO.: CUP 04-25
WHEREAS, Delta Groups Engineering agents for Verizon Wireless,
“Developer,” has filed a verified application with the City of Carlsbad regarding property owned
by SO LLC, “Owner,” described as
Parcel 2 of Parcel Map 12586 in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County on February 25, 1983,
as File No. 83-060578 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 August 3, 2005, on file in the Planning
Department, STAGECOACH B VERIZON WIRELESS FACILITY - CUP 04-25, as
provided by Chapter 21.42 and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of August 2005, 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
04-25, based on the following findings and subject to the following conditions:
APPROVES STAGECOACH B VERIZON WIRELESS FACILITY - CUP
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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 or to uses specifically permitted in the zone in which
the proposed use is to be located, in that the proposal would enhance wireless
communications in the La Costa area. Additionally, by sensitively locating the
antennas and supporting equipment in a concealed manner in non-public locations
(Le., the roof and rear yard of a commercial building), the project is not detrimental
to existing or permitted uses in its zone. Further, the proposal is in harmony with
the General Plan Local Shopping Center land use designation, which does not
preclude wireless communication facilities, and in harmony with General Plan
overall Land Use Element Goal A.2, which states, “a city which provides for an
orderly balance of both public and private land uses within convenient and
compatible locations throughout the community and ensure that all such uses, type,
amount, design, and arrangement serve to protect and enhance the environment,
character and image of the City.” The project is not located within the Coastal
Zone.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed WCF features antennas that would be mounted on the roof of an
existing building and equipment that would be installed on the ground. The rear
yard area in which the equipment is proposed is sufficient in size and shape to
accommodate the equipment and its screening wall. Besides the proposed antennas
and equipment, no other changes are proposed to the site.
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 project will be entirely screened from its
surroundings by existing and proposed improvements. Proposed antennas would be
installed on the roof and are either screened by the existing parapet walls or
concealed within them. Proposed ground-mounted equipment would be located in
the rear yard of a building and hidden from view by existing and proposed walls.
Proposed six-foot tall shrubs will soften the proposed wall’s appearance.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project generates very little traffic as it
requires only periodic routine testing and occasional visits in response to any
operational problems.
That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the project complies with the policy’s location and design guidelines
because of the project’s location in a commercial zone and stealth design; The
project also complies with or is conditioned to comply with the policy’s operation
PC RES0 NO. 5950 -2-
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guidelines in that the project noise study indicates project compliance with city noise
standards and conditions require the project enclosure wall and landscape to be
kept in good condition and for facility maintenance to occur during certain hours.
Furthermore, the project complies with policy review guidelines in that the
applicant has demonstrated that the project will comply with FCC guidelines for
general populationhncontrolled exposure limits for radio frequency (RF)
electromagnetic fields in all publicly accessible areas of the shopping center.
6. 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 fiom the requirement for the
preparation of environmental documents pursuant to Section 15303 - construction and
installation of 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.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
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; record a notice of violation on the
property title; 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.
4. 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
PC RES0 NO. 5950 -3 -
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5.
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.
6. 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 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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8. 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.
9. 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.
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10.
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This Conditional Use Permit is granted for a period of five (5) years from August 3,2005
to August 2,2010. 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.
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 by Resolution No. 5950 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.
Because the project is within 100 feet of a residential zone, all maintenance
activities, except when required due to emergencies, shall occur during hours
permitted for construction as specified in Carlsbad Municipal Code Section
8.48.010.
At all times, the equipment enclosure wall shall be maintained in good condition and
free of graffiti.
Prior to final inspection, project landscaping shall be installed in substantial
conformance with approved plans. At all times, the landscaping shall be
automatically irrigated and maintained in a healthy condition. However, should
landscaping need to be replaced, replacement plants shall be similar to the original
plants and at least six feet tall.
Enpineerinp:
15. The project, including all appurtenances, shall not be constructed on any easement
without the easement holder’s permission.
Code Reminders:
16. 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
PC RES0 NO. 5950 -5-
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Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, 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.
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 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 fees/exactions
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. 5950 -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 3rd day of August 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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