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HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59501 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. 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. 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 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 1. 2. 3. 4. 5. 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 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 - 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 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. 7. 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. PC RES0 NO. 5950 -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. 13. 14. 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- 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 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. ... ... ... ... ... PC RES0 NO. 5950 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 2'; 22 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 PC RES0 NO. 5950 -7-