HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 63901 PLANNING COMMISSION RESOLUTION NO. 6390
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 INSTALLATION, OPERATION, AND MAINTENANCE OF AN
5 UNMANNED WIRELESS COMMUNICATION FACILITY
CONSISTING OF SIX (6) PANEL ANTENNAS MOUNTED TO
6 AN EXISTING SDG&E TRANSMISSION TOWER AND
CONSTRUCTION OF A 77 SQUARE FOOT UNDERGROUND
7 EQUIPMENT VAULT. THE PROJECT SITE IS GENERALLY
LOCATED ALONG THE NORTH SIDE OF CARLSBAD
8 VILLAGE DRIVE, JUST EAST OF ANN D. L'HEUREUX
9 MEMORIAL DOG PARK, WITHIN AN SDG&E UTILITY
EASEMENT IN LOCAL FACILITIES MANAGEMENT ZONE 2.
10 CASE NAME: DOG PARK WCF
CASE NO.: CUP 07-0111
12 WHEREAS, T-Mobile, "Developer," has filed a verified application with the City
13 of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as
14 Lot 68 of Carlsbad Tract No. 74-4, in the City of Carlsbad,
1 <. County of San Diego, State of California, according to Map
thereof No. 10128, filed in the office of the County Recorder of
16 San Diego County, June 25,1981
17 Being a portion of Lot "J" in Rancho Agua Hedionda, in the
County of San Diego, State of California, according to the
portion thereof No. 823, filed in the office of the County
in Recorder of said San Diego County on November 26, 1886,
described in quitclaim deed to Robert A. Conner, recorded
20 September 21, 1970 as file No. 170873, on file in said office of
the County Recorder, that is within the following described
21 boundary: Beginning at the most southeasterly corner of the
~~ procedure of survey boundary as shown on Carlsbad Tract 72-
21, Unit No. 1, according to Map thereof No. 7651, filed in the
23 office of the County Recorder of said San Diego County.
24 ("the Property"); and
75 WHEREAS, said verified application constitutes a request for a Conditional Use
26 Permit as shown on Exhibits "A" - "G" dated March 19, 2008, on file in the Planning
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Department, DOG PARK WCF - CUP 07-01, as provided by Chapter 21.42 and/or 21.50 of the
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Carlsbad Municipal Code; and
1 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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r and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CUP.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
g
Commission of the City of Carlsbad as follows:
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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
1! APPROVES DOG PARK WCF - CUP 07-01, based on the following findings
12 and subject to the following conditions:
13 Findings;
14 l. 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
16 proposed use is located, in that the requested use is necessary and desirable for the
development of the community because of the benefit and demand for digital
17 communications and data transmissions for businesses, individuals, public agencies
and emergency service systems. The proposed use is consistent with the General
Plan in that the Open Space Land Use designation does not preclude the provision
j9 of Wireless Communication Facility (WCF) uses, nor is it detrimental to existing
permitted uses in the vicinity in that the WCF exhibits stealth design and only minor
20 alterations to the existing site are proposed.
21 2. That the requested use 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 visual impacts will be
minimal as the proposed equipment vault has been designed completely below
23 ground and exhibits stealth technology. The equipment vault is located
approximately 115 feet from the nearest residential property line and will not be
24 visible from the surrounding residences. Landscaping is proposed around the vault
to screen the HVAC intake/exhaust vents and electrical meter pedestal. The project
has also been conditioned to submit an acoustical analysis complying with the City's
26 Noise Guidelines Manual to ensure that the proposed WCF noise sources comply
with City requirements and its compatibility with the existing residences. The panel
27 antennas are not considered detrimental to the existing residential uses in that the
six panel antennas are mounted to an existing 116 foot tall steel lattice transmission
2° tower. The six panel antennas are small in scale, mounted closely to the tower
reducing an outward noticeable appearance, and will be painted to match the color
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of the existing transmission tower, thereby minimizing any visual impacts. The
2 collocation of panels on the existing transmission tower also minimizes the visual
impacts of the project by eliminating the need to install a new pole structure to
3 achieve the needed height to provide coverage.
That the site for the proposed conditional use is adequate in size and shape to
c accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
6 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the underground equipment vault complies
with the OS Zone development standards, exhibits stealth design, and is screened by
landscaping to further reduce its visibility from public view. The location of the
panel antennas on the transmission tower will reduce the visual impact of the WCF
9 by eliminating the need to install a new pole structure to achieve the needed height
to provide coverage. The antenna panels will be closely mounted to the tower and
10 painted to match and blend in with the existing transmission tower.
4. 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
13 operational problems. The existing concrete driveway located within the SDG&E
utility easement will be used to access the site. The existing street system is adequate
to property handle any traffic generated by the use.
5. That the proposed wireless communication facility is consistent with City Council Policy
16 Statement No. 64, in that the proposed installation of the equipment vault is entirely
below grade, exhibits stealth design, is screened with landscaping, and will not be
visible to the public. The six panel antennas are small in scale, mounted closely to
the tower reducing an outward noticeable appearance, and will be painted to match
the color of the existing transmission tower thereby minimizing any visual impacts.
19 The transmission tower and proposed antennas are located approximately 150 feet
from the nearest residential property line and are partially screened by large
20 mature trees, approximately 30 to 50 feet in height, that will further reduce any
visual impacts. The collocation of the WCF on the existing SDG&E transmission
tower as opposed to installing new monopoles is also encouraged and consistent with
~~ City Council Policy Statement No. 64 Design Guidelines. The proposed project is
located in a residential area listed as a discouraged location in Location Guideline
23 A.2.c. of City Council Policy Statement No. 64. However, the applicant has
demonstrated that no location in a preferred zone or area as listed in Location
24 Guideline A.I. can accommodate the proposed facility, therefore, staff is
recommending support of the WCF at this proposed location.
£ mJ
26 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
27 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 (construction and
installation of small new equipment facilities or structures) - of the state CEQA
Guidelines. Additionally, as T-Mobile must comply with FCC regulations, radio
PC RESO NO. 6390 -3-
frequency emissions from the proposed facility are below levels established as acceptable
2 by the FCC, and are therefore not considered a health hazard. In making this
determination, the Planning Director has found that the exceptions listed in Section
3 15300.2 of the state CEQA Guidelines do not apply to this project.
4 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.
7 Conditions:
° Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
10 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
13 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
14 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.
i /- 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
17 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.
19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
20 regulations in effect at the time of building permit issuance.
21 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
23 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
24 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
27 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,
28 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
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(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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, 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
7 ? Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities,o
9 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 2 Local Facilities Management Plan and any amendments made to that
10 Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency providing
12 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
13 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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1 <. 10. Developer/Operator shall comply with the Federal Communication Commission's
guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields.
16 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
17 (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
19 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
20 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
21 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.
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11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
24 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
2^ condition, free from weeds, trash, and debris.
27 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
™ project's building, improvement, and grading plans.
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13. CUP 07-01 shall be reviewed by the Planning Director on a yearly basis to determine if
2 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
3 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
c substantial negative effects.
6 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
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. 6390 on the property.
9 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
10 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 15. Prior to issuance of the building permit, Developer shall submit an acoustical
analysis complying with the City requirements of the Carlsbad Noise Guidelines
Manual to ensure that the proposed WCF noise sources will comply with the 60
.,. dB(A) exterior noise level as measured from the nearest residential property line.
15 16. The proposed panel antennas shall be painted to match the color of the existing
transmission tower to the satisfaction of the Planning Director.
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17. This Conditional Use Permit is granted for a period of five (5) years from March 19,
2008 to March 18, 2013. 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
20 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.
21 The Planning Commission may not grant such extension, unless it finds that there are no
22 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
23 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
24 Planning Commission may grant.
Engineering:
26 18. Developer shall comply with the City's Stormwater Regulations. Developer shall
27 implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
practices, pollution prevention and educational practices, maintenance procedures, and
other management practices or devices to prevent or reduce the discharge of pollutants to
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stormwater, receiving water or stormwater conveyance system to the maximum extent
2 practicable.
3 19. Prior to issuance of building permits, Developer shall provide written permission .from
SDG&E regarding the facilities proposed on this site plan.
4
<- 20. Developer shall prepare and submit for a utility easement from the City to encompass the
proposed facility shown on the site plan. The granting of said easement is subject to
6 approval by City Council action.
7 21. Developer shall apply for and obtain a Right-of-Way (ROW) permit for any work
proposed within the public right-of-way or City property.8
9 22. In the event this Conditional Use Permit is revoked or the facility is no longer required,
Developer is responsible to remove all associated infrastructure to the satisfaction of the
10 City Engineer, Building Official and SDG&E.
23. In the event this Conditional Use Permit is revoked or the facility is no longer required,
Developer shall quitclaim the utility easement back to the City.
13 24. Developer shall apply for a stormwater permit to comply with the current stormwater
requirements the satisfaction of the City Engineer.
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Code Reminders:
25. 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
17 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 2, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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26. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23 27. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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1 NOTICE
2
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
6 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,
10 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
11 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on March 19, 2008 by the following vote,
15 to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson
17 Whitton
18 NOES:
19 ABSENT: Commissioners Dominguez and Montgomery
20 ABSTAIN:
21
22
23
/FRANK WHITTON, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 „
ATTEST:
26
27 v~—^ / I if / I w28 ' " ^~ ^-
Planning Director
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