HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 63921 PLANNING COMMISSION RESOLUTION NO. 6392
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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 POLE AND A 287
SQUARE FOOT ABOVE GROUND EQUIPMENT SHELTER
7 WITHIN THE WEST BLUFF CONDOMINIUM ASSOCIATION
PROPERTY. THE PROJECT SITE IS GENERALLY LOCATED
ALONG THE EAST SIDE OF EL CAMINO REAL BETWEEN
9 POINSETTIA LANE AND SWALLOW LANE WITHIN AN
SDG&E UTILITY EASEMENT AND IN LOCAL FACILITIES
10 MANAGEMENT ZONE 6.
CASE NAME: SDG&E STEEL POLE WCF
11 CASE NO.: CUP 06-20
12 WHEREAS, Sprint PCS, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by West Bluff Condominium Association,
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1 - "Owner," described as
16 An undivided 100% interest in and to all that portion of lot 1
of Carlsbad Tract No. 79-28, in the City of Carlsbad, County
17 of San Diego, State of California, as shown on a map thereof
No. 10067, files in the office of the San Diego County Recorder
on April 20,1981, shown and defined as "common area" on the
19 condominium plan recorded March 4, 1982 as instrument/file
No. 82-059867, of official records of said County
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("the Property"); and
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-« WHEREAS, said verified application constitutes a request for a Conditional Use
23 Permit as shown on Exhibits "A" - "J" dated March 19, 2008, on file in the Planning
24 Department, SDG&E STEEL POLE WCF - CUP 06-20, as provided by Chapter 21.42 and/or
25 21.50 of the Carlsbad Municipal Code; and
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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
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
8 B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES SDG&E STEEL POLE WCF - CUP 06-20, based on the
following findings and subject to the following conditions:
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Findings:
1- That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
13 if applicable, the certified local coastal program, specific plan or master plan, in that the
requested use is necessary and desirable for the development of the community
because of the benefit and demand for digital 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
16 Residential Low Medium Land Use designation does not preclude the provision of
Wireless Communication Facility (WCF) uses, nor is it detrimental to existing
17 permitted uses in the vicinity in that the WCF exhibits stealth design and only minor
alterations to the existing site are proposed.
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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
20 minimal as the equipment shelter has been designed to be architecturally compatible
with the surrounding residential buildings within the West Bluff Condominium
project. The one story equipment shelter is located approximately 70 feet from the
~~ nearest residential building, has been designed with building materials to match the
existing residential buildings, and is screened by landscaping to soften its
23 appearance and further reduce its visibility from the residences and general public.
The project has also been conditioned to submit an acoustical analysis complying
24 with the City's Noise Guidelines Manual to ensure that the proposed WCF noise
sources comply with City requirements and its compatibility with the existing
residences. The panel antennas are not considered detrimental to the existing uses
25 in that the six panel antennas are mounted to an existing 125 foot tall steel
transmission pole and will be painted to blend in with the existing transmission pole.
27 The panel antennas are a low-profile design that will hug the pole, and extend
outward no more than one foot from the face of the pole. The collocation of panels
on the existing transmission pole also minimizes the visual impacts of the project by
PC RESO NO. 6392 -2-
eliminating the need to install a new pole structure to achieve the needed height to
2 provide coverage.
3 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
<- planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the above ground equipment shelter complies
6 with the E-A 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 pole will reduce the visual impact of the wireless
communication facility by eliminating the need to install a new pole structure to
achieve the needed height to provide coverage. The antenna panels will be painted
9 to match and blend in with the existing transmission pole.
10 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
operational problems. Swallow Lane will be used to access the site. The existing
street system is adequate to property handle any traffic generated by the use.
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5. That the proposed wireless communication facility is consistent with City Council Policy
Statement No. 64, in that the proposed equipment shelter and antennas exhibit stealth
i r design. The equipment shelter is designed with building materials to match the
existing residential buildings, and is screened by landscaping to soften its
16 appearance and further reduce its visibility from the residences and general public.
The six panel antennas are small in scale, mounted closely to the steel-pole reducing
an outward noticeable appearance, and will be painted to match the color of the
existing transmission pole, thereby minimizing any visual impacts. Locating the
WCF on the existing SDG&E transmission pole as opposed to installing new
19 monopoles is also encouraged and consistent with City Council Policy Statement No.
64 Design Guidelines. The proposed project is located in an area listed as a
20 discouraged location in Location Guideline A.2.c. of City Council Policy Statement
No. 64. However, the applicant has demonstrated that no location in a preferred
21 zone or area as listed in Location Guideline A.I. can accommodate the proposed
facility, therefore, staff is recommending support of the WCF at this proposed
location.
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6. That the Planning Director has determined that the project belongs to a class of projects
24 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 (construction and
26 installation of small new equipment facilities or structures) - of the state CEQA
Guidelines. Additionally, as Sprint PCS must comply with FCC regulations, radio
27 frequency emissions from the proposed facility are below levels established as acceptable
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
15300.2 of the state CEQA Guidelines do not apply to this project.
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The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
7 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
10 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.
13 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
14 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.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 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
20 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
21 all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold.
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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
~, nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
27 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
28 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
2 the Site Plan reflecting the conditions approved by the final decision-making body.
3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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p 9. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
9 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
10 facilities will continue to be available until the time of occupancy.
10. 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
13 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
1, 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
16 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
17 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.
20 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
21 the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
24 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
^P>«/
26 13. CUP 06-20 shall be reviewed by the Planning Director on a yearly basis to determine if
all conditions of this permit have been met and that the use does not have a substantial
27 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
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permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
2 substantial negative effects.
3 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. 6392 on the property.
6 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
7 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
9 or successor in interest.
10 15. This approval is granted subject to the approval of SUP 08-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 6406 for this other
approval incorporated herein by reference.
12 16. Prior to issuance of the building permit, Developer shall submit an acoustical
13 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.
17. The proposed panel antennas shall be painted to match the color of the existing
16 transmission pole to the satisfaction of the Planning Director.
17 18. 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
permit may be extended for a reasonable period of time not to exceed five (5) years upon
20 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
23 substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
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Engineering;
£*3
19. The WCF or appurtenances shall not be constructed on any easement without the
easement holder's permission.
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20. The WCF or appurtenances shall not be constructed in any drainage area or over any
28 drainage structure.
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21. Developer shall comply with' the City's Storm water Regulations. Developer shall
2 implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
3 practices, pollution prevention and educational practices, maintenance procedures, and
other management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
r practicable.
6 Code Reminders;
7 22. 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
9 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
10 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.11
23. 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
13 permit issuance, except as otherwise specifically provided herein.
14 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
16 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."17
j o 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
19 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.
22 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,
23 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
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
25 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 19, 2008 by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson
Whitton
ABSENT: Commissioners Dominguez and Montgomery
ABSTAIN:
ANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
At?
x*50N NEU
Planning Director
PC RESO NO. 6392 -8-