Loading...
HomeMy WebLinkAbout2008-03-19; Planning Commission; Resolution 63921 PLANNING COMMISSION RESOLUTION NO. 6392 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 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 13 City of Carlsbad regarding property owned by West Bluff Condominium Association, 14 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 20 ("the Property"); and 21 -« 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 26 WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 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 3 relating to the CUP. 4 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: 10 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. 1 o 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. 13 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. 23 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. PC RESO NO. 6392 -3- 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. PC RESO NO. 6392 -4- 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. 7 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. 23 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 PC RESO NO. 6392 -5- 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. 24 Engineering; £*3 19. The WCF or appurtenances shall not be constructed on any easement without the easement holder's permission. 27 20. The WCF or appurtenances shall not be constructed in any drainage area or over any 28 drainage structure. PC RESO NO. 6392 -6- 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 15 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. 26 27 28 PC RESO NO. 6392 -7- 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 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-