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Home My WebLink About2010-09-01; Planning Commission; Resolution 67221 PLANNING COMMISSION RESOLUTION NO. 6722 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO 4 ALLOW CLEAR WIRELESS TO CONSOLIDATE 6 OF 9 5 EXISTING SPRINT/NEXTEL ANTENNAS TO 3 SPRINT/NEXTEL IDEN ANTENNAS AND TO ADD 3 NEW 6 CLEAR WIRELESS WIMAX ANTENNAS, 3 DAP, HEAD UNITS AND 3 DIRECTIONAL ANTENNAS FOR A TOTAL OF 7 12 ANTENNAS MOUNTED ON AN EXISTING 32 FOOT TALL MONO-PALM AND FOR THE ADDITION OF ONE CLEAR 8 WIRELESS RACK WITHIN AN EXISTING EQUIPMENT 9 SHELTER LOCATED AT 4901 EL CAMINO REAL IN THE R- A-10,000 AND C-2-Q/C-2 ZONES AND IN LOCAL FACILITIES 10 MANAGEMENT ZONE 1. CASE NAME: CA-SDG5657- MARJA ACRES 11 CASE NO.: CDP QO-58(A) 12 WHEREAS, Clear Wireless, LLC, "Developer," has filed a verified application 13 with the City of Carlsbad regarding property owned by Mr. and Mrs. Jay Hoffman, "Owners," 14 described as 16 Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31,1975, in the 17 Office of the County Recorder of San Diego County, and that portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of San Diego, State of California, as in shown on Parcel Map filed on page 3451 of Parcel Maps on January 31,1975, under file No. 75-023997 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 23 Development Permit Amendment as shown on Exhibits "A"-"G" dated September 1, 2010, on 24 file in the Planning Department, CA-SDG5657 MARJA ACRES - CDP 00-58(A), as provided 25 by Chapter 21.201.040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on September 1, 2010, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and28 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 CDP Amendment. 4 5 WHEREAS, on April 4, 2001, the Planning Commission approved CDP 00-58, as 6 described and conditioned in Planning Commission Resolution No. 4931. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 1! APPROVES CDP 00-58(A) - CA-SDG5657 MARJA ACRES based on the j2 following findings and subject to the following conditions which shall supersede any pervious conditions: 13 Findings: 14 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the City zoning i /- ' and General Plan land use designations are consistent with the LCP Land Use Plan and zoning designations which permit this type of use subject to approval of a 17 Conditional Use Permit Amendment. 18 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and 2Q the site is not suited for water-oriented recreational activities. 21 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 22 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 24 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, 25 floods, or liquefaction. 26 4. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, 28 certified September 1990 and, Agriculture Conversion Mitigation Fees are not PC RESO NO. 6722 -2- required in accordance with the provisions of the Coastal Agriculture Overlay Zone 2 (Chapter 21.202 of the Zoning Ordinance). 3 5. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline 4 Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 6. That the proposed wireless communication facility is consistent with Council Policy No. g 64, in that, in that although the facility's antennas are located in the R-A-10,000 (Residential Agriculture - 10,000 square foot minimum lot area) zone, a 7 "discouraged" location, the developer has demonstrated that no feasible alternative site exists within a "preferred" location that can achieve the required WCF ° coverage objectives as its current location. Furthermore, the existing 32 foot tall g mono-palm exhibits "stealth" design through painting the antennas green and concealing the existing and proposed antennas within existing and newly proposed 10 palm fronds and has been re-designed to allow for Clear Wireless to collocate onto the existing mono-palm. The mono-palm is also surrounded by existing palm trees 11 of varying heights to further blend in with the natural settings. The proposed equipment rack is fully concealed within an existing Sprint/Nextel equipment shelter. The proposed project also meets all applicable development standards of 13 the underlying zone(s) with the approval of a Conditional Use Permit Amendment and complies with the Federal Communication Commission (FCC) Radio Frequency 14 Exposure Guidelines. 15 7. 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 from the requirement for the 17 preparation of environmental documents pursuant to Sections 15301(e) "Additions to Existing Facilities" of the state CEQA Guidelines. In making this determination, the 18 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 8. 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 2\ 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. 22 Conditions: 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 2g 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 PC RESO NO. 6722 -3- property title; institute and prosecute litigation to compel their compliance with said 2 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 Coastal Development Permit 3 Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections ^ and modifications to the Coastal Development Permit Amendment 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. 6 Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 66020. If any such condition is determined to be invalid, this approval shall be invalid 12 unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 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 16 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether 17 discretionary or nondiscretionary, 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 in 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 20 approval is not validated. 21 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. 23 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 26 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 27 Plan prior to the issuance of building permits. ™ 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 PC RESO NO. 6722 -4- adequate water service and sewer facilities, respectively, are available to the project at the 2 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. 3 10. This approval is granted subject to the approval of SUP 00-11(A) and CUP 00-32xl(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6723 c and 6724 for those other approvals incorporated herein by reference. 6 11. The applicant shall apply for and be issued building permits for this project within 36 months of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. o 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 9 #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 10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, 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. 13 13. Prior to the issuance of the building permits, 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(n) Coastal Development Permit Amendment by Resolution(s) 16 No. 6722 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 17 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. 20 NOTICE 21 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 22 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 23 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 25 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 26 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 27 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, PC RESO NO. 6722 -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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 1, 2010, by the following vote, to wit: AYES: NOES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher ABSENT: Chairperson Douglas ABSTAIN: STEPHETrHAP" L'HETJREUX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: )Sbw / \£4A DON NEU Planning Director PC RESO NO. 6722 -6-