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HomeMy WebLinkAbout2010-09-01; Planning Commission; Resolution 67241 PLANNING COMMISSION RESOLUTION NO. 6724 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW 4 CLEAR WIRELESS TO CONSOLIDATE 6 OF 9 EXISTING s SPRINT/NEXTEL ANTENNAS TO 3 SPRINT/NEXTEL IDEN ANTENNAS AND TO ADD 3 NEW CLEAR WIRELESS 6 WIMAX ANTENNAS, 3 DAP HEAD UNITS AND 3 DIRECTIONAL ANTENNAS FOR A TOTAL OF 12 ANTENNAS 7 MOUNTED ON AN EXISTING 32 FOOT TALL MONO-PALM AND FOR THE ADDITION OF ONE CLEAR WIRELESS RACK WITHIN AN EXISTING EQUIPMENT SHELTER LOCATED AT 9 4901 EL CAMINO REAL IN THE R-A-10,000 AND C-2-Q/C-2 ZONES AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: CA-SDG5667-MARJA ACRES CASE NO.: CUP 00-32x1 (A) 11 ,2 WHEREAS, Clear Wireless, "Applicant," has filed a verified application with 13 the City of Carlsbad regarding property owned by Mr. and Mrs. Jay Hoffman, "Owner," 14 described as Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County 15 of San Diego, State of California, filed January 31,1975, in the Office of the County Recorder of San Diego County, and that 17 portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of San Diego, State of California, as shown on Parcel Map filed on page 3451 of Parcel Maps on 19 January 31,1975, under file No. 75-023997 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Conditional Use 22 Permit Amendment as shown on Exhibits "A" - "G" dated August 20, 2010, on file in the 23 Planning Department CA-SDG5667 - MARJA ACRES - CUP 00-32x1 (A), as provided by 24 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 95 WHEREAS, the Planning Commission did, on September 1, 2010, 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 amendment; and 4 WHEREAS, on April 19, 2006, the Planning Commission approved CUP 00- 6 32x1, as described and conditioned in Planning Commission Resolution No. 6053. 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 11 APPROVES CA-SDG5667 MARJA ACRES - CUP 00-32xl(A) based on the following findings and subject to the following conditions which shall supersede any pervious conditions: 13 Findings: 14 (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 15 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, 17 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 in this part of the City. The use is consistent with the General Plan in that 20 the L (Local Shopping Center) and RLM (Residential Low Medium) General Plan Land Use designations do not preclude the provision of Wireless Communication Facility (WCF) uses and the use is also consistent with the Mello II Local Coastal ~~ Program Segment as discussed in Section F of the staff report. Additionally, the proposed antennas will not exceed the length of the existing antennas and will only 23 exceed the width of the existing antennas by approximately 2.3 inches maximum. However, the antennas will be painted green and the applicant proposes fuller palm 24 frond foliage to better conceal the existing and proposed antennas. Therefore, the project's improved stealth design complies with the General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 26 That the requested use is not detrimental to existing uses or to uses specifically permitted 27 in the zone in which the proposed use is to be located in that the requested Clear Wireless WCF and modification to the existing Sprint/Nextel antennas on an existing Sprint/Nextel WCF mono-palm and all aspects of both WCFs are not detrimental to existing uses, or to uses permitted in the zone in that the amended PC RESO NO. 6724 -2- project is stealth in design and the WCF use is not precluded by the project site's C- 2 2-Q/C-2 and R-A-10,000 zoning. Furthermore, the placement of new Clear Wireless antennas and consolidation of Sprint/Nextel antennas on the existing Sprint/Nextel 3 mono-palm and the associated Clear Wireless equipment rack within the existing Sprint/Nextel equipment shelter will not result in any additional building coverage, 4 does not visually impact the existing site, and the WCF does not interfere with other <- surrounding uses. The project also complies with the Federal Communications Commission (FCC) Radio Frequency (RF) Exposure Guidelines. 6 3. That the site for the proposed conditional use is adequate in size and shape to 7 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 9 other uses in the neighborhood, in that the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, 10 parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code in that the existing mono-palm which the proposed antennas are located on is not within any of the required front, rear or side yard setbacks of 12 the R-A-10,000 zone; however, the mono-palm does exceed the 30 foot height limitation permitted by the R-A-10,000 zone at 32 feet in height at the antenna 13 radius. However, a higher elevation than allowed by the zone may be approved through a CUP issued by the Planning Commission. Therefore, with Planning 14 Commission approval of this CUP (CUP 00-32x1 (A)), the proposed antennas located on an existing 32 foot tall mono-palm will comply with the development standards of the R-A-10,000 zone. The equipment rack located within the existing equipment 16 shelter also meets all development standards of the C-2-Q/C-2 zone in that the equipment rack is below the maximum 35 foot height and is not located within any 17 of the required rear, or side yard setbacks (no front yard setback is required in this zone).18 , o 4. 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 only one trip per month 20 for maintenance and occasional emergency maintenance visits in response to operational problems. The existing street system is adequate to properly handle any 21 traffic generated by the use. 22 5. That the proposed wireless communication facility is consistent with Council Policy No. 23 64, 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 "discouraged" location, 24 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 mono-palm exhibits 2g "stealth" design through painting the antennas green, by not exceeding the size of the existing antennas, and concealing the existing and proposed antennas within 27 existing and additional palm fronds. The proposed project also meets all applicable development standards of the underlying zone(s) and complies with the Federal 28 Communications Commission (FCC) Radio Frequency Exposure Guidelines. PC RESO NO. 6724 -3- 6. That the Planning Director has determined that the'project belongs to a class of projects 2 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 3 preparation of environmental documents pursuant to Sections 15301(e) "Additions to Existing Facilities" 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. 6 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 7 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.8 9 Conditions: 10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance.11 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 13 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 14 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 17 Amendment. 1 R 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 20 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 21 _„ 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. 23 4. If any condition for construction of any public improvements or facilities, or the payment 24 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 unless the City Council determines that the project without the condition complies with all requirements of law. 27 5. 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 PC RESO NO. 6724 -4- and costs, including court costs and attorney's fees incurred by the City arising, directly 2 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit Amendment, (b) City's approval or issuance of any permit or action, whether 3 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 r 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 6 approval is not validated. 7 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. 9 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 10 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 12 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 13 Plan prior to the issuance of building permits. 14 9. This approval is granted subject to the approval of CDP 00-58(A) and SUP OO-ll(A) and is subject to all conditions contained in Planning Commission R 6723 for those other approvals incorporated herein by reference. 16 10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 17 #175 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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 19 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 20 approval will not be consistent with the General Plan and shall become void. 11. Prior to the issuance of 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 23 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) CUP 00-32xl(A) by Resolution(s) No. 6724 on the property. 24 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 26 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 27 or successor in interest. 90 12. CUP 00-32xl(A) 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 PC RESO NO. 6724 -5- negative effect on surrounding properties or the public health, safety and general welfare. 2 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being 3 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has , been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 6 being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 7 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 10 13. This Conditional Use Permit Amendment and associated permits are granted for a period of 10 years from September 1, 2010 through August 31, 2020. 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 13 reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may 14 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 1 7 grant. 18 NOTICE 19 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 20 reservations, or other exactions hereafter collectively referred to for convenience as ~ . "fees/exactions." 22 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 23 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 25 annul their imposition. 26 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, 2 ' 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 PC RESO NO. 6724 -6- 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 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: STEPHEN "HAP"'L'HEUREUX, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6724 -7-