HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6965
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION, OPERATION, AND MAINTENANCE OF AN
UNMANNED WIRELESS COMMUNICATION FACILITY
CONSISTING OF THREE (3) PANEL ANTENNAS WITH
ASSOCIATED EQUIPMENT MOUNTED TO AN EXISTING
SDG&E TRANSMISSION POLE AND A 240 SQUARE FOOT
ABOVE GROUND EQUIPMENT SHELTER WITHIN THE
WEST BLUFF NORTH HOMEOWNERS ASSOCIATION
PROPERTY. THE PROJECT SITE IS GENERALLY LOCATED
ALONG THE EAST SIDE OF EL CAMINO REAL BETWEEN
POINSETTIA LANE AND SWALLOW LANE WITHIN AN
SDG&E UTILITY EASEMENT AND IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: SDG&E STEEL POLE
CASE NO.: CUP 12-13
WHEREAS, Sprint PCS, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by West Bluff North Homeowners Association,
“Owner,” described as
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
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
condominium plan recorded March 4, 1982 as instrument/file No. 82-059867, of official records of said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” – “N” dated May 1, 2013, on file in the Planning Division,
SDG&E STEEL POLE – CUP 12-13, as provided by Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 1, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6965
PC RESO NO. 6965 -2-
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
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES SDG&E STEEL POLE – CUP 12-13, based on the following
findings and subject to the following conditions:
Findings:
Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B.
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,
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
Residential Low Medium Land Use designation does not preclude the provision 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
alterations to the existing site are proposed.
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 equipment shelter has been designed to be architecturally compatible
with the surrounding residential buildings within the West Bluff North Condominium project. The 7’2” tall 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 appearance and further reduce its visibility from the residences and general
public. The project has also been conditioned to submit an acoustical analysis
complying 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 in that the three panel antennas are mounted to an existing 125.33 foot
tall steel transmission pole and will be painted to blend in with the existing
transmission pole. The panel antennas are a low-profile design that will hug the
pole, and extend outward no more than 20 inches from the face of the pole. The
PC RESO NO. 6965 -3-
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
collocation of panels on the existing transmission pole also minimizes the visual
impacts of the project by eliminating the need to install a new pole structure to
achieve the needed height to provide coverage.
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
City Planner, 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 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 to match and blend in with the existing transmission pole.
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.
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
design. The equipment shelter is designed with building materials to match the
existing residential buildings, and is screened by landscaping to soften its appearance and further reduce its visibility from the residences and general public.
The three 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
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 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
zone or area as listed in Location Guideline A.1. can accommodate the proposed
facility, therefore, the WCF at this proposed location can be supported.
6. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
7. That the City Planner 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
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 Sprint PCS must comply with FCC regulations, radio
frequency emissions from the proposed facility are below levels established as acceptable
PC RESO NO. 6965 -4-
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
by the FCC, and are therefore not considered a health hazard. In making this
determination, the City Planner 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
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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
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.
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
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.
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.
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
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.
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
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,
PC RESO NO. 6965 -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
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
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans and maintain all landscaping in a healthy
and thriving condition, free from weeds, trash, and debris.
7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
8. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
(Tentative Map/Site Plan or other) reflecting the conditions approved by the final
decision-making body.
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
10. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
11. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
12. This approval is granted subject to the approval of SUP 12-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 6966 for those other
approvals incorporated herein by reference.
13. 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 building and/or
property line whichever is closer.
14. The proposed panel antennas shall be painted to match the color of the existing
transmission pole to the satisfaction of the City Planner.
15. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
16. 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. 6965 -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
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
facilities will continue to be available until the time of occupancy.
17. 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
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
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.
18. 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Conditional Use Permit by Resolution No. 6965 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 well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner 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.
19. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, 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 stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
20. CUP 12-13 shall be reviewed by the City Planner annually to determine if 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, safety and general welfare. If the City
Planner 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
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
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 City Planner shall recommend that the Planning
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.
PC RESO NO. 6965 -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
21. This Conditional Use Permit is granted for a period of 10 years from May 1, 2013
through April 30, 2023. 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 10 years upon
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
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
NOTICE
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
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,
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.
. . .
. . .
. . .
1
2
3
4
5
6
7
8
9
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 May 1, 2013 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux and
Schumacher
Commissioners Montgomery, Scully and Segall
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
PC RESO NO. 6965 -8-