HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70431 PLANNING COMMISSION RESOLUTION NO. 7043
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2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
3 ALLOW THE INSTALLATION, OPERATION, AND MAINTENANCE OF AN
UNMANNED WIRELESS COMMUNICATION FACILITY CONSISTING OF
4 NINE (9) PANEL ANTENNAS WITH ASSOCIATED EQUIPMENT MOUNTED
TO AN EXISTING SDG&E TRANSMISSION TOWER AND A 143 SQUARE
FOOT ABOVE GROUND EQUIPMENT SHELTER UPON PROPERTY OWNED
BY THE ALGA HILLS HOME OWNERS ASSOCIATION. THE PROJECT SITE IS
GENERALLY LOCATED NORTH OF ALTISMA WAY, SOUTH OF VIA
VILLEGAS, AND EAST OF ALICANTE ROAD WITHIN AN SDG&E UTILITY
EASEMENT AND IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: ALGA HILLS SPRINT SD54XC920
CASE NO.: CUP 13-08
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WHEREAS, Sprint PCS, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by the Alga Hills Home Owners Association, "Owner," described as
Lot 256 of Carlsbad Tract No. 84-41 Alga Hills according to map
12 thereof No. 12325, City of Carlsbad, County of San Diego, State of
California, filed in the office of the San Diego County Recorder on
13 February 28,1989
14 ("the Property"); and
15 WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits "A" - "I" dated April 16, 2014, on file in the Planning Division, ALGA HILLS SPRINT
SD54XC920 - CUP 13-08, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
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:
27 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ALGA HILLS SPRINT SD54XC920 - CUP 13-08, based on the following
findings and subject to the following conditions:
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Findings:
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
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 proposed
WCF use is necessary and desirable for the development of the community because of the
g benefit and demand for digital communications and data transmissions for businesses,
individuals, public agencies and emergency service systems. The proposed use is consistent
g with the General Plan in that the Open Space Land Use designation does not preclude the
provision of WCF uses, nor is it detrimental to existing permitted uses in the vicinity in that
10 the WCF exhibits stealth design and only minor alterations to the existing site are proposed.
11 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 the proposed WCF visual impacts
12 will be minimized as the equipment shelter has been designed at the base of the lattice
transmission tower and is surrounded by a six foot tall vinyl coated chain link fence with
13 green slats. The equipment shelter is located approximately 100 feet from the nearest
residential building and is partially screened by existing and proposed landscaping to soften
its appearance and further reduce its visibility from the residences and general public. An
acoustical analysis complying with the City's Noise Guidelines Manual was submitted 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 nine panel antennas are mounted to an existing
YJ 106.4 foot tall transmission tower and will be painted grey to blend in with the existing
structure. The panel antennas will be mounted as close as possible to the tower so they are
13 less visible. The collocation of panels on the existing transmission tower also minimizes the
visual impacts of the project by eliminating the need to install a new pole structure to achieve
19 the needed height to provide coverage.
20 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
21 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
22 that the above ground equipment shelter complies with the 0-S Zone development standards,
exhibits stealth design, and is partially screened by landscaping to further reduce its visibility
from public view. The location of the panel antennas as close as possible to the existing
2^ transmission tower will reduce the visual impact of the wireless communication facility and
will eliminate the need to install a new pole structure to achieve the needed height to provide
2^ coverage. The antenna panels will be painted grey to match and blend in with the existing
transmission pole.
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4. That the street system serving the proposed use is adequate to properly handle all traffic
27 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.
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Murillo Lane and Via Villegas will be used to access the site. The existing street system is
2 adequate to property handle any traffic generated by the use.
3 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
4 to the extent feasible. The proposed equipment shelter is located within the base of the
transmission tower and will be enclosed by a six foot tall vinyl coated chain link fence with
^ grey slats, and is partially screened by existing and proposed landscaping to help soften its
appearance and further reduce its visibility from the residences and general public. The nine
panel antennas are small in scale in relationship to the lattice tower, mounted as closely to
the lattice tower as possible reducing an outward noticeable appearance, and will be painted
grey to match the color of the existing transmission pole, thereby minimizing any visual
g impacts. Locating the WCF on the existing SDG&E transmission tower as opposed to installing
a new monopole is also encouraged and consistent with City Council Policy Statement No. 64
g 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
10 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
11 be supported.
12 6. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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7. That the City Planner has determined that the project belongs to a class of projects that the
14 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 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
13 Section 15300.2 of the state CEQA Guidelines do not apply to this project.
19 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
20 mitigate impacts caused by or reasonably related to the project, and the extent and the degree
ofthe exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 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
25 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
27 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
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rights are gained by Developer or a successor in interest by the City's approval of this
2 Conditional Use Permit.
3 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
4 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.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
g 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,
9 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
10 determines that the project without the condition complies with all requirements of law.
11 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
12 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,
13 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, 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
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City's approval is not validated.
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6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the (Site
13 Plan) reflecting the conditions approved by the final decision-making body.
19 7. 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
20 any applicable Coastal Commission approvals).
21 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the San Marcos Unified School District that this project has satisfied its obligation
22 to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
ofthe Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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10. This approval shall become null and void if building permits are not issued for this project within
25 24 months from the date of project approval.
27 11. 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 adequate water
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service and sewer facilities, respectively, are available to the project at the time of the
2 application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
4 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.
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g 13. 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
g 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
10 Conditional Use Permit by Resolution No. 7043 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and all
11 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
12 to the notice which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
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14. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
14 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
YJ system to the maximum extent practicable. Developer shall notify prospective owners and
tenants ofthe above requirements.
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15. CUP 13-08 shall be reviewed by the City Planner annually to determine if all conditions of this
19 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
20 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
21 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
22 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.
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16. This Conditional Use Permit is granted for a period of 10 years from April 16, 2014 through
2 April 15, 2024. 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
3 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 ofthe
4 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.
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PC RESO NO. 7043
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NOTICE TO APPLICANT
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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.
6 NOTICE
7 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
9 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.
^2 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
13 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
14 statute of limitations has previously otherwise expired.
15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
16 the City of Carlsbad, California, held on April 16, 2014 by the following vote, to wit:
17 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall
and Siekmann
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NOES:
ABSENT:
ABSTAIN:
ATTEST:
23 NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
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DON NEU
City Planner
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