HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68111 PLANNING COMMISSION RESOLUTION NO. 6811
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO
4 ALLOW THE ADDITION OF SIX (6) PANEL ANTENNAS
AND TWO (2) NEW EQUIPMENT CABINETS TO AN
EXISTING UNMANNED WIRELESS COMMUNICATIONS
6 FACILITY CONSISTING OF A 250 SQUARE FOOT
EQUIPMENT SHELTER AND SIX (6) PANEL ANTENNAS
7 MOUNTED ON A 34 FOOT TALL MONO-PALM
STRUCTURE LOCATED AT 4901 EL CAMINO REAL IN THE
8 R-A-10,000 AND C-2-Q/C-2 ZONES AND IN LOCAL
9 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TAMARACK AT&T WIRELESS
10 CASE NO.: CUP 03-06x 1 (A)
11 WHEREAS, AT&T, "Developer," has filed a verified application with the City of
12 Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," described as
13
Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County
14 of San Diego, State of California, filed January 31,1975, in the
Office of the County Recorder of San Diego County, and that
1~> portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City
1 s of Carlsbad, County of San Diego, State of California, as
shown on Parcel Map filed on page 3451 of Parcel Maps on
17 January 31,1975, under file No. 75-023997
18 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
20 Permit Amendment as shown on Exhibits "A" - "G" dated October 5, 2011, on file in the
21
Planning Department TAMARACK AT&T WIRELESS - CUP 03-06xl(A), as provided by
22
Chapter 21.42 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
2° WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
28
relating to the CUP Amendment; and
1 WHEREAS, on June 17, 2009, the Planning Commission approved CUP 03-
2
06x1 as described and conditioned in Planning Commission Resolution No. 6568; and
3
WHEREAS, on January 7, 2004, the Planning Commission approved CUP 03-
4
<- 06 as described and conditioned in Planning Commission Resolution No. 5515.
6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
7 Commission of the City of Carlsbad as follows:
o
A) That the foregoing recitations are true and correct.
9 B) That based on the evidence presented at the public hearing, the Planning
10 Commission APPROVES TAMARACK AT&T WIRELESS - CUP 03-
06xl(A) based on the following findings and subject to the following conditions:
Findings:
13 Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B
14 1. That the requested amended use is necessary or desirable for the development of the
community, and is in harmony with the various elements and objectives of the general
* 5 plan, including, if applicable, the certified local coastal program, specific plan or master
Ig plan, in that (a) the use is necessary and desirable for the development of the
community because of the benefit and demand for digital communications and data
17 transmissions for businesses, individuals, public agencies and emergency service
systems in this part of the city; (b) the use is consistent with the General Plan in that
18 the Local Shopping Center (L) and Residential Low-Medium (RLM) Land Use
designations do not preclude the provision of Wireless Communication Facility
(WCF) uses. Additionally, the proposed antennas will not exceed the length of the
20 existing antennas and will be painted green to match the existing antennas with the
new equipment cabinets located in the existing equipment shelter that is designed to
21 match the existing commercial building along with appropriate landscaping.
Therefore, the project's stealth design complies with the General Plan objectives
22 that seek to maintain and enhance Carlsbad's appearance.
23 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
24 in the zone in which the proposed use is to be located in that the requested addition to
the WCF on an existing mono-palm is not detrimental to existing uses, or to uses
25 permitted in the zone in that the amended project is stealth in design and the WCF
use is not precluded by the project site's General Commercial (C-2/C-2-Q) and
Residential Agriculture (R-A-10,000) zoning. Furthermore, the placement of
27 additional antennas on the mono-palm and two (2) new equipment cabinets in the
existing equipment shelter will not result in any additional building coverage, does
28 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.
PCRESONO. 6811 -2-
3. That the site for the proposed conditional use is adequate in size and shape to
2 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
3 Planning Director, planning commission or city council, in order to integrate the use with
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,
- parking, loading facilities, buffer areas, landscaping and other development features
prescribed in this code in that the existing mono-palm which the proposed antennas
6 are located on is not within any of the required front, rear or side yard setbacks of
the R-A-10,000 zone; however, the mono-palm does exceed the 30 foot height
7 limitation permitted by the R-A-10,000 zone at 34 feet in height to the top of the
antennas. However, a higher elevation than allowed by the zone may be approved
through a CUP issued by the Planning Commission. Therefore, with Planning
9 Commission approval of this CUP (CUP 03-06xl(A)), the proposed antennas located
on an existing 34 foot tall mono-palm will comply with the development standards of
10 the R-A-10,000 zone. The two (2) new equipment cabinets are located within the
existing equipment shelter also meets all development standards of the C-2-Q/C-2
11 zone in that the equipment cabinets are below the maximum 35 foot height and are
. _ not located within any of the required rear, or side yard setbacks (no front yard
setback is required in this zone).
13
4. That the street system serving the proposed use is adequate to properly handle all traffic
14 generated by the proposed use, in that the unmanned WCF use requires, on average,
only monthly maintenance visits and occasional visits in response to operational
problems. The existing street system is adequate to properly handle any traffic
i f generated by the use.
17 5. That the proposed Wireless Communication Facility (WCF) remains consistent
with the location and design guidelines of City Council Policy No. 64, in that
18 although the facility's antennas are located in the R-A-10,000 (Residential
Agriculture) zone, a "discouraged" location, the applicant has demonstrated that
no feasible alternative site currently exists within a "preferred" location that can
20 achieve the required WCF coverage objectives as its current location.
Furthermore, the existing 34 foot mono-palm is designed as a "stealth" facility
21 and the proposed six (6) new antennas will be shorter in length than the existing
antennas and painted green. The proposed two (2) new equipment cabinets will
22 be located within the existing equipment shelter, which has been integrated into
,._ the design of the existing commercial center along with appropriate landscaping.
24 6. 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
25 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(e) - Additions to
26 Existing Structures, of the state CEQA Guidelines. Additionally, as the WCF must
27 comply with FCC regulations, radio frequency emissions from the existing facility are
below levels established as acceptable by the FCC, and are therefore not considered a
28 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.
PCRESONO. 6811 -3-
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 contained in this approval, 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
5 building permits.
7 1. All conditions of approval imposed upon Conditional Use Permit CUP 03-06 and
CUP 03-06x1 as stated in Planning Commission Resolution Nos. 5515 and 6568 shall
be superseded by the conditions of approval contained herein for CUP 03-06xl(A).
9 2. If any of the following conditions fail to occur, or if they are, by their terms, to be
10 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
11 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
13 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
14 or a successor in interest by the City's approval of this Conditional Use Permit
Amendment.15
, s 3. 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
17 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
18 development, different from this approval, shall require an amendment to this approval.
4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 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
22 Amendment, (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,
24 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
25 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.26
~- 5. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
28
PCRESONO. 6811 -4-
6. This project shall comply with all conditions and mitigation measures, which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
3
7. This Conditional Use Permit Amendment (CUP 03-06xl(A)) shall be reviewed by the
4 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 negative effect on surrounding properties
or the public health and welfare. If the Planning Director determines that the use has
5 such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard, add
7 additional conditions to reduce or eliminate the substantial negative effects.
o 8. This Conditional Use Permit Amendment is granted for a period of ten years from
n October 5, 2011 through October 4, 2021. 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
10 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
11 not to exceed ten 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
13 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
14 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.
, r 9. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris.
17
10. If any condition for construction of any public improvements or facilities, or the payment
18 of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential
housing 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
20 approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
21
11. Developer shall submit to the City a Notice of Restriction executed by the owner of the
22 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
24 Permit Amendment by Resolution No. 6811 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
25 and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
2" and record an amendment to the notice which modifies or terminates said notice upon a
27 showing of good cause by the Developer or successor in interest.
28 12. 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
PCRESONO. 6811 -5-
amendment request, the Developer/Operator shall submit to the Planning Director either
2 (1) verification that the project is categorically excluded from having to determine
compliance with the RF exposure guidelines per 47 CFR §\. 1307(b)(l); or (2) a project
3 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
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
with the Project's preliminary report on RF exposure submitted with the initial project
6 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
7 conditional use permit.
o
13. This approval is granted subject to the approval of SUP 03-04 and CDP 03-16 and is
subject to all conditions contained in Resolutions No. 5516 and 5517 for those other
approvals.
10
14. 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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
13 development, different from this approval, shall require an amendment to this approval.
14 15. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
,/- 16. 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
17 format.
18 17. 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.
18. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
21
Engineering:
22
19. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
24 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
25 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to storm water, receiving water or
26 storm water conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
28
PCRESONO. 6811 -6-
Code Reminders:
2 20. Approval of this request shall not excuse compliance with all applicable sections of the
3 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
4
- 21. 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
6 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
7 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.
NOTICE10
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
12 "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
15 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
16 annul their imposition.
17 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
19 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
20 expired.
21
22
23
24
25
26
27
28
PCRESONO. 6811 -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 October 5, 2011 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
STEPHEfT'HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6811 -8-