HomeMy WebLinkAbout2003-12-09; City Council; Resolution 2003-325RESOLUTION NO. 2003-325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A NEW AT&T
TELECOMMUNICATIONS FACILITY CONS ISTl NG OF A
TOTAL OF 6 PANEL ANTENNAS IN TWO EXPANDED
CHIMNEYS AND ONE NEW CHIMNEY AND
INSTALLATION OF A 240 SQUARE FOOT RADIO BASE
STATION WITHIN A NEW 400 SQUARE FOOT GARAGE
LOCATED AT 7512 CADENCIA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CASE NO.: CUP 00-36
AT&T WIRELESS - 7512 CADENCIA
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
WHEREAS, AT&T Wireless Services, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Patrick and Vionna
Van Hoose, “Owner,” described as
Lot 486 Of Carlsbad Tract 72-20 of La Costa Vale Unit No. 3,
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 7950, filed in the
Office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, the real property owner has signed the appropriate
application and disclosure statement giving consent to applicant to locate its cellular
facilities on the residential property; and
WHEREAS, said verified application constitutes a request for a
Conditional Use Permit as shown on Exhibits “A’ - “F” dated May 16, 2001, on file in the
Carlsbad Planning Department, AT&T WIRELESS - 7512 CADENCIA CUP 00-36, as
provided by Chapter 21.42 and 21 50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did hold a duly noticed public
hearing as prescribed by law on May 16, 2001 , to consider said verified application; and
WHEREAS, the Planning Commission did hold a duly notice public
hearing as prescribed by law on June 20, 2001 to approve City Council Resolution No.
5006 denying the Conditional Use Permit; and
WHEREAS, the application of AT&T Wireless Services for a Conditional
Use Permit was unanimously denied by the City Council on June 20,2001; and
WHEREAS, AT&T Wireless Services filed a notice of appeal on July 2,
2001 appealing the Planning Commission's decision of June 20, 2001; and
WHEREAS, the matter was docketed for an appeal hearing in the manner
prescribed by law and that appeal hearing was continued for reasons explained to the
appellant and took place on August 21, 2001 in which the Council received the staff
report, evidence, arguments and testimony from all persons interested in the matter;
and
WHEREAS, the Council continued the hearing for the limited purposes of
accepting new evidence on the impacts of an existing cellular facility within two lots of
the proposed facility; and
WHEREAS, the continued public hearing date of September 11 , 2001 was
cancelled due to the tragedies in New York City and Washington, D.C.; and
WHEREAS, the continued hearing was held on September 18, 2001 and
the public hearing was reopened for the limited purpose of admitting the new evidence
requested previously and allowing arguments and testimony on the new evidence by all
persons interested therein; and
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WHEREAS, the City Council denied the appeal without prejudice and
directed the City Attorney to return with documents memorializing that decision; and
WHEREAS, the applicant initiated litigation in the Federal District Court to
overturn the City Council’s denial of its CUP application; and
WHEREAS, Judge Jeffrey T. Miller, United States District Judge of the
United States District Court for the Southern District of California (Case No. 01 CV 2045
JM (LAB)) granted the application of AT&T Wireless and ordered the City Council’s
denial of the CUP to be set aside; and
WHEREAS, Judge Miller entered his order granting judgment in
favor of AT&T Wireless and ordering the City Council to grant the CUP within ten days
of this judgment of November 25, 2003; and
WHEREAS, this matter was previously noticed and a public hearing held
on AT&T Wireless’s application for cellular facilities at Tower 173 which was for the
consideration of an alternative to the facilities proposed at 7512 Cadencia Street and
the notification of that hearing included residences within 600 feet of both Tower 173
and 7512 Cadencia Street,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the court’s order of November 25, 2003, the City
Council approves AT&T Wireless - 7512 Cadencia CUP 00-36, subject to the following
conditions:
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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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;
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.
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.
The Developer shall comply with all applicable provisions of federal, state, and
local laws and regulations in effect at the time of building permit issuance.
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.
The 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 non-discretionary, 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.
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The 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.
This Conditional Use Permit is granted for a period of 5 years from its effective
date. 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
5 years upon written application of the permittee made no less than 90 days prior
to the expiration date. The City Council 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 City
Council may grant.
The existing access gate on Cadencia Street shall be relocated to 20 feet behind
the front property line. The access gate must be positioned to allow enough
space for a vehicle to idle outside of the public right-of-way while waiting for the
gate to open. All landscaping disturbed as a result of the gate relocation shall be
replaced and installed to the satisfaction of the Planning Director prior to building
permit sign off.
Developer shall provide proof to the Director from the Carlsbad Unified School
District that this project has satisfied its obligation to provide school facilities.
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 Plan prior to the issuance of building permits,
including, but not limited to the following:
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 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.
This Conditional Use Permit shall be reviewed by the 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 such substantial negative effects, the Planning Director shall recommend
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that the City Council, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
The Developer/Operator shall comply with ANSMEEE standards for EMF
emissions. Within six (6) months after the issuance of occupancy, the
DeveloperlOperator shall submit a project implementation report which provides
cumulative field measurements of radio frequency (EMF) power densities of all
antennas installed at the subject site. The report shall quantify the EMF
emissions and compare the results with currently accepted ANSMEEE
standards. Said report shall be subject to review and approval by the Planning
Director for consistency with the Project’s preliminary proposal report and the
accepted ANSVIEEE standards. If on review, the City finds that the Project does
not meet ANSIAEEE standards, the City may revoke or modify this conditional
use permit.
Developer shall submit to the City a Notice of Restriction 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 Permit by Resolution No. 2003- 325 on the
real property owned by the Patrick and Vionna Van Hoose. 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 Ptanning
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.
C. This Resolution shall take effect 35 days after the Notice of Exemption is
posted by the County Clerk pursuant to the California Environmental Quality Act. This
Resolution supersedes City Council Resolution No. 2001 -309.
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
feedexactions. 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.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 9th day of
December 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ATTEST:
(SEAL)
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