HomeMy WebLinkAbout2024-04-16; City Council; Resolution 2024-079RESOLUTION NO. 2024-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A DECISION OF THE
PLANNING COMMISSION TO APPROVE A MINOR CONDITIONAL USE PERMIT
AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE INSTALLATION,
OPERATION, AND MAINTENANCE OF A WIRELESS COMMUNICATION
FACILITY CONSISTING OF SIX PANEL ANTENNAS MOUNTED WITHIN A 48
INCH RADOME CYLINDER ON A NEW 78-FOOT-TALL LIGHT POLE, THAT WILL
REPLACE AN EXISTING LIGHT POLE, AND ASSOCIATED GROUND EQUIPMENT
WITHIN AN EIGHT-FOOT TALL ENCLOSURE IN AND ADJACENT TO THE
NORTHWEST CORNER OF THE SOUTHERN PARKING LOT OF POINSETTIA
COMMUNITY PARK GENERALLY LOCATED AT 6600 HIDDEN VALLEY ROAD
(ASSESSOR PARCEL NUMBER 214-140-13-00). THE PROPERTY IS WITHIN THE
MELLO II SEGMENT OF THE CERTIFIED LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: POINSETTIA COMMUNITY PARK WIRELESS FACILITY
CASE NO.: CUP 2022-0023/ CDP 2022-0070 (DEV2022-0206)
WHEREAS, the City Council of the City of Carlsbad, California has determined that AT&T
Wireless, "Applicant" has filed a verified application with the City of Carlsbad described as:
THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, .IN THE CITY CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY.
("the Property"); and
WHEREAS, the verified application constitutes a request for a Minor Conditional Use Permit and
Coastal Development Permit as shown on Exhibit(s) "A" -"K" dated Dec. 6, 2023, on file in the Planning
Division, CUP 2022-0023/ CDP 2022-0070 (DEV2022-0206) -Poinsettia Park WCF (AT&T), as provided
by Chapters 21.42 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on Jan. 17, 2024, hold a duly noticed public hearing as
prescribed by law to consider the applicant's request and adopted Planning Commission Resolution
7504;and
WHEREAS, at the public hearing the Planning Commission voted 4-3-0 to approve the Minor
Conditional Use Permit and Coastal Development Permit application for the project; and
WHEREAS, on Jan. 24, 2024, the appellant Kevin Fritz and the Poinsettia Cove Homeowners
Association on behalf of the Carlsbad Residents Against Cell Towers in Parks, timely filed an appeal with
the city as provided in accordance with Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the project applicant provided a description of the site selection process undertaken
for the wireless communication facility proposed, including the technical service objectives and the
reasons for selecting the proposed site and rejecting other sites, as required by City Council Policy
Statement No. 64, which included consideration of alternative sites for the facility and opportunities
for collocation on existing sites; and
WHEREAS, City Council Policy Statement No. 64 lists parks and community centers within
residential areas as a more preferred location for wireless communication facilities than public right-
of-way of roads adjacent to residential zones, and of which a goal is to assure wireless communication
facilities represent the fewest possible facilities necessary to complete a network without
discriminating against providers of functionally equivalent services or prohibiting the provision of
wireless services; and
WHEREAS, City Council Policy Statement No. 64 was correctly interpreted by city staff, who
reviewed past decisions on wireless communication facilities made by the Planning Commission to
ensure consistency in their interpretation of the policy; and
WHEREAS, the project is consistent with the design guidelines of City Council Policy Statement
No. 64 through use of "stealth" design techniques and by designing the equipment enclosure to match
nearby architecture; and
WHEREAS, the emergency generator proposed by the project will operate consistent with the
city noise standards, as stipulated by the performance guidelines of City Council Policy Statement No.
64 and consistent with the Noise Element of the General Plan; and
WHEREAS, the Planning Commission found that they had adequate information and analysis to
make an informed decision to approve the project with the provided plans and documents establishing
the project's compliance with City standards and policies, including City Council Policy Statement No.
64;and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to con sider
the appeal of the Planning Commission's decision to approve the project's site development plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the appeal of the Planning Commission's decision is denied, that all other matters
not specified in the appeal have been supported by su bstantial evidence with findings
and approved by the Planning Commission, and that the findings and conditions
contained in Planning Commission Resolution No. 7504 on file in the Office of the City
Clerk and incorporated herein by reference and as "Attachment A", are the findings and
conditions of the City Council.
3. That this action is final on the date this resolution is adopted by the Sity Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of April, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, BURKHOLDER, LUNA.
ACOSTA.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
...
PLANNING COMMISSION RESOLUTION NO 7504
Attachment A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE
PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE
INSTALLATION, OPERATION AND MAINTENANCE OF A WIRELESS
COMMUNICATION FACILITY CONSISTING OF SIX (6) PANEL
ANTENNAS MOUNTED WITHIN A 48 INCH RADOME CYLINDER ON
A NEW 78-FOOT LIGHT POLE THAT WILL REPLACE AN EXISTING
LIGHT POLE AND ASSOCIATED GROUND EQUIPMENT WITHIN AN
EIGHT-FOOT TALL ENCLOSURE EAST OF THE SOUTHERN PARKING
LOT OF POINSITTIA COMMUNITY PARK GENERALLY LOCATED AT
6600 HIDDEN VALLEY ROAD IN THE MELLO II SEGMENT OF THE
CERTIFIED LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: POINSETTIA PARK WCF (AT&T)
CASE NO.: CUP 2022-0023/CDP 2022-0070
(DEV2022-0206)
WHEREAS, AT&T Wireless, "Developer", has filed a verified application with the City of
Carlsbad regarding property described as
THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit and
Coastal Development Permit as shown on Exhibit(s) "A" -"K" dated Dec. 6, 2023, on file in the
Planning Division, CUP 2022-0023/ CDP 2022-0070 (DEV2022-0206) -POINSETTIA PARK WCF
(AT&T), as provided by Chapter 21.42 and Chapter 21.201.030 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Division studied the Conditional Use Permit and Coastal
Development Permit application and performed the necessary investigations to determine if the
project qualified for an exemption from further environmental review under the California
Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its
implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of
Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and
investigations made by the city planner and on its behalf, the city planner determined that the
project was exempt from further environmental review pursuant to State CEQA Guidelines
section 15303 -New Construction or Conversion of Small Structures, in that the project is
consistent with the General Plan, Zoning Ordinance and Local Coastal Program; the project
includes the construction and location of small facilities or structures, and the installation of small
equipment and facilities in small structures. The project will not have a significant effect on the
environment and all the requirements of CEQA have been met; and
WHEREAS, on Oct. 16, 2023, the city distributed a notice of intended decision to adopt
the "New Construction or Conversion of Small Structures" exemption. The notice was circulated
for a 10-day period, which began on Oct. 16, 2023, and ended on Oct. 26, 2023. The city did not
receive any comment letters on the CEQA findings and determination. The effective date and
order of the city planner CEQA determination was Oct. 26, 2023; and
WHEREAS, the Planning Commission did, on Jan. 17, 2024 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 Conditional Use Permit and Coastal Development Permit.
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 CUP 2022-0023/ CDP 2022-0070 (DEV2022-0206) -POINSETTIA PARK
WCF (AT&T), based on the following findings and subject to the following
conditions:
Findings:
Conditional Use Permit, CUP 2022-0023
1.That t_he 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
use is consistent with the General Plan in that the Open Space Land Use designation
does not preclude the provision of WCF uses. Within the Open Space (O-S) zone, CMC
Chapter 21.33; WCFs are conditionally permitted uses. The requested WCF is necessary
and desirable for the development of the community because of the benefit and
demand for digital communications and data transmissions for businesses, residences,
individuals, public agencies and emergency service systems in this part of the city. The
use is consistent with the General Plan in that the Open Space Land Use designation
does not preclude the provision of WCF uses. The use Is In harmony with objectives
that seek to maintain and enhance Carlsbad's appearance in that the WCF is integrated
into a light pole; is designed so that the antennas will be attached as close to the light
pole as possible with a concealing radome; and associated equipment Is located within
an enclosure designed to be compatible with the adjacent maintenance building,
utilizing materials, colors, and textures that will match the maintenance building.
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 antennas are proposed
to be mounted to a replacement light pole that is the same height as the existing light
pole, and antennas are mounted as close to the light pole as technology will allow, thus
reducing an outward noticeable appearance and minimizing visual impacts.
The Telecommunication Act of 1996 preempts local governments from regulating the
"placement, construction and modification of wireless communication facilities on the
basis of the environmental effects of Radio Frequency (RF) emissions to the extent that
such facilities comply with the Federal Communication Commission's (FCC) standards
for such emissions." The proposed project would be consistent with the FCC's
regulations for wireless facilities. The project complies with the FCC RF Exposure
Guidelines.
Lastly, a Generator Noise Assessment Letter was prepared by EBI Consulting (Oct. 28,
2022) in accordance with the City of Carlsbad's Noise Element of the General Plana and
Noise Guidelines. The analysis concludes that the noise produced from operation of the
proposed emergency back-up generator will comply with the Carlsbad Exterior Noise
Limits at all receiving property lines.
Therefore, based on the above, the project would not result in any detriment or
significant health or safety risks to the surrounding area.
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 light pole on which the proposed antennas are to
be located is the same height as the existing pole; the associated equipment is proposed
to be located within an enclosure designed to be compatible with the adjacent
remaining maintenance building, utilizing materials, colors, and textures that will match
the maintenance building; the light pole and equipment are not within any required
front, rear or side yard setbacks; and the proposed pole and equipment enclosure are
located more than 160 feet from the nearest adjacent residential property.
4.Tha� the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the unmanned WCF will require: on average, only
monthly maintenance visits and occasional visits in response to operational issues. The
existing street system is adequate to properly handle any traffic generated by the use.
5.That the proposed WCF is consistent with City Council Policy No. 64 in that the location,
a public park, is a "preferred" location. The WCF is proposed to be Installed on a
structure that already exists, which will reduce its visibility and will be the. least
disruptive to the appearance of the park. The WCF will not be located on an exposed
ridgeline and is satisfactorily screened and disguised by being located on a structure
which will light an athletic field. The new antennas will be mounted as close to the light
pole as technologically feasible within a four-foot diameter radome. The radome will
be painted to match the color of the light pole, thereby minimizing visual impacts. The
proposed ground mounted equipment will be located within an enclosure, which is
designed and treated to match and compliment the adjacent maintenance building. The
proposed light pole is consistent with the height requirements of the Open Space zone
and will be the same height as the existing light pole to be replaced and the other
existing light poles for the baseball field. The proposed installation is more than 160
feet away from the adjacent residentially zoned properties, which is more than double
the 78-foot setback called for by the policy. Site selection information was provided
..
•
that indicates other locations are not feasible. Color photo-simulations have been
provided to show that the project will not substantially alter views to the site from
surrounding viewpoints. A Generator Noise Assessment Letter was prepared by EBI
Consulting (Oct. 28, 2022} in accordance with the City of Carlsbad's Noise Element of
the General Plana and Noise Guidelines. The analysis concludes that the noise produced
from operation of the proposed emergency back-up generator will comply with the
Carlsbad Exterior Noise Limits at all receiving property lines.
Coastal Development Permit, CDP 2021-0031
6.That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for non-residential uses
and is already developed with an athletic-fields with field lights and other park
am(!nities. The project consists of replacing one of the existing field light poles with a
new pole that is the same height as the existing, and installing an unmanned WCF on
the light pole. The WCF will not obstruct views of the coastlin� as seen from public lands
or the public right-of-way� nor otherwise damage the visual beauty of the coastal zone.
No agricultural activities, sensitive resources, geological instability, flood hazard or
vertical coastal access opportunities exist onsite. Furthermore, the WCF facility is not
in an area of known geologic instability or flood hazards.
7.The proposal is in conformity with the publjc access and recreation policies of Chapter
Three of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and recreation
policies of Chapter 3 of the Coastal Act is not required.
8.The project is consistent with the provisions of the Coas�al Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's·
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual
and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff,
pollutants, and soil erosion. No steep slopes or native vegetation are located on the
subject property and the site is not located in an area prone to landslides, or susceptible
to accelerated erosion, floods, or liquefaction.
General
9.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 apd
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 building permit,
whichever occurs first.
1.Approval is granted CUP 2022-0023/CDP 2022-0070 (DEV 2022-0206)-POINSETTIA PARK
WCF (AT&T) as shown on Exhibits "A" -"K", dated Dec. 6, 2023, on file in the Planning
Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2.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 and Coastal
Development Permit.
3.Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit and Coastal Development Permit
tlocuments, 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.
4.Developer shall comply with all applicable provisions of federal, state, and local laws and
•· • regulations in effect at the time of building permit issuance.
s.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 arechallenged, 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.
6.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 and Coastal
Development 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 city's approval
is not validated.
7.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.
8.This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9.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.
10.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 10 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.
11.Prior to the issuance of the Conditional Use Permit and Coastal Development 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
and Coastal Development Permit by Resolution(s) No. 7492 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
�reject 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.
12.CUP 2022-0070 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 conditio.ns or impose
new conditions.
13.This Conditional Use Permit is granted for a period of ten (10) years from Dec. 6, 2023,
through Dec. 6, 2033. 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 l_and 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.
14.Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application, any change in the
telecommunications provider, or any transfer in ownership of the site.
15.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
amendment request, the Developer/Operator shall submit to the City Planner either (1)
verification that the project is categorically excluded from having to determine
compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(l); or (2) a project
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 City Planner for consistency with
the Project's preliminary report on RF exposure submitted with the initial project
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
conditional use permit.
16.Except in an emergency posing an immediate public health and safety threat,
maintenance activities shall only occur between 7 AM (8 AM on Saturdays) and sunset.
Maintenance shall not take place on Sundays or holidays.
17.Future modifications to the facility shall not be approved unless the screening proposed
and approved with this application, a four-foot radius radome cylinder, will continue to
adequately screen new or replacement equipment. No expansion in size of the radome
is allowed unless an amendment to CUP 2022-0023 and CDP 2022-0070 is approved.
18.No installed antennas or equipment shall be energized or activated unless the approved
screening, a four-foot radius radome cylinder, is in place and secured on the light pole.
This applies to any new or replacement equipment or antennas installed at a future
date.
19.All installation activities shall be coordinated with the Community Development
Department and the Parks & Recreation Department to avoid impacts to events within
the public park.
20.The Developer/Operator shall maintain compliance at all times with all federal, state
and local statutes, regulations, orders or other rules that carry the force of law ("laws")
applicable to the Developer/Operator, the subject property, the wireless
communication facility or other infrastructure deployment or any use or activities in
connection with the use authorized by this resolution, which includes without limitation
any laws applicable to human exposure to RF emissions and any standards,
specifications or other requirements identified by the city planner· or engineering
manager (such as, without limitation, those requirements conditioned with this
resolution). If the city planner or engineering manager finds good cause to believe that
the facility is not In compliance with any laws applicable to human exposure to RF
em1ss1ons, the city planner or engineering manager may require the
Developer/Operator to submit a written report certified by a qualified radio frequency
engineer familiar with the facility that certifies that the facility is in compliance with all
such laws. The city planner or engineering manager may order the facility to be
powered down if, based on objective evidence, the city planner or engineering manager
finds that the facility is in fact not in compliance with any laws applicable to human
exposure to RF emissions until such time that the Developer/Operator demonstrates
actual compliance with such laws. The Developer/Operator expressly acknowledges
and agrees that this obligation is intended to be broadly construed and that no other
specific requirements in these conditions are intended to reduce, relieve or otherwise
lessen the Developer/Operator's obligations to maintain compliance with all laws. No
failure or omission by the City to timely notice, prompt or enforce compliance with any
applicable provision in the Carlsbad Municipal Code, this Policy, any permit, any permit
condition or any applicable law or regulation, shall be deemed to relieve, waive or
lessen Developer/Operator's obligation to comply in all respects with all applicable
provisions in the Carlsbad Municipal Code, this Policy, any permit, any permit condition
or any applicable law or regulation.
Code Reminders:
1.Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on Jan. 17, 2024 by the following vote, to wit:
AYES: Merz, Kamenjarin, Meenes, Stine
NAYES: Hubinger, Lafferty, Sabellico
ABSENT:
ABSTAIN:
PETER ERZ, Chairperso CARLSBAD PLANNING C
ATTEST:
ERIC LARDY
City Planner