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HomeMy WebLinkAboutMCUP 06-04; Carlsbad Village Water Tank; Admin Decision LetterFILECOPY iw*m City of Carlsbad Planning Department March 14, 2008 Sprint/Nextel 5761 Copley Drive Suite 100 San Diego, CA 92111 SUBJECT: MCUP 06-04 - CARLSBAD VILLAGE WATER TANK - Request for approval of a Minor Conditional Use Permit to allow for the installation, operation, and maintenance of an unmanned Wireless Communication Facility (WCF) consisting of eight (8) panel antennas mounted to a proposed 25 foot high broad leaf faux Elm tree and construction of a 204 square foot equipment enclosure. The project site is generally located at 5950 Carlsbad Village Drive at the northeast corner of Donna Drive and Carlsbad Village Drive, in the RA-10,000 Residential Agricultural Zone and Local Facilities Management Zone 1. Dear Ms. Ford: The Assistant Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 06-04 - CARLSBAD VILLAGE WATER TANK for an unmanned Wireless Communication Facility at 5950 Carlsbad Village Drive. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten day notice period (ending on July 12th, 2007) and a request for an Administrative Hearing was filed. On July 23, 2007, the Assistant Planning Director held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the Administrative Hearing, a review of the facts set forth in the application, and a review of the application's consistency with City Council Policy Statement No. 64, the Assistant Planning Director has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: (a) 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 in this part of the City; (b) the proposed use is consistent with the General Plan in that the Residential Low Medium (RLM) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the WCF is not detrimental to existing permitted residential uses in the vicinity because the WCF is located within a preferred location as listed in Location Guideline A.1.g. of City Council Policy Statement No. 64 (a public utility installation in a residential zone), and a 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us TvlCUP 06-04 - CARLSBAD~VILLAGE WATER TANK March 10,2008 Page 2 broad leaf faux Elm tree exhibits stealth design that blends in with other mature trees on site. 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 will result in only minimal additional building coverage, only minor alterations to the existing site design are required to accommodate a new ground mounted equipment room enclosure, and the proposed antennas will be mounted on a broad leaf faux Elm tree that will blend in with the existing mature trees and landscaping on the site. 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 (maximum 60 db(A) exterior noise level) and its compatibility with the existing residences. 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 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the small (54"Hx8"Wx2.5"D) panel antennas are located within, and painted to match the color of, a faux Elm tree thereby exhibiting a stealth design and only minor modifications will be necessary to install the equipment room enclosure and, when completed, will not significantly change the appearance of the water tank facility. The above ground faux Elm tree and equipment enclosure complies with the RA-10,000 Zone development standards, and the equipment enclosure is screened by landscaping to further reduce its visibility from public view. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unmanned WCF use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. In addition, the existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the WCF is located within a preferred location as listed in Location Guildeline A.1.g. of City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the existing water tank site are proposed to accommodate the use. The proposed equipment cabinets are located entirely within an equipment enclosure constructed of concrete masonry walls, painted green, and screened by landscaping to further reduce its visibility from public view. The eight panel antennas are small in scale (54"Hx8"Wx2.5"D), mounted to a broad leaf faux Elm tree, and will blend in with the existing mature landscaping. The panel antennas will also be painted to match the color of the proposed faux Elm tree, thereby minimizing visual impacts. 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 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 - (construction - CARLSBAlWlMCUP 06-04 - CARLSBADVILLAGE WATER TANK March 10, 2008 Page3 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 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The Planning Director 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 a building permit. 1. Approval is granted for MCUP 06-04 - CARLSBAD VILLAGE WATER TANK as shown on Exhibits "A" - "G" dated March 14, 2008 on file in the Planning Department 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 Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. 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 Minor 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. wvMCUP 06-04 - CARLSBAD VILLAGE WATER TANK March 10,2008 Page 4 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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. 7. MCUP 06-04 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, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor 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 Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of five (5) years from March 14, 2008 to March 13, 2013. 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 five (5) 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. 9. 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 Planning Director 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)(1); 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 Planning Director 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 Minor Conditional Use Permit. MCUP 06-04 - CARLSBAlWlLLAGE WATER TANK March 10, 2008 PageS 10. 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 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 approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Prior to the issuance of a building permit, owner/applicant 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 Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 Planning 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 owner/applicant or successor in interest. 12. 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. 13. 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. 14. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 15. 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. 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conforrhance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 18. 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 property line. - CARLSBA^ILLAGEMCUP 06-04 - CARLSBADVILLAGE WATER TANK March 10, 2008 PageS 19. The proposed panel antennas shall be painted to match the color of the proposed broad leaf faux Elm tree to the satisfaction of the Planning Director. 20. Developer shall maintain in good standing a license agreement (fully executed) with the City for use of and access to the project site. 21. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 22. Developer shall comply with the City's Stormwater Regulations. Developer 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 control 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. 23. Developer shall prepare a Water Pollution Control Plan to be included in the building permit plans submitted for review by the City. Said plans shall provide acceptable erosion control measures using best management practices to prevent off-site siltation during construction of the project as well as to stabilize the soil upon completion of the project. Said plans are subject to the City Engineer's approval. Code Reminders: 24. 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. 25. 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 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. 26. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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." MCUP 06-04 - CARLSBACTVILLAGE WATER TANK March 10,2008 Page? You have 90 days from the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $598.50 plus noticing costs. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. Sincerely, GARY T. BARBERIO Assistant Planning Director GTB:GF:lt c: Pacific View Estates HOA, 2221 David Place, Carlsbad, CA 92008 Marilyn Landblom, 2910 Austin Terrace, Carlsbad, CA 92008 Mark and Honey Haskell, 2919 Austin Terrace, Carlsbad, CA 92008 Jennifer Govind, 2927 Austin Terrace, Carlsbad, CA 92008 Diana Cook, 3002 Wintergreen Drive, Carlsbad, CA 92008 Mary Sea, 2918 Austin Terrace, Carlsbad, CA 92008 Susan Gardner, 2904 Austin Terrace, Carlsbad, CA 92008 Chris DeCerbo David Rick Cynthia Haas File Copy Data Entry