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HomeMy WebLinkAboutCUP 2019-0007; AT&T CALAVERA PARK; Admin Decision LetterOctober 29, 2019 FILE ~C<..,\ l-n(/\ I CCityof Carlsbad Tim Henion Depratti, Inc. c-Ol.-Q\. 10(31 ,., 2707 Tiburon Avenue Carlsbad, CA 92010 SUBJECT: CUP 2019-0007 (DEV2019-0085) -AT&T CALAVERA PARK -Request for approval of a Minor Conditional Use Permit (CUP 2019-0007) to allow for the installation of a new wireless communication facility (WCF) located at Calavera Hills ·Park at 2997 Glasgow Drive, in the Planned Community (P-C) Zone, within Villages E2 and F per the Calavera Hills Master Plan {MP 150) and within Local Facilities Management Zone 7. Dear Mr. Henion, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019- 0007 for a new WCF at 2997 Glasgow Drive. More specifically, the new WCF consists of six panel antennas, · 12 Remote Radio Units (RRUs) enclosed within a shroud mounted on top of a replacement 80-foot tall light pole. Also included is the construction of a new equipment enclosure that is to be built into the slope of the park property, consisting of three-sided 5'-10" tall masonry walls. · A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on August 8, 2019). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the 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, and is in harmony with the various element_s and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that 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 transmissions for businesses, individuals, public agencies and emergency service systems in this part of the city where coverage has been determined to be significantly weak; b) the proposed use is consistent with the General Plan in that the Open Space (OS) Land Use des- ignation does not preclude Wireless Communication Facilit/(WCF) uses; and c) the proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that the site is a preferred location in a public park as listed in Location Guideline A.1.e of the policy; and the six (6) panel antennas will be enclosed within a shroud constructed of radio frequency (RF) transparent materials, all of which exhibit a stealth design. In addition, the ,associated equipment will be located in an equipment enclosure, consisting of a solid S'-10" tall masonry walls located on park property. The project's location and stealth design comply with General Plan objectives th~t seek to maintain and enhance Carlsbad's appearance. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2019-0007 (DEV2019-0085)-AT&T CALAVERA PARK Page 2 October 29 2019 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 in that the proposed WCF is located in a preferred location (i.e. public park) according to Location Guideline A.1.e of City Council Policy No. 64, and all aspects of the WCF exhibit stealth design and are completely screened from view. The placement of the six (6) panel antennas within an enclosed shroud on a replacement SO-foot tall field light standard does not visually impact the existing site and does not interfere with, nor is it readily visible to, other surrounding uses. Ground ~quipment will be located within a three-sided slump block enclosure that matches existing similar enclosures on site and cabinets will be screened by new required landscape. Furthermore, a Radio Frequency Safety Survey Report Prediction (RFSSRP) was prepared by Waterford Consultants, LLC.(May 10, 2019) demonstrating that the proposed WCF com- plies with all Federal Communication Commission (FCC) requirements relating to RF exposure. Also, in accordance with Performance Guideline D.S of City Council Policy No. 64, the project has been conditioned to comply with FCC RF Exposure Guidelines. The architectural design of the antenna pole and equipment enclosure screened by landscaping match the existing field light and existing · enclosures in texture, paint and materials to the maximum extent practicable to ensure that the use is visually harmonious with the existing surroundings. 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 develop~ ment features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that all of the antennas will be located within a shroud and the equipment cabinet is located within a proposed screened enclosure, thereby exhibiting stealth design techniques. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing WCF requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that the proposed WCF is lo- cated within a preferred non-residential location (within an existing public park) as listed in Location Guideline A.1.e. of City Council Policy No. 64, and all aspects of the WCF exhibit stealth design and are completely screened by a shroud and enclosure with landscaping screening. The WCF use is not precluded by the project site's Planned Community (P-C) zoning or the Calavera Hills Master Plan. A Radio Frequency Safety Survey Report Prediction (RFSSRP) was prepared by Waterford Consult- ants, LLC (July 10, 2019) demonstrating that the proposed WCF complies with all Federal Communi- cation Commission (FCC) requirements relating to RF exposure. In accordance with Performance Guideline D.S of City Council Policy No. 64, the project has been conditioned to comply with FCC RF Exposure Guidelines. To ensure maintenance events do not impact the adjacent residential zone, the CUP has been conditioned to comply with maintenance hours listed under Performance Guide- line D.3 of City Council Policy No. 64. 6. That the City Planner 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 there- fore categorically exempt from the requirement for the preparation of environmental documents pur- suant to Section 15303 -New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project: CUP 2019-0007 (DEV2019-0085) -AT&T CALAVERA PARK Page 3 October 29 2019 7. That the request for a Minor Conditional Use Permit was adequately noticed at least ten {10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 8 .. The City Planner has reviewed each of the exactions imposed on the Developer contained in this ap- proval letter, 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: 1. Approval is granted for CUP 2019-0007 -AT&T Calavera Park as shown on Exhibi~s "A" -"J" dated October 29, 2019, 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 Minor Conditional Use Permit. 3. Staff is authorized and directed to mi3ke, or require the Developer to make, all corrections and modifications to the CUP 2019-0007 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 (t) 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 ofelectromagnetic fields or other energy waves or emissions. 5. The Develope·r 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 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. CUP 2019-0007 shall be reviewed by the City Planner 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 CUP 2019-0007 (DEV2019-0085) -AT&T CALAVERA PARK Page4 October 29 2019 surrounding properties or the public health, safety and general welfare. If the City Planner 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 City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner 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 ten (10} years from September 30, 2019 through September 30, 2029. 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 la'nd 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 ten (10} years, unless determined otherwise by the decision- maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/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 City Planner/Planriing Commission may grant. 9. 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 City Planner, 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 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 owner/applicant or successor in interest. 10. 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)(1); or (2) a project implementation report which provides cumuiative 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 minor conditional use permit amendment. CUP 2019-0007 {DEV2019-0085)-AT&T CALAVERA PARK Page 5 October 29 2019 11. 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. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 13. All landscape material damaged during trenching will need to be replaced in kind with 15-gallon materials minimum to the satisfaction of the Parks Superintendent. No trees shall be removed without approval from the Parks Superintendent. If trees are approved for removal replacements will need to be 24-inch box minimum. Irrigation systems that are damaged during construction shall be repaired by the developer/operator and approved by the Parks Superintendent or designee. 14. Developer/Operator shall observe the following maintenance hours given its close proximity to an adjoining residential zone: a. Except in an emergency posing an immediate public health and safety threat, maintenance ac- tivities shall only occur between 7 AM (8 AM on Saturdays) and sunset; and b. Maintenance shall not take place on Sundays or Holidays. 15. Any WCF that is not operated for a continuous period of 180 days shall be considered abandoned. Within 90 days-of receipt of notice from the City notifying the owner of such abandonment, the WCF owner must remove the facility and restore the site, as much as is reasonable and practical, to its prior condition. If such WCF is not removed within 90 days, the WCF will be considered a nuisance and in addition to any other available remedy, will be subject to ~batement under Chapt~r 6.16 of the Carlsbad Municipal Code. If there are two or more users of a single WCF, then this provision will not become effective until all users stop using the WCF. The provider or owner must give notice to the City Planner of intent to discontinue use of any facility before discontinuing the use. 16. Prior to the issuance of a building permit, developer/operator shall specify plant species and num- ber of shrubs to screen cabinets within the equipment enclosure and that are approved for use by the Park Superintendent. The shrubs shall be a species that will grow to the height of the equipment cabinets within one year of planting. The shrubs shall be planted at the front and sides of the equip- ment enclosure and shall fully screen the equipment cabinets within one year of planting. Any re- quired irrigation modifications shall be approved by the Parks Superintendent. Failure of the shrubs to fully screen the cabinets within one year of planting will require additional planting or other screening to the satisfaction of the City Planner. Engineering: 17. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private electrical conduit located over an existing Carlsbad Municipal Water District easement as shown on the site plan. Developer shall pay prbcessing fees per the city's latest fee schedule. 18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, CUP 2019-0007 (DEV2019-0085)-AT&T CALAVERA PARK Page 6 October 29 2019 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. Developer shall notify prospective owners and tenants of the above requirements. 19. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Code Reminders: 20. 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. 21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. CUP 2019-0007 {DEV2019-0085)-AT&T CALAVERA PARK Page 7 October 29 2019 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 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 Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Chris Sexton at (760) 602-4631. Sincerely, TERI DELCAMP Principal Planner TD:CS:mf c: Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry