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HomeMy WebLinkAbout2009-02-04; Planning Commission; Resolution 65281 PLANNING COMMISSION RESOLUTION NO. 6528 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW 4 THE REMOVAL OF AN EXISTING WIRELESS COMMUNICATION FACILITY (WCF) FROM AN ATHLETIC FIELD SPORTS LIGHT STANDARD, THE PLACEMENT OF A 6 TEMPORARY MOBILE WCF ON SITE DURING THE CONSTRUCTION PHASE, AND THE INSTALLATION, 7 OPERATION, AND MAINTENANCE OF AN UNMANNED WCF CONSISTING OF THREE (3) SECTORS OF FOUR (4) 8 PANEL ANTENNAS (12 TOTAL) MOUNTED TO A NEW 9 ATHLETIC FIELD SPORTS LIGHT STANDARD AND AN EQUIPMENT ENCLOSURE AT THE BASE OF THE LIGHT 10 POLE WITHIN THE CARLSBAD HIGH SCHOOL PROPERTY LOCATED AT 3557 MONROE STREET AND IN LOCAL 1! FACILITIES MANAGEMENT ZONE 1. CASE NAME: T-MOBILE-CARLSBAD HIGH SCHOOL WCF 13 CASE NO.: CUP 99-14(A) 14 WHEREAS, T-Mobile, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Unified School District, "Owner," described 16 as 17 Portions of Tracts 248 and 249 of Thum Lands, in the City of10° Carlsbad, County of San Diego, State of California, according jo to map thereof No. 1681, filed in the office of the San Diego County Recorder on December 9,1951 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Conditional Use 23 Permit Amendment as shown on Exhibits "A" - "J" dated February 4, 2009, on file in the 24 Planning Department, T-MOBILE/CARLSBAD HIGH SCHOOL WCF - CUP 99-14(A), as 7S provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on February 4, 2009, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CUP Amendment. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES T-MOBILE/CARLSBAD HIGH SCHOOL WCF - CUP 99- 14(A), based on the following findings and subject to the following conditions: 10 Findings: 11 , ry 1. That the 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, 13 if applicable, the certified local coastal program, specific plan or master plan, in that the requested use is necessary and desirable for the development of the community 14 because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies, and emergency service systems. The proposed use is consistent with the General Plan in that the High 16 School Land Use designation does not preclude the provision of WCF uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF is integrated 17 into a light standard, is designed so that the antennas will be 3 feet apart and attached as close to the light standard as allowed thus exhibiting stealth design while 1 ° only minor alterations to the site are proposed to install the WCF. 19 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 20 in the zone in which the proposed use is to be located in that visual impacts will be minimal as the proposed equipment is only seen by internal users of the high school, 21 is located adjacent to the grandstand bleachers, and will not be visible to the public. The panel antennas are not considered detrimental to the existing residential uses in that the 12 panel antennas are proposed to be mounted to a 100 foot tall steel light 23 pole and the antennas are mounted as close to the light pole as technology will allow thus reducing an outward noticeable appearance thereby minimizing any visual 24 impacts. The temporary WCF is not detrimental to surrounding existing residences in that it will be located within an existing construction staging area, the applicant has submitted a noise study that shows that the equipment noise at a distance of 18 2g feet away meets the City's Noise Guidelines of 45 dBA CNEL and the nearest residence is 80 to 100 feet away, and the temporary WCF will only exist until the 27 permanent WCF is constructed and operating. 28 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, PC RESO NO. 6528 -2- landscaping and other development features prescribed in this code and required by the 2 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the equipment area complies with the OS Zone 3 development standards, is internal to the site, is located adjacent to the grandstand bleachers, and is minimally screened by landscaping of which will further reduce its 4 visibility from public view. The location of the panel antennas on the light pole will 4- reduce the visual impact of the WCF by eliminating the need to install a new separate pole structure to achieve the needed height to provide WCF coverage for 6 the area. The O-S zone contains only one relevant development standard: a 25-foot maximum height unless a higher elevation is approved by a CUP issued by the 7 Planning Commission. The antennas are mounted at a height of 68 feet to meet the Radio Frequency (RF) calculations of clearance from solid interference (obstructions) and FCC standards. The antenna panels will be mounted as close to 9 the pole as technologically feasible and are conditioned to be painted to match and blend in with the light pole. The site for the temporary WCF meets all setbacks and 10 will be screened by construction fencing. * *• 4. That the street system serving the proposed use is adequate to properly handle all traffic ,~ generated by the proposed use, in that the use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to 13 operational problems. The existing street system is adequate to property handle any traffic generated by the use. 14 5. That the proposed wireless communication facility is consistent with City Council Policy Statement No. 64, in that the location is considered "preferred" given that the WCF is 16 being installed on Public Property and the project is placing the equipment area internal to the site, reducing any potential for visibility to the surrounding public. 17 The WCF has been designed using "stealth" design techniques to the extent feasible and is consistent with the Design Guidelines listed in City Council Policy Statement No. 64. The 12 panel antennas are mounted as close to the light pole as i n technologically feasible will allow thus reducing an outward noticeable appearance, and is conditioned to be painted to match the color of the light pole, thereby 20 minimizing any visual impacts. While the temporary WCF is not "stealth" in design it will only be there for a limited duration until the permanent WCF is constructed 21 and operating. 22 6. That the Planning Director has determined that the project belongs to a class of projects 23 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 24 preparation of environmental documents pursuant to Section 15303 (construction and installation of small new equipment facilities or structures) - of the state CEQA Guidelines. Additionally, as T-Mobile must comply with FCC regulations, radio 25 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 27 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. 28 PC RESO NO. 6528 -3- 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section IB). 3 8. 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 4 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:o 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permit. 8 1. 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 iri 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 11 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 12 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 14 Amendment. 15 2. 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. , j Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 18 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 19 regulations in effect at the time of building permit issuance. 20 4. If any condition for construction of any public improvements or facilities, or the payment 21 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 22 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. 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 25 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 26 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 Amendment, (b) City's approval or issuance of any permit or action, whether 28 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, PC RESO NO. 6528 -4- including without limitation, any and all liabilities arising from the emission by the 2 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 3 approval is not validated. 4 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. 6 7. Developer/Operator shall comply with the Federal Communication Commission's 7 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 9 (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 10 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 , ry 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 13 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 14 conditional use permit. 8. Developer shall submit and obtain Planning Director approval of a Final Landscape and \ 5 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 17 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.18 iQ 9. 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 20 project's building, improvement, and grading plans. 21 10. CUP 99-14(A) 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 23 Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 24 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. /-_? 26 11. Prior to the issuance of the building 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 27 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 28 Carlsbad has issued a Conditional Use Permit Amendment by Resolution No. 6528 on the property. Said Notice of Restriction shall note the property description, location of PC RESO NO. 6528 -5- the file containing complete project details and all conditions of approval as well as any 2 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 3 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 4 e 12. Prior to issuance of the building permit, Developer shall submit an acoustical analysis complying with the City requirements of the Carlsbad Noise Guidelines 6 Manual to ensure that the proposed WCF and temporary WCF noise sources will comply with the 60 dB(A) exterior noise level as measured from the nearest 7 residential property line. 8 13. The proposed panel antennas shall be painted to match the color of the new light 9 standard to the satisfaction of the Planning Director. 10 14. This Conditional Use Permit is granted for a period often (10) years from February 4, 2009 to February 4, 2019. 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 12 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) 13 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 14 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 15 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 17 Engineering:18 15. The Developer shall apply for and obtain an encroachment agreement and a Right-of-Way (ROW) permit for any work proposed within the public right-of-way. 20 16. Prior to issuance of building permit, Developer shall complete and submit to the City 21 Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, the Engineering Department shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water 23 Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 24 17. Developer shall comply with the City's Stormwater Regulations. Developer shall 25 implement best management practices at all times. Best management practices include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and 27 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 28 practicable. PC RESO NO. 6528 -6- Code Reminders: 2 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 3 #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 6, 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 6 approval will not be consistent with the General Plan and shall become void. 7 19. 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. 9 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 1 . 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 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 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 19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6528 -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 February 4, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MA CARLSBAD PLANNINOCOMMIWDN ATTEST: 7L DON NEU Planning Director PC RESO NO. 6528 -8-