HomeMy WebLinkAbout2009-03-04; Planning Commission; Resolution 65361 PLANNING COMMISSION RESOLUTION NO. 6536
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE REMOVAL
4 OF AN EXISTING WIRELESS COMMUNICATION FACILITY
5 (WCF), THE PLACEMENT OF A TEMPORARY MOBILE WCF
ON SITE DURING THE CONSTRUCTION PHASE, AND THE
6 INSTALLATION, OPERATION, AND MAINTENANCE OF A
NEW UNMANNED WCF CONSISTING OF THREE (3)
7 SECTORS OF FOUR (4) PANEL ANTENNAS (12 TOTAL)
AND ONE MICROWAVE ANTENNA MOUNTED TO A NEW
8 ATHLETIC FIELD SPORTS LIGHT STANDARD AND AN
9 EQUIPMENT ENCLOSURE AT THE BASE OF THE LIGHT
POLE WITHIN THE CARLSBAD HIGH SCHOOL PROPERTY
10 LOCATED AT 3557 MONROE STREET (LANCER WAY)
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
1l CASE NAME: VERIZON CARLSBAD HIGH SCHOOL WCF
12 CASE NO.: CUP 08-22
13 WHEREAS, Verizon Mobile, "Developer," has filed a verified application with
14 the City of Carlsbad regarding property owned by Carlsbad Unified School District, "Owner,"
described as
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Portions of Tracts 248 and 249 of Thum Lands, in the City of
17 Carlsbad, County of San Diego, State of California, according
to map thereof No. 1681, filed in the office of the San Diego
County Recorder on December 9,1951
19 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
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Permit as shown on Exhibits "A" - "H" dated March 4, 2009, on file in the Planning
23 Department, VERIZON CARLSBAD HIGH SCHOOL WCF - CUP 08-22, as provided by
24 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on March 4, 2009, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
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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
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relating to the CUP.
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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.
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES VERIZON CARLSBAD HIGH SCHOOL WCF - CUP 08-22,
based on the following findings and subject to the following conditions:
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Findings:11
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 type design
while 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 area is only seen by internal users of the school,
is located 85 feet from the nearest residence, and will be screened from view from
22 outside the school grounds. The panel antennas are not considered detrimental to
the existing residential uses in that the 12 panel antennas are proposed to be
23 mounted to a 100 foot tall steel light pole and the antennas are mounted as close to
the light pole as technology will allow thus reducing an outward noticeable
24 appearance thereby minimizing any visual impacts. The temporary WCF is not
detrimental to surrounding existing residences in that it will be located within an
existing construction staging area, the project has submitted a noise study that
shows the equipment at 20-25 feet away meets the City's Noise Guidelines of 60 dBA
CNEL and the nearest residence is 80 to 100 feet away, and the temporary WCF will
27 only exist until the permanent WCF is constructed and operating.
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,
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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, exhibits stealth design, and is screened by decorative block
walls and landscaping to further reduce its visibility from public view. The location
of the panel antennas on the light pole will reduce the visual impact of the WCF by
r eliminating the need to install a new separate pole structure to achieve the needed
height to provide WCF coverage for the area. The O-S zone contains only one
6 relevant development standard: a 25-foot maximum height unless a higher elevation
is approved by a CUP issued by the Planning Commission. The antennas are
7 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 the pole as technologically feasible and are
9 conditioned to be painted to match and blend in with the light pole. The site for the
temporary WCF meets all setbacks and will be screened by construction fencing.
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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
12 only routine monthly maintenance visits and occasional visits in response to
operational problems. The existing street system is adequate to property handle any
13 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
being installed on Public Property and the project is placing the equipment in an
16 enclosure which is constructed with decorative block walls and further screened
with landscaping thereby reducing the enclosures visibility to the surrounding
17 public. 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
19 technologically feasible thus reducing an outward noticeable appearance, and is
conditioned to be painted to match the color of the light pole, thereby minimizing
20 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 and
21 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
26 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.
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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.
t- Conditions:o
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
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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
10 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
, 2 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
15 and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
17 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
regulations in effect at the time of building permit issuance.
2Q 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
21 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
22 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
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
25 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,
27 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
28 (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
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facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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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
r Plan prior to the issuance of building permits.
6 7. Developer/Operator shall comply with the Federal Communication Commission's
guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields.
7 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
9 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
10 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
1 report shall be subject to review and approval by the Planning Director for consistency
12 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
13 the Project does not meet the FCC guidelines, the City may revoke or modify this
conditional use permit.
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8. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
16 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
17 condition, free from weeds, trash, and debris.
1 8 9. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
i o landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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10. CUP 08-22 shall be reviewed by the Planning Director on a yearly basis to determine if
21 all conditions of this permit have been met and that the use does not have a substantial
-,- negative effect on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such substantial negative effects, the
23 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
24 substantial negative effects.
JC 11. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
26 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 Planning
27 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Conditional Use Permit by Resolution No. 6536 on the property.
28 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
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conditions or restrictions specified for inclusion in the Notice of Restriction. The
2 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 Developer
3 or successor in interest.
4 12. Prior to issuance of the building permit, Developer shall submit an acoustical
c 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
6 dB(A) exterior noise level as measured from the nearest residential property line.
7 13. The proposed panel antennas shall be painted to match the color of the new light
standard to the satisfaction of the Planning Director.o
9 14. This Conditional Use Permit is granted for a period often (10) years from March 4, 2009
to March 4, 2019. This permit may be revoked at any time after a public hearing, if it is
10 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 ten (10) years upon
12 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
13 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
14 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.
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Engineering:
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15. The Developer shall apply for and obtain an encroachment agreement and a Right-of-Way
1 8 (ROW) permit for any work proposed within the public right-of-way.
19 16. Prior to issuance of building permit, Developer shall complete and submit to the City
20 Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering
Standards. Concurrent with the PTAF, the Engineering Department shall also submit the
21 appropriate Tier level Storm Water Compliance form and Tier level Storm Water
Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the City Engineer.
23 17. Developer shall comply with the City's Stormwater Regulations. Developer shall
24 implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
25 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
27 practicable.
28 ...
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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
4 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
c 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.
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20. Developer shall pay a landscape plancheck and inspection fee as required by Section
10 20.08.050 of the Carlsbad Municipal Code.
NOTICE
12
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."
15 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
16 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.
19 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,
20 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
22 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on March 4, 2009 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
MARTELL B. MONTG<$MERY, (£j»rperson
CARLSBAD PLANNING COMMMSION
ATTEST:
DON NEU
Planning Director
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