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HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65991 PLANNING COMMISSION RESOLUTION NO. 6599 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP 08-10) FOR THE 4 CONTINUED OPERATION OF AN EXISTING WIRELESS COMMUNICATIONS FACILITY CONSISTING OF TWO WALL MOUNTED EQUIPMENT CABINETS AND THREE 6 PANEL ANTENNAS HOUSED INSIDE A FAUX CHIMNEY ON THE ROOF OF AN EXISTING SINGLE FAMILY RESIDENCE 7 LOCATED AT 7412 CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. 8 CASE NAME: 7412 CADENCIA RESIDENCE 9 CASE NO.: CUP 08-10 10 WHEREAS, T-Mobile, Inc., "Applicant," has filed a verified application with the 11 City of Carlsbad regarding property owned by Dennphyll Holdings, LLC, "Owner," described 12 as 13 Lot 475 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in 14 the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the office of the 15 County Recorder of San Diego County, June 3,1974 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Permit as shown on Exhibits "A" - "D" dated April 5, 2000, on file in the Planning Department 20 7412 CADENCIA RESIDENCE - CUP 08-10, as provided by Chapter 21.50 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the Planning Commission did, on July 15, 2009, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 27 relating to the CUP. 28 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. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES 7412 CADENCIA RESIDENCE - CUP 08-10 based on the following findings and subject to the following conditions: 4 , Findings: 5 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, 7 if applicable, the certified local coastal program, specific plan or master plan, in that the General Plan recognizes that these types of facilities are necessary and essential to the infrastructural support of urban land uses and the site's RLM land use designation does not preclude the provision of quasi-public utility uses; furthermore, the community shall directly benefit due to the high demand for 10 mobile voice and data transmissions. 11 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 T-Mobile has provided a Radio Frequency (RF) Emissions Report to ensure that the RF emissions will not 13 exceed the FCC guidelines. The report indicates that the RF emissions of the T- Mobile antennas will be well below the FCC standard for continuous public 14 exposure; therefore, the project would not be detrimental in that it would not have a significant adverse impact on public health. The three (3) existing panel antennas would not be aesthetically detrimental since they are housed within a faux chimney ,s on the roof of a residential structure and the accessory equipment is located on the northern rear side of the home within wall mounted cabinets painted to match the 17 exterior of the structure and therefore, are blended into the existing architecture. 18 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 2Q planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the existing wireless communications facility is 21 not located within any of the required setbacks and has been adequately maintained as it was originally approved. The existing wireless communications facility does 22 not propose any modifications to the existing site, shape or internal traffic circulation routes. 24 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project generates only one trip per month 25 for maintenance. 2" 5. That the existing wireless communication facility is consistent with City Council Policy No. 64 in that: &• The facility is located in the (P-C) Planned Community residential zone, a "discouraged" location; however the applicant has demonstrated that no feasible alternative site exists within a "preferred" location that can achieve PC RESO NO. 6599 -2- the required coverage objectives as its current location. The applicant 2 submitted coverage maps identifying the coverage needs for the facility (see Attachment No. 6 and 7). The areas requiring coverage are the surrounding 3 residential properties. The applicant has demonstrated that there are no other properties within the vicinity that have a non-residential or open space 4 land use designation, and are at a high enough elevation to meet the required r WCF coverage objectives as the existing site. It was determined that the nearby SDG&E towers to the north are not a feasible alternative in that the 6 property is also located in a non-preferred location (open space) and placing a WCF on the towers could create significant visual impacts to surrounding 7 neighbors. Q b. The existing Wireless Communication Facility exhibits "stealth" design in o that the three existing panel antennas are fully concealed inside a 4' x 4' x 4'- 8" high faux chimney. The existing accessory equipment is located on the 10 northern rear side of the residential home within wall-mounted cabinets painted to match the exterior of the structure, and therefore blended into the 11 existing architecture. 12 c. An updated Radio Frequency (RF) Emissions Report (Attachment 8) was 13 submitted providing compliance with the Federal Communications Commission (FCC) RF Exposure Guidelines. The report indicates that the 14 RF emissions of the T-Mobile antennas will be well below the FCC standard for continuous public exposure. •. r 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 17 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, 18 of the state CEQA Guidelines. 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. 20 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 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 22 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 27 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 28 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. PC RESO NO. 6599 -3- 2. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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, (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, 5 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them 10 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, 11 different from this approval, shall require an amendment to this approval. 12 4. The Developer shall comply with all applicable provisions of federal, state, and local 13 ordinances in effect at the time of building permit issuance. 14 5. The developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. ... 6. The 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 17 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(n) Conditional 18 Use Permit by Resolution No. 6599 on the property. 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 2Q 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 21 showing of good cause by the Developer or successor in interest. If a Notice of Restriction is not recorded by October 15, 2009, this approval shall become null and 22 void. 23 7. Approval is granted for CUP 08-10, as shown on Exhibits "A" - "D", dated September 24 5, 2000 incorporated by reference and on file in the Planning Department. 25 8. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 26 9. CUP 08-10 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial 28 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director 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 PC RESO NO. 6599 -4- exercised; or 3) the Conditional Use Permit is being or recently has been exercised 2 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 3 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 4 being or has been so exercised as to be detrimental to the public health, safety or welfare c or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be 5 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 7 new conditions. Q 10. This Conditional Use Permit is granted for a period of 10 years from July 15, 2009 o through July 14, 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 uses and 10 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 11 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. 13 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 14 substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. , 6 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to 17 that Plan prior to the issuance of building permits. 18 12. 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 2Q amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine 21 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 22 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 24 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 25 that the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. 26 V 27 Engineering: 28 13. 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 treatment practices or devices, erosion control to prevent PC RESO NO. 6599 -5- silt runoff during construction, general housekeeping practices, pollution prevention and 2 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 3 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 4 5 NOTICE 6 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." 8 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 9 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 1. follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 12 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 13 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 ir NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16" 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6599 -6- 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 July 15, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery MARTELL B. MONTGOMERY, (pdrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6599 -7-