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HomeMy WebLinkAbout2010-03-03; Planning Commission; Resolution 65721 PLANNING COMMISSION RESOLUTION NO. 6572 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP 09-04) FROM MARCH 3, 4 2010 THROUGH MARCH 2, 2020 TO ALLOW FOR THE 5 CONTINUED OPERATION OF AN EXISTING UNMANNED WIRELESS COMMUNICATION FACILITY LOCATED ON AN 6 EXISTING 150 FOOT TALL LATTICE TOWER NORTH OF SQUIRES DAM IN THE OPEN SPACE ZONE AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 15. CASE NAME: SQUIRES DAM COMMUNICATION SITE 8 CASE NO.: CUP 09-04 9 WHEREAS, Verizon Wireless, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as 12 Portion of Lot C of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according 13 to Map No. 823 filed in the Office of the County Recorder of San Diego, November 16,1896 14 ("the Property"); and 15 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "B" dated August 2, 1995, on file in the Planning 18 Department SQUIRES DAM COMMUNICATION SITE - CUP 09-04, as provided by 19 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on March 3, 2010, hold a duly ~~ noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 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 CUP 09-04 - SQUIRES DAM COMMUNICATION SITE based on the following findings and subject to the following conditions: Findings: 6 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, if applicable, the certified local coastal program, specific plan or master plan, in that the existing Wireless Communication Facility is necessary and desirable for the 9 development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies, 10 and emergency service systems. The WCF is consistent with the General Plan in that the Open Space Land Use designation allows the installation of WCF uses. C.17. of the Implementing Policies and Action Programs in the Open Space Element 12 of the General Plan is to provide the public with essential utilities, public facilities and services. 13 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 existing Wireless . <- Communication Facility 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 15 CUP application does not propose any modifications to the existing facility or site. The Wind Load Study for the project (Next Step Design Inc., September 2009) 17 concludes that the tower is structurally sound as designed and therefore is not physically detrimental to adjacent residential uses. The project also complies with the City's Noise Guidelines Manual to ensure that the existing WCF noise emissions remain compatible with the existing residences. Although the existing 150 foot tall lattice tower is clearly visible to the public, the use is not considered detrimental 20 (from a health and safety perspective) to the existing residential uses. The visual nuisance of this WCF facility is minimized in that the antennas are mounted as close to the tower as technically possible. 22 3. That the site for the proposed conditional use is adequate in size and shape to 23 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 24 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the WCF is proposed on an existing lattice tower that was approved and constructed as CUP 87-07, 75 feet from the nearest 25 residential property line. The tower location was dictated by policies in place at that time and the operational needs of the applicant. City Council Policy 64 currently 27 identifies existing lattice towers as a preferred location for new WCFs. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the only street system required is the existing PC RESO NO. 6572 -2- access road to the site, and this road will continue to be maintained. No traffic is 2 generated by the existing use except for one monthly on-site maintenance visit. 3 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 continuing to operate in a preferred location in an Open Space zone on an existing r communication tower near Maerkle Reservoir. The existing Wireless Communication Facility does not exhibit a stealth design since the technology is not 6 yet available to stealth the antennas. At the time CUP 87-07(B) was approved, City Council Policy No. 64 (which requires stealth design) had not been adopted; the 7 - applicant has steadfastly contended that new technology is not available to replace the current equipment with "stealth" devices; and the only available tower designs for the Wireless Communication Facility are either a lattice tower or mono-pole. 9 Mono-poles can be disguised as trees to provide a stealth design; however, at this site, the determining factor for the original lattice tower is the capability such 10 facility provides for the location of multiple antennas on a single tower given the potential wind loads at this elevation. Additionally, the wireless cellular industry does not have mono-palms or other types of trees at the height required for the cell 12 site to work effectively. The existing 150 foot tall WCF lattice tower is setback approximately 75 feet from the nearest residential property line. It would be 13 extremely difficult and costly to relocate the WCF to achieve a 150 foot setback from the property line of the adjacent single-family residences located in the City of 14 Vista. The specific location of the tower was originally chosen because of the tower's line-of-sight requirements and the Federal Communications Commission's requirements which preclude interference with existing uses. The WCF had to 15 locate outside of Cablevision's transmit/receive signal paths and had to locate where its signals were not impacted by Cablevision's facility. By choosing this particular 17 site, the WCF complied with FCC and FAA standards. The WCF is setback much more than the 150 feet from the nearest residential zone boundary in the City of Carlsbad. It would be costly and difficult to move the lattice tower and would I o temporarily disrupt service. Additionally, the applicant also has a license agreement for a particular portion of the property on which the lattice tower is located. 20 Verizon Wireless would have to either lease additional space or negotiate a different lease. The WCF cannot operate at a lower height and maintain similar wireless 21 coverage and microwave interconnection without severely impacting Verizon Wireless' system reliability. 23 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 24 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has 25 found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 27 28 PC RESO NO. 6572 -3- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 6 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 7 or a successor in interest by the City's approval of this Conditional Use Permit. 2. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 9 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 10 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, 11 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 13 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 '4 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 15 3. 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 17 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. 19 4. Developer shall report, in writing, to the Planning Director within 30 days, any address 20 change from that which is shown on the permit application. 21 5. Approval is granted for CUP 09-04, as shown on Exhibits "A"-"E", dated March 3, 2010 incorporated by reference and on file in the Planning Department. 23 6. CUP 09-04 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 24 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 25 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 27 not been met; or 4) the use for which such approval was granted has ceased to exist or has 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 being or has been so exercised as to be detrimental to the public health, safety or welfare PC RESO NO. 6572 -4- or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 2 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 3 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.4 7. This Conditional Use Permit is granted from March 3, 2010 for a period of ten (10) years through March 2, 2020. This permit may be revoked at any time after a public g 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 7 met. This permit may be extended for a reasonable period of time not to exceed ten 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 0 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 10 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 11 the number of extensions the Planning Commission may grant. 12 8. The maximum number of antennas allowed on this tower shall be fifty-six (56) and 13 shall consist of a maximum of thirty (30) directional (panel) antennae, a maximum of 6 omni-directional (whip) antennas, and a maximum of twenty (20) digital (dish) 14 antennas. These dishes may have varying locations on the tower as needed to perform their functions. However, the dish antenna may be placed on the tower at a height no lower than 55 feet on centerline from the ground. No antennas beyond i f this number are allowed without a CUP amendment. 17 9. All maintenance of the site is to be performed during daylight hours only, except in the case of an emergency. 18 .„ 10. The applicant shall maintain a six-foot high chain link fence around the site perimeter. 20 11. The applicant shall submit and obtain Planning Director approval of a landscape 2' and irrigation plan that includes additional landscaping to soften the appearance of 22 the base of the facility and to further attenuate noise. The plan shall be in conformance with the City's Landscape Manual and comply with all Fire •" Prevention requirements for landscaping within any required fire suppression 24 buffer area. The plan shall be submitted within 6 months of the date of approval for the conditional use permit. The applicant shall construct and install all landscaping 9 c and irrigation as shown on the approved Final Plans within 6 months from the date the 26 plans are approved, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 27 2g 12. The applicant shall submit and obtain Planning Director approval of a safety plan that deters persons from entering the facility and gaining access to the tower PC RESO NO. 6572 -5- structure. The Planning Director shall obtain the recommendations of 2 representatives of the Police Department on the applicant's proposed plan. The plan shall be submitted within 6 months of the date of approval for the conditional 3 use permit. The applicant shall make all improvements included in the approved safety plans within 6 months from the date the plans are approved. 4 <- Engineering: 6 13. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include 7 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 9 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall 10 notify prospective owners and tenants of the above requirements. 11 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 i o 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, 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. 23 24 25 26 27 28 PC RESO NO. 6572 -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 March 3, 2010 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Nygaard, and Schumacher Commissioner Montgomery FARRAHTTDOUGLAS, CTTmrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6572 -7-