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HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 6851PLANNING COMMISSION RESOLUTION NO. 6851 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ^ AMENDMENT TO A CONDITIONAL USE PERMIT TO 5 ALLOW THE ADDITION OF THREE (3) ADDITIONAL ^ PANEL ANTENNAS, ONE NEW GPS ANTENNA, AND TWO (2) NEW EQUIPMENT CABINETS TO AN EXISTING UNMANNED WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A 240 SQUARE FOOT AT GRADE Q EQUIPMENT ROOM AND SIX (6) PANEL ANTENNAS MOUNTED WITHIN TWO EXPANDED CHIMNEY 10 STRUCTURES AND ONE FAUX CHIMNEY LOCATED ON A 11 SINGLE FAMILY DWELLING UNIT AT 7512 CADENCIA STREET AND IN LOCAL FACILITIES MANAGEMENT ZONE 6. 13 CASE NAME: AT&T LA COSTA RESIDENCE WCF 14 CASE NO.: CUP 00-36xl(A) WHEREAS, AT&T Wireless, the "Applicant," has filed a verified applicafion 16 with the City of Carlsbad regarding property owned by Patrick and Viona L. Van Hoose, 12 18 19 20 'Owner," described as Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, 21 according to Map thereof No. 7950, filed in the office of the 22 County Recorder of San Diego County, June 3,1974 ("the Property"); and 23 24 25 WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibhs "A" - "H" dated December 7, 2011, on file in the 27 28 Planning Department AT&T LA COSTA RESIDENCE WCF - CUP 00-36xl(A), as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Amendment; and ^ WHEREAS, on September 15,2009, the City Council approved CUP 00-36x1 as 2 3 described and conditioned in City Council Resolution No. 2009-229; and 4 WHEREAS, on December 9, 2003, the City Council approved CUP 00-36 as 5 ^ described and conditioned in City Council Resolution No. 2003-325. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 8 ^ Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are tme and correct. 11 B) That based on the evidence presented at the public hearing, the Plarming Commission APPROVES AT&T LA COSTA RESIDENCE - CUP 00-12 13 36xl(A) based on the following findings and subject to the following conditions: 14 15 16 Note: These findings are not applicable to 1st Amendment uses; see Secfion 21.42.030.B 17 18 23 Findings: 1. That the requested amended use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general 19 plan, including, if applicable, the certified local coastal program, specific plan or master 2Q plan, in that use is necessary and desirable for the development of the community because of the benefit and demand for digital communications and data 21 transmissions for businesses, individuals, public agencies and emergency service 22 systems in this part of the city. The use is consistent with the General Plan in that the Residential Low-Medium Density (RLM) General Plan Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. 24 Additionally, the proposed antennas are the same size and shape as the existing 25 antennas and will be screened within two operational chimneys and one faux chimney. The new equipment cabinets will be located in the existing equipment room that is designed to match the existing residence. Therefore, the project's 27 stealth design complies with the General Plan objectives that seek to maintain and 28 enhance Carlsbad's appearance. 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 requested addition to the existing WCF to locate three new antennas within three chimneys and two new equipment cabinets within an existing equipment room is not detrimental to existing uses, or to uses permitted in the zone in that the amended project is stealth in design and the WCF use is not precluded by the project site's P-C Zoning or La Costa Master Plan. Furthermore, the placement of additional antennas within the two operational chimneys and one faux chimney and two (2) new equipment cabinets in the existing equipment room will not result in any additional building coverage, does not visually impact the existing site, and the WCF does not interfere with other PC RESO NO. 6851 -2- ^ surrounding uses. The project also complies with the Federal Communications 2 Commission (FCC) Radio Frequency (RF) Exposure Guidelines. 3 That the site for the proposed conditional use is adequate in size and shape to 4 accommodate the yards, setbacks, walls, fences, parking, loading facilifies, buffer areas, 5 landscaping and other development features prescribed in this code and required by the g Plaiming Director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in 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 g prescribed in this code in that the existing chimneys which the proposed antennas are to be located in are not within any of the required front, rear or side yard setbacks. The two (2) equipment cabinets located within the existing equipment 11 room also meets all development standards. 12 " That the street system serving the proposed use is adequate to properly handle all traffic 13 generated by the proposed use, in that the unmanned WCF use requires, on average, 14 only monthly maintenance visits and occasional visits in response to operational problems. The existing street system is adequate to properly handle any traffic generated by the use. 10 15 16 ly 5. That the proposed Wireless Communication Facility (WCF) remains consistent with 23 the location and design guidelines of City Council Policy No. 64, in that although the facility's antennas are located in the P-C Residential zone, a "discouraged" location, 19 the applicant has demonstrated that no feasible alternative site currently exists 2Q within a "preferred" location that can achieve the required WCF coverage objectives as its current location. Furthermore, the WCF is designed as a "stealth" 21 facility and the proposed three (3) new antennas will be located within the chimneys 22 and not viewable from any public view. The proposed two (2) new equipment cabinets will be located within the existing 240 square foot equipment room, which has been constructed adjacent to the existing garage. The policy encourages 24 collocation wherever feasible and appropriate. Consistent with this, the proposed 25 antennas and equipment will be collocated on the existing residence. ^ That the Plarming Director has determined that the project belongs to a class of projects 27 that the State Secretary for Resources has found do not have a significant impact on the 28 environment, and it is therefore categorically exempt from the requirement for the preparafion of environmental documents pursuant to Secfion 15301(e) - Additions to Existing Structures, of the state CEQA Guidelines. Additionally, as the WCF must comply with FCC regulafions, radio fi-equency emissions from the existing facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. In making this determinafion, the Planning Director has foimd that the exceptions listed in Secfion 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this approval, 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 exacfion is in rough proportionality to the impact caused by the project. PC RESO NO. 6851 -3- Conditions: 1 2 3 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 4 12 23 building permits. 5 1. All conditions of approval imposed upon Conditional Use Permit CUP 00-36 and ^ CUP 00-36x1 as stated in Planning Commission Resolution No. 6600 shall be ^ superseded by the conditions of approval contained herein for CUP 00-36xl(A). 2. If any of the following condifions fail to occur, or if they are, by their terms, to be g 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 10 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 property titie; institute and prosecute lifigation to compel their compliance with said 13 condifions or seek damages for their violafion. No vested rights are gained by Developer 14 or a successor in interest by the City's approval of this Conditional Use Permit ^ ^ Amendment. 16 3. Staff is authorized and directed to make, or require the Developer to make, all correcfions J J and modifications to the Conditional Use Permit Amendment documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall occur substanfially as shown on the approved Exhibits. Any proposed 19 development, different from this approval, shall require an amendment to this approval. 20 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 21 harmless the City of Carisbad, its Council members, officers, employees, agents, and 22 representatives, fi-om and against any and all liabilifies, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, direcfiy or indirectly, from (a) City's approval and issuance of this Conditional Use Permit 24 Amendment, (b) City's approval or issuance of any permit or acfion, whether 25 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installafion and operation of the facility permitted hereby, including without limitation, any and all liabilities arising fi"om the emission by the 27 facility of electromagnetic fields or other energy waves or emissions. This obligation 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6. This project shall comply with all condifions and mifigafion measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. This Condifional Use Permit Amendment (CUP 00-36xl(A)) shall be reviewed by the Planning Director on a yearly basis to determine if all condifions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties PC RESO NO. 6851 -4- 7 12 23 26 9. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. or the public health and welfare. If the Planning Director determines that the use has 2 such substantial negative effects, the Planning Director shall recommend that the 3 Planning Commission, after providing the permittee the opportunity to be heard, add ^ additional conditions to reduce or eliminate the substantial negative effects. 5 8. This Conditional Use Permit Amendment is granted for a period of ten years from g December 7, 2011 through December 6, 2021. 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 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 g not to exceed ten years upon written application of the permittee made no less than 90 days prior to the expiration date. The Plarming Commission may not grant such 10 extension, unless it finds that there are no substantial negative effects on surrounding land 11 uses or the public's health and welfare. If a substanfial negafive effect on surroimding 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 13 is no limit to the number of extensions the Planning Commission may grant. 14 15 16 10. If any condifion for constmction 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 residential housing project are challenged this approval shall be suspended as provided in 19 Govemment Code Section 66020. If any such condifion is determined to be invalid this 2Q approval shall be invalid unless the City Coimcil determines that the project without the condition complies with all requirements of law. 21 22 11- Developer shall submit to the City a Nofice of Restricfion 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 safisfacfion of the Planning Director, nofifying all interested 24 parties and successors in interest that the City of Carlsbad has issued a Conditional Use 25 Permit Amendment by Resolution No. 6851 on the property. Said Nofice of Restricfion shall note the property descripfion, locafion of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for 27 inclusion in the Notice of Restriction. The Planning Director has the authority to execute 28 and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12. Developer/Operator shall comply with the Federal Communicafion Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnefic fields. Wilhin 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 lo determine compliance with the RF exposure guidelines per 47 CFR ^1.1307(b)(1); or (2) a project 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 report shall be subject to review and approval by the Plarming Director for consistency PC RESO NO. 6851 -5- with the Project's preliminary report on RF exposure submitted with the initial project 2 application and for consistency with the FCC guidelines. If, on review, the City finds 3 that the Project does not meet the FCC guidelines, the City may revoke or modify this ^ conditional use permit. 5 13. Staff is authorized and directed to make, or require the Developer to make, all corrections g and modificafions to the Conditional Use Permit Amendment 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. 7 9 14. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 10 the Site Plan reflecting the conditions approved by the final decision-making body. 11 12 15. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 13 format. 14 16. This approval shall become null and void if building permits are not issued for this 15 project within 24 months fi*om the date of project approval. 28 17. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 16 17 18 19 Engineering: 20 18. Developer shall comply with the City's Storm water Regulations, latest version, and shall 21 implement best management pracfices at all fimes. Best management pracfices include 22 but are not limited to pollution treatment practices or devices, erosion control to prevent silt mnoff during constmction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 24 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or 25 storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 26 27 Code Reminders: 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. 20. Developer shall pay the citywide Public Facilifies Fee imposed by City Council Policy #17, the License Tax on new constmction 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 1, 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 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6851 -6- 9 25 NOTICE 3 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 4 "fees/exactions." 5 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 Govemment Code Section 6 66020(a), and file the protest and any other required informafion with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 7 follow that procedure will bar any subsequent legal acfion to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exacfions DOES NOT APPLY to water and sewer connecfion fees and capacity charges, nor planning, zoning, grading, or other similar applicafion 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 11 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 13 Commission of the City of Carlsbad, Califomia, held on December 7, 2011 by the following 14 vote, to wit: 1^ AYES: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully, and Siekmann 16 17 18 19 ABSTAIN: NOES: ABSENT: 20 21 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 22 23 ATTEST: 24 25 DON NEU Planning Director 27 " 28 PC RESO NO. 6851 -7-