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HomeMy WebLinkAbout2014-07-16; Planning Commission; Resolution 7063 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO 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 EQUIPMENT ROOM ATTACHED TO THE GARAGE AND SIX (6) PANEL ANTENNAS MOUNTED WITHIN TWO EXPANDED CHIMNEY STRUCTURES AND ONE FAUX CHIMNEY LOCATED ON A SINGLE FAMILY DWELLING UNIT AT 7512 CADENCIA STREET AND IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: AT&T LA COSTA RESIDENCE WCF CASE NO.: CUP 00-36x1(B) WHEREAS, AT&T Wireless, the “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by Patrick and Viona L. Van Hoose, “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, according to Map thereof No. 7950, filed in the office of the County Recorder of San Diego County, June 3, 1974 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” – “G” dated July 16, 2014, on file in the Planning Division AT&T LA COSTA RESIDENCE WCF – CUP 00-36x1(B), as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2014, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Amendment; and WHERAS, on December 7, 2011, the Planning Commission approved CUP 00-36x1(A) as described and conditioned in Planning Commission Resolution No. 6851; and WHEREAS, on September 15, 2009, the City Council approved CUP 00-36x1 as described and conditioned in City Council Resolution No. 2009-229; and PLANNING COMMISSION RESOLUTION NO. 7063 PC RESO NO. 7063 -2- 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 WHEREAS, on December 9, 2003, the City Council approved CUP 00-36 as described and conditioned in City Council Resolution No. 2003-325. 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. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES AT&T LA COSTA – CUP 00-36x1(B) based on the following findings and subject to the following conditions: Findings: Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B 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 plan, including, if applicable, the certified local coastal program, specific plan or master 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 transmissions for businesses, residences, individuals, public agencies and emergency service 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. Additionally, the proposed antennas are comparable in size and shape as the existing 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 stealth design complies with the General Plan objectives that seek to maintain and 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 surrounding uses. The project also complies with the Federal Communications Commission (FCC) Radio Frequency (RF) Exposure Guidelines. 3. That the site for the amended 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 City Planner, 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 PC RESO NO. 7063 -3- 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 development features 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 room also meets all development standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the unmanned WCF use requires, on average, 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. 5. That the amended Wireless Communication Facility (WCF) remains consistent with 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, the applicant has demonstrated that no feasible alternative site currently exists within a “preferred” location that can achieve the required WCF coverage objectives as its current location. Furthermore, the WCF is designed as a “stealth” facility and the proposed three (3) new antennas will be located within the chimneys 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 collocation wherever feasible and appropriate. Consistent with this, the proposed antennas and equipment will be collocated on the existing residence. 6. That the City Planner 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 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(e) – Additions to Existing Structures, of the state CEQA Guidelines. Additionally, as the WCF must comply with FCC regulations, radio frequency 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 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. 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 exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 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 00-36x1(B). 2. 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 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 PC RESO NO. 7063 -4- 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 condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 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 Amendment. 3. 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. 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 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 Amendment, (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, 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 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 conditions and mitigation 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. CUP 00-36x1(B) shall be reviewed by the City Planner annually 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, safety and general welfare. If the City Planner 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 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 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 or so as to constitute a nuisance, the City Planner shall recommend that the Planning 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 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit Amendment is granted for a period of ten years from July 16, 2014 through July 15, 2024. 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 PC RESO NO. 7063 -5- 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 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 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 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 9. 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 residential housing project are 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 unless the City Council determines that the project without the condition complies with all requirements of law. 10. 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 to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No. 7063 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 in the Notice of Restriction. The City Planner 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 or successor in interest. 11. 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 amendment request, the Developer/Operator shall submit to the City Planner either (1) verification that the project is categorically excluded from having to 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 City Planner for consistency 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 the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. 12. 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 14. 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 format. PC RESO NO. 7063 -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 15. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 16. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. Engineering: 17. 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 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 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 notify prospective owners and tenants of the above requirements. Code Reminders: 18. 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. 19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #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 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. . . . . . . . . . . . . . . . . . . . . . . . . NOTICE TO APPLICANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE 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." 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 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. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 16, 2014 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Black, Commissioners L'Heureux, Montgomery, Scully, Segall and Siekmann Commissioner Anderson ~/5~ NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION ATIEST: 27 DON NEU City Planner 28 PC RESO NO. 7063 -7-