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HomeMy WebLinkAbout2014-09-17; Planning Commission; Resolution 6996 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 A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONTINUED OPERATION OF AND REVISIONS TO AN EXISTING WIRELESS COMMUNICATION FACILITY CONSISTING OF THREE PANEL ANTENNAS HOUSED WITHIN A FAUX CHIMNEY ON THE ROOF OF AN EXISTING SINGLE FAMILY RESIDENCE AND THE RELOCATION OF EXISTING EQUIPMENT CABINETS TO A NEW ENCLOSURE AT THE REAR OF THE PROPERTY LOCATED AT 7412 CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: SD06369 CADENCIA CASE NO.: CUP 13-01 WHEREAS, T-Mobile, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Thomas & Tanya Codd, “Owner,” described as Lot 475 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 as shown on Exhibits “A” – “J” dated July 17, 2013, on file in the Planning Division, SD06369 CADENCIA – CUP 13-01, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 17, 2013, September 4, 2013, July 16, 2014 and September 17, 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. 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 hearings, the Commission APPROVES SD06369 CADENCIA – CUP 13-01, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 6996 PC RESO NO. 6996 -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 Findings: (Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B) 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 requested 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, individuals, public agencies and emergency service systems. The proposed use is consistent with the General Plan in that the Residential Low Medium Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design and only minor alterations to the existing site are proposed. 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 an updated Radio Frequency (RF) Emissions Report to ensure that the RF emissions will not exceed the FCC guidelines. The report indicates that the RF emissions of the T-Mobile antennas will be below the FCC standard for continuous public 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 on the roof of a residential structure and therefore, are blended into the existing architecture. The accessory equipment will be relocated to the rear of the property in a proposed enclosure that is partially below grade and painted green to match the existing and proposed landscaping, that will visually screen the enclosure therefore exhibiting stealth design. Furthermore, a noise study has been submitted demonstrating that the relocated equipment will comply with the city’s Noise Guidelines Manual, ensuring compatibility with the existing residences. 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 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the three (3) panel antennas are existing and housed within a faux chimney on the roof of a residential structure. Furthermore, the equipment shelter complies with all development standards including setbacks and is partially below grade, screened by landscaping and painted green to further reduce its visibility from public view. 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 only routine monthly maintenance visits and occasional visits in response to operational problems. Venado Street will be used to access the equipment cabinets and Cadencia Street will be used to access the panel antennas. The existing street system is adequate to property handle any traffic generated by the use. . . . . . . PC RESO NO. 6996 -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 5. That the proposed wireless communication facility is consistent with City Council Policy Statement No. 64, in that: a. 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 the required coverage objectives at its current location. The applicant submitted coverage maps identifying the coverage needs for the facility. The areas requiring coverage are the surrounding residential properties. The applicant has demonstrated that there are no other properties within the vicinity that have a non-residential land use designation, and are at a high enough elevation to meet the required 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 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 neighbors. b. The existing WCF exhibits “stealth” design in 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 being relocated from the northern rear side of the residential home to a new enclosure toward the rear of the property. The enclosure will be partially below grade and will be painted green to blend into the existing and proposed landscaping that screen the structure, and therefore exhibits stealth design in its proposed location. c. An updated Radio Frequency (RF) Emissions Report, dated January 30, 2013, was submitted providing compliance with the Federal Communications Commission (FCC) RF Exposure Guidelines. The report indicates that the RF emissions of the T-Mobile antennas are below the FCC standard for continuous public exposure. 6. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 7. 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 (Existing Facilities) and 15303 (New Construction of Small Structures) of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 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 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 building permit issuance. 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 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. 6996 -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. 2. 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 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. 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. 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 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. 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 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, (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. 6. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 8. 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. 9. 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 (including any applicable Coastal Commission approvals). PC RESO NO. 6996 -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 10. 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. 11. This approval shall become null and void if building permits are not issued for this project within 9 months from the date of project approval. Construction shall be completed and the project shall obtain approval of a Final Inspection within 6 months of the date of building permit issuance. 12. 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 by Resolution No. 6996 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. 13. 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. 14. CUP 13-01 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. 15. Except in an emergency posing an immediate public health and safety threat, maintenance activities should only occur between 9 AM and 5 PM Monday through Friday. Maintenance should not take place on Saturdays, Sundays or holidays. PC RESO NO. 6996 -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 16. Within 6 months from the date of building permit issuance for the project, all existing equipment and cabinets on the north side of the home shall be relocated to the new existing equipment enclosure near Venado Street or removed from the property. After relocation or removal of the equipment, the area shall be restored to the condition that existed prior to installation. 17. This Conditional Use Permit is granted for a period of 10 years from September 17, 2014 through September 16, 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 for a reasonable period of time not to exceed 10 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. Engineering Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 18. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Fees/Agreements 19. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 20. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 21. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private wrought iron fence, stairs and gate located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. 22. 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 control 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 stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. PC RESO NO. 6996 -7- 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 23. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 24. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 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. . . . . . . . . . . . . . . . . . .