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HomeMy WebLinkAbout2016-03-16; Planning Commission; Resolution 7150 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 FOR THE REMOVAL AND REPLACEMENT OF SIX FOUR FOOT TALL PANEL ANTENNAS WITH SIX, EIGHT FOOT TALL ANTENNAS, SIX NEW REMOTE RADIO UNITS (RRU) AND ONE AC POWER SURGE SUPPRESSOR BEHIND THE ANTENNAS THAT ARE LOCATED ON AN EXISTING LIGHT STANDARD AT THE NORTHWEST CORNER OF THE ATHLETIC FIELD WITHIN THE CARLSBAD HIGH SCHOOL CAMPUS ON PROPERTY GENERALLY LOCATED AT 3557 MONROE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VERIZON CARLSBAD HS WCF CASE NO.: CUP 08-22(A) WHEREAS, Verizon Wireless, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Unified School District, “Owner,” described as All of Tracts 248 and 249, of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681, filed in the Office of the County Recorder of said County (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” – “H” dated February 3, 2016, on file in the Planning Division, CUP 08-022(A) – VERIZON CARLSBAD HIGH SCHOOL WCF, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 3, 2016, hold a duly noticed public hearing as prescribed by law to consider said request and continued the public hearing to March 16, 2016; 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. WHEREAS, on March 4, 2009, the Planning Commission approved CUP 08-22, as described and conditioned in Planning Commission Resolution No. 6536. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7150 PC RESO NO. 7150 -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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 08-22(A) – VERIZON CARLSBAD HS WCF, 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 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 amended WCF 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 Public General Plan 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 is integrated into a light standard, and is designed so that the antennas will be three feet apart and attached as close to the light standard as possible. 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 remove and replace six antennas on the existing light standard is not detrimental to existing uses, or to uses permitted in the zone in that the antennas are proposed to be mounted to an existing 100 foot tall steel light standard and the antennas are mounted as close to the light standard as technology will allow, thus reducing an outward noticeable appearance thereby minimizing any visual impacts. The project also complies with the Federal Communications Commission (FCC) Radio Frequency (RF) Exposure Guidelines. 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 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 in that the light standard which the proposed antennas are to be located on, is not within any of the required front, rear or side yard setbacks. 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 project is consistent with City Council Policy No. 64 Wireless Communication Facilities in that the location is considered “preferred” given that the antennas are proposed to be installed on public property. The new antennas are mounted as close to the light standard as technologically feasible and will be painted to match the color of the light PC RESO NO. 7150 -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 standard, thereby minimizing impacts. The existing WCF has been designed using “stealth” design techniques to the extent feasible including the screened equipment enclosure, and is consistent with the Design Guidelines listed in City Council Policy Statement No. 64. 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 City Planner 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 the issuance of building permits. 1. All conditions of approval imposed upon Conditional Use Permit CUP 08-22 as stated in Planning Commission Resolution No. 6536 shall be superseded by the conditions of approval contained herein for CUP 08-22(A). 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 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. 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 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 shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 PC RESO NO. 7150 -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 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. 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 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. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. Prior to the issuance of building permits, 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. 7150 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. 10. CUP 08-22(A) 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. 11. This Conditional Use Permit is granted for a period of ten years from March 16, 2016 through March 15, 2026. 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 ten years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission PC RESO NO. 7150 -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 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. 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 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. 13. 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: 14. 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: 15. 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. 16. 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. . . .