HomeMy WebLinkAbout2016-07-06; Planning Commission; Resolution 71771
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PLANNING COMMISSION RESOLUTION NO. 7177
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR REVIEW PERMIT AND
COASTAL DEVELOPMENT PERMIT TO ALLOW THE INSTALLATION,
OPERATION AND MAINTENANCE OF AN UNMANN~D WIRELESS
COMMUNICATION FACILITY CONSISTING. OF SIX (6) PANEL ANTENNAS
MOUNTED WITHIN A 48 INCH RADOryJE CYLINDE~c.~·)N A NEW LIGHT
STANDARD THAT WILL REPLACE AN .EXISTING LIGHT STANDARD AND
ASSOCIATED EQUIPMENT AT THE NORTHEAST CORNER OF THE
ATHLETIC FIELD WITHIN THE ARMY & NAVY ACADEMY ATHLETIC
FACILITY GENERALLY LOCATED AT 2600 CARLSBAD BOULEVARD IN THE
VILLAGE SEGMENT OF THE CERTIFIED LOCAL COASTAL PROGRAM AND
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VERIZON ARMY & NAVY ATHLETIC FACILITY WCF
CASE NO: RP 16-01/CDP 16-03
WHEREAS, Verizon Wireless, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Army & Navy Academy, "Owner," described as
The certain unnamed Parcel on Parcel Map No. 21046, in the City of
Carlsbad, County of San Diego, State of California, recorded in the
Office of the County Recorder of said County on May 7, 2013
("the Property"); and
WHEREAS, said verified application constitutes a request for a Minor Review Permit and
Coastal Development Permit as shown on Exhibit(s) "A"-"K" dated July 6, 2016, attached hereto and
on file in the Carlsbad Planning Division, RP 16-01/CDP 16-03-VERIZON ARMY & NAVY ATHLETIC
FACILITY WCF, as provided in Chapters 21.201.030, 21.35.080 and 21.42.050 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on July 6, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request;
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 Minor Review Permit and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.,
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
RP 16-01/CDP 16-03-VERIZON ARMY & NAVY ATHLETIC FACILITY WCF, based on the
following findings and subject to the following conditions:
Findings:
Minor Review Permit, RP 16-01
1. That the project as approved, or conditionally approved is consistent with the Carlsbad Municipal
Code, the General Plan, and the carlsbad Village Master Plan and Design Manual in that it meets
setback requirements and is consistent with the previously approved height for the light
standards; it provides an accessory communication facility in an appropriate location within the
Village that will help maintain and enhance services and quality of life in the Village for
residents, tourists, business community and the region as a whole, including emergency
services; and it has been designed in a manner that will help reduce visibility of the antennas
and associated ground equipment.
2. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives ofthe general plan, including, if applicable, the
certified local coastal program, specific plan or master plan in that the requested WCF 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 Village Land Use designation does not preclude the
provision of WCF uses. The use is in harmony with objectives that seek to maintain and enhance
Carlsbad's appearance in that the WCF is integrated into a light standard; is designed so that
the antennas will be attached as close to the light standard as possible with a concealing
radome; and the standard and associated equipment are located close to the rear of the existing
building within one of the least prominent viewsheds of the site.
3. 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 WCF is not detrimental to
existing uses, or to uses permitted in the zone in that the antennas are proposed to be mounted
to a replacement light standard that is the same height as the existing light standard, and
antennas are mounted as close to the light standard as technology will allow, thus reducing an
outward noticeable appearance and minimizing visual impacts. The project also complies with
the Federal Communications Commission (FCC) Radio Frequency (RF) Exposure Guidelines.
4. That the site for the proposed 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 in order to
integrate the use with other uses in the neighborhood in that the light standard on which the
proposed antennas are to be located is the same height as the existing standard; the light
standard with the WCF and the associated equipment enclosure are located near the rear of the
site, closest to the gymnasium which reduces visibility of the facility; and the light standard and
equipment are not within any required front, rear or side yard setbacks.
5. 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 will require, on average, only monthly
maintenance visits and occasional visits in response to operational issues. The existing street
system is adequate to properly handle any traffic generated by the use.
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monthly maintenance visits and occasional visits in response to operational issues. The
existing street system is adequate to properly handle any traffic generated by the use.
That the proposed WCF is consistent with City Council Policy No. 64 in that the location is
considered "preferred" given that the antennas are proposed to be installed on a structure
that already exists for the purpose of lighting the athletic field, and within a non-residential
zone. The replacement light standard will be. the same height as the existing light standard.
The proposed site is more than 81 feet away from the Residential Support District to the east,
and the facility complies with the building se~back requirements for the Tourism Support
District as established through the prior approval of the athletic facility. The proposed WCF
has been designed using "stealth" design techniques to the extent feasible. The new antennas
will be mounted as close to the light standard as technologically feasible within a four foot
diameter radome. The radome will be painted to match the color of the light standard,
thereby minimizing impacts. The equipment enclosure will be screened by the gymnasium
behind it, vines to be planted on the enclosure fence, and painting the equipment to match
the adjacent building. Site selection information was provided that indicates other locations
are not feasible. Color photo-simulations have been provided to show that the project will not
substantially alter views to the site from surrounding viewpoints.
Coastal Development Permit, COP 16-03
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for non-residential uses and is already
developed with an athletic facility consisting of a gymnasium, athletic field with artificial turf
and field lights, and stadium seating. The project consists of replacing one of the existing field
light standards with a new standard that is the same height as the existing, and installing an
unmanned WCF on the light standard, The WCF will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural activities, sensitive resources, geological instability, flood hazard
or vertical coastal access opportunities exist onsite. Furthermore, the WCF facility is not in an
area of known geologic instability or flood hazards.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project is located outside of the coastal shoreline development overlay
zone. Therefore, compliance with the public access and recreation policies of Chapter 3 of the
Coastal Act is not required.
The project is consistent with the provisions of .the Coastal Resource Protection Overlay Zorie ,
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water ·
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
23 avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
24 susceptible to accelerated erosion, floods, or liquefaction.
25 General:
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10. That the City Planner has determined that the project belongs to a class of projects that the
State Secre~ary 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
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the state CEQA Guidelines. Additionally, because the WCF must comply with FCC regulations,
radio frequency emissions from the facility shall be 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.
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:
General:
9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
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1.
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building permits.
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 Minor
Review Permit and Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Review Permit and Coastal Development 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Minor Review Permit and Coastal Development
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.
5. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Site Plan
28 reflecting the conditions approved by the final decision-making body.
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6.
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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.
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.
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 Minor Review
Permit and Coastal Development Permit by Resolution(s) No. 7177 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.
RP 16-01/CDP 16-03 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 Minor Review Permit and Coastal Development Permit was obtained
by fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Minor Review Permit and Coastal Development 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 Minor Review Permit and Coastal
Development 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 Minor Review Permit and
Coastal Development Permit in whole or in part, reaffirm the Minor Review Permit and
Coastal Development Permit, modify the conditions or impose new conditions.
This Minor Review Permit and Coastal Development Permit is granted for a period of ten (10)
years from July 6, 2016 through July 5, 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 (10) years upon
written application of the permittee made no less than 90 days prior to the expiration date. The
City Planner or 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 City Plaflner or Planning
Commission may grant, up to and including in perpetuity.
27 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
28 after the issuance of occupancy, and with any time extension or amendment request, the
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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. ·
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:
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Fire:
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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.
The stand-by generator plan shall be submitted to Fire under separate permit for Fire Code
compliance.
The battery systems plan shall be submitted to Fire under separate permit for Fire Code
compliance.
Code Reminders:
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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.
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.
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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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on July 6, 2016, by the following vote, to wit:
AVES: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, and Siekmann
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~11u
DON NEU
City Planner
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