Loading...
HomeMy WebLinkAbout2016-07-20; Planning Commission; Resolution 71821 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 PLANNING COMMISSION RESOLUTION NO. 7182 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A NEW UNMANNED WIRELESS COMMUNICATION FACILITY (WCF) CONSISTING OF THREE SECTORS OF FOUR ANTENNAS {12 TOTAL), 12 REMOTE RADIO UNITS (RRU), THREEE SURGE PROTECTION UNITS, TWO EQUIPMENT CABINETS, ONE STAND-BY GENERATOR, AND ONE GLOBAL POSITIONING SYSTEM (GPS) ANTENNA MOUNTED BEHIND NEW RADIO FREQUENCY (RF) TRANSPARENT SCREEN WALLS ON THE ROOF OF AN EXISTING OFFICE BUILDING ON PROPERTY GENERALLY LOCATED 3150 PIO PICO DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: VERIZON CARLSBAD VILLAGE CUP 16-02 WHEREAS, Verizon Wireless, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Waters Edge Properties, LLC, "Owner," described as All of lots 2 and 3 of the Subdivision of Tracts 114 and 129 of Carlsbad lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1744, filed in the Office of the Counter Recorder of San Diego County, January 3, 1923, together with that portion of the Northwesterly 10.00 feet of Pine Avenue lying Southeasterly of and adjacent to said lot 3 as vacated on June 2, 1959 by Resolution of the City Council of the City of Carlsbad and recorded June 16, 1959 in Book 7719, Page 59 of Official Records. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"I" dated July 20, 2016, on file in the Planning Division, VERIZON CARLSBAD VILLAGE-CUP 16-02, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 20, 2016, 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. 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 B) Findings: That based on the evidence presented at the public hearing, the Commission APPROVES VERIZON CARLSBAD VILLAGE -CUP 16-02, based on the following findings and subject to the following conditions: 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 proposed 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, individuals, public agencies and emergency service systems. The proposed use is consistent with the General Plan in that the Office Land Use designation does not preclude the provision of 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 the proposed WCF visual impacts will be minimized as the 12 panel antennas and all other associated equipment will be roof mounted on an existing office building and will be screened behind an RF transparent screen wall that will be finished with stucco and will have cornice at the top, which will integrate with the architecture of the building. There are no other changes proposed to the exterior of the building or to the landscaping on-site. 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 12 panel antennas and all other associated equipment will be roof mounted on an existing office building behind RF transparent screen walls that will be finished with stucco with a cornice at the top, which will integrate with the architecture of the building. Installing the Wireless Communication Facility on the roof does not require any modifications to the building envelope that would alter the setbacks for the existing office building nor does it require the removal of any parking spaces or changes to the site's landscaping. The RF transparent screen wall will have a maximum height of 35 feet, which complies with the allowed height of the Office (0) Zone. 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. Pio Pico and Pine Avenue will be used to access the site. The existing street system is adequate to property handle any traffic generated by the use. 5. That the proposed wireless communication facility is consistent with City Council Policy Statement No. 64, in that the proposed equipment shelter and antennas exhibit stealth design to the extent feasible. The 12 panel antennas and all associated equipment will be roof mounted on an existing office building and will be screened from public view behind an RF transparent screen wall that will be textured with stucco and will have a cornice which will integrate with the architecture of the existing office building. The WCF project does not comply with the setback requirement as listed in Design Guideline B.2.a. of City Council Policy Statement No. 64. Specifically, a WCF should be set back from the residential zone boundary a minimum distance equal to the above-ground height of the antenna. The top of the 6'9" tall antennas measure 35 feet from grade, which would require a 35 foot setback from the residentially zoned properties from the east and south. The antennas PC RESO NO. 7182 -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 located closest to the east property line are setback 16 feet, and the antennas located closest to the south property line are setback 32 feet. However, there is no visual impact by locating the antennas closer to the property line than the required distance of 35 feet as the 12 panel antennas will be roof mounted on an existing office building and will exhibit a stealth design as described above. Additionally, the proposed WCF facility meets the Federal Communications Commission standards for radio frequency (RF) compliance and will not expose people to harmful levels of RF. The WCF has been designed using "stealth" design techniques to the extent feasible and is consistent with the Design Guidelines listed in City Council Policy Statement No. 64. Furthermore, the Office Zone is considered a preferred location for wireless communication facilities. 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 15303 (Construction and installation of small new equipment facilities or structures) of the state CEQA Guidelines. Additionally, as Sprint PCS must comply with FCC regulations, radio frequency emissions from the proposed 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 ofthe 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 issuance of a building permit. l. 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. 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 PC RESO NO. 7182 -3- 1 2 3 4 5 6 7 8 9 10 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 to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan or other 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 11 the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Approval is granted for CUP 16-02-VERIZON CARLSBAD VILLAGE as shown on Exhibits "A"-"1". dated July 20, 2016, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. 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. 11. 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. 7182 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. 12. CUP 16-02 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. lfthe 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 PC RESO NO. 7182 -4- 1 met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for 2 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 3 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 4 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 13. This Conditional Use Permit is granted for a period of 10 years from July 20, 2016 through July 19, 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 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. 14. 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. 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 16. Developer shall report, in writing, to the City Planner within 30 days, any address change from that 22 which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 23 24 25 26 27 28 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. PC RESO NO. 7182 -5- 1 Engineering 2 18. Prior to hauling dirt or construction materials to or from any proposed construction site within this 3 project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 19. 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 ofthe above requirements. 20. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) 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. 21. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. 22. The Telecommunications Facility or related appurtenances shall not be constructed in any drainage area or over any drainage structure. 23. The Telecommunications Facility or related appurtenances shall not be constructed on any easement without the easement holder's permission. Code Reminders 24. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by 21 Council Policy No. 17. 22 25. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee 23 24 25 26 27 28 for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 26. 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. 27. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. PC RESO NO. 7182 -6- 1 2 3 4 5 6 7 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 8 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 9 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7182 -7- 1 2 3 4 5 6 7 8 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 20, 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: , Vice Chairpe son Vice Chairperson Segall, Commissioners Black, Goyarts, L'Heureux, Montgomery, and Siekmann Chairperson Anderson 10 CARLSBAD PLANNING COMMISSION 11 ATIEST: \l?tu 12 13 DON NEU 14 City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7182 -8-