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HomeMy WebLinkAbout2017-04-05; Planning Commission; Resolution 7235 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 INSTALLATION, OPERATION AND MAINTENANCE OF A WIRELESS COMMUNICATIONS FACILITY (WCF) FOR THE SAN DIEGO COUNTY REGIONAL COMMUNICATIONS SYSTEM WITHIN A NEW 60- FOOT TALL FAUX MONO-EUCALYPTUS TREE CONSISTING OF THREE (3) TRANSMITTING OMNI COMMUNICATION ANTENNAS, ONE (1) RECEIVE ONLY OMNI ANTENNA, ONE (1) CITY OF CARLSBAD VHF OMNI ANTENNA, ONE (1) CITY OF CARLSBAD RECEIVE ONLY OMNI ANTENNA, ONE (1) 4- FOOT MICROWAVE DISH AND ONE (1) CITY OF CARLSBAD (1-FOOT BY 1- FOOT) SCADA (I.E., MONITOR AND CONTROL SYSTEM); AND INSTALLATION OF A 10-FOOT BY 24-FOOT PREFABRICATED EQUIPMENT SHELTER AND A 60 KW ENCLOSED EMERGENCY GENERATOR WITH A 200 GALLON DIESEL TANK FUEL SUPPLY LOCATED AT 2237 JANIS WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD ELLERY RESERVOIR WCF CASE NO.: CUP 16-07 (DEV 2016-0030) WHEREAS, County of San Diego, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner,” described as Parcel 1 as shown on Map 878, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, July 3, 1972 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) “A” through “I” dated April 5, 2017, on file in the Planning Division, CUP 16-07 – CARLSBAD ELLERY RESERVOIR WCF, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 5, 2017, 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. PLANNING COMMISSION RESOLUTION NO. 7235 PC RESO NO. 7235 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 16-07 – CARLSBAD ELLERY RESERVOIR WCF, based on the following findings and subject to the following conditions: Findings: 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 use is consistent with the General Plan in that the Residential R-4 Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF is located on a public utility installation in a residential zone (Ellery Reservoir), which is not publicly accessible and therefore is a preferred location pursuant to City Council Policy No. 64, Wireless Communication Facilities. The project’s location and stealth faux tree design also enables the project to comply 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 proposed Wireless Communication Facility (WCF), which is stealthily disguised as a faux eucalyptus tree, will be sufficiently screened by the existing water storage tank, mature landscaping around the property’s perimeter, and the surrounding topography so as not to be visually intrusive or incompatible with adjacent residential land uses. Additionally, a Radio Frequency (RF) Electromagnetic Fields Exposure Study was prepared by Dtech Communications (February 8, 2017) demonstrating that the cumulative exposure levels from this facility, combined with other existing facilities onsite, will be well below the Federal Communication Commission’s (FCC) Maximum Permissible Exposure (MPE) limits for the public. Furthermore, in accordance with Performance Guideline C.5 of City Council Policy Statement No. 64, the project has also been conditioned to comply with FCC RF Exposure Guidelines. Lastly, a Noise Impact Assessment was prepared by ABC Acoustics, Inc. (January 25, 2017) in accordance with the City of Carlsbad’s Noise Guidelines. Calculations confirm that, as designed and conditioned, with the exception of the emergency generator, exterior noise levels from the equipment inside meet the applicable noise limits defined by the City’s noise guidelines at all sensitive receptors. 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 with exception to a setback exemption for the 60-foot tall Wireless Communication Facility (WCF) (7.5 feet proposed where 60 feet is recommended), which is allowed pursuant to Section 21.42.140 of the Carlsbad Municipal Code; and provisions to decrease setbacks pursuant to Design Guideline B.5.c. of City Council Policy Statement No. 64, the proposed WCF complies with all requirements of the code and City Council Policy Statement No. 64. Additionally, the ground mounted equipment will be sufficiently screened by a retaining wall, the water storage tank, and the surrounding topography, and will not obstruct driveway access around the water storage tank. Lastly, the WCF, which is stealthily disguised as a faux eucalyptus tree, will be sufficiently screened by the existing water storage tank, mature landscaping around the property’s perimeter, and the surrounding topography so as not to be visually intrusive or incompatible with adjacent residential land uses. 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 one routine monthly maintenance visit and the occasional emergency visit in response to PC RESO NO. 7235 -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 operational problems. 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 WCF is within a preferred location and exhibits a “stealth” design consistent with the guidelines; however, it does not comply with the setback recommendation as listed in Design Guideline B.5.b. of City Council Policy Statement No. 64. Specifically, a WCF located in a residential zone and public utility installation, should be set back from the property boundaries of the utility installation a minimum distance equal to the above-ground height of the antenna. In this case, the top of the antennas and faux eucalyptus tree foliage measure 60 feet high from grade, which should require a 60-foot setback from the property boundary. Pursuant to Design Guideline B.5.c. of City Council Policy Statement No. 64 and Section 21.42.140 of the Carlsbad Municipal Code, the Planning Commission may decrease setbacks. Given the water storage tanks existing location in the center of the site and the other onsite utilities surrounding it, there are no other locations onsite to accommodate the proposed WCF or provide for the recommended 60-foot setback. The 4-foot microwave dish would be the closest portion of the WCF to the property line, which is setback approximately 7.5 feet. The center point of the monopole (i.e. faux tree trunk) is setback approximately 16.5 feet. However, there are no visual impacts in locating the antennas closer to the property line than the required distance of 60 feet, in that the WCF antennas, microwave dish and SCADA unit will all be screened within the branches and dense foliage of the faux mono-eucalyptus tree which is also being set amongst other mature trees of similar height along with additional screening type landscaping proposed to provide additional buffering and softening of the use. A detailed Photo-Simulation was prepared and is included as Attachment No. 5 to the Staff Report. Additionally, a Radio Frequency (RF) Electromagnetic Fields Exposure Study was prepared by Dtech Communications (February 8, 2017) demonstrating that the cumulative exposure levels from this facility, combined with other existing facilities onsite, will be well below the Federal Communication Commission’s (FCC) Maximum Permissible Exposure (MPE) limits for the public. Furthermore, in accordance with Performance Guideline C.5 of City Council Policy Statement No. 64, the project has also been conditioned to comply with FCC RF Exposure Guidelines. Lastly, a Noise Impact Assessment was prepared by ABC Acoustics, Inc. (January 25, 2017) in accordance with the City of Carlsbad’s Noise Guidelines. With the exception of the emergency generator, calculations confirm that as designed and conditioned, exterior noise levels from the ground mounted equipment located inside the 10-foot by 24-foot prefabricated equipment shelter meet the applicable noise limits defined by the City’s noise guidelines at all sensitive receptors. 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 the County of San Diego must comply with FCC regulations, it has been determined that the cumulative radio frequency emissions from the proposed WCF combined with the other existing facilities 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 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. PC RESO NO. 7235 -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 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 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 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 to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 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. PC RESO NO. 7235 -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 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 16-07 – CARLSBAD ELLERY RESERVOIR WCF as shown on Exhibits “A” – “I” dated April 5, 2017, 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. 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. 7235 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 16-07 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. 13. This Conditional Use Permit is granted for a period of 10 years from April 5, 2017 through April 5, 2027. 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. PC RESO NO. 7235 -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 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. 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. 16. 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 to include Estimated Total Water Use and Maximum Applied Water Allowed calculations. 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 designed for the use of recycled water and maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 18. 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. 19. The Marvair Model AVPA60 air conditioning (AC) units shall be installed with the optional External Low Noise Blower (ELBN) kit pursuant to the project Noise Impact Assessment (ABC Acoustics, Inc., Project No. 2430R2) dated January 25, 2017. A letter signed by the acoustical engineer and the project architect, which contains the architects registration stamp and certifying that the recommendations of the acoustical study have been incorporated into the building plans, shall be submitted and approved to the satisfaction of the City Planner prior to building permit issuance. 20. Prior to request for Final Inspection or operations of the WCF, confirmation noise testing shall be conducted to ensure compliance with all recommendations of the project Noise Impact Assessment (ABC Acoustics, Inc., Project No. 2430R2) dated January 25, 2017. If noise levels are found to exceed 55 dBA during daytime hour or 45 dBA during nighttime hours, additional noise abatement measures shall be incorporated to reduce noise to acceptable levels. A final report confirming the above shall be submitted to the City Planner. PC RESO NO. 7235 -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 21. The 1-hour monthly testing of the emergency generator shall be conducted between the hours of 7 am and 7 pm on a weekday. 22. Pursuant to the Radio Frequency (RF) Electromagnetic Fields Exposure Report (Dtech Communications) dated February 8, 2017, “Yellow CAUTION Sign(s)” shall be installed at each tower climbing access point or base of the tower, clearly visible to tower climbers. Sign content, size and locations shall be included on the final construction plans submitted for building permit approval and issuance. 23. Incorporate the recommendations from the Arborist Report (Wisniewski & Associates, Project No. 16-0954) dated November 15, 2016 to the maximum extent practical. Should replacement of any existing trees be required, species selection shall be made with the advice and consent of the City’s Landscape Consultant. Engineering: General 24. 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. Grading 25. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 26. 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. 27. 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. 28. 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. PC RESO NO. 7235 -8- 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 Improvements 29. Developer shall design all proposed private improvements including but not limited to retaining walls and concrete brow ditch as shown on the site plan. These private improvements shall be shown on the grading plans and installed to city standards to the satisfaction of the City Engineer. 30. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Fire Department: 31. Installation plans for generator and diesel tank must be submitted to the Fire Department and Building Division for technical review, approval and permit issuance, as a deferred submittal. Code Reminders: 32. 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. 33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 34. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 7235 -9- 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .