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HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7370PLANNING COMMISSION RESOLUTION NO. 7370 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE INSTALLATION, OPERATION AND MAINTENAN_(E OF A TEMPORARY WIRELESS COMMUNICATIONS FACILITY (WCF) CONSISTING OF TWO 55-FOOT-TALL GROUND MOUNTED FAUX MONO-EUCALYPTUS TREES AND AN EQUIPMENT ENCLOSURE CONSTRUCTED OF AN 8'-6" TALL TAN VINYL FENCE WITH LATTICE LOCATED ON A GRADED 5.54-ACRE SITE AT 3465 TRAILBLAZER WAY, IN THE OPEN SPACE {O-S) ZONE, WITHIN PLANNING AREA 12 OF THE ROBERTSON RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: TRAILBLAZER PARK WCF CASE NO.: CUP 2019-0032 (DEV2019-0179) WHEREAS, Crown Castle USA Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as That portion of Parcel 2 of Lot Line Adjustment ADJ 01-13 per Certificate of Compliance CE 01-55, Recorded November 28, 2001 as File No. 2001-0865065, in the City of Carlsbad, County of San Diego, State of California ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A" -"P" dated June 3, 2020, on file in the Planning Division, CUP 2019-0032 - TRAILBLAZER PARK WCF, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 3, 2020, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 2019-0032 -TRAILBLAZER PARK 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 Open Space Land Use designation does not preclude the provision of WCF uses. The Robertson Ranch Master Plan PA 12 states that uses are allowed per the Open Space (O-S) zone, CMC Chapter 21.33; WCFs are conditionally permitted uses on the Open Space zone. The requested temporary use is considered necessary for the development of the community as it is a desirable critical component of the regional communications system for emergency services, and thus a necessary public convenience. The temporary location for four wireless carriers is critical to ensure continued service for existing customers and for emergency communications within this area of the city. Although the WCF is proposed within an Open Space zone, which is not identified as a preferred location per City Council Policy No. 64, it is proposed within a future park site and park sites are identified as preferred locations per City Council Policy No. 64. Therefore, the WCF is at a site that will be a preferred location in the future. Lastly, the stealth, temporary faux-tree design complies with the General Plan objectives that seek to maintain and enhance Carlsbad's appearance by screening the cellular equipment within the faux trees. 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 th~ proposed temporary WCF is stealthily disguised as two faux mono-eucalyptus trees and visually blends with the existing mature landscaping at the property's perimeter 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 Hammett & Edison, Inc. (March 10, 2020) demonstrating that the operation of up to four wireless carriers from this facility 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. The approval of the WCF will not preclude the future park use that is specifically intended for PA 12 because the CUP will be limited in duration to an initial term of three years. Three additional one-year extensions could be approved at the discretion of the city planner provided such extensions would not interfere with the development of the future park. It is estimated that planning, design and construction for the future Trailblazer Park at the subject property could take between three and six years. The proposed CUP time frame provides adequate time to allow for both the design and development of the park and the identification of a permanent site for the WCF. 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 proposed WCF consisting of two 55-foot tall ground mounted faux mono-eucalyptus PC RESO NO. 7370 -2- trees and a ground mounted equipment enclosure complies with all requirements of the code, with the exception of the O-S zone 25-foot structure height limit that may be exceeded with the approval of the CUP. The site size and shape are adequate to accommodate the required separation from Cannon Road and natural habitat. The WCF is stealthily disguised as faux eucalyptus trees, which visually blend with the existing mature landscaping at the property's perimeter so as to not be visually intrusive or incompatible with adjacent residential land uses. Although the WCF will be visible to the residential homes within the Foothill Community to the north, the size of the site is adequate to ensure the distance from the temporary WCF to the nearest residence is over 500 feet. Lastly, ground mounted equipment will be adequately screened by an 8-6" tall vinyl equipment enclosure comprised of a six-foot-tall tan vinyl fence with a two-foot six-inch-tall tan vinyl lattice atop the vinyl fence. The combination of vinyl fence/lattice will ensure the equipment is screened from view of the neighborhood. 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 operational problems. The existing street system is adequate to property handle any traffic generated by the use. 5. That the increase in the height limit of 25 feet for the 0-S zone is necessary for the proposed WCF in that an increase in the O-S zone height limit from 25 feet to 55 feet is the minimum necessary to accommodate the four wireless carriers, allow the antennas to meet the Radio Frequency {RF) calculations of clearance from solid interference (obstructions) and FCC standards. The antennas cannot be located lower on shorter faux trees as the height is needed to maintain the same level of service to the community without cellular interference, ensure the minimum separation between carriers' antennas is maintained, and maintain the current E911 system supporting emergency services. To maintain that service and avoid significant gaps in cellular coverage for all four carriers, the proposed 55-foot height is necessary. 6. 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 Crown Castle must comply with FCC regulations, it has been determined that the cumulative radio frequency emissions from the proposed WCF 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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. PC RESO NO. 7370 -3- 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 temporary Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the temporary 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 temporary 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site 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 14 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 7370 -4- 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. 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 CFO #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 14, 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. 10. 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 temporary Conditional Use Permit by Resolution No. 7370 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. 11. CUP 2019-0032 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 temporary 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 temporary 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 temporary 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 temporary Conditional Use Permit in whole or in part, reaffirm the temporary Conditional Use Permit, modify the conditions or impose new conditions. 12. This temporary Conditional Use Permit is granted for a period of three (3) years from June 3, 2020, through June 3, 2023. 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 three (3) additional one-year (1-year) terms upon written application of the permittee made no less than 90 days prior to the expiration date. Upon the expiration of term(s), the temporary conditional use permit shall be null and void and the Wireless Communications Facility sha ll be removed within 90 days. 13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months PC RESO NO. 7370 -5- 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)(l); 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 temporary conditional use permit. 14. 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. 15. 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. 16. Prior to issuance of the building permit, Developer shall submit an acoustical analysis complying with the City requirements of the Carlsbad Noise Guidelines Manual to ensure that the proposed WCF noise sources will comply with the 60 dB(A) exterior noise level as measured . from the nearest residential building. Code Reminders: 17. 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. 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 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. PC RESO NO. 7370 -6- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 3, 2020 by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Meenes, Merz, and Stine NOES: Commissioner Lafferty ABSENT: ABSTAIN: Commissioner Luna VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7370 -7-