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HomeMy WebLinkAboutCUP 2023-0006; VZW FILOLI; Admin Decision Letterâ–¡FILE {cityof Carlsbad July 10, 2024 Jill Cleveland Plancom Inc. 302 State Place Escondido, CA 92029 SUBJECT: CUP 2023-0006 (DEV2023-0024) -VZW FILOLI -Request for approval of a Minor Conditional Use Permit (CUP 2023-0006) to allow for the installation, operation, and maintenance of a wireless communications facility (WCF) consisting of twelve {12) panel antennas, nine (9) remote radio units , three (3) surge suppressor units, and three (3} equipment cabinets, a GPS device and a stand-by generator with a 203 gallon diesel fuel tank all located inside a 422 square-foot equipment enclosure secured by an 8'-0" tall perimeter masonry block wall and an 8'-0" steel security access gate. The proposed panel antennas are to be mounted to a 41'-6" tall faux mono-eucalyptus tree. The faux eucalyptus "trunk" includes a heavy bark texture. The panel antennas will be visually screened amongst the faux eucalyptus foliage within a tree canopy that measures approximately 24'-0" tall by 20'-0" wide. The facility will be serviced by electrical and fiber utilities which will be extended to the equipment location and antennas via conduits. The project site is located in an RV storage site at the northeast corner of Rancho Santa Fe Road and San Elijo Road, in the Planned Community (P-C) Zone, with an underlying Community Facilities (C-F) Zone per Master Plan 98-0l(G) and Local Facilities Management Zone 11. Dear Jill Cleveland, The City Planner has completed a review of your application for Minor Conditional Use Permit, CUP 2023- 0006, as described above. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten day notice period (ending on May 20, 2024) and a request for an Administrative Hearing was filed. On June 11, 2024, the City Planner held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the evidence presented at the Administrative Hearing, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Evidence submitted in writing and presented at the administrative hearing is on file in the Planning Division. 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 City Council Policy Statement No. 64, Wireless Communication Facilities, identifies community facilities as a "preferred" location and the property's General Plan Land Use Designation is Community Facilities. Policy Statement No. 64 identifies that Wireless Communication Facilities (WCFs) are allowed in all zones with a minor conditional use permit or Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 t ( l i I i l I I CUP 2023-0006 (DEV2023-0024) -VZW FILOLI July 10, 2024 Page2 a conditional use permit. 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 in harmony with objectives that seek to maintain and enhance Carlsbad's appearance in that the requested WCF is proposing a faux-tree design; is located to blend with existing surrounding trees; and the associated equipment is located within an enclosure designed to be compatible with the existing RV storage site, utilizing materials, colors, and textures that will match the RV storage site's perimeter block wall. 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 Wireless Communication Facility (WCF) is stealthily designed as a faux eucalyptus tree and is proposed to be installed amongst several other natural mature trees that are of similar height, color, and character. The panel antennas are proposed to be visually screened amongst the faux eucalyptus foliage situated within a tree canopy that measures approximately 24'-0" tall by 20'-0'' wide, thereby reducing any outward noticeable appearance and minimizing visual impacts. Additionally, the Telecommunication Act of 1996 preempts local governments from regulating the "placement, construction and modification of wireless communication facilities on the basis of the environmental effects of Radio Frequency (RF) emissions to the extent that such facilities comply with the Federal Communication Commission's (FCC) standards for such emissions.'' The proposed project would be consistent with the FCC's regulations for wireless facilities. The project complies with the FCC RF Exposure Guidelines; and therefore, would not result in any detriment or significant health or safety risks to the surrounding community. 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 in order to integrate the use with other uses in the neighborhood in that the proposed Wireless Communication Facility (WCF) consisting of a 41'-6" tall ground mounted faux mono-eucalyptus tree and a ground mounted equipment enclosure complies with all requirements of the code. The site size and shape are adequate to accommodate the required separation from residentially zoned properties. The WCF is stealthily disguised as a faux tree, which visually blends with the existing trees on the property so as to not be visually intrusive or incompatible with nearby residential land uses. Lastly, the ground mounted equipment will be adequately screened by an eight-foot- tall equipment enclosure designed to match the colors and materials of the existing RV storage site's perimeter block wall. The equipment enclosure will encroach into the RV storage area by 208-square-feet, reducing the storage area to 17,177.4-square-feet, well above the required 16,420-square-feet of RV storage area required by the Planned Development Ordinance. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unmanned wireless communication facility will not generate traffic other than during periodic maintenance and occasional visits in response to operational issues. The existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed wireless communication facility (WCF) is consistent with Council Policy No. 64, in that the proposed location, a community facility, is considered "preferred". The WCF is proposed to be installed as a 41'-6" tall ground mounted faux mono-eucalyptus tree and is proposed to stand approximately 23'-9" above the RV storage site's perimeter block wall. The WCF is stealthily disguised as a faux tree, which visually blends with the existing trees on the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2023-0006 (DEV2023-0024) -vzw FILOLI July 10, 2024 Page 3 property so as to not be visually intrusive or incompatible with the surrounding character of the site. The proposed ground mounted equipment will be located within a new 422-square-foot enclosure, which is designed and treated to compliment the RV storage site's perimeter block wall. The WCF will not be located on an exposed ridgeline and the proposed panel antennas are adequately screened amongst the foliage of the faux tree. The proposed antennas are not directly adjacent to a residential zone but still exceed the 41'-6" setback called for by Policy 64. Site selection information was provided that indicates other locations are not feasible. All aspects of the proposed WCF, including the supports, antennas, screening methods, and equipment feature "stealth" design techniques so as to visually blend Into the background or the surface on which they are mounted. However, the facility d~s not comply with the height recommendation as listed in Design Guideline 8.4 of City Council Policy No. 64. Specifically, a WCF should adhere to the existing height limitations of the zone in which they are located. Standing at 41'-6", the proposed faux mono- eucalyptus tree exceeds the 35-foot building height requirement identified in the Villages of La Costa Master Plan (La Costa Oaks Neighborhood 3.2). Pursuant to Section 21.42.140(A){2) of the Carlsbad Municipal Code (CMC), exemptions to building height requirements can be made for minor conditional use permits if these exemptions are specified in the findings and conditions of the decision letter. Given the facility's location, which is 12 feet below street level, the additional height is needed to increase coverage area and improve signal quality and line-of-sight transmission. However, there are no visual impacts associated with the additional 6'-6" in height of the facility, in that the facility is strategically positioned within a concealed property (masonry block wall), at a lower elevation than the adjacent intersection, and Is surrounded by mature vegetation, with existing trees ranging from 15 feet to 50 feet in height. The faux tree's height will be effectively screened rising only 23'-9" above the RV storage site's perimeter wall. This placement minimizes visual impacts on the public and adjacent properties. Color photo-simulations were prepared to show the project will not substantially alter views to the site from surrounding viewpoints and are included in the project file. General 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 -New Construction or Conversion of Small Structures of the state CEQA Guidelines. 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. That the request for a Minor Conditional Use Permit was adequately noticed at least ten {10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2023-0006 (DEV2023-0024) -VZW FILOLI July 10, 2024 Page4 Conditions: 1. Approval is granted for CUP 2023-0006 as shown on Exhibits "A" -"L" dated July 10, 2024, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The 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 Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. If any condition for construction of any pubfic 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. 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. CUP 2023-0006 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2023-0006 (DEV2023-0024) -VZW FILOLI July 10, 2024 Page 5 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 is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) 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 hold an informal public hearing and after providing the permittee the opportunity to be heard, the city planner may revoke and terminate the conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 9. This Minor Conditional Use Permit is granted for a period of 10 years from July 10, 2024, through July 10, 2034. 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, unless determined otherwise by the decision- maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/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 Planner/Planning Commission may grant. 10. Prior to the issuance of a building permit, owner/applicant shall submit to the city a Notice of Restriction 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 Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 11. 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. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2023-0006 (DEV2023-0024) -vz:w FILOLI July 10, 2024 Page 6 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. 14. 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 and/or property line whichever is closer. 15. Developer/Operator shall maintain the appearance of the mono-tree to ensure it blends seamlessly with the surrounding trees. The paint or color shall be maintained to prevent fading or discoloration of the tree. Broken, damaged, or missing leaves or branches shall be repaired or replaced as needed. Code Reminders: 16. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CUP 2023-0006 (DEV2023-0024}-VZW FILOLI July 10, 2024 Page 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $900. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Edward Valenzuela at 442-339-2624. Sincerely, ERIC LARDY City Planner EL:EV:d c: Verizon Wireless, 15505 Sand Canyon Avenue, Suite D-1, !rvine, CA 92618 Jennifer Goswami, La Costa Oaks Community Association Board President, 7400 Circulo Sequoia, Carlsbad, CA 92009 Tim Carroll, Project Engineer Laserfiche/File Copy Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600