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HomeMy WebLinkAboutMCUP 10-18; AT&T OMWD Ops Center WCF; Conditional Use Permit (CUP)CITY OF Planning Department FILE COPYi ihb: Wri www.carisbadca.gov August 30, 2010 Plancom, Inc. Attn: Ted Marioncelli 302 State Place Escondido, CA 92029 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-18 - AT&T OMWD OPS CENTER WCF - Request for approval of a Minor Conditional Use Permit (MCUP 10-18) to allow the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for AT&T consisting of twelve (12) panel antennas located in a 45 foot tall faux mono-eucalyptus tree and an equipment enclosure constructed of tan colored masonry walls and fully screened with landscaping. The project site is located at the Olivenhain Municipal Water District (OMWD), at 1966 Olivenhain Road, in the Office (O) Zone and Local Facilities Management Zone 6. Dear Mr. Marioncelli, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-18 for the installation, operation, and maintenance of a WCF for AT&T located in a 45 foot tall faux mono-eucalyptus tree consisting of twelve (12) panel antennas along with an associated equipment enclosure constructed of tan colored masonry walls and fully screened with landscaping at the base of the tree at the OMWD property located 'at 1966 Olivenhain Road. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on August 18, 2010). After careful consideration of the circumstances surrounding this request and the applications consistency with City Council Policy No. 64, the Planning Director has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and 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 (a) the 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 in this part of the City; (b) the proposed use is consistent with the General Plan in that the Government Facilities (G) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Office Zone) and a faux mono-eucalyptus tree exhibits stealth design that will blend in with other trees on site. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 © r r AT&T OMWD OPS CENTER WCF August 30, 2010 Page 2 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 is located within a preferred location (Office Zone) as listed in Location Guideline A.1.c. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden within the proposed faux Eucalyptus tree and new screened equipment enclosure and the WCF use is not precluded by the project site's Governmental Facilities (G) land use designation. Furthermore, the proposed WCF will result in only minimal additional building coverage, only minor alterations to the existing site design are required to accommodate a new ground mounted equipment enclosure which is constructed of tan colored masonry walls and fully screened by proposed landscaping, and the proposed antennas will be mounted on a faux mono- eucalyptus tree that will blend in with the new and existing trees and landscaping on the site. The project has been conditioned to comply with FCC RF Exposure Guidelines. 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 Planning Director in order to integrate the use with other uses in the neighborhood in that the proposed faux Eucalyptus tree WCF and equipment enclosure comply with all development standards of the Office Zone and the 1 foot by 6 foot panel antennas are located within and painted to match the color of a faux Eucalyptus tree thereby exhibiting a stealth design and the equipment enclosure will be constructed with tan colored masonry walls and will be adequately screened from view with landscaping. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the WCF use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. In addition, the existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the WCF is located within a preferred location (Office Zone) as listed in Location Guideline A.1.C. of City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the site are proposed to accommodate the use. The proposed equipment cabinets are located entirely within an equipment enclosure constructed of tan colored masonry walls and screened by landscaping to reduce its visibility from public view. The twelve (12) panel antennas are small in scale (1' by 6'), mounted to a 45 foot tall faux Eucalyptus tree, and will blend in with the existing and proposed landscaping. The panel antennas will also be painted to match the color of the proposed faux Eucalyptus tree, thereby minimizing their visibility. 6. That the Planning Director 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 AT&T 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 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. AT&T OMWD OPS CENTER WCF August 30, 2010 . • . • Page 3 7. The Planning Director 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. 1. Approval is granted for MCUP 10-18 - AT&T OMWD OPS CENTER WCF TREE as shown on Exhibits "A - M" dated August 26, 2010 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 MCUP 10-18 - AT&T OMWD OPS CENTER WCF 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. 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. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 10-18 shall be reviewed by the Planning Director 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 surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by AT&T OMWD OPS CENTER WCF August 30, 2010 Page 4 ; 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 minor 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 minor 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 Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the Planning Director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. . This Conditional Use Permit is granted for a period of ten (10) years from August 26, 2010 through August 25, 2020. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The 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. 9. 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, arid with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director 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 Planning Director 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 Minor Conditional Use Permit. 10. 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 residential housing 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. 11. 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 Planning Director, 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 Planning Director has the authority to execute and record an amendment to the notice, which modifies AT&T OMWD OPS CENTER WCF August 30, 2010 Page 5 or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. 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. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. The proposed panel antennas shall be painted to match the color of the proposed faux Eucalyptus tree to the satisfaction of the Planning Director. 16. Developer shall maintain in good standing a license agreement (fully executed) with the City for use of and access to the project site. 17. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 18. 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 treatment 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. 19. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering landscaping, private equipment cabinets, a wall for enclosing the equipment, and a pole with mounted antennas and any related appurtenances located over an existing public right-of-way for highway and an existing road easement as shown on the site plan unless said easements are vacated prior to issuance of a building permit for said facilities. Developer shall pay processing fees per the city's latest fee schedule. Code Reminders: 20. 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. 21. 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 AT&T OMWD OPS CENTER WCF August 30, 2010 Page6 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, 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. 22. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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 $613.00. 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 free to contact Dan Halverson at (760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:DH:sm Olivenhain Municipal Water District, Attn: George Breist, 1966 Olivenhain Road, Carlsbad, CA 92009 Don Neu, Planning Director David Rick, Project Engineer Principal Planner File Copy Data Entry