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HomeMy WebLinkAboutMCUP 14-01; Verizon Cassia; Conditional Use Permit (CUP)June 9, 2015 Kerrigan Diehl PlanCom, Inc. 302 State Street Escondido, CA 92029 Ccityof Carlsbad SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 14-01 -VERIZON CASSIA -Request for approval of a Minor Conditional Use Permit (MCUP 14-01) to allow for the installation and operation of a new wireless communication facility (WCF) at 2020 Cassia Road, in the Office (O) Zone and Local Facilities Management Zone 10. Dear Ms. Diehl, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 14-01 for a new WCF consisting of 12 panel antennas, 12 RRU's, four (4) surge protection units, three (3) E/911 GPS antennas, and one (1) microwave dish antenna mounted behind new RF transparent screen panels within an existing tower feature on an existing office building. In addition to the above, associated equipment is proposed to be installed within a new 10'-0" wide by 34'-0" long by 9'-0" tall enclosure located within an existing landscape planter in the northeast corner of the property. The proposed equipment enclosure requires exemptions for side yard setbacks pursuant to Section 21.42.140 of the Carlsbad Municipal Code. Architectural modifications to the existing tower feature include, but are not limited to, increasing the tower height from approximately 21'-0" to 29'-0"; and removing the pitched roof and replacing it with a parapet type cupola feature. The proposed architectural design, building materials and colors are consistent with the existing tower and office building. 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 June 8, 2015). After careful consideration of the circumstances surrounding this request, 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. 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 Office & Related Commercial (0} Land Use designation does not preclude Wireless Communication Facility (WCF} uses; and·c) the proposed WCF is consistent with City Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760·602-4660 1760-602-8560 f I www.carlsbadca.gov MCUP 14-01-VERIZON CASSIA June 9, 2015 Page 2 Council Policy No. 64, Wireless Communication Facilities, in that it is located within a preferred non-residential zone (i.e., Office (0) Zone) as listed in Location Guideline A.l.c of the policy; and the twelve (12) panel antennas, 12 RRU's, four (4) surge protection units, three (3) E/911 GPS antennas, and one (1) microwave dish antenna will be located in an existing, but modified tower element, behind walls made of Radio Frequency (RF) transparent materials, all of which exhibits a stealth design that compliments and matches the existing building fa~ade. In addition, the associated equipment will be located inside a new equipment enclosure exhibiting an enhanced architectural design with building materials and colors that are consistent with and complementary to the existing office building and the natural open space to the east. The project's location and stealth design comply with 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 WCF is located within a preferred non-residential zone (i.e., Office (O) Zone) as listed in Location Guideline A.l.c of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and will be completely hidden within an existing, but modified tower element, behind walls constructed of Radio Frequency (RF) transparent screening materials that are textured and painted to match the existing office building. The associated equipment will be located inside a new equipment enclosure behind 9 ft. high masonry walls also textured and painted to architecturally match the existing office building. Furthermore, the placement of the twelve (12) panel antennas, 12 RRU's, four (4) surge protection units, three (3) E/911 GPS antennas, and one (1) microwave dish antenna behind RF transparent screens within an existing, but modified tower element blends with the office building architecture and does not visually impact the existing site or building design and does not interfere with, nor is it readily visible to, other surrounding uses. Furthermore, a Radio Frequency Exposure Compliance Pre-Installation Assessment was prepared by Safesite (January 7, 2014) demonstrating that the proposed WCF complies with all Federal Communication Commission (FCC) and Occupational Safety & Health Administration (OSHA) requirements relating to RF exposure. In accordance with Performance Guideline C.S of City Council Policy Statement No. 64, the project has been further conditioned to comply with FCC RF Exposure Guidelines. Lastly, the rear yard (north side) setback (2'-8" proposed instead of 10'-0") and side yard (east side) setback (0'-0" instead of 10'-0") exemptions for the associated equipment enclosure, which are allowed pursuant to Section 21.42.140 of the Carlsbad Municipal Code, would not be detrimental to the existing uses or to uses specifically permitted in the zone, in that the location of the proposed equipment enclosure is within an existing landscape area on the outer edge of an existing developed parking lot, which backs to natural open space along the north and east property lines. A noise impact analysis, prepared by Eilar Associates, Inc. was prepared in accordance with the City of Carlsbad's Noise Guidelines. Calculations confirm that, as designed with the proposed 9 ft. high masonry enclosure walls, exterior noise levels from the equipment inside meet the applicable noise limits defined by the City's noise guidelines at all sensitive receptors. The architectural design of the equipment enclosure match the existing office building in texture, paint and materials to insure that the use is visually harmonious with the existing uses onsite; and the natural tan color paint and stone veneer being utilized on the exterior will aid in blending with the natural environment associated with the open space to the north and east. MCUP 14-01-VERIZON CASSIA June 9, 2015 Page 3 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 with exception to the rear yard (north side) setback (2'-8" proposed instead of 10'-0") and the side yard (east side) setback (0'-0" instead of 10'-0") exemptions for the associated equipment enclosure, which are allowed pursuant to Section 21.42.140 of the Carlsbad Municipal Code, the proposed WCF comply with all zoning requirements ofthe Office {0) Zone. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed unmanned WCF can be accessed by Cassia Road and the WCF use requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that the WCF is located in a preferred non-residential zone (i.e., Office {0) Zone) as listed in Location Guideline A.1.c of City Council Policy Statement No. 64 and exhibits stealth design, as the twelve {12) panel antennas, 12 RRU's, four {4) surge protection units, three {3) E/911 GPS antennas, and one {1) microwave dish antenna are mounted behind RF transparent screen walls in an existing, but modified tower element that is being painted and textured to match the architecture of the existing office building and the equipment will be located inside a new equipment enclosure that also is architecturally designed to match the office building and blend harmoniously with the surrounding environment. 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. The City Planner 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: 1. Approval is granted for MCUP 14-01 as shown on Exhibits "A"-"J" dated June 9, 2015 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 MCUP 14-01 ~ VERIZON CASSIA June 9, 2015 Page 4 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 MCUP 14-01 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 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 14-01 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 surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the minor 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 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 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 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 June 9, 2015 through June 9, 2025. 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 MCUP 14-01-VERJZON CASSIA June 9, 2015 Page 5 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. 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. 10. 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 tl:le 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. 11. All equipment, such as but not limited to emergency generators and air conditioners, shall be designed and operated consistent with the City of Carlsbad Noise Guidelines. 12. All facilities, related equipment and landscaping shall be maintained in good condition and free from trash, debris, graffiti and any form of vandalism. All required landscaping shall be automatically irrigated. Damaged equipment and damaged, dead or decaying landscaping shall be replaced promptly. Replacement of landscaping that provides facility screening should be, as much as possible, of similar size (including height}, type and screening capability at the time of planting as the plant(s} being replaced. 13. Developer/Operator shall observe the following maintenance hours given its close proximity to an adjoining residential zone: a. Except in an emergency posing an immediate public health and safety threat, maintenance activities shall only occur between 7 AM (8 AM on Saturdays) and sunset; and b. Maintenance shall not take place on Sundays or Holidays. MCUP 14-01-VERIZON CASSIA June 9, 2015 Page 6 14. Security lighting shall be kept to a minimum and should only be triggered by a motion detector where practical. 15. Any WCF that is not operated for a continuous period of 180 days will be considered abandoned. Within 90 days of receipt of notice from the City notifying the owner of such abandonment, the WCF owner must remove the facility and restore the site, as much as is reasonable and practical, to its prior condition. If such WCF is not removed within 90 days, the WCF will be considered a nuisance and in addition to any other available remedy, will be subject to abatement under Chapter 6.16 of the Carlsbad Municipal Code. If there are two or more users of a single WCF, then this provision will not become effective until all users stop using the WCF. The provider or owner must give notice to the City Planner of intent to discontinue use of any facility before discontinuing the use. 16. 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. 17. Developer shall report, in writing, to the City Planner 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 storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 19: Prior to the Final inspection for issuance of the Certificate of Occupancy, all permits including those identified in Chapter 1, Section 105 of the Carlsbad Fire Code shall have been issued. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal .Code Section 18.04.320.