HomeMy WebLinkAboutMCUP 14-03; Verizon OMWD WCF; Conditional Use Permit (CUP)I
August 20, 2015
Kerrigan Diehl
PlanCom Inc.
302 State Place
Escondido, CA 92029
Ccicyof
Carlsbad
SUBJECT: MCUP 14-03 -VERIZON OMWD WCF -Request for approval of a Minor Conditional
Use Permit (MCUP 14-03) to allow for the operation of a wireless communication facility at 1966
Olivenhain Road, in the Office Zone and local Facilities Management Zone 11.
Dear Ms. Diehl,
The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP
14-03) for the installation, operation, and maintenance of a wireless communications facility (WCF) for
Verizon Wireless located in an existing 45 foot tall faux eucalyptus tree consisting of twelve panel
antennas (six (6) 72 inch long antennas and six (6) 76 inch long antennas), three RRU units, two GPS
antennas, and an emergency generator on a concrete pad inside a new concrete block wall enclosure at
the Olivenhain Municipal Water District (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 14, 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 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 WCF 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.
Community & Economic Development .
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 1760-602-8560 f I www.carlsbadca.gov / .
MCUP 14-03-VERIZON OMWD WCF
August 20, 2015
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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.l.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 mono-eucalyptus tree and new screened equipment enclosure. 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 screened by new 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 City Planner in order to integrate
the use with other uses in the neighborhood in that the panel antennas are located within the faux
eucalyptus tree and are covered with "antenna socks" to match the tree branches thereby
exhibiting a stealth design. The equipment enclosure will be constructed with block walls and will
be adequately screened from view with new 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 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 15301 (Existing Facilities) 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.
6. The City Planner has reviewed each of the exactions imposed i:>n 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 14-03 as shown on Exhibits "A"-"J" dated August 18, 2015 on file in
the Planning Division and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
MCUP 14-03-VERIZON OMWD WCF
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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 MCUP 14-03 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 11 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 14-03 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.
MCUP 14-03-VERIZON OMWD WCF
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8. This Conditional Use Permit is granted for a period of 10 years from August 20, 2015 through
August 19, 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 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. 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. 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. 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.
13. 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. 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.
MCUP 14-03-VERIZON OMWD WCF
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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.
Engineering:
15. Developer sMII 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.
16. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private telecommunication wire, conduit,
antenna, tower, equipment enclosure and related appurtenances located over existing public
right-of-way or easements, described as a road easement as set forth in a document recorded
December 29, 1903 in Book 336, page 297 of deeds as shown on the site plan. Developer shall pay
processing fees per the city's latest fee schedule. Said encroachment agreement is not required if
said easement is vacated prior to issuance of a building permit for said encroachments or by any
other means subject to the city engineer's approval.
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 18.04.320.
19. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.