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HomeMy WebLinkAboutMCUP 15-07; Poinsettia Twin D Tank WCF; Conditional Use Permit (CUP)August 10, 2015 Kerrigan Diehl PlanCom, Inc. 302 State Place Escondido, CA 92029 {'city of Carlsbad SUBJECT: MCUP 15-07/CDP 15-22-POINSETTIA TWIN D TANK WCF-Request for approval of a Minor Conditional Use Permit (MCUP 15-07) and a Minor Coastal Development Permit (CDP 15-22) to allow for the installation and operation of a new wireless communication facility (WCF) at 6510 Black Rail Road, in the One-Family Residential (R-1) Zone and Local Facilities Management Zone 20. Dear Ms. Diehl, The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP 15-07) and Minor Coastal Development Permit (CDP 15-22) for a new wireless communication facility consisting of a total of 12 panel antennas behind radio frequency (RF) transparent screening material mounted to three existing water tanks, associated equipment and an emergency generator inside a proposed ground level enclosure near the north west corner of the site located at 6510 Black Rail Road. A notice was sent to property owners within a 300' radius of the subject property and occupants within 100' of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on August 7, 2015). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit and Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: MCUP15-07 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 Residential Low-Medium (RLM) Land Use designation does not preclude wireless communication facility (WCF) uses; and (c) the proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that the twelve (12) panel antennas will be located behind radio frequency (RF) transparent screening material mounted to three existing water tanks and the associated equipment and emergency generator will be within a proposed ground level enclosure. 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 fi www.carlsbadca.gov MCUP 15-07/CDP 15-22-POINSETTIA TWIN D TANK WCF August 10, 2015 Pa e 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 (public/private utility installation (water tanks) in a residential zone) as listed in Location Guideline A.l.g. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and will be hidden behind radio frequency (RF) transparent screen material that is painted to match the existing water tanks, as well as the equipment cabinets and emergency generator located within the proposed ground level enclosure which will be textured and painted and will have a tile roof over most of the enclosure. The WCF use is a conditionally permitted use within the One-Family Residential (R-1) zone. Furthermore, the placement of the antennas behind RF transparent screens painted to match the existing water tanks do not visually impact the existing site or building design and do not interfere with other surrounding uses, and will not result in any additional building coverage. 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 proposed antennas are mounted to three existing water tanks and the antennas are located behind RF transparent screen walls that will be painted and textured to match the existing water tanks. In addition, the associated equipment and emergency generator enclosure will be located on the ground level and textured and painted with a tile roof covering most of the enclosure and thereby exhibits stealth design techniques. 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 ;~ccessed by Black Rail 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 location (public/private utility installation (water tanks) in a residential zone) as listed in Location Guideline A.l.g. of City Council Policy Statement No. 64 and exhibits stealth design, as the panel antennas are mounted to the existing water tanks behind RF transparent screen walls that will be painted to match the existing water tanks and the associated equipment and emergency generator enclosure will be located on the ground level. and textured and painted with a tile roof covering most of the enclosure; COP 15-22 6. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas req!lired of the project. 7. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is already disturbed and developed with water tanks and associated infrastructure. MCUP 15-07/CDP 15-22-POINSETIIA TWIN D TANK WCF August 10, 2015 Pa e 3 8. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is consistent with the Mello II Segment of the Certified Local Coastal Program in that the proposed WCF use is not precluded in the Residential Low- Medium Density (RLM} land use designation identified on the Local Coastal Plan land use plan; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the proposed WCF will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the beauty of the coastal zone. 9. 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. 10. 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 14-15/CDP 14-24 as shown on Exhibits "A"-"I" dated August 10, 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 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/ Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 15-07 /COP 15-22 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, MCUP 15-07 /COP 15-22-POINSETTIA TWIN D TANK WCF August 10, 2015 Pa e4 from (a) City's approval and issuance of this Minor Conditional Use Permit/Minor Coastal Development 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 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 15-07/CDP 15-22 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 August 10, 2015 through August 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 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/Minor Coastal Development Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property MCUP 15-07/CDP 15-22-POJNSETIIA TWIN D TANK WCF August 10, 2015 Pa e 5 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 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. 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. Prior to issuance of the building permit, the developer shall obtain approval from Carlsbad Municipal Water District {CMWD) for the final design of the proposed WCF facility. 14. 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 storniwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 15. 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. 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.