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HomeMy WebLinkAboutCUP 2019-0001; LA COSTA RESERVOIR WCF; Admin Decision Letter• ; June 6, 2019 Jill Cleveland PlanCom, Inc. FILE {'cityof Carlsbad 302 State Place Escondido, CA 92029 SUBJECT: CUP 2019-0001 (DEV 09002) -LA COSTA RESERVOIR WCF -Request for approval of a Minor Conditional Use Permit CUP 2019-0001 to remove an existing 40-foot-tall monopole wireless communications facility (WCF) originally approved pursuant to CUP 94-llxl and replace it with a 61-foot-tall faux mono-eucalyptus tree WCF consisting of a total of 12 panel antennas (four antennas per sector). The project also includes modifications and architectural enhancements to the existing equipment building. The existing 40-foot-tall monopole WCF, which is proposed to be removed, is currently located at the peak of the site, adjacent to the existing equipment building. The proposed faux mono-eucalyptus tree will be located approximately 100 feet downslope and southeast of the existing WCF facility (to be removed). In addition to the existing monopole WCF and equipment building, the parcel is developed with a water tank. The property is owned by the Carlsbad Municipal Water District and is generally located south of Alga Road and east of El Fuerte. More specifically, the property is located on a slope in between two private streets, Corintia Street to the west and Sitio Oceano to the east (APN 223-792-19). The parcel is located in the Planned Community (P-C) zone and has a General Plan Land Use designation of R-1.5, Residential 0-1.5 dwelling units per acre. The property is also located within the boundaries of the La Costa Master Plan, MP 149(R) and Local Facilities Management Zone 11. Dear Ms. Cleveland, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019- 0001 for a Wireless Communications Facility (WCF} located on property owned by the Carlsbad Municipal Water District, south of Alga Road, east of El Fuerte and more specifically located on a slope in between two private streets, Corintia Street to the west and Sitio Oceana to the east (APN 223-792-19}. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments from two residents were received within the ten-day notice period (ending on April 4, 2019). Additional information was provided and all outstanding concerns that each resident had have been addressed. 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 Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2019-0001 (DEV09002}-LA COSTA RESERVOIR WCF June 6, 2019 Page 2 desirable for the development of the communiw be~~~.of..Jhe benefit and demand for digital communications and data transmissions for', busine$s@S; 1ndividuals, public agencies and emergency service systems in this part of the qty; (bl the 1existing use is consistent with the General Plan in that the Residential Land Use Designation does not preclude the provision of Wireless Communication Facility (WCF) uses; (c) the WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is located in a preferred location (public utility/water tank in residential zone) and incorporates a stealth design with the construction of a faux eucalyptus tree and associated panel antennas painted to match the tree, as well as architectural upgrades and enhancements to the existing equipment building; (d) the project includes the removal of an existing WCF (monopole) that does not comply with City Council Policy No. 64 (i.e., does not incorporate a stealth design); and (e) the stealth design of the replacement WCF complies 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 WCF is located within a preferred location (public utility/water tank in residential zone) as listed in Location Guideline A.1.g of City Council" Policy Statement No. 64, and all aspects of the WCF exhibit stealth design. Specifically, the WCF is designed as a faux eucalyptus tree, the panel antennas will be painted to match the facility and the equipment building will be upgraded with a design that complements the architecture in the neighborhood. The WCF use is not precluded by the project site's underlying P-C zone nor MP 149(R). Furthermore, the removal of the existing non-compliant monopole and the replacement faux eucalyptus tree WCF represents an upgrade since it incorporates a stealth design. In addition, existing ~ucalyptus trees on the site provide the appropriate context for the faux tree WCF. 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 61-foot-tall faux eucalyptus tree WCF exhibits a stealth design and is located on a parcel which includes existing eucalyptus trees. The main structure of the WCF is located 27 feet from the southerly property line and 66 feet from . the closest residential property line. A private driveway owned by the community Home Owner's Association is located in between the subject property and the closest property developed with a single family home. Therefore, the 66-foot setback complies with the intent of the WCF policy which recommends a setback from residentially-zone property equidistant to the height of the structure. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing WCF requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (public utility/water tank in residential zone) as listed in Location Guideline A.1.g of City Council Policy Statement No. 64, exhibits stealth design (i.e., faux eucalyptus tree) and the , " CUP 2019-0001 (DEV09002) -LA COSTA RESERVOIR WCF June 6, 2019 Page 3 existing equipment building will be upgraded with a design which enhances the structure's compatibility with the architecture in the neighborhood. 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 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 CUP 2019-0001 as shown on Exhibits "A" -"P" dated June 3, 2019 on file 1 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 follow_ing 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 CUP 2019-0001 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 CUP 2019-0001 (DEV09002) -LA COSTA RESERVOIR WCF June 6, 2019 Page 4 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. CUP 2019-0001 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 Minor Conditional Use Permit is granted for a period of 10 years from June 3, 2019 through June 3, 2029. 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. 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 CUP 2019-0001 (DEV09002) -LA COSTA RESERVOIR WCF June 6, 2019 Page 5 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. 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 66120. 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 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. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 13. 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. 14. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 15. Prior to the issuance of the building permit, approval is required from the Carlsbad Municipal Water District {CMWD}. In addition, the building plans shall adequately address any security upgrades required by CMWD. · 16. Prior to the issuance of the building permit, approval is required from the City's Real Property Department. 17. The existing wireless communications facility {WCF) approved pursuant to CUP 94-llxl shall be removed from the property within three (3) months of the installation/operation of the new WCF facility. Photo verification shall be submitted to the Planning Division, to the satisfaction of the City Planner. CUP 2019-0001 {DEV09002) -LA COSTA RESERVOIR WCF June 6, 2019 Page 6 18. Any required battery systems for the antennas shall be submitted to the Fire Department for approval of construction. Code Reminders: 19. 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. 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 $876. 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 Shannon Harker at (761) 602-4621. Sincerely, -7-;___ . ~ TERI DELCAMP Principal Planner TD:SH:mf c: Don Neu, City Planner Curtis Jackson, Real Estate Manager, City Manager's Office David Hull, Associate Engineer, Public Works Department File Copy Data Entry HPRM \.