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HomeMy WebLinkAboutMCUP 13-05; OMWD OPS CENTER; Admin Decision LetterA?~.A._ C I T Y 0 F VcARLSBAD Community & Economic Development October 29, 2013 PlanCom, Inc. Attn: Karen Adler 302 State Place Escondido, CA 92029 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 13-05 -NS0028 OMWD OPS CENTER- Request for approval of a Minor Conditional Use Permit (MCUP 13-05) 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. Adler, The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP 13-05) for the installation, operation, and maintenance of a wireless communications facility (WCF) for AT&T located in a 45 foot tall faux mono-eucalyptus tree consisting of twelve (12) 78 inch long panel antennas, two GPS antennas, an associated eight foot tall equipment enclosure constructed of tan colored slump block walls and fully screened with new landscaping at the base of the faux mono- eucalyptus tree 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 June 3, 2013). 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. · . ·. Planning Division ~~-----~-------------------------------------------------------------c 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MCUP 13-05-NS0028 OMWD OPS CENTER October 29, 2013 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 (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 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 slump block walls and is fully 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 78 inch tall panel antennas are located within and painted to match the color of a faux mono-eucalyptus tree thereby exhibiting a stealth design and the equipment enclosure will be constructed with tan colored slump 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 15303 (New Construction 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. 6. 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 13-05 as shown on Exhibits "A"-"T" dated October 29, 2013 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 MCUP 13-05-NS0028 OMWD OPS CENTER October 29, 2013 Pa e 3 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 13-05 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 13-05 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 13-05-NS0028 OMWD OPS CENTER October 29, 2013 Pa e 4 8. This Conditional Use Permit is granted for a period of 10 years from October 2, 2013 through October 28, 2023. 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 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 18 months from the date of project approval. 11. 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. 12. 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. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 14. 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 MCUP 13-05-NS0028 OMWD OPS CENTER October 29, 2013 Pa e 5 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. Engineering: 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 16. Developer shall cause property owner to apply for, execute, and submit to the City Engineer for recordation, an Encroachment Agreement covering private landscaping, telecommunication equipment and enclosure located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Said encroachment agreement is not necessary if the underlying easements are vacated to the satisfaction of the city engineer prior to the issuance of building permits. 17. 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 control 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. Code Reminders: 18. 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. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04:320. 20. 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. MCUP 13-05-NS0028 OMWD OPS CENTER October 29, 2013 Pa e 6 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 Jetter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $651.00. 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 Austin Silva at {760) 602-4631. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:sm c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy DMS/Data Entry