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HomeMy WebLinkAboutAMEND 2019-0001; PCS 150 MOUNT KELLY; Admin Decision LetterMarch 29, 2019 Crown Castle GTE Elton Stolze 200 Spectrum Center Drive Irvine CA 92618-5003 '--IMA4 \.u! ~ ~\'uc(l.,1/\"t 3·'.l.C\, \ C\ ~\e.o\ 4·\·\C\ 8FILE COPY Ccicyof Carlsbad SUBJECT: AMEND 2019-0001 (DEV2019-0004}-PCS 150 MOUNT KELLY-Request for approval of the second amendment to Minor Conditional Use Permit MCUP 08-01 (AMEND 2019- 0001) to allow the modification of an existing wireless communication facility (WCF). The project site is located at 2237 Janis Way, in the Residential-Agriculture (R-A-10,000) Zone, and within Local Facilities Management Zone 1. Dear Elton Stolze, The city planner has completed a review of your application for a second amendment to a Minor Conditional Use Permit MCUP 08-01 (AMEND 2019-0001) for the modification of an existing WCF located on an existing mono palm. The project consists of relocating four (4) existing panel antennas and four (4) Remote Radio Heads (RRUs), installing one (1) ring mount with sector frames, and installing five (5) new panel antennas and six (6) new RRHs to an existing WCF located at 2237 Janis Way. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on March 18, 2019) and a request for an Administrative Hearing was filed. On March 19, 2019, the City Planner held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the evidence presented at the Administrative Hearing, 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; (bl the existing use is consistent with the General Plan in that the R-4 Land Use Designation does not preclude the provision of Wireless Communication Facility (WCF) uses on a public utility installation pursuant to City Council Policy No. 64, Wireless Communication Facilities as discussed in finding number five below. 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 I l 635 Faraday Avenue Carlsbad, CA 92008·7314 I 760·602-4600 I 760-602-8560 f I www.carlsbadca.gov ~~;c~~;~:~~~001 {DEV2019-0004)-PCS 150 ~~¥;T;E~Y~ >'T ,' ., 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 existing WCF that is proposed to be modified is located within a preferred location (within a non-publicly accessible, existing public utility installation in a residential area) as listed in Location Guideline A.1.g. of City Council Policy No. 64, and all aspects of the WCF exhibit stealth design or are completely hidden by existing improvements. The additional antennas and associated WCF equipment will not result in any additional building coverage, and will not interfere with other surrounding uses. Furthermore, per Federal Communications Commission's {FCC) document A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance, dated June 2, 2000, the project is considered to. be categorically excluded from providing radio frequency {RF) studies and therefore, considered highly unlikely to cause human RF exposure in excess of the FCC's exposure guidelines. Eligibility for the exclusion is determined by two of the facilities' characteristics: 1) the WCF is not mounted on a building but freestanding and, 2) the lowest point of the antenna is at least 33 feet above ground level. The project is not mounted on a building and the lowest point of the antennas is 40 feet above ground level. Although the project is considered to be categorically excluded from providing RF reports, City Council Policy No. 64 requires the submittal of a RF study within six {6) months after the issuance of occupancy and with each time extension or amendment request. A RF study was provided with this amendment request and confirms that RF exposure with standard FCC mitigation for operational personnel will not be in excess of the FCC's exposure guidelines. The project has been conditioned to maintain compliance with Federal Communications Commission {FCC) Radio Frequency {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 all of the antennas will be painted to match the palm fronds and the equipment cabinet is located within an existing enclosure, thereby exhibiting 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 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 the project site is located in a residential zone on the site of a non-publicly accessible public utility installation owned by the Carlsbad Municipal Water District {Ellery Reservoir), which the Policy identifies as a preferred location for WCFs. Also,. the existing and proposed panel antennas are located within an existing faux palm tree, the RRHs will be covered in green socks to match the palm fronds and the equipment boxes are screened from public view by a slope and landscaping, both of which comply with the Policy's design guidelines for stealth design. 6. That the request for a minor conditional use permit was adequately noticed at least ten {10) working days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7. 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 AMEND 2019-0001 (DEV2019-0004}-PCS 150 MOUNT KELLY March 29, 2019 Pa e 3 8. The city planner has reviewed each of the exactions imposed on the developer contained in this approval letter, 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for AMEND 2019-0001-PCS 150 MOUNT KELLY as shown on Exhibits "A" -"I" dated March 30, 2019, 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 Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AMEND 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 Amendment, (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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 08-01 as amended by AMEND 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 -----~ .. ---------·-------~--~-----·-···-.. AMEND 2019-0001 (DEV2019-0004)-PCS 150 MOUNT KELLY March 29, 2019 Pa e4 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. The amended MCUP 08-01 {AMEND 2019-0001} is granted for a period of ten (10) years from March 30, 2019, through March 30, 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 ten {10} years, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The city planner/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 City Planner/Planning Commission may grant. 9. 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. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. 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 §l.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 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 minor conditional use permit amendment. Code Reminders: 12. 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. AMEND 2019-0001 (DEV2019-0004}-PCS 150 MOUNT KELLY March 29, 2019 Pa e 5 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 $876.00. 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 to contact Chris Sexton at 760-602-4631. Sincerely, TERI DELCAMP Principal Planner TD:CS:dh c: Curtis Jackson, Real Estate Manager Dale and Kate Kubacki, 2236 Janis Way, Carlsbad CA 92008 Tecla Levy, Project Engineer HPRM/File Copy Data Entry.