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HomeMy WebLinkAbout2014-09-17; Planning Commission; ; CUP 13-01 - SD06369 CADENCIA The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: February 12, 2013 P.C. AGENDA OF: September 17, 2014 Project Planner: Chris Garcia Project Engineer: David Rick SUBJECT: CUP 13-01 – SD06369 CADENCIA – Request for approval of a Conditional Use Permit to allow for the continued operation of and revisions to an existing Wireless Communication Facility consisting of three panel antennas housed within a faux chimney on the roof of an existing single family residence and the relocation of existing equipment cabinets to a new enclosure at the rear of the property located at 7412 Cadencia Street in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6996 APPROVING CUP 13-01 based upon the findings and subject to the conditions contained therein. II. BACKGROUND At the July 17, 2013 Planning Commission hearing, the applicant requested and was granted a continuance of the CUP 13-01 to September 4, 2013 to allow time for the applicant and the property owner to work through remaining issues. At the September 4, 2013 Planning Commission hearing, the Planning Commission continued the item so that the applicant could return with a presentation documenting whether this is the best location for the coverage needed. At the July 16, 2014 Planning Commission hearing, the Planning Commission continued the item at the request of the applicant and the city to allow staff to work out remaining issues. The applicant submitted an alternatives analysis that included seven alternative sites including: on a water tank, electricity transmission towers, private property and Fire Station #6. Of these eight sites, seven were considered viable from an engineering perspective. However, only a condominium project located at the southwest corner of Cadencia Street and Piragua Street and the fire station site located at 7201 Rancho Santa Fe Road had potential landlord interest. The home owner’s association for the condominium project voted to not pursue the location of a Wireless Communication Facility (WCF) on their site. The site at Fire Station #6 is the only remaining site that is potentially viable from an engineering perspective and with potential landlord interest. Staff continues to recommend that the existing WCF remain on the site located at 7412 Cadencia Street with the proposed relocation of the equipment enclosure. The fire station site is zoned R-1-20,000 (One- Family Residential) which is also a discouraged location pursuant to City Council Policy No. 64. Although 1 CUP 13-01 – SD06369 CADENCIA September 17, 2014 Page 2 no design for a WCF has been submitted, it is anticipated that the WCF will need to be a free standing “mono-tree” at a minimum height of 60 feet and would be clearly visible from Rancho Santa Fe Road. The existing fire station building is approximately 31.5 feet in height and is visible from Rancho Santa Fe Road (See Attachment 6). The existing panel antennas at 7412 Cadencia Street are completely hidden in an existing faux chimney and the relocated equipment shelter will be screened by landscaping and is therefore better suited to meet the stealth design requirements of City Council Policy No. 64. The complete alternative analysis discussion and associated coverage maps provided by the applicant are attached. ATTACHMENTS: 1. Planning Commission Resolution No. 6996 2. Location Map 3. Disclosure Statement 4. Planning Commission Staff Report dated July 17, 2013 (without attachments) 5. Alternative Analysis and Coverage Maps for SD06369 Cadencia 6. Photos of Fire Station #6 site, 7201 Rancho Santa Fe Road 7. Site Justification Letter 8. Reduced Exhibits 9. Exhibits “A” – “J” dated July 17, 2013 VE N A D O S T PI R A G U A S T CA D E N C I A S T BR A V A S T DEL RE Y A V VE R D E A V HATACA R D LA COSTA AV CA R V A L L O C T CA R L I N A S T CUP 13-01 SD06369 Cadencia SITE MAP SITE E L C AMINO R E A L LA COSTA AV ALGA RD C A R L S B A D B L The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: February 12, 2013 P.C. AGENDA OF: July 17, 2013 Project Planner: Chris Garcia Project Engineer: David Rick SUBJECT: CUP 13-01 – SD06369 CADENCIA – Request for approval of a Conditional Use Permit to allow for the continued operation of and revisions to an existing Wireless Communication Facility consisting of three panel antennas housed within a faux chimney on the roof of an existing single family residence and the relocation of existing equipment cabinets to a new enclosure at the rear of the property located at 7412 Cadencia Street in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6996 APPROVING CUP 13-01 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This Conditional Use Permit (CUP) will allow for the continued operation and revisions to an existing unmanned Wireless Communication Facility (WCF) which currently consists of two large equipment cabinets, four small wall mounted equipment boxes and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street. The two large equipment cabinets and four small wall mounted equipment boxes are proposed to be relocated from the north side of the house to a new equipment enclosure located at the rear of the property and the three panel antennas will remain as-is. The last Conditional Use Permit (CUP 08-10) for this use was determined to be null and void on August 9, 2012 because the applicant (T-Mobile) failed to properly execute a Notice of Restriction for the CUP. Accordingly, a new conditional use permit application is required to allow the continued operation of the use. The project complies with City Standards and all necessary findings can be made for the approval being requested. The Planning Commission is the final decision making body for this project. III. PROJECT DESCRIPTION AND BACKGROUND On April 5, 2000, the Planning Commission approved CUP 99-11 to allow for the construction of a WCF consisting of two wall mounted equipment cabinets, four small wall mounted 2 CUP 13-01 – SD06369 CADENCIA July 17, 2013 Page 2 equipment boxes and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street. Condition No. 8 of the approving CUP, Planning Commission Resolution No. 4750, specified that CUP 99-11 was granted for a period of five years but may be extended upon written application of the permittee at least 90 days prior to expiration. However, CUP 99-11 expired on April 5, 2005 since an extension request was not submitted by that date. On December 3, 2007, approximately 2 years and 8 months after expiration, an application was submitted to extend CUP 99-11 (CUP 99-11x1). The Planning Director sent a letter to the applicant notifying them that because an extension was not filed at least 90 days before expiration, a new CUP would need to be filed. On January 21, 2008, the applicant acknowledged the city’s letter and requested withdrawal of CUP 99-11x1. On May 5, 2008, an application for a new CUP (CUP 08-10) was submitted for the continued operation of the WCF and was deemed complete on April 4, 2009. On July 15, 2009, the Planning Commission approved CUP 08-10 (Planning Commission Resolution No. 6599) for a period of 10 years. Condition No. 6 of Planning Commission Resolution No. 6599 required the applicant to execute a Notice of Restriction. Many attempts were made yet failed to persuade the applicant to execute the Notice of Restriction. Finally, on August 9, 2012, a letter was sent to the applicant stating that the City Planner has determined that CUP 08-10 is null and void for failure of the applicant to properly execute a Notice of Restriction per Condition No. 6 of Planning Commission Resolution 6599. On August 16, 2012, an appeal form was filed by the applicant with the Planning Division requesting appeal of the City Planner’s decision that the CUP is null and void. However, the appeal was withdrawn and a new Conditional Use Permit (CUP 13-01) was submitted for this project. The City Council adopted a policy (City Council Policy No. 64) regarding prioritization for the location of WCFs within the City on October 3, 2001. The guidelines state that WCFs should be located on buildings and structures, not on vacant land. In addition, preferred locations of WCFs, in order of priority, are industrial, commercial, public, other non-residential, public utility, park, or community facility property. The project site has a Residential Low-Medium (RLM) General Plan Land Use designation and is located in the Planned Community (P-C) “residential” zone. Residential zones are considered “discouraged locations” under the City Council Policy No. 64 Guidelines. However, WCFs may be located in “discouraged locations” if the applicant demonstrates that no feasible alternative site exists within a preferred location. The applicant submitted coverage maps identifying the coverage needs for the facility. The areas requiring coverage are the surrounding residential properties. The applicant has demonstrated that there are no other properties within the vicinity that have a non-residential land use designation, and are at a high enough elevation to meet the required WCF coverage objectives as the existing site (see Attachment 5). The nearby SDG&E towers to the north are not a feasible alternative in that the property is also located in a non- preferred location (open space) and placing a WCF on the towers could create significant visual impacts to surrounding neighbors. CUP 13-01 – SD06369 CADENCIA July 17, 2013 Page 3 The design guidelines of City Council Policy No. 64 require that all aspects of a WCF, including the supports, antennas, screening methods, and equipment should exhibit “stealth” design techniques so they visually blend into the background or the surface onto which they are mounted. The policy encourages collocation wherever feasible and appropriate. No feasible place for collocation exists within the required coverage area. The project complies with the policy design guidelines in that the facility, consisting of three existing panel antennas and relocated equipment, exhibits “stealth” design. The existing panel antennas are fully concealed inside a 4’ x 4’ x 4’8” high faux chimney. The accessory equipment is currently located on the northern rear side of the residential home within wall-mounted cabinets. However, at the property owner’s request, the applicant is proposing to relocate the equipment to a new enclosure at the rear of the property. The enclosure will be located on a small pad cutting into a downhill backyard slope and will be below the existing elevation of Venado Street. It will be partially below grade and surrounded by existing and new landscaping. Furthermore, the maximum 5’ walls of the enclosure will be painted green to help blend in with the surrounding landscaping. The equipment cabinets will be accessed from Venado Street through a new gate in the existing wrought iron fence and a new stairway along the existing hillside. A new 6’ wrought iron fence will be installed on the sides of the enclosure and access stairway for security purposes. With this design, the equipment enclosure will not be visible from Venado Street. IV. ANALYSIS The existing WCF continues to be consistent with all applicable plans, policies and regulations described below: A. Residential Low-Medium (RLM) General Plan Land Use Designation; B. Planned Community (P-C) Zone (Chapter 21.38 of the Carlsbad Municipal Code) and the La Costa Master Plan (MP 149); C. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); D. City Council Policy Statement: Policy # 64 – Wireless Communication Facilities; and E. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 6 Local Facilities Management Plan. A. Residential Low-Medium (RLM) General Plan Land Use Designation The project complies with the General Plan in that, 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. The use is consistent with the General Plan in that the Residential Low-Medium Density (RLM) General Plan Land Use designation does not preclude the provision of WCF uses. Additionally, the proposed antennas are screened inside the existing chimneys and the equipment will be re-located to a new enclosure at the rear of the property which is screened by landscaping and painted green to blend in. Therefore, the project’s stealth design complies with the General Plan objectives that seek to maintain and enhance Carlsbad’s appearance. CUP 13-01 – SD06369 CADENCIA July 17, 2013 Page 4 B. Planned Community (P-C) Zone (Chapter 21.38 of the Carlsbad Municipal Code) and the La Costa Master Plan (MP 149) In the P-C Zone, the permitted uses and structures shall be established by a master plan of development approved in accordance with Chapter 21.38 of the C.M.C. The master plan may include any use found to be necessary and desirable for a community plan. The La Costa Master Plan does not preclude the provision of WCF uses and the existing antennas are screened inside the existing faux chimney and the equipment is proposed in a new equipment enclosure that is partially below grade, screened by landscaping and green colored enclosure walls. The existing WCF antennas are located within a faux chimney and are not within any of the required front, rear or side yard setbacks. The equipment cabinets will be relocated to a new enclosure near the rear of the property that also meets all development standards of the La Costa Master Plan. The required CUP findings (discussed below in Section C) can be made for the proposed WCF as it is a desirable public convenience and is compatible with its surroundings. C. Conditional Use Permit Regulations, Chapter 21.42 of the Carlsbad Municipal Code Conditional uses such as WCFs possess unique and special characteristics that make it impractical to include them as permitted uses “by right” in any of the various zoning classifications (i.e. residential, commercial, office, industrial). The authority for the location and operation of these uses is subject to City Council Policy Statement No. 64 – Wireless Communication Facilities Policy (see discussion D below), Planning Commission review, and the issuance of a CUP. Staff has reviewed the proposed project and found that all of the necessary findings can be made to approve the CUP. The required findings and satisfaction of these findings are provided in Table 1 below. TABLE 1 – CONDITIONAL USE PERMIT FINDINGS FINDING PROJECT CONSISTENCY That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The requested 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. The proposed use is consistent with the General Plan in that the Residential Low Medium Land Use designation does not preclude the provision of WCF uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design and only minor alterations to the existing site are proposed. CUP 13-01 – SD06369 CADENCIA July 17, 2013 Page 5 TABLE 1 – CONDITIONAL USE PERMIT FINDINGS CONTINUED FINDING PROJECT CONSISTENCY 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. T-Mobile has provided a Radio Frequency (RF) Emissions Report to document that the RF emissions will not exceed the FCC guidelines. The report indicates that the RF emissions of the T-Mobile antennas will be below the FCC standard for continuous public exposure; therefore, the project would not be detrimental in that it would not have a significant adverse impact on public health. The three (3) existing panel antennas would not be aesthetically detrimental since they are housed within a faux chimney on the roof of a residential structure and therefore, are blended into the existing architecture. The accessory equipment will be relocated to the rear of the property in a partially subterranean equipment enclosure that is painted green to match the existing and proposed landscaping that will visually screen the enclosure, exhibiting stealth design. A noise study has been submitted demonstrating that the relocated equipment will comply with the city’s Noise Guidelines Manual, ensuring compatibility with the existing residences. 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, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The three (3) panel antennas are existing and housed within a faux chimney on the roof of a residential structure. Furthermore, the above ground equipment shelter complies with all development standards including setbacks, and is partially below grade, screened by landscaping and painted green to further reduce its visibility from public view. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. Venado Street will be used to access the equipment cabinets and Cadencia Street will be used to access the panel antennas. The existing street system is adequate to property handle any traffic generated by the use. D. City Council Policy Statement No. 64 – Wireless Communication Facilities Pursuant to Carlsbad Municipal Code Section 21.42.140(165)b, a WCF Conditional Use Permit application that does not comply with the preferred location and the stealth design review and approval guidelines of City Council Policy Statement No. 64 shall be conditionally approved or denied by the Planning Commission. CUP 13-01 – SD06369 CADENCIA July 17, 2013 Page 6 The facility is located in the (P-C) Planned Community residential zone, a “discouraged” location; however as discussed in the Project Description section of this report, the applicant has demonstrated that no feasible alternative site exists within a “preferred” location that can achieve the required coverage objectives at its current location. The existing WCF exhibits “stealth” design in that the three existing panel antennas are fully concealed inside a 4’ x 4’ x 4’8” high faux chimney. The existing accessory equipment is being relocated from the northern rear side of the residential home to a new enclosure toward the rear of the property. The new equipment enclosure will be partially below grade and will be painted green to blend into the existing and proposed landscaping that screen the structure, and therefore exhibits stealth design in its proposed location. An updated Radio Frequency (RF) Emissions Report, dated January 30, 2013, was submitted providing compliance with the Federal Communications Commission (FCC) RF Exposure Guidelines. The report indicates that the RF emissions of the T-Mobile antennas are below the FCC standard for continuous public exposure. E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 6 Local Facilities Management Plan. The proposed site is located within Local Facilities Management Plan Zone 6. The installation of the two larger equipment cabinets and 4 smaller equipment boxes within the proposed new equipment shelter would not result in increased public facilities demands and therefore, the project would not exceed performance standards for public facilities. V. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures”, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. ATTACHMENTS: 1. Planning Commission Resolution No. 6996 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Applicant’s Site Analysis/Justification titled, “Telecom Site Justification Letter” 6. Coverage Exhibit for coverage with and without site 7. Reduced Exhibits 8. Exhibits “A” – “J” dated July 17, 2013 SD06369 Cadencia Alternative Discussion Eight alternatives were reviewed as possible replacement candidates for the on-air site located on the Codd residence at 7412 Cadencia Street. Please refer to the attached aerial. The first five candidates are viable from an engineering perspective, however only #5 below had potential landlord interest, and after board consideration was not interested. The 6th candidate is located too close to the On-Air site SD06438A and will not serve T-Mobile Engineering needs. The 7th and 8th sites are viable engineering alternatives, however 8 does not have a willing ground owner. The 7th alternative is owned by the City of Carlsbad. 1.Primary Candidate:Water tank (33.05'26.58", -117.13'12.45") This island parcel is owned by Olivenhain Water District. There are no existing telecommunications facilities located on the parcel presently. I spoke with the District’s Engineering Department, although they do allow telecommunication carriers on some District properties, they explained that this water tank is not available for telecommunication facilities. The District does not consider this property a viable location for a telecom facility due to the constricted parcel. The District no longer allows antennas to be mounted on District water tanks. This water tank property is too constricted and they will not allow for ground space for an independent structure. 2.SDGE Candidate D (33.05'16.67",-117.14'02.37")–Option 1 –Ground space is owned by Hawk’s View Group. They were non- responsive. 3. SDGE Candidate C (33.05'20.06", -117.14'11.27")–Option 2 Ground space is owned by BCE Development. I contacted both their Minnesota and New York offices. There is no interest in leasing. 4. SDGE B Candidate B (33.05'27.71",-117.14'30.2")–Option 3 Ground Space is owned by Corona La Costa Homeowner’s Association. They were non-responsive. 5. Seapoint Tennis Candidate F (33.05'28.06", -117.14'15.91") –Option 4 –This is owned by Seapoint Tennis Club. I contacted the Management company and the proposal for a 30 foot monopalm was presented to the Board at the January 21, 2014 meeting. The Board determined they are not interested. 6. Commercial Development Candidate G (33.04'57.43", -117.14'0.44")–Not Viable too close to On-Air Site SD06438A. 7. Fire Station Candidate H (33.04'51.1", -117.14'13.24") –The Fire Station is a viable engineering alternative. T-Mobile conducted a site visit and determined the roof will not support a site, so the design solution would require a ground mounted facility such as a faux tree. The approximate required height would be 60 feet to see over the fire station for line of sight to the West. 8. SDGE Candidate I. (33.05‘42.70",-117.13'35.96")–Ground Space is owned by Center for Natural Lands Management. They are not interested in leasing. ATTACHMENT 5 SD06369 Cadencia Alternative Aerial H. Fire Station #6 SD06369 Cadencia Site Map The property located at 7412 Cadencia Street is developed with a single family home.There is an existing T- Mobile cellular facility on the property.The facility is comprised of 3 antennas located within a faux chimney on the roof and 2 equipment cabinets located on the north side of the house.There are no proposed changes to the faux chimney.The equipment cabinets are proposed to be relocated to the slope at the rear of the house and accessed from Venado Street.The cabinets will not be visible from Venado Street.The surrounding area is developed with single family residential.The property to the North is vacant,the properties to the East and West and South are developed with single family homes.The subject property and surrounding properties are zoned Planned Community. SD06369 Cadencia Land Use Map 7412 Cadencia F. Seapoint Tennis Club G. Commerical Development On-Air Site SD06438 C. SDG&E groundowner BCE D. SDG&E ground owner Hawk’s View B. SDG&E Corona La Costa HOA Primary Olivenhain Water Tank H. Fire Station #6I.SDGE, ground owner, Center for Natural Lands Management SD06369 Cadencia Land Use Map 7412 Cadencia F. Seapoint Tennis Club G. Commerical Development On-Air Site SD06438 C. SDG&E groundowner BCE D. SDG&E ground owner Hawk’s View B. SDG&E Corona La Costa HOA Primary Olivenhain Water Tank H. Fire Station #6I.SDGE, ground owner, Center for Natural Lands Management ATTACHMENT 6 ATTACHMENT 7 ARCHITECTURE + GRAPHICS TH E S E D E S I G N S , D R A W I N G S A N D S P E C I F I C A T I O N S A R E T H E P R O P E R T Y A N D C O P Y R I G H T O F D D A A N D S H A L L N O T B E U S E D I N C O N N E C T I O N W I T H A N Y O T H E R W O R K E X C E P T B Y A G R E E M E N T W I T H D D A . T H E R E S H A L L B E N O C H A N G E S O R D E V I A T I O N W I T H O U T T H E C O N S E N T O F D D A . W R I T T E N D I M E N S I O N S S H A L L B E V E R I F I E D O N T H E J O B S I T E . A N Y D I S C R E P A N C Y S H A L L B E B R O U G H T T O T H E N O T I C E O F T H E D D A P R I O R T O T H E C O M M E N C E M E N T O F A N Y W O R K . DDA Project # M T e b o li 0'20'20'10'40' ARCHITECTURE + GRAPHICS TH E S E D E S I G N S , D R A W I N G S A N D S P E C I F I C A T I O N S A R E T H E P R O P E R T Y A N D C O P Y R I G H T O F D D A A N D S H A L L N O T B E U S E D I N C O N N E C T I O N W I T H A N Y O T H E R W O R K E X C E P T B Y A G R E E M E N T W I T H D D A . T H E R E S H A L L B E N O C H A N G E S O R D E V I A T I O N W I T H O U T T H E C O N S E N T O F D D A . W R I T T E N D I M E N S I O N S S H A L L B E V E R I F I E D O N T H E J O B S I T E . A N Y D I S C R E P A N C Y S H A L L B E B R O U G H T T O T H E N O T I C E O F T H E D D A P R I O R T O T H E C O M M E N C E M E N T O F A N Y W O R K . DDA Project # M T e b o li 5'2.5'0'5'10'