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HomeMy WebLinkAboutMCUP 10-14; GERICO COMMUNICATIONS SITE; Admin Decision Letter,,,,....,---.., -,-.,,-. , _,if~_A. C I T Y O F ~~F CARLSBAD Planning Department August 24, 2010 Channel Law Group, LLP Attn: Mr. Julian K. Quattlebaum, Ill 207 East Broadway, Suite 201 Long Beach, CA 90802-8824 r SUBJECT: MINOR CONDITIONAL USE PERMIT MCUP 10-14-GERICO COMMUNICATIONS SITE · Dear Mr. Quattlebaum, FILE COPY. www.carlsbadca.gov The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 10-14 -GERICO COMMUNICATIONS SITE. The application includes modifications and upgrades to an existing 58' 2"-tall Wireless Communication Facility (WCF), originally permitted pursuant to CUP 97-08, which will bring it into compliance with City Council Policy Statement No. 64, Wireless Communication Facilities. The modifications to the WCF include replacing the existing exterior-mounted antennas (2) and internalizing the new pipe-mounted antennas (total of 6) within a new pole as well as the addition of a weather-resistant flag. The height of the exrsting WCF will not be increased. The project also includes the addition of an emergency generator and the extension of an existing masonry wall along the northern property line. The project site is located at 850 Tamarack Avenue (Hensley's Pub & Grill), in the General Commercial (C-2) Zone, Commercial Nisitor-Serving Overlay, and Local Facilities Management Zone 1. The property is also located within the Deferred Certification Area of the coastal zone; therefore, the California Coastal Commission is the permitting authority for the coastal development permit. • 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 Withtn the ten (10) day notice period (ending on July 26, 2010). After careful consideration of the circumstances· surrounding this request and a review of the application's consistency with City Council Policy No. 64, the City Planner has determined that the 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 continues to be necessary and desirable for 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 modified/upgraded WCF is consistent with the General Plan in that the Travel/Recreation Commercial (T-R) 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 c- MCUP 10-14 -GERICO COMMUNICATIONS SITE August 24, 2010 Page 2 2. 3. 4. 5. Land Use designation does not preclude the provIsIon of Wireless Communication Facility (WCF) uses; (c) the WCF is consistent with City Council Policy Statement No. 64, Wireless Communication Facilities, in that it is located in a preferred non-residential location (i.e., commercial zone) and has a stealth design; and (d) the project's location adjacent to a ~ajor transportation corridor (i.e., Interstate 5) as well as the proposed stealth flagpole design comply with General Plan objectives that seek to serve the travel and recreation needs of the tourists, residents, and employees as well as maintain and enhance Carlsbad's appearance. 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 modified WCF is located within a preferred non-residential location (i.e., C-2, General Commercial zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64 and all aspects of the WCF exhibit stealth design and are completely hidden by the proposed modified flagpole. Furthermore, the WCF use is not precluded by the project site's General Commercial (C-2) zoning. The modifications to the flagpole will not result in any additional building coverage as it is an existing use. In addition, the upgraded design of the flagpole will not negatively alter the site as the panel antennas will be concealed within the flagpole; therefore, the WCF does not interfere with nor is it visible to other surrounding uses. The project has been conditioned to maintain compliance with FCC RF Exposure Guidelines. 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 Planning Director in order to integrate the use with other uses in the neighborhood in that the location of the existing monopole originally permitted pursuant to CUP 97-08 will not be changing, the new antennas will be concealed within an upgraded flagpole which will . have an all-weather American flag attached, and the existing equipment building will not be expanded beyond the existing footprint. --.. ··: That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed WCF requires, on average, a monthly maintenance visit and occasional visits in response to operational problems. • • That the existing and proposed WCF is consistent with City Council Policy Statement No. 64 in that it is located within the top tier of preferred locations ("commercial zone") as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64. In addition, the upgraded WCF exhibits a stealth design as the new antennas are concealed within an upgraded flagpole using RF transparent material painted and textured to resemble a flagpole and an all-weather flag will be attached to the upgraded flagpole. Further, although the subject property is adjacent to a lot zoned Two-Family Residential (R-2), the location of the site is existing as originally permitted pursuant to CUP 97-08 and does not involve any modifications with respect to the location or the overall height of the flagpole. .. . MCUP 10-14-GERICO L.-.JMMUNICATIONS SITE August 24, 201 0 Page 3 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 15301 (Minor Alterations to Existing Facilities), of the state CEQA Guidelines. Additionally, as Verizon must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. 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. 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: Planning: 1. Approval is granted for MCUP 10-14 -GERICO COMMUNICATIONS SITE as shown on Exhibits "A -I" dated August 24, 2010 on file in the Planning Department 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 approv.al of this ·Minor Conditional Use Permit. 3. 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. / I MCUP 10-14-GERICO COMMUNICATIONS SITE August 24, 2010 Page 4 5. The Minor Conditional Use Permit, MCUP 10-14, 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 pubHc health, safety arid 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. 6. This Minor Conditional Use Permit is granted for a period of ten (1 0) years from August 24, 201 0 to August 24, 2020. 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 City Planner may not grant such extension, unless it finds that there are no substanti.al negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on s1,.1rrounding 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 may grant. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions o( 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 Developer or successor in interest. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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 Planning Director 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 ,· MCUP 10-14-GERICO\;,-JMMUNICATIONS SITE August 24, 201 0 (_ Page 5 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. 10. Prior to approval of the building permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California 9oastal Commission or its successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the City Planner. If the approval is substantially different, an amendment to Minor Conditional Use Permit MCUP 10- 14, shall be required. 11.. This approval shall become null and void if building permits are not issued for this project within 12 months from the date of project approval (i.e. date of issuance of a Coastal Development Permit, if determined to be applicable, by the California Coastal Commission) unless an extension is granted by the City Planner. In addition, the Developer shall make every effort to diligently apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission within 6 months of the date of this approval letter. 12. As shown on Exhibits "A -I" dated August 24, 2010, an all-weather American flag with a minimum dimensi~n of 1 0' x 15' shall be installed on the flagpole and flown at all times. If, at any time, it is determined that the flag is in a state of disrepair, the flag shall be replaced to the satisfaction of the City Planner. 13. As shown on Exhibits "A -I" dated August 24, 2010, two (2) notice signs shall be installed on the existing pole sign adjacent to the Wireless Communications Facility (WCF) at a height of 5-7 feet above finished grade and an additional sign shall be affixed to the cabinet of the sign. Said signs shall indicate that the owners of the pole sign or businesses with text on the pole sign shall contact Verizon Wireless or American Tower Corporation at the listed phone numbers on the sign prior to changing out the lamps (i.e., internal illumination) or other. maintenance of the existing freeway pole sign so the necessary arrangements can be made to temporarily disable the wireless communications facility. Prior to the issuance of building permits for the subject modifications to the WCF, the applicant shall submit notarized verification that the current property owners of APNs 204-292-23 and -24 are aware of this requirement. 14. If, at any time in the future, the facility is no longer needed, the Developer shall abandon the facility and shall be responsible for the removal of all permanent structures and restoration of the site as needed to re-establish the site consistent with the character of the surrounding area to the satisfaction of the City Planner. 15. No modifications or removal of portions of the existing fence located on APN 204- 292-22 shall be made without the approval of said property owner. MCUP 10~14 -GERICO COMMUNICATIONS SITE August 24, 2010 Page 6 Code Reminder: 16. 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 inust be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of the current appeal fee. 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 Werneke at (760) 602-4621. Sincerely, Qfufj teGJo CHRIS DeCERBO Principal Planner CO:SW:sm c: Booth & Suarez Architecture & Planning, Attn: Ken Ringer, PO Box 4651, Carlsbad, CA 92018 American Tower Corporation, Attn: Douglas Kearney, 2361 Campus Drive, Suite 240, Irvine, CA 92612 Jeff King, 2858 Carlsbad Boulevard, Carlsbad, CA 92024 Don Neu, City Planner Clyde Wickham, Project Engineer Chris DeCerbo File Copy Data Entry