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HomeMy WebLinkAboutMCUP 08-01; PCS 150 MOUNT KELLY; Admin Decision Letter: Mei Ofl'.o1 -PCS 150 Motr KELLY May 16, 2008 Page2 • 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 wlll not result In any additional bulldlng coverage and there will be no alterations to the existing site design. 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 Planning Director in order to integrate the use with other uses in the neighborhood in that the WCF Is existing and no modifications are being proposed. The original approval of the use (CUP 96-0&(A)) was granted on November 7, 2001. 4. That the street system serving the proposed use is adequate to property handle all traffic generated by the proposed use in that the unmanned WCF use would require, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that It 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 panel antennas are located within a faux palm tree and the equipment boxes are screened from pu~Hc view by a slope and landscaping, both of which comply with the Policy's design guidelines for stealth design. Furthermore, the project has been conditioned to comply with the requirement to maintain compliance with FCC RF Exposure Guidelines. • 6. That the Planning Director 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 faciffty, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not. apply to this project. 7. The Planning Director 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 08-01 as shown on Exhibits "A" -"D" dated November 7, 2001 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 r '- .. • • MCUP 08-01 -PCS 150 MOUNT KELLY May 16, 2008 Page3 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 MCUP 08-01 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 08-01 shall be reviewed by the Planning Director 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 Planning Director 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 ~eing 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 Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director 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 oa.;01 -PCS 150 MO.T KELLY May 16, 2008 Page4 • 8. This Minor Conditional Use Permit is granted for a period of 10 years retroactively from August 20, 2006 through August 19, 2016. 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 1 0 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Director may not grant such extension, unless he or she 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 shaH 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 Director 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 from the date of this letter, 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 emissioh$ 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 Planning Director 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. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) · Minor Condition~• 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 of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director 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. 11. Developer shall maintain in good standing a license agreement (fully executed) with the City for use of and access to the project site. 12. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 13. Developer shall comply with the City's requirements of the current National PoHutant Discharge Elimination System (NPDES) permit. Developer shall implement best management practices at all times. Best management practices· include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution ' •• • MCUP 08-01 -PCS 150 MOUNT KELLY May 16, 2008 Page5 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. 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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $598.50. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Chris Sexton at (760) 602-4624. Sincerely, i7: ;!CJL-o:lr. BARBERIO Assistant Planning Director GTB:CS:lt c: Chris DeCerbo Scott Donnell Tecla Levy File Copy Cynthia Haas Data Entry CUP 96-06(A) ■ :, I ' "" • MCUP 08-01 -PCS 150 MOUNT KELLY • March 5, 2008 Page.2 WCF will not result in any additional building coverage and there will be no alterations to the existing site design. 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 Planning Director in order to integrate the use with other uses in the neighborhood in that the WCF is existing and no modifications are being proposed. The original approval of the use (CUP 96-06(A}} was granted on November 7, 2001. 4. That the street system serving the proposed use is adequate to, properly handle all traffic generated by the proposed use in that the unmanned WCF use would require, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that it 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 panel antennas are located within a faux palm tree 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. Furthermore, the project has been conditioned to comply with the requirement to maintain compliance with FCC RF Exposure Guidelines. 6. That the Planning Director 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 facility, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The Planning Director 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 08-01 as shown on Exhibits "A" -"D" dated November 7, 2001 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 ... .. MCUP 08-01 -Pcs 150 luNT KELL v March 5, 2008 • Page3 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 08-01 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 approvat. 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 ofthis Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connectionwith 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 Lo.cal Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 08-01 shall be reviewed by the Planning Director 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 Planning Director 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 Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director 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 5 years retroactively from August 20, 2006 through August 19, 2011. 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 • MCUP 08-01 -PCS 150 MOUNT KELLY • March 5, 2008 Page4 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 reasonabl.e period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Director may not grant such extension, unless he or she 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 Director 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 from the date of this letter, 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 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 Planning Director for consistency with the Project's • preliminary report on RF exposure submitted with the initial projectapplication 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. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) 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 of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director 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. 11. Developer shall maintain in good standing a license agreement (fully executed) with the City for use of and access to the project site. 12. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 13. Developer shall comply with the City's requirements of the current National Pollutant Discharge Elimination System (NPDES) permit. Developer shall implement best management practices at all times. Best management practices include but not limited to pollution treatment practices or devices, 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. .. • • ,,. MCUP 08-01 -PCs 1 so luNT KELLY March 5, 2008 Page5 • 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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $598.50. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Chris Sexton at (760) 602-4624. Sincerety'WL &BARBERIO Assistant Planning Director GTB:CS:lt c: Chris DeCerbo Scott Donnell Tecla Levy File Copy Cynthia Haas Data Entry CUP 96-06(A)