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HomeMy WebLinkAboutMCUP 08-04; ALGA CAMINO VERIZON; Admin Decision Lettere e FILE COPY City of Carlsbad 14Filili•li·l•l4·Eiiii,1411 ■ June 30, 2008 Verizon Wireless Milestone Wireless, Kim Shaves 37 Gardenpath Irvine, CA 92605 &·ao,o'8 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-04 -ALGA CAMINO VERIZON -Request to allow the extension and continued operation of a redesigned wireless communication facility located at 6986 El Camino Real, in the C-1-Q Zone and Local Facilities Management Zone 6. Dear Kim Shaves, The Assistant Planning Director has completed a review of your application for: a Minor Conditional Use Permit MCUP 08-04 for the extension and continued operation of a redesigned wireless communication facility located at 6986 El Camino Real. 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 June 10, 2008). A request for an Administrative Hearing was not filed. After careful consideration of the facts set forth in the application and a review of the application's consistency with City Council Policy No. 64, the Assistant Planning Director 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 the use is consistent with the General Plan in that the Local Shopping Center (L) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The existing WCF includes antennas mounted on the south and east facing walls of a commercial building just below the roof line. To minimize their visibilty, the MCUP proposes to further stealth the existing ar:-tennas behind screens that are stuccoed to match the building. The WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities in that it is in a preferred commercial zone location and has a stealth design. The project's location and stealth design also enable the project to comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • • MCUP 08-04 -ALGA CAMINO VERIZON June 30, 2008 Page 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 WCF is not precluded by the project's Neighborhood Commercial (C-1-Q) zoning. Furthermore, the redesigned WCF does not result in any additional building coverage, the stuccoed screens improve the existing site design further stealthing the existing a,:itennas, and the use does not interfere with and is not readily visible to other surrounding uses. 3. That the site for the proposed conditiohal use i~ 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 Assistant Planning Director in order to integrate the use with other uses in the neighborhood in that the WCF is existing and the proposed redesign will function to reduce its visibility. The original approval of the conditional use (CUP 02-12) was granted on April 16, 2003. 4. That the street syste!TI serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unmanned WCF use requires, 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 Neighborhood Commercial zone on the site of a commercial building. The Policy identifies the City's commercial zones as preferred locations for WCFs. Also, the antennas will be located behind a stu.ccoed screen that will match the building and supporting equipment is enclosed by screen walls, all of which complies with the Policy's stealth design guidelines. Furthermore, the project has demonstrated compliance and is conditioned to maintain compliance with FCC RF Exposure Guidelines. 6. That the Assistant 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 Assistant 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 Assistant 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: Planning: 1. Approval is granted subject to the approved CUP 02-12 and is subject to all conditions contained in Planning Commission Resolution No. 5391 for this other approval • • ., MCUP 08-04 -ALGA CAMINO VERIZON June 30, 2008 Page 3 incorporated by reference herein, with the exception of condition 12, which is replaced by condition 10 below. 2. Approval is granted subject to the approved SUP 03-02 and is subject to all conditions contained in Planning Commission Resolution No. 5392 for this other approval incorporated by reference herein. 3. Approval is granted for MCUP 08-04 as shown on Exhibits "A"-"E" dated June 18, 2008 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 4. 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 h~rein 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. 5. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 08-04 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. 6. 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 app~oval 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. 7. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 8. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. MCUP 08-04 shall be reviewed by the Assistant 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 • • MCUP 08-04 -ALGA CAMINO VERIZON June 30, 2008 Page4 general welfare. If the Assistant 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) tt:ie 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 Assistant 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 par\ reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 10. This Minor Conditional Use Permit is granted for a period of 10 years retroactively from April 15, 2008 through April 14, 2018. 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 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Assistant 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 s-uch effects. There is no limit to the number of extensions the· Assistant Planning Director may grant. 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 from the date of this letter, and with any time extension or amendment request, the Developer/Operator shall submit to the Assistant Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CPR §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 Assistant 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. 12. 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 Assistant 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 J • • • MCUP 08-04 -ALGA CAMINO VERIZON June 30, 2008 Page 5 the Notice of Restriction. The Assistant 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. 13. Developer shall report, in writing, to the Assistant Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 14. Developer shall comply with the City's Storm Water Regulations. Developer shall implement best management practices at all-times. Best manage1T1ent 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. Code Reminder: 15. 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 Car.lsbad 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 • • MCUP 08-04 -ALGA CAMINO VERIZON June 30, 2008 Page 6 you have any questions regarding this matter, please feel free to contact Gina Ruiz at (760) 602-4675. Sincerely, ~ ~ARBERIO Assistant Planning Director GTB:GR:lt c: Alpaca Properties, LLC, 3550 Camino Del Rio North., Ste. 200, Carlsbad, CA 92108 Scott Donnell, Team Leader Chris D~Cerbo, Principal Planner David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry