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HomeMy WebLinkAboutMCUP 08-05; CINGULAR WIRELESS - NS0060-01 LA COSTA RESORT; Admin Decision Letter• r iLE COPY f,F City of Carlsbad IRFUihhl·■•J4•EIIU,t4h4 July 21, 2008 Cingular Wireless 6925 Lusk Boulevard San Diego, CA 92121 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-05 -CINGULAR WIRELESS Request for approval of a Minor Conditional Use Permit to allow for the installation, operation, and maintenance of an unmanned Wireless Communication Facility (WCF) consisting of ten antennas and six outdoor equipment cabinets mounted behind Radio Frequency (RF) screen walls and located on the rooftop on an existing two story commercial building. The project site is generally located at 2100 Costa Del Mar Road within the La Costa Resort & Spa property, in the Planned Community (PC) Zone and in Local Facilities Manageme·nt Zone 6. Dear Krystal Patterson, The Planning Director has completed a review of your application fqr a Minor Conditional Use Permit MCUP 08-05 -CINGULAR WIRELESS for an unmanned Wireless Communication Facility at 2100 Costa Del Mar Road. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were not received within the ten day notice period (ending on July 9, 2008) and 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 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, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: (a) 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 in this part of the City; (b) the proposed use is consistent with the General Plan in that the Travel/Recreational Commercial (T-R) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the WCF is not detrimental to existing permitted commercial uses in the vicinity because the WCF is located within a preferred location as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 (commercial building), and all aspects of the WCF exhibits stealth design and will be completely hidden by proposed improvements. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ \ "d ('~~u~ 08-05 -CINGuJt WIRELESS July 21, 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 property is developed with and restricted to the development oJ resort commercial uses through Master Plan 03-02. Furthermore, tt,e proposed WCF does not result in any additional building coverage, only minor alterations to the existing building design are required to accommodate the proposed roof mounted equipment cabinets and antennas that will be mounted behind RF transparent stuccoed screen walls, and the use does not interfere with and is not readily visible to other surrounding uses. 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 antennas and equipment cabinets are located on the rooftop of an existing building behind a proposed RF transparent screen wall, textured and painted to match the existing building thereby exhibiting a stealth design.· When completed, the WCF will not significantly change the appearance of the La Costa Resort and Spa building and only minor modifications will be necessary to install the WCF. The proposed WCF complies with the P-C Zone and La Costa .Resort & Spa Master, Plan (MP 03-02) development standards. 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 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 jn a ·preferred location ("commercially designated in MP 03-02") as listed in Location Guildeline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the supporting equipment and antennas will be located behind a RF transparent stuccoed screen wall textured and painted to match the existing building. Furthermore, the project has been conditioned to demonstrated 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 en'ifironment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 -( construction and installation of small new equipment facilities or structures), of the state CEQA Guidelines. Additionally, as Cingular Wireless 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 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 Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby fi,nds, 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. ~ MCUP 08-05 -CINGULA.IRELESS July 21, 2008 Page3 Conditions: • Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. Planning: 1. Approval is granted for MCUP 08-05 -CINGULAR WIRELESS as shown on Exhibits "A" -"G" dated July 21, 2008 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 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 08-05 documents, as necessary to make them inJernally 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 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. -MCUP 08-05 sha.11 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 Assistant Planning Director determines that: 1) the minor conditional use MCUP 08-05 -CINGU~ WIRELESS July 21, 2008 -Page4 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 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 part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. • 8. This Conditional Use Permit is granted for a period of ten (10) years from July 21, 2008 to July 20, 2018. This permit. may be revoked at any time after a public hearing, if it is found that the use has a substantial detr:imental 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 reasonabl~ period of time not to exceed ten (1.0) years upon written application of the permittee made no less than 90 days prior to the expiration date. The 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 num!:)er of extensions the Planning Commission 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 Assistant 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 meas1,Jrements of RF emissions of ~II 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. 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 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 the Notice of Restriction. The Assistant Planning Director has the authority to execute MCUP 08-05 -CINGULA.IRELESS July 21, 2008 Page 5 and reGord 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 report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 12. 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. Engineering: 13. Developer shall comply with the City's Storm Water Regulations. 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. Code Reminder: 14. 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 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 08-05 -CINGULA. WIRELESS July 21, 2008 Page 6 · you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629. ~~rb/L--z;; BARBERIO Assistant Planning Director GF:sm c: KSL La Costa Resort Corporation, 50905 Avenida Bermudas, La Quinta, CA 92253 Chris DeCerbo, Principal Planner David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry