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HomeMy WebLinkAboutMCUP 08-10; HILTON GARDEN INN WIRELESS; Admin Decision Letterr June 30, 2008 Daneen Wilder Sprint PCS • • City of Carlsbad 14Fihh•li·■•J4~E•IU,i4h ■ 23456 South Point Dr., Suite A Laguna Hills, CA 92653 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-10 -HILTON GARDEN INN WIRELESS -Request to allow the extension and continued operation of a wireless communication facility at 6450 Carlsbad Boulevard, in the Tourist Commercial Zone and Local Facilities Management Zone 22. Dear Daneen Wilder, The Assistant Planning Director has completed a review of your application for. a Minor Conditional Use Permit MCUP 08-10 for the extension and continued operation of a wireless communication facility at 6450 Carlsbad Boulevard. 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 May 31, 2008) and a request for an Administrative Hearing was filed. On June 16, 2008, the Assistant. Planning Director held an Administrative Hearing to consider said request. Public testimony was given. After careful copsideration of the public·testimony given-at the Administrative Hearing, a review of the. facts set forth in the application and a review of the application's consistency with City Council Policy No. 64 and Carlsbad Municipal Code Title 21, 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 Travel/Recreation Commercial. {T-R) Land Use designation does not preclude the provision of Wireless Communication Facility {WCF) uses. The WCF antennas and supporting equipment are located on the roof behind an existing parapet wall or within the hotel building and are neither publicly accessible nor visible from surrounding properties. The WCi= is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred commercially zoned location and is of 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 08-10 -HILTON GARDEN INN WIRELESS June 30, 2008 Page2 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone ir, which the proposed use is to be located in that the existing WCF is not precluded by the projects' Tourist Commercial (C-T) zoning, which implements the T-R General Plan Land Use designation. Furthermore, the existing use does not result in any additional building coverage, does not alter the existing site design, and does not interfere with nor is it visible to other 3. surrounding uses. • That the site for the proposed conditional use is adeqµate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities; buffer areas, landscaping and other development f~atures 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 an existing use with antennas mounted on a roof top and supporting equipment within ·the building and no modifications are being proposed. The original approval of the conditional use. {CUP 03-04) was granted on July 16, 2003. 4. . That the street system serving the propo~ed 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 commercial zone on the site of a hotel owned by Wave Crest Resorts, LLC. The Policy identifies the City's commercial zones_ as preferred locations f~r WCFs. Also, the antennas are located behind an existing parapet wall that is screened · from public view and supporting equipment is located within the _building, all of which complies-with the Policy's stealth design guidelines. Furthermore, the p·roject has demonstrated compliance and has been 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 im'pact 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, tt:te 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 .exact"ions are imposed to mitigate impacts-caused by or reasonably related to the project, and· the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. • ,.. • • MCUP 08-10-HILTON GARDEN INN WIRELESS June 30, 2008 Page 3 Conditions: 1. Approval is granted for MCUP 08-10 as shown on Exhibits A-G dated June 23, 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. All conditions of approval imposed upon Conditional Use Permit CUP 03-04 as stated in Planning Commission Resolution No. 5440 shall apply as conditions of approval for MCUP 08-10 and are incorporated by this reference, except Condition No. 11 is replaced by Condition No. 8 below. 3. 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 ma_intained 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. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 08-1 O documents, as necessary to make them internally consistent and in conformity with the final action on the project. Developll}ent shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. • 5. 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 appro·val 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. 6. The Developer shall comply with all applicable provisions of federal, state,· and local ordinances in effect at the time of building permit issuance. 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 22 Local Facilities Management Plan and any amendments· made·to that Plan prior to the issuance of building permits. • -8. MCUP 08-10 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 general welfare. If the Assistant Planning Director determines that: 1) the minor • • . MCUP 08-10 -HILTON GARDEN INN WIRELESS June 30, 2008 Page4 9. 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; qr 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 Assistant 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 conditi_ons. This Minor Conditional Use Permit is granted for a period of 10 years from June 26, 2008 through June 25, 2018. This permit may be revoked at any time after an informal 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 me~. This permit m?Y.· be extended for a reasonable period of time not to exceed 1 O 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 extensiqn shall be denied or granted with conditions which will eliminate or subst~ntially reduce such effects. ·There is no limit to the number of extensions the Assistant Planning Director may grant. Developer/Operator shall comply with the Federal Communication Commissioh's guidelines on limits for human exposure to radio frequency (RF) electromagneti'c 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 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. 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 b~ 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 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 a~ well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Assistant Planning Director has the authority to execute • • MCUP 08-10 -HiLTON GARDEN INN WIRELESS June 30, 2008 Page 5 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. 12. 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: 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. Code Reminders: 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), gnd 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 sub~equent 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 $440.00. 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 08-10 -HILTON GARDEN INN WIRELESS June 30, 2008 Page 6 you have any questions regarding this matter, please feel free to contact Deborah Milam at ('760) 602-461 ~- Since; ftJL: ~-BARBERIO •• Assistant. Planning Director GTB:DM:lt c: Wave Crest Resorts, LLC., 6450 Carlsbad Blvd., Carlsbad, CA 92009 Scott Donnell, Team Leader Chris De Cerbo, Principal Planner David Rick, Project Engineer Glen Van Peski, Senior Engineer File Copy . .. · Data Entry