Loading...
HomeMy WebLinkAboutMCUP 08-12; T-MOBILE SD06436A OLYMPIC RESORT; Admin Decision Letter• • Flf~.O'fy City of Carlsbad I:; ti Iii•• 1141 •14 ~El I ii ,1411 ■ January 28, 2009 Krystal Patterson T-Mobile Ste 333 10180 Telesis Ct. San Diego, CA 92021 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-12-T-MOBILE OLYMPIC RESORT Request for approval of a Minor Conditional Use Permit (MCUP) to allow the continued operation of a wireless communication facility located at 6111 El Camino Real, in the C-T-Q Zone and Local Facilities Management Zone 5. Dear Krystal Patterson, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 08-12-T-Mobile Olympic Resort for the continued operation of a wireless communication· facility located at 6111 El Camino Real. 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 within the ten day notice period ( ending on September 16, 2008). After careful consideration of the circumstances surrounding this request, 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, 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 Travel/Recreation Commercial (T-R) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF is located on the roof behind an existing parapet wall which is not publicly accessible nor visible from surrounding properties. The WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred 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. 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 the will not result in any additional building coverage, does not alter the 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • existing site design, and does not interfere with nor is it 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 WCF is an existing use mounted on a roof top and no modifications are being proposed. The original approval of the conditional use (CUP 01-23) was granted on April 17, 2002. 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 one monthly maintenance visit 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 Olympic Resort Hotel building. The Policy identifies the City's Commercial zones as preferred locations for WCFs. Also, the antennas are located behind an existing parapet wall that is screened from public view and the equipment is located in an enclosed cabinet on the north side of the building which complies with the Policy's stealth design guidelines. 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. Additionally, as T-Mobile 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 Planning Director has found that the exceptions listed in Section 15300.2 of the state C~QA 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 08-12-T-Mobile Olympic Resort as shown on Exhibits "A-D" 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. • • MCUP 08-12 -T-MOBILE .OLYMPIC RESORT January 28, 2009 Page 3 - 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 08-12 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 shaH 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 08-12 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. • • MCUP 08-12 -T-MOBILE OLYMPIC RESORT . j~~·Gary 28, 2009 • Page4 8. This Conditional Use Permit is granted retroactively for a period of ten (10) years from April 16, 2007 to April 15, 2017. 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 Plcrnning 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 del'.)ied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 9. Developer/Operator shall comply with the Federal Communication Commission's guidelines Qn 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 measurements of RF emissions of all antennas installed at the subject site. The r~port 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 report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 11. In the event that this WCF is removed because the Olympic Resort Hotel building is demolished, prior to the expiration date of April 15, 2017, this Minor Conditional Use Permit, MCUP 08-12, shall become null and void and the submittal of a new MCUP will be required to locate a WCF at the subject site. Code Reminders: 1. 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. ' . MCUP 08-12-T-MOBILE .OLYMPIC RESORT January 28, 2009 Page 5 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 $613.00 plus noticing fees. 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 Gina Ruiz at (760) 602-4675. ~·~ GARY T. BARBERIO Assistant Planning Director GTB:GR:lt c: County of San Diego, DPW Airports, 1960, Joe Crosson Dr., El Cajon CA 92020 Christer Westman, Jeam Leader Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry