HomeMy WebLinkAboutMCUP 08-13; T-MOBILE SD06914 MONOPINE EXISTING; Admin Decision LetterFILE COPY
City of Carlsbad
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August29,2008
Krystal Patterson
PlanCom
• 302 State Place
Escondido, CA 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-13 -T-MOBILE
MONOPINE (EXISTING)
Request to allow the extension and continued operation of a wireless communication facility
located at 1966 Olivenhain Road in the O Zone and Local Facilities Management Zone 11.
Dear Ms Patterson:
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 08-13 for the continued operation of a wireless communication facility located at
1966 Olivenhain Road. 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 August 23, 2008) and a request for an
Administrative Hearing was not filed. After careful consideration of the circumstances
surrounding this request, and a review of the project'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,
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 Governmental Facilities
(G) General Plan Land Use Designation does not preclude the provision of
Wireless Communication Facility (WCF) uses. The WCF is located on an existing
45-foot high mono-pine near the center of the Olivenhain Municipal Water District
(OMWD) facility and is not publicly accessible 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 is not precluded by the projects' Office (0) zoning, which implements the G
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
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.i • : MCUP ~~~13-T-MOB,MONOPINE (EXISTING)
August29,2008
Page 2
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 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 mono-pine and no modifications ~re
being proposed. The original approval of the conditional Uf!e (CUP 03-03) was
granted on June 4, 2003.
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
in a non-residential zone within the OMWD facility. The Policy identifies the City's
Office zones as preferred locations for WCFs. Also, the panel antennas are fully
integrated into a stealth mono-pine structure which is located near the center of
the OMWD facility. The mono-pine is located such that it blends in with the
existing trees which effectively minimize the public views of the WCF. The
supporting equipment is located within the equipment yard of the OMWD facility
and is screened by existing fencing and landscape, all of 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. A CUP was approved for Nextel (CUP 03.-25, PC Resolution. No 5593) allowing .a
co-location of the Nextel antennas on the T-Mobile Mono-pine. MCUP 08 -13 does
not include an extension for the approval of the Nextel antennas. A separate
application for a Minor CUP to allow the continued operation of the Nextel WCF
will be required.
7. 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.
8. 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.
-MCUP 08-13 -T-MOBILE MONOPINE (EXISTING)
August 29, 2008
Page 3
Conditions:
Planning:
1. Approval is granted for MCUP 08-13 as shown on Exhibits "A-"H" dated May 21, 2003
for CUP 03-03 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 Develop_er to make, all
corrections and modifications to the MCUP 08-13 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
approvaj.
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 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 08-13 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 surrountling 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
MCUP 08-13 -T-MOBI, MONOPINE (EXISTING)
August29,2008
Page4
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 10 years from June 4, 2008
through June 4, 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 per.mittee 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
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
con.sistency 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 guideliRes, the City may revoke or
modify this conditional use permit.
10. Developer shall submit to the City a Notice of Restriction 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
Minor Conditional Use Permit on the real property owned by the owner/applicant.
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 owner/applicant
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.
0 MCUP 08-13 -T-MOBILE MONOPINE (EXISTING) 0
August29,2008
Page 5
Code Reminder:
12. 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 specifiep 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 Barbara Kennedy at
(760) 602-4626.
~7J;.IL-,?~~-BARBERIO
Assistant Planning Director
GTB:BK:sm
c: George Briest, Olivenhain Municipal Water District, 1966 Olivenhain Road,
Encinitas, CA 92009 '
T-Mobile, 10180 Telesis Court, #333, San Diego, CA 92121
Chris DeCerbo, Team Leader
Steve Bobbett, Project Engineer
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