HomeMy WebLinkAboutMCUP 08-14; T-MOBILE SD06438 LA COSTA PLAZA; Admin Decision Letter• • FUCOPJ C i t y of C a r I s b a d '0
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October 28, 2008
Krystal Patterson
PlanCom
302 State Place
Escondido, CA 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-14 -T-MOBILE
MONOPINE (EXISTING) -Request to allow the extension and
continued operation of a wireless communication facility located at
7750 Rancho Santa Fe Road in the P-C Zone (zoned C-2 in the La
Costa Master Plan) and Local Facilities Management 11.
Dear Ms. Patterson:
The Planning Director has completed a review of your application for a Minor
Conditional Use Permit MCUP 08-14 for the continued operation of an existing wireless
communication-facility located at 7750 Rancho Santa Fe 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 October 15, 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 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 Local Shopping Center (L) General Plan Land Use Designation does not
preclude the provision of Wireless Communication Facility (WCF) uses.
The existing WCF is mounted on an existing commercial building and is
completely concealed within an RF friendly wall that matches the building.
The equipment is enclosed within a screen wall, located between a
masonry wall and the back of the commercial building and consists of four
equipment cabinets mounted on a concrete slab. The WCF is consistent
with City Council Policy No. 64, Wireless Communication Facilities, in that
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
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it is in a preferred location and is of a stealth design. The project's location
and stealth design also enables the project to comply with General Plan
Land Use objectives that seek to maintain and enhance Carlsbad's
appearance.
. .
2. That the requestec;I 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 project's General Commercial (C-2)
zoning. Furthermore, the existing use does not result i_n 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 stealth cell site
and no modifications are being proposed. The original approval of the
Conditional Use Permit (CUP 03-11) was granted on September 17, 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 requires,
on average, only monthly maintenance visits and • occasional· visits in
response to operational problems.
5. That the propo~ed WCF is consistent with City Council Policy No. 64 in that it is
located in a General Commercial zone concealed within a commercial
building. The Policy identifies the City's commercial zones as preferred
locations for WCFs. Also, the panel antennas are fully recessed behind RF
friendly material that has been textured the same as the exterior walls of
the commercial building. The supporting equipment is enclosed within a
screen wall, which is located between a masonry wall and the back of the
commercial building, away from public view. 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. 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.
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
MCUP 08-14 -T-MOBIL,LA COSTA PLAZA
October 28, 2008
Page 3
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 all findings and conditions contained within
Planning Commission Resolution No. 5458 for Conditional.. Use Permit (CUP
03-11) incorporated herein by reference, with the exception of Condition # 11,
which is replaced by Condition #9 below.
2. Approval is granted for MCUP 08-14 as shown on Exhibits "A-"H" dated
September 17, 2003 for CUP 03-11 on file in the Planning Department and
incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
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 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.
4. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 08-14 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.
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
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.
MCUP 08-14--T-Mos! LA COSTA PLAZA
October 28, 2008
Page4
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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 11 Local Facilities Management Plan and any
amendments made to that Plan prior to th.e issuance of building permits.
8. . MCUP 08-14 shall be reviewed by the Planning Director on a yearly basis to
determine if all conditions of this permit have been met and tha_t 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
conditio_nal 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
terminat~ the minor conditional use permit in whole or in part, reaffirm the minor
conditional use permit, modify the conditions or impose new conditions.
9. This Minor Conditional Use Permit is granted retroactively for a period of 10
years from September 17, 2008 through September 16, 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 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.
10. 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
MCUP 08-14 -T-MOBIL~ COSTA PLAZA
October 28, 2008
Page 5
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 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.
11. 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 Pla11ning 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.
12. Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
Engineering:
13. Developer shall complete and submit to the City Engineer a Project Threat
Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent
with the PTAF, Developer shall also submit the appropriate Tier level Storm
Water Compliance form and Tier level Storm Water Pollution Prevention Plan
(SWPPP) as determined by the completed PTAF all to the satisfaction of the City
Engineer.
14. Developer shall comply with the City's Stormwater Regulations and implement
best management (BMP) practices at all times. Best management practices
include but are 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.
MCUP 08-14 -T-Mosl LA cosTA PLAZA
October28;, 2008
Page 6 • • •
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
f(;}es/exaction·s. .If you protest them, you must follow the protest procedure set forth in
Government Code Section 66020(a), and file the protest and a_ny 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
whicry 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. 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 Shelley Esteybar at (760) 602-4625. •
·Sincerely,
cf1_1 nJ A_:_
GARY T. BARBERIO
Assistant Planning Director
GTB:SE:lt
c: SO, LLC a California LLC 5330 Carroll Canyon Road #200 San Diego, CA 92009
T-Mobile, 10180 Telesis Court, #333, San Diego, CA 92121
-Chris DeCerbo, Team Leader •
Steve Bobbett, Project Engineer
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