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HomeMy WebLinkAboutMCUP 08-23; NEXTEL CA5152 AGUA HEDIONDA; Admin Decision Letter(~'» C I T Y O F ~ CARLSBAD Planning Division March 14, 2011 Nextel Communications Attn: Heidi Thorne 5761 Copley Drive San Diego, CA 92111 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-23 NEXTEL CA5152 AGUA HEDIONDA -Request for approval of a Minor Conditional Use Permit (MCUP 08-23; replaces CUP 98-17, which expired on March 17, 2009) to allow for the continued operation and maintenance of an existing Wireless Communication Facility (WCF) that consists of twelve (12) panel antennas and two global positioning satellite antennas mounted behind an RF friendly screen box painted to match the existing building and located on top of the roof of an existing industrial building and associated WCF equipment located within a prefabricated equipment building on property located at 2470 Impala Drive, Carlsbad, California, in the M-Q Zone and Local Facilities Management Zone 5. Dear Ms. Thorne, The Planning Director has completed a review of your application submitted by Nextel Communications, herein referred to as "applicant/operator" for a Minor Conditional Use Permit No. MCUP 08-23 for the continued operation and maintenance of an existing Wireless Communication Facility located at 2470 Impala Drive. 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 March 13, 2011). 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 (a) the use is necessary and desirable because of the demand for digital communications and data transmissions and the benefits such facilities provide to businesses, individuals, public agencies and emergency services; (b) the proposed use is consistent with the General Plan in that the Planned Industrial (PM) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF has a stealth design and is located within a preferred location (Industrial Zone), pursuant to Location Guideline A.1 (a) of City Council Policy No. 64. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance . • :"}J~',,11l·'---------------------------------------- ' 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 MCUP 08-23 -NEXTEL CA5152 AGUA HEDIONDA March 14, 2011 Pa e2 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 located within a preferred location (Industrial Zone) and all aspects of the WCF exhibit stealth design as all the existing antennas are completely hidden behind a rooftop RF screen box located on an industrial building rooftop which is painted to match the existing building and the existing associated equipment is concealed within a prefabricated equipment enclosure that is also painted to match the existing building and therefore, the existing WCF will not visually impact the existing site or building design or be 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 all of the existing antennas are located on the roof top mounted behind a rooftop RF screen box that is painted to match the existing building and the associated equipment is located within an existing prefabricated equipment enclosure also painted to match the existing building thereby exhibiting stealth design techniques and will meet all of the development standards of the M-Q zone. As all of the antennas and associated WCF equipment are existing and no additional antennas or equipment are proposed; the site will remain adequate in size and shape to accommodate the use. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing WCF 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 "Wireless Communication Facilities" in that it meets all required guidelines including the following: a. The project meets all applicable location guidelines in that the project site is located on a preferred non-residential location (Industrial Zone) (Location Guideline A.1 (a)). b. The project meets all applicable design guidelines in that the WCF exhibits stealth design, by screening the antennas' behind a rooftop RF screen box that is painted to match the existing building and the associated equipment is located within an existing prefabricated equipment enclosure also painted to match the existing building in order to be consistent with the building's architectural design. c. The project meets all performance guidelines in that part of the project application, the applicant provided an updated RF analysis, which shows that the existing level of RF Emissions exposure does not exceed the applicable FCC Maximum Permissible Exposure limits and, therefore, complies with the FCC RF Exposure Guidelines. MCUP 08-23-NEXTEL CA5152 AGUA HEDIONDA March 14, 2011 Pae 3 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 ii is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 "Existing Facilities," of the state CEQA Guidelines. Additionally, as Nextel Communications must comply with FCC regulations, radio frequency emissions from the existing 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 CEQA Guidelines do not apply to this project. 7. The Planning Director has reviewed each of the exactions imposed on the applicant/operator contained in this letter, 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 08-23 as shown on Exhibits A-F dated March 17, 1999 on file in the Planning Division 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 08-23 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 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 08-23 -NEXTEL CA5152 AGUA HEDIONDA March 14, 2011 Pa e4 5. The Developer shall comply with all applicable provisions of federal, slate, and local ordinances in effect al 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 lo that Plan prior to the issuance of building permits. 7. MCUP 08-23 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, safely or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permitlee the opportunity lo 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 retroactively for a period of ten (10) years from March 17, 2009 through March 16, 2019. This permit may be revoked at any time after a public hearing, if ii 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 lo 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 number of extensions the Planning Commission may grant. 9. Prior lo the issuance of a permit, the Developer shall provide proof to the Planning Director from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 11. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property lo be developed. Said notice is lo be filed in the office of the County MCUP 08-23 -NEXTEL CA5152 AGUA HEDIONDA March 14, 2011 Pa e 5 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 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 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 Developer 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. 13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. 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 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. 14. Developer/Operator shall post RF advisory sign(s) in accordance with Sprint Nextel RF policy to inform workers to maintain a minimum distance of 3 feet from the antennae. In addition, contact information should be made available in the event work is required within the restricted distance pursuant to the RF Electromagnetic Fields Exposure Report for CA 5152 Agua Hedionda, prepared by Dtech Communication LLC, dated February 2, 2007. Engineering: 15. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management 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 devises to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 16. 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 08-23 -NEXTEL CA5152 AGUA HEDIONDA March 14, 2011 Pae 6 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 lo 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 Division 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 dale 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 Glennon at (760) 602-4625. Sincerely, ~fv,0 ~Gvt, CHRIS DeCERBO. Principal Planner CD:SG:sm c: Blayne Hartman, 2470 Impala Drive, Carlsbad, CA 92010 Don Neu, Planning Director Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry