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HomeMy WebLinkAboutMCUP 08-24; NEXTEL CA6430F ESCONDIDO CREEK; Admin Decision Letter• • FILE COPY 7•<D•o~ City of Carlsbad I 4 Fi,,,, •• ,~■-J§ GEM ii; ,14;11 July 6, 2009 Nextel Communications 6391 Sprint Pkwy. Overland Pk., KS 66251 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 08-24 -NEXTEL ESCONDIDO CREEK -Request to allow the continued operation of a wireless communication facility located at 7730 Rancho Santa Fe Road (Rancho La Costa Village Shopping Center), in the C-L Zone and Local Facilities Management Zone 11. Dear Nextel, The Planning Director has completed a review of your application for a Minor Conditional Use Permit (MCUP 08-24) for the continued operation of a wireless communication facility consisting of 12 antennas mounted on the north, south, and west walls of a commercial building and located behind RF transparent screens that match the building and eight (8) equipment cabinets located on the roof and hidden within the existing cupola located at 7730 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 March 10, 2009) 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 Local Shopping Center (L) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. To minimize their visibility, the existing WCF antennas are mounted on the north, south, and west walls of a commercial building and located behind RF transparent screens that match the building and the radio equipment racks are concealed within an existing cupola. The WCF is consistent with the City Council Policy No. 64 Wireless Communication Facilities, in that the WCF is located in a preferred Commercial Zone location and has stealth design. The project's location and stealth design also enable the project to comply with the 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 08-24 -NEXTEL ESCONDIDO CREEK July 6, 2009 Page 2 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 Will not result in any additional building coverage to the existing site 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 existing and no modifications ar.e being proposed. The original approval of the use (CUP 03-24) was granted on March 3, 2004. 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 unmanned WCF use would require, 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 the existing WCF is located in the Loc~I Shopping Center Zone (C-L) and concealed within the walls and cupola of an existing building. The Policy identifies the City's commercial zones as preferred locations for· WCFs. Also, the panel antennas are mounted behind RF transparent material screen that has been painted and textured to match the existing building surface. The eight equipment cabinets are roof mounted and screened by the cupola and are not visible from public view. Furthermore, the applicant, as part of the application provided an updated RF study, which shows that the level of RF Emissions exposure does not exceed applicable FCC Maximum Permissible Exposure limits and, therefore, complies with the 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 ,he 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 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 08-24 as shown on Exhibits "A" -"G" dated July 6, 2009 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. MCUP 08-24 -NEXTEL ES.DIDO CREEK July 6, 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. 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of approval. 5. MCUP 0~-24 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. 6. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, 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 • • MCUP 08-24 -NEXTEL ESCONDIDO CREEK July 6, 2009 Page4 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. 7. This Conditional Use Permit is granted for a period of ten (10) years retroactively from March 3, 2009 to March 2, 2019. 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 o{ 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 Planning Director may not grant such extension, unless he/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. 8. 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: 9. 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, erosion control to prevent silt runoff during construction, 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. 10. 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 s·atisfaction··of the City Engineer. • Code Reminders: 12. Approval of this request shall not excµse 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 08-24 -NEXTEL ES&DIDO CREEK July 6, 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 $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 you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602-4624. Since ly GAR T. BARBERIO Assistant Planning Director GTB:DH:lt ,. c: Walt Ordemann, SQ., LLC, 108 Kings Ct, San Carlos, CA 94070 Michele Masterson Chris DeCerbo Glen Van Peski Linda Ontiveros File Copy Data Entry