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HomeMy WebLinkAboutMCUP 09-03; SPRINT SD40XC316 PILGRIM CHURCH PCS FACILITY; Admin Decision LetterApril 30, 2009 Denise Scott Sprint Nextel KSOPHT0101 6391 Sprint Parkway • City Overland Park, KS 66251-2650 of FILE COPY • Carlsbad I::; E •;•;••if·■ •J4 • t •Ii; I 14; i I SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-03 -PILGRIM CHURCH PCS FACILITY -Request for approval of a Minor Conditional Use Permit (MCUP 09-03 replaces CUP 03-26) to allow the extension and continued operation and maintenance of an unmanned Wireless Communication Facility (WCF) consisting of three wireless panel antennas within and behind a radio frequency transparent cross and three ground mounted equipment cabinets located within a 120 square foot building enclosure located at the northeast cor_ner of Chestnut Avenue and Monroe Street at 2020 Chestnut Avenue in Local Fadlities Management Zone 1. Dear Denise Scott, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 09-03 -PILGRIM CHURCH PCS FACILITY for the continued operation and maintenance of an unmanned Wireless Communication Facility at 2020 Chestnut Avenue. 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 23, 2009). 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 for the development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency services systems in this part of the City; (b) the existing use is consistent with the General Plan in that the Residential Low Medium (RLM) General Plan designation does not preclude the provision of Wireless Communication Facility (WCF) uses, and (c) the existing WCF is located within a preferred location as listed in Location Guidelines A.1.h. of City Council Policy Statement 64 (place of worship in a residential zone) and all aspects of the WCF exhibits stealth design_ and is completely hidden by existing improvements. The project's location and stealth 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • • \ \'t '" • MCUP 09-03 -PILGRIM CHURCH PCS FACILITY April 30, 2009 Page 2 design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 2. That the requ~sted 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 WCF is located within a preferred location (pla¢e of worship in a residential zone} as listed in Location Guidelines A.1.h of City Council Policy No. 64 and all aspects of the WCF exhibits stealth design. Furthermore, the existing WCF use is not precluded by the project's site's Ore Family Residential (R-1) zoning. Furthermore, the existing WCF use does not result in any additional building coverage, does not alter the existing site or building 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 designed cell site and no modifications are being proposed. The· original approval of the Conditional Use Permit (CUP 03-26) was granted on May 5, 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 unmanned WCF use is existing· and 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 preferred location (place of worsMp in a residential zone} as listed in Location Guidelines A.1.h. of City Council Policy Statement No. 64 and exhibits stealth design, as the panel antennas are hidden inside a radio frequency transparent cross. The supporting equipment is located in a 120 square foot building enclosure adjacent to the sa,nctuary and administration building. Furthermore, the project submitted a RF study and demonstrated 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 facilities}, of the state CEQA Guidelines. Additionally, as Sprint PCS 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 Assistant 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 MCUP 09-03 -PILGRIIHURCH PCS FACILITY April 30, 2009 Page 3 • 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 09-03 -PILGRIM CHURCH PCS FACILITY as shown on Exhibits "A" -"E" dated May 5, 2004 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 Developer to make, all corrections and modifications to the MCUP 09-03 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 ~nd 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 ali 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. All conditions of approval imposed upon Conditional Use Permit CUP 03-26 as stated in Planning Commission Resolution No. 5620 shall apply as conditions of approval for MCUP 09-03 and are incorporated by this reference, except Conditions No. 3, 4, 8, 9, 10, 13, and 14 which have been satisfied, and Conditions No. 11 and 12 which are superseded by Conditions No. 8 and 9. 7. MCUP 09-03 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 ---------------------------------------------------• • MCUP 09-03 -PILGRIM CHURCH PCS FACILITY , April 30, 2009 Page4 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 qr 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 termin·ate 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 Conditional Use Permit is granted for a period of ten (10) years from April 27, 2008 through April 26, 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 ten (10) years upon written application of the permittee made no less than 90 days prior. to 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 e~ensions the Planning Commission may grant. 9. 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 • a'mendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 10. Developer shall report, in writing, to the Plan'ning Director within 30 days, any address change from that which is shown on th19 permit application. Engineering: 11. Developer shall comply with the City's Storm water Re·gulations, 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 storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. J MCUP 09-03 -PILGRll,HURCH PCS FACILITY April 30, 2009 Page 5 Code Reminders: • 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 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. 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. t:.t;·tt~· GARY T. BARBERIO Assistant Planning Director GTB:CS:lt c: Michele Masterson Christer Westman Chris DeCerbo Mike Peterson David Rick Glen Van Peski File Copy Data Entry