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HomeMy WebLinkAboutMCUP 09-07; T-MOBILE SD02436A BRESSI RANCH; Admin Decision LetterMay 18, 2009 Becky Siskowski 17 4 7 Victoria Way • City of San Marcos, CA 92069 • Carls FILE COPY S•JC,07 bad IAEUlhi,i·l•J4•t•iii,14HI SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-07 -SD02436A T- MOBILE BRESSI RANCH Request for approval of a Minor Conditional Use Permit (MCUP) to allow the installation, operation, and maintenance, of a Wireless Communication Facility (WCF) consisting of eight (8) antennas located on the roof behind a new radio frequency panel (which replaces an existing parapet wall) and three (3) equipment cabinets housed irside of a storage unit within an existing self storage facility located at 2500 Campbel( Place, in the P-C Zone (underlying P-M Zone per Master Plan 178) and Local Facilities Management Zone 17. Dear Becky Siskowski, The Planning Director has completed a review of your application for a Minor Conditional Use Permit, MCUP 09-07 -SD02436A T-Mobile Bressi Ranch, for the construction of a wireless communication facility located at 2500 Campbell Place. 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 May 12, 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 the use provides digital communications and data transmission abilities for businesses, individuals, public agencies and emergency service systems in this part of the City, and the Planned Industrial (Pl) Land Use designation and Bressi Ranch Master Plan (MP 178) do not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF will be located behind a new radio frequency panel that will be of the same color, design, and height of the existing parapet wall and the equipment cabinets will be housed within an existing storage unit which is neither publicly accessible nor visible 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. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • • MCUP 09-07-SD02436A T-MOBILE BRESSI RANCH May 18, 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 property is developed with a self storage facility and is otherwise restricted to the development of Planned Industrial uses by MP 178 and the P-M Zone. The proposed WCF will not result in any additional building coverage, only minor alterations to the existing building design are required to accommodate the proposed rooftop mounted equipment antennas, and the use 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 roof mounted antennas are located on an existing building behind a radio frequency panel wall and the equipment cabinets are housed inside an existing storage unit thus exhibiting a stealth design. The WCF will not change the appearance of the self storage facility and only minor modifications will be necessary to install the WCF. The proposed WCF complies with the development standards of the underlying P-M Zone per Bressi Ranch M~ster Plan (MP 178). 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 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 it is located in a Planned Industrial Zone on the existing Bressi Ranch Self Storage Facility. The Policy identifies the City's Industrial Zones as preferred locations for WCF's. Also, the antennas will be located behind a new radio frequency panel that will be of the same color, design, and height of the existing parapet wall and the equipment cabinets will be housed inside of an existing storage unit, all of which . are screened from public view which complies with the Policy's stealth guidelines. Furthermore, the project has been conditioned to comply with the requirement to maintain compliance with FCC RF Exposure Guidelines. 6. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is a use that will not be impacted by airport operations since it is an unmanned facility and the height of the WCF's equipment wilf not extend above the existing parapet wall of the self storage facility. 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(e) -Additions to existing structures, of the state CEQA Guidelines. Additionally, as T-Mobile 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 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. MCUP 09-07-SD0243.T-MOBILE BRESSI RANCH May 18, 2009 Page 3 • 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. Conditions: 1. Approval is granted for MCUP 09-07 -SD02436A T-Mobile Bressi Ranch as shown on Exhibits "A-F" dated April 27, 2009 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 issuan.ce 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 th,eir 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 09-07 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 (MCUP 09-07), (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 eriergy 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 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 09-07 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 • • MCUP 09-07 -SD02436A T-MOBILE BRESSI RANCH May 18, 2009 Page4 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. • 8. This Conditional Use Permit is granted for a period of ten (10) years from May 18, 2009 to May 17, 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 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 suctJ,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. 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. 10. 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 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 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. MCUP 09-07 -SD0243.T-MOBILE BRESSI RANCH May 18, 2009 Page 5 • 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. 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 plus noticing fees. 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 Gina Ruiz at (760) 602-4675. • ' Sin:; 1/)J/L__ ~ T. BARBERIO Assistant Planning Director GTB:GR:lt c: VPI Bressi Storage, LLC., 8910 University Center Ln., Ste 630, San Diego, CA 92122 Christer Westman, Team Leader Chris DeCerbo, Principal Planner Mike Peterson, Development Services Manager Frank Jimeno, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry