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HomeMy WebLinkAboutMCUP 09-16; AT&T NS0022-01 FOUR SEASONS; Admin Decision Letter~~CARLSBAD • • FILE COPY 6F Planning Department www.carlsbadca.gov June 17, 2010 PlanCom, Inc. Krystal Patterson 302 State Place Escondido, CA 92029 SUBJECT: MINOR CONDITIONAL USE PERMIT AND MINOR COASTAL DEVELOPMENT PERMIT NO. MCUP · 09-16/CDP 10-07 -NS002201 FOUR SEASONS AT&T -Request for approval of a-Minor Conditional Use ·Permit and Minor Coastal Development" Pernitt:Toallow the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for AT&T consisting of (6) panel antennas located behind RF transparent panels, designed as faux chimney structures, and a new storage room for the associated equipment, all textured, painted, and detailed to match the existing time share building. The project site is located at 7045-B Osprey Terrace, in the Planned Community (P-C) Zone, Mello I Segment of the Certified Local Coastal Program and in Local Facilities Management Zone 19. Dear Krystal Patterson, The Planning Director has completed a review of your application for a Minor Conditional Use Permit and Minor Coastal Development Permit MCUP 09-16/CDP 10-07 -NS002201 FOUR SEASONS-AT& rtor -tt,e· installation~-operat1on, and mairite·narice ·of ·a 7Nirefess-G6mmunicat1on Facility at 7045 Osprey Terrace. 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 7, 2010). After careful consideration of the circumstance-s--s□rroun-ding this ·re-q □est, and a review of the applicatiun'·s consistency with City Council Policy No. 64, the Planning Director has determined that the findings required for granting a Minor Conditional Use Permit and Minor Coastal Development 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 service systems in this part of the City; (b) the proposed use is consistent with the General Plan, the Aviara Master Plan (MP 177), and Mello I Segment of the Certified Local Coastal Program in that the Travel/Recreation Commercial (T-R) Land Use designation and Master Plan does not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Commercial zone) and has a stealth 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® ~CUP 09-16/CDP 10-07--02201 FOUR SEASONS AT&T June 17, 2010 • Page2 2. 3. design. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 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 proposed WCF is loc.ated within a preferred location (Commercial zone) as listed In Location Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden by proposed· faux chimney structures and new equipment storage room, all textured, painted, and detailed to match the existing time share building. The WCF use is not precluded by the project site's Planned Community (P-C) zoning or Aviara Master Plan (MP 177). Furthermore, the placement of the antenn~s within the faux chimney structures and the associated WCF equipment within a new storage room will only result In minor additional building coverage, does not visually impact the existing site or building design as the RF screen panels (chimney structures) and equipment storage room are designed so that they blend in with the building architecture, and not interfere with nor are they visible to other surrounding uses. The project has been conditioned to comply with FCC RF Exposure Guidelines. 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 proposed antennas are located within faux chimney structures on the rooftop of an existing residential time share building (Four Seasons Resident Club) behind _ _ _____ __ _ _ _ propq~~cl ijF tran~p~i:ent__mJter:i@.I_ ~"-cl the_Qquipmeot '-torag~_ r_oom are .all textured, painted, and detailed to match the existing time share building exhibiting stealth design techniques. When completed, the installation of the new antennas and associated WCF equipment will not impact the appearance of the building as the RF ____ panel screens(chlmneyJtructures) and equipment storage _room are designed to blend in with the existing residential time share building architecture. 4. 5. 6. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed WCF requires, on average, only monthly maintenance visits and occasional visits In response to operational __ probJems. That the existing and proposed WCF is consistent with City Council Policy No. 64 in that It is located in a preferred location (Commerci,1 zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the new antennas are located behind RF screen panels (designed as faux chimney.structures) and equipment storage room is designed and textured to match the existing residential time share building. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project Is consistent with the Mello I Segment of the Certified Local Coastal Program In that the proposed WCF use is permitted In the T-R Land Use designation identified on the LCP Land Use Plan; no agricultural activities, sensitive· resources, geological instability, flood hazard or vertical coastal access opportunities e~ist onslte and the proposed WCF will not obstruct views of t' " MCUP 09-16/CDP 10-07--02201 FOUR SEASONS AT&T June 17, 2010 Page 3 • the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is located outside of the coastal shoreline development overlay zone. Therefore, compliance with the public access and recreation policies of Chapter 3 of the Coastal Act is not required. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed antennas will be concealed behind RF transparent material designed as faux chimney structures and the equipment storage room are painted and textured to match the existing residential time share building architecture. The project will adhere to the City's Master Drainage Plan, Chapter 15.16 -Grading and Erosion Control, Chapter 15.12 -Storm Water ·· --Management-and-Bischarge-Gontrol,Standard-Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no evidence of landslide or slope instability is identified on the site, nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction, the site is void of steep slopes and no native vegetation is located on the subject property. 9. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990, and therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 10. The project is not located between the sea and the first public road parallel to the sea and, -therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201 of the Zoning Ordinance), 11. 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 sig□ifica□L impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 -(New Construction of Small Structures), of the state CEQA Guidelines. Additionally, as Clearwire 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. 12. 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: Planning: 1. Approval is granted for MCUP 09-16/CDP 10-07 -NS002201 FOUR SEASONS AT&T as shown on Exhibits "A-I" dated June 17, 2010 on file in the Planning Department and MCUP 09-16/CDP 10-07--02201 FOUR SEASONS AT&T June 17, 2010 • Page4 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 d~mages 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 and Minor Coastal Development 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 an~ all li~bilities, 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 and Minor Coastal Development 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 building permit issuance. • 5. MCUP 09-16 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 propeft1es or tne--i:>□blic ·nealth, safety a"i'1d 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. This Conditional Use Permit is granted for a period of ten (10) years from June 17, 2010 to June 16, 2020. 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 ,.. • MCUP 09-16/CDP 10-07 -•02201 FOUR SEASONS AT&T June 17, 2010 • Page 5 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. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 and Minor Coastal Development 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:-ter:minates-said notice upon-a-sbowing of good cause by the Developer or successor in interest. 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, any change in the telecommunications provider, or any transfer in ownership of the site. 9. 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 .e.xp.os_ur..e _g_uideline.s_p_er 4:7-C£R§_1_J_3_07(b)(1); or (2) a projec.t.i.rm~ternen1ation repo_rt_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 aJ)r:,roval 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. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Engineering: 11. 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. Developer shall notify prospective owners and tenants of the above requirements. MCUP 09-16/CDP 10-07 -•02201 FOUR SEASONS AT&T June 17, 2010 Page6 Code Reminder: • 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 • a·6U20(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 tt,is 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 $598.50. 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 Greg-Fisher-at (-760) 602-4629·. - Sincerely, ~·~cJ;;···· CHRIS DeCERBO P_rincipal Planner CD:GF:bd c: AT&T, 6925 Lusk so·uIevard, San Diego, CA 92121 Aviara Residence Club Owner's Association, 7210 Blue Heron Place, Carlsbad, CA 92011 Chris DeCerbo, Principal Planner David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy· • Data Entry