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HomeMy WebLinkAboutMCUP 09-17; SPRINT CA-SDG5870A NORTH BATIQUITOS; Admin Decision Letter'· • City •· FILE COPY Ji9, Cf,oq December 8, 2009 M&M Telecom, Inc Doug Munson PO Box 55 Poway, CA 92074 of Carlsbad IA run a i ;JJ ■-14 ~t I I I; ,14 hi SUBJECT: MINOR CONDITIONAL USE PERMIT AND MINOR COASTAL DEVELOPMENT PERMIT NO. MCUP 09-17/ CDP 09-25 -NORTH BATIQUITOS -Request for approval of a Minor. Conditional Use Permit and Minor Coastal Development Permit to allow the installation, operation: and maintenance of a Wireless Communication Facility (WCF) consisting of (3) Wimax panel antennas, (3) OAP head units, (3) directional units, and (1) GPS antenna located behind an existing rooftop parapet wall, and (1) equipment cabinet located within an existing equipment room for Clearwire. The project site is located at 760 Macadamia Drive within the La Quinta Inn Hotel, in the General Commercial (C-2) Zone, Mello I Segment of the Certified Local Coastal Program and in Local Facilities Management Zone 22. Dear Doug Munson, The Planning Director has completed a review of your application for a Minor Conditional Use Permit and Minor Coastal Development Permit MCUP 09-17/CDP 09-25 -NORTH BATIQUITOS for the installation, operation, and maintenance of a Wireless Communication Facility at 760 Macadamia 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 October 12, 2009). After careful consideration of the circumstances surrounding this request and a review of the application'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 maste_r 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 and Mello I Segment of the Certified Local Coastal Program in that the Travel/Recreation Commercial (T-R) Land Use designation 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 non:residential location and has a stealth design. 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 @ ◄ MCUP 09-17/ C~P 09-25 ..loRTH BATIQUITOS December 8, 2009 Page 2 design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 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 proposed WCF is located within a preferred non-residential 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 existing improvements. The WCF use is not precluded by the project site's General Commercial (C-2) zoning. Furthermore, the placement of ·the antennas and associated WCF equipment will 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. The project has been conditioned to maintain compliance with FCC RF Exposure Guidelines. 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 tliis 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 on the rooftop of an existing commercial building behind parapet walls and the equipment cabinet is located within an existing equipment room thereby exhibiting stealth design techniques. When completed, the installation of the new antennas and associated WCF equipment will not change the· appearance of the building as only minor modifications will be necessary. 4. 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 problems. 5. That the existing and proposed WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location ("commercial 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 rooftop parapet walls using RF transparent material painted and textured to match the existing commercial building. The proposed equipment cabinet is located behind the commercial building within an existing equipment room thereby exhibiting stealth design techniques. 6. 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 existing and 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 exist onsite and the proposed WCF will not obstruct views of 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 MCUP 09-17/ CDP 09-25 .loRTH BATIQUITOS December 8, 2009 Page 3 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 within the parapet wall using RF transparent material painted and textured to match the existing building and the proposed equipment cabinet is located within an existing equipment room. 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 Discharge Control, 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 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 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 09-17/CDP 09-25 -NORTH BATIQUITOS as shown on Exhibit "A" dated D'"ecember 8, 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 MCUP 09-17/ CDP 09-25 -'ORTH BATIQUITOS December 8, 2009 Page 4 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 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 and all liabilities, losses, damages, demands, claims-- and costs, including court costs c!nd 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 emiss_ions. 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 09-17 shall be reviewed by the Planning l:;)irector on a yearly basis to determine if all- conditions of th.is 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 PlannJng 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 December 8, 2009 to December 7, 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 Comll)ission 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. MCUP 09-17/ CDP 09-25 ,0RTH BATIQUITOS December 8, 2009 Page 5 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 terminates said notice upon a showing 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. 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 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 guidelin~s. 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 rriay 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 Storm water 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 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. 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. MCUP 09-17/ CDP 09-25 .toRTH BArlQUITOS December 8, 2009 Page 6 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 $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, 2:;;[jRfl Assistant Planning Director GTB:GF:lt c: Pinnacle Carlsbad, LLC, 8369 Vickers Street, Suite 101, San Diego, CA 92111 Clearwire/Sprint, 5761 Copley Drive, San Diego, CA 92111 Chris DeCerbo, Principal Planner David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry