HomeMy WebLinkAboutMCUP 15-09; AT&T SD0437 BLACK RAIL ROAD; Admin Decision LetterI
August 11, 2015
Tim Henion
1264 Basswood Avenue
Carlsbad, CA 92008
•
Ccityof
Carlsbad
SUBJECT: MCUP 15-09/CDP 15-29 -AT&T BLACK RAIL ROAD -Request for approval of a Minor
Conditional Use Permit (MCUP 15-09) and a Minor Coastal Development Permit (CDP 15-29) to allow for
the installation of a wireless communication facility (WCF) at 6510 Black Rail Road, in the One-Family
Residential (R-1) Zone and Local Facilities Management Zone 20.
Dear Mr. Henion,
The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP
15-09) and a Minor Coastal Development Permit (CDP 15-29) for a wireless communication facility
consisting of the relocation of existing antennas from a monopole to the neighboring water tanks on city
property. The new antenna locations on the water tanks will hold 16 antennas and 32 remote radios and
will be concealed with fiberglass reinforced panels flush at the top of the tanks. All equipment on the
tanks will be concealed and painted match the tanks. The equipment and building will remain in its
current location at 6510 Black Rail 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 August 10, 2015). After careful consideration of the circumstances
surrounding this request, the City Planner 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.
Findi_ngs:
MCUP 15-09
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 in
that the Residential Low-Medium (RLM) land use designation does not preclude the provision of
Wireless Communication Facility (WCF) uses if they are located at the site of public and private
utility installations such as water tank sites. The WCF plan has been found to be consistent with City
Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (water
tank site) and has a stealth design as discussed in finding number five. The project's location and
stealth 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
location (water tank) as listed in Location Guideline A.1.g of City Council Policy Statement No. 64,
Community & Economic Development
Planning Division [ 1635 Faraday Avenue Carlsbad, CA 92008-7314 [ 760-602-4660 [ 760-602-8560 f I www.c_arlsbadca.gov
.,
MCUP 15-09/CDP 15-29-f>,T&T BLACK RAIL ROAD
August 11, 2015
Page 2
and all aspects of the WCF exhibit stealth design and are concealed with fiberglass reinforced panels
flush at the top of the water tanks and will be painted to match the tanks. The WCF use is not
precluded by the project site's R-1 (One Family Residential Zone) zoning or RLM (Residential Low-
Medium) General Plan Land Use designation. Furthermore, the antennas do not visually impact the
site, do not interfere with nor are readily visible to other surrounding uses and will not result in any
additional building coverage. The project has been conditioned to comply 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 this code and required by the City Planner in order to integrate
the use with other uses in the neighborhood in that the eight foot tall panel antennas and RRU's are
located on existing water tanks and are concealed with fiberglass reinforced panels and are painted
to match the color of the water tanks, thereby exhibiting a stealth design and the equipment
cabinet is located within an existing building.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the WCF use generates very little traffic, requiring only routine monthly
maintenance visits and occasional visits in response to operational problems. In addition, the
existing street system is adequate to properly handle any traffic generated by the use.
5. That the proposed WCF is consistent with City Council Policy No. 64 in that the WCF is located in a
preferred location (public/private utility installation (water tanks) in a residential zone) as listed in
Location Guideline A.1.g. of City Council Policy Statement No. 64 and exhibits stealth design, as the
panel antennas are concealed with fiberglass reinforced panels flush at the top of the water tanks
and will be painted to match the tanks and the equipment cabinet is located within an existing
building.
CDP 15-29
6. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site,
nor are public recreation areas required of the project.
7. The proposed development will have no adverse effect on coastal resources, in that the location of
the property is not immediately adjacent to any body of water and the lot is already disturbed and
developed with water tanks and associated infrastructure.
8. 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 II Segment of the Certified Local
Coastal Program in that the proposed WCF use is not precluded in the Residential Low-Medium
Density (RLM) land use designation identified on the Local Coastal Plan 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 beauty of the coastal zone.
9. That the City Planner 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 15303 (New Construction of Small Structures) of the state CEQA
MCUP 15~09/CDP 15-29 -AT&T BLACK RAil ROAD
August 11, 2015
Page3
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
10. The City Planner 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 caus@d by the project.
Conditions:
1. Approval is granted for MCUP 15-09/CDP1SM29asshown on Exhibits "A"-nGn dated August 11, 201S
on file in the Planning Division 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/Minor Coastal
Development Permit.
-3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 15--09/COP 15-29 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/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. ,,
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 20 local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
I
7. MCUP 15-09/CDP 15-29 shall be reviewed by the City Planner 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 City Planner
determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or
MCUP 15-09/CDP 15-29 -AT&T BLACK RAIL ROAD
August 11, 2015
Page 4
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 City Planner shall hold an informal public hearing and after
providing the permittee the opportunity to be heard, the City Planner 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 August 11, 2015 through
August 10, 2025. 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 extensions the Planning
Commission may grant.
9. Prior to the issuance of a building permit, owner/applicant 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued
a Minor Conditional Use Permit/Minor Coastal Development 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 inclusi9n in the Notice of Restriction. The City Planner 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. 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
Engineering:
12. 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 15-09/CDP 15-29 -AT&T BLACK RAIL ROAD
August 11, 2015
Page 5
Code Reminders:
13 .. 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.
14. Jltremise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320. •
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 impos"ition.
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 se,vice 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 Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner 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 Austin Sliva at (760) 602-4631.
j~
{ifl..... DON NEU, AICP
City Planner
CD:AS:bd
c: Kevin.Becker, AT&T Mobility, 3 East, Room 3684, 7337TradeStreet, San Diego, CA 92121
Joe Garuba, Municipal Property Manager
Van Lynch, Principal Planner
David Rick, Project Engineer
File Copy
Data Entry
DMS