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HomeMy WebLinkAboutMCUP 10-23; CA7411 NEXTEL LOKER AVE (T-MOBILE); Admin Decision LetterPlanning Division November 30, 2010 DePratti, Inc. Attn: Debra DePratti Gardner 13948 Calle Bueno Ganar Jamul, CA 91935 • FILE COPY www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT MCUP 10-23 -CA7411 LOKER SPRINT NEXTEL -Request for approval of a Minor Conditional Use Permit (Original CUP 02-21, expired on October 3, 2010) to allow the minor modification to (addition of RF Radio Frequency transparent screens that are painted and textured to match the building) and operation and maintenance of a Wireless Communication Facility (WCF) consisting of 12 fa9ade mounted antennas, 2 roof mounted GPS Antennas, 1 roof mounted base mobile radio antenna, and associated equipment cabinets located within an equipment storage room in the parking lot of an office/industrial building for Sprint Nextel. The project site is located at 2765 Loker Avenue West, in Specific Plan 200(A), the Planned Industrial (P-M) Zone and in Local Facilities Management Zone 5. Dear Debra DePratti Gardner, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-23 -CA7411 LOKER SPRINT NEXTEL for the minor modification to and operation and maintenance of a Wireless Communication Facility at 2765 Loker Avenue West. 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 November 8, 2010). 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 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 c!evelopment 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 and the Carlsbad Airport Business Center Specific Plan (SP 200(A)) in that the Planned Industrial (Pl) Land Use designation and SP 200(A) do 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 (Industrial zone) and has a stealth design. The project's location and stealth 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 1 ~ •JI', I "1 ~tt~P 10-23-CA7411 L ER SPRINT NEXTEL November 30, 201 0 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 WCF is located within a preferred location (Industrial zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64, • and all aspects. of the WCF exhibit stealth design and are completely hidden by RF screening material and rooftop parapets, that are textured, painted, and detailed to match the existing office/industrial building. The WCF use is not .precluded· by the project 'site's Planned Industrial (P-M) Zoning. Furthermore, the placement of the antennas within the RF screen boxes .or behind the roo_ftop parapet and the equiprT'!e;tV cabinets located within an existing equipment storage room within the parking lot' will not result in any additional building coverage, does not visually impact the existing site or building design as the RF screen panels (box structures) and equipment storage room are designed so that they blend in with the building architecture, and not interfere with nor are visible to other surrounding ·uses. 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 developme~t 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 antennas are located behind rooftop p_arapets and will not be visible or fa~ade mounted and concealed behind RF transparent screen material painted and detailed to match the architecture of the existing office/industrial building thereby exhibiting stealth design techniques. The equiP,ment cabinets are located within an existing equipment toom within the parking lot also exhibiting stealth design techniques. When completed, the minor modifications (addition of the RF , screens) to the antennas and associated WCF equipment will not impact the appearance of the building as the RF panel screens (boxes) and existing equipment room are designed to blend in with the existing office/industrial building architecture. 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 (Industrial zone) as listed in Location Guideline A.1.a. o.f City Council Policy Statement No. 64 and exhibits stealth design, as the antennas will be located behind rooftop parapets or fa~ade mounted behind RF transparent material (designed as architectural building elements) painted and textured to match the existing office/industrial building thereby exhibiting stealth design techniques, The equipment cabinets are located within an existing equipment room within the parking lot and also exhibit stealth design techniques. 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 tlie environment, and it_ is. therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -(Existing MCUP 10-23-CA7411 LolR SPRINT NEXTEL November 30, 2010 Pa e 3 Facilities), of the state CEQA Guidelines. Additionally, as T-Mobile West Corporation 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. 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 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 10-23 -CA7411 LOKER SPRINT NEXTEL as shown on Exhibits "A -D" dated November 30, 2010 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; reco~d 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 Minor Conditional Use Permit 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. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of the (Site Plan or other) reflecting the conditions approved by the final decision-making body. MCUP 10-23-CA7411 LIER SPRINT NEXTEL November 30, 2010 Page 4 • 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities _Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. The Developer/Operator shall and does hereby agree to indemnify, protect, d~fend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all iiabilities, losses, damages, d.emands, 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, (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 hereqy,,,. including without limitation, any and all liabilities arising from.the emission by the facility 1 of electromagnetic fields ·or other energy waves or emissions. 8. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 9. MCUP 10-23 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 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 9r more; or 6) the use is in violation of any s.tatute, 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 held 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. 10. This Conditional Use Permit is granted for a period of ten (10) years from November 30, 2010 to November 29, 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 l::>e 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 substantfally reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 11. 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 ~arlsbad has issued a Minor ' l MCUP 10-23 -CA7 411 LOI.R SPRINT NEXTEL November 30, 2010 Page 5 Conditional Use 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. 12. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fielcj's.,, 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 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 vv_ith 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. Engineering 14. 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 control 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. Code Reminder: 15. 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 MCUP 10-23-CA7411 LIER SPRINT NEXTEL November 30, 2010 Page 6 • 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 th.e 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 lofr $598.50. The filing of such appeal within such· time limit shall stay the effective date of the order of tfie 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, _Cfw 0eU CHRIS DeCERBO Principal Planner CD:GF:sm c: Realty Associates Fund, LTD, 2765 Loker Avenue West, Carlsbad, CA 92008 Sprint/Nextel, Attn: Glori James, 5761 Copley Drive, San Diego, CA 92111 David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer Chris DeCerbo File Copy Data Entry