HomeMy WebLinkAboutCDP 10-26; Verizon Agua Hedionda; Coastal Development Permit (CDP)CITY OF
Planning Division www.carisbadca.gov
September 21, 2010
PlanCom, Inc.
Attn: Kerrigan Diehl
302 State Place, 2nd Floor
Escondido, CA 92029
• • '-iff
SUBJECT: MINOR CONDITIONAL USE PERMIT AND MINOR COASTAL DEVELOPMENT
PERMIT NO. MCUP 10-09/CDP 10-26 - VERIZON INNS OF AMERICA WCF - 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) for
Verizon Wireless consisting of twelve (12) panel antennas and one microwave dish located
within the attic space behind RF transparent screen walls that are textured and painted to
match the existing building facade and a new equipment enclosure, constructed of masonry
walls with a stucco finish and a decorative wood trellis to match the hotel and screened with
landscaping. The project site is located at the Inns of America hotel, 5010 Avenida Encinas, in
the Planned Industrial (P-M) Zone, Mello II Segment of the Certified Local Coastal Program,
and in Local Facilities Management Zone 3.
Dear Kerrigan,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit and Minor Coastal Development Permit MCUP 10-09/CDP 10-26 - Verizon Inns of
America WCF for the installation, operation, and maintenance of a WCF for Verizon Wireless
and consisting of twelve (12) panel antennas and one microwave dish located within the attic
space behind RF transparent screen walls textured and painted to match the existing building
facade. In addition, a new equipment enclosure (measuring 35' by 15' by 8' tall) will be
constructed of masonry walls with a stucco finish and a decorative wood trellis painted and
textured to match the hotel and is screened with landscaping. 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 7,
2010). After careful consideration of the circumstances surrounding this request and the
applications 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
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
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MCUP 10-09 & CDP 10-26 - VERIZON INNS OF AMERICA WCF
September 21, 2010
Page 2
service systems in this part of the City; (b) the proposed use is consistent with
the General Plan in that the Planned Industrial (PI) Land Use designation does not
preclude the provision of Wireless Communication Facility (WCF) uses, and (c)
the proposed WCF is consistent with City Council Policy No. 64, Wireless
Communication Facilities, in that it is in a preferred location (Industrial Zone) and
exhibits a stealth design in that the twelve (12) panel antennas and one
microwave dish are located within the attic space behind RF transparent screen
walls that are textured and painted to match the existing building facade. In
addition, the new equipment enclosure (measuring 35' by 15' by 8' tall) will be
constructed of masonry walls with a stucco finish and a decorative wood trellis,
painted and textured to match the hotel, and is screened with landscaping. The
project's location and stealth design comply with General Plan objectives thatf
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 (Planned 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 within the existing
attic and the new equipment enclosure, all textured, painted, and screened to
match the existing building. The WCF use is not precluded by the project site's
Planned Industrial (PM) Zone and furthermore, the proposed WCF equipment
enclosure will result in only minimal additional building coverage, and the WCF
does not visually impact the existing site or building design as the RF screened
panels and equipment enclosure are designed so that they blend in with the
buildings architecture, and do not interfere with nor .are they 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 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 twelve (12) antennas and one microwave dish
are located within the attic space behind RF transparent screen walls textured
and painted to match the existing building facade complies with all the WCF
development standards of the Planned Industrial Zone and the equipment
enclosure will be constructed of masonry walls with a stucco finish and a
decorative wood trellis, painted and textured to match the hotel, and screened
with landscaping.
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 wireless communication facility is consistent with City Council Policy
No. 64, in that the WCF is located within a preferred location (Planned Industrial
Zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No.
C- rMCUP 10-09 & CDP 10-26 - VERIZON INNS OF AMERICA WCF "-
September 21, 2010
Page 3
64, exhibits stealth design, and only minor alterations to the site are proposed to
accommodate the use. The proposed equipment cabinets are located entirely
within a new equipment enclosure constructed of masonry walls with a stucco
finish and a decorative wood trellis, painted and textured to match the hotel, and
screened with landscaping to reduce its visibility from public view, the proposed
twelve (12) antennas and one microwave dish are located within the attic space
behind RF transparent screen walls textured and painted to match the existing
building facade.
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/ll
Segment of the Certified Local Coastal Program in that the proposed WCF use !is!
permitted in the PI 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
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 twelve (12) panel antennas
and one microwave dish are located within the attic space behind RF transparent
screen walls textured and painted to match the existing building fagade. In
addition, the new 35' by 15' by 8" tall equipment enclosure will be constructed of
masonry walls with a stucco finish and a decorative wood trellis, painted and
textured to match the hotel, and screened with landscaping. 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
MCUP 10-09 & CDP 10-26 - VERIZON INNS OF AMERICA WCF
September 21, 2010
Page 4
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
Verizon Wireless 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 th'e?
extent and the degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. Approval is granted for MCUP 10-09/CDP 10-26 - Verizon Inns of America WCF as
shown on Exhibits "A - K" dated September 18, 2010 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
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 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.
MCUP 10-09 & CDP 10-26 - v/ERIZON INNS OF AMERICA WCF v-
September21, 2010
Page 5
5. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
6. MCUP 10-09 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 wasr
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.
7. This Conditional Use Permit is granted for a period of ten (10) years from September
18, 2010 through September 17, 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 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.
8. 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 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 Minor Conditional Use Permit.
MCUP 10-09 & CDP 10-26 - VERIZON INNS OF AMERICA WCF
September 21, 2010
Page 6
9. If any condition for construction of any public improvements or facilities, orthe payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
residential housing 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.
10. Prior to the issuance of a Building Permit, 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 and 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 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.
11. 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.
12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Division and accompanied by the
project's building, improvement, and grading plans.
Developer shall maintain in good standing a license agreement (fully executed) with the
City for use of and access to the project site.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Landscaping:
16. Developer shall replace "Hedera Helix", a highly invasive plant species, with a
non-invasive substitute that meets the Planning Directors approval.
Engineering:
17. 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
r-MCUP 10-09 &CDP 10-26-VERIZON INNS OF AMERICA WCF —
September 21, 2010
Page 7
or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
18. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering the proposed coaxial
cables and any related appurtenances located over an existing public water easement
as shown on the site plan. Developer shall pay processing fees per the city's latest fee
schedule.
Code Reminders:
19. Approval of this request shall not excuse compliance with all applicable sections of thief1
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid,
this approval will not be consistent with the General Plan and shall become void.
21. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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 Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00.
The filing of such appeal within such time limit shall stay the effective date of the order of the
MCUP 10-09&CDP 10-26-VERIZON INNS OF AMERICA WCF
September 21, 2010
PaqeS
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 Dan Halverson at (760) 602-4631.'
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:DH:sm
Inns of America Canon, LLC, Attn: William Herrick, 755 Raintree Drive, Suite 200,
Carlsbad, CA 92011
Don Neu, Planning Director
David Rick, Project Engineer
Principal Planner
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