HomeMy WebLinkAboutMCUP 06-05; T-Mobile USA Westbluff Plaza; Conditional Use Permit (CUP)City of Carlsbad
Planning Department
June 18, 2007
T-Mobile USA, Inc.
Suite 333
10180 Telesis Court
San Diego, CA92121
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 06-05- Request to allow the
continued operation and further stealth of an existing Wireless Communications Facility (WCF),
at 6986 El Camino Real, in the (C-1-Q) Neighborhood Commercial Zone and Local Facilities
Management Zone 6.
To Whom It May Concern:
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 06-05 for an unmanned wireless communications facility at 6986 El Camino Real.
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 June 23, 2006). After careful consideration of the circumstances surrounding
this request, the Planning Director 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.
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 the use is consistent with the General Plan as the Local Shopping Center (L)
Land Use designation does not preclude the provision of WCF uses, nor is it
detrimental to permitted uses in the vicinity in that the WCF is located in an
existing commercial building, a preferred location, as identified in City Council
Policy No. 64, Wireless Communications Facilities.
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 minor
alterations to the existing WCF will not result in increased building coverage and
will result in a more stealth design.
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 WCF is existing and only minor modifications are being
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
MCUP 06-05 - T-MOBILE USA, WC. - WESTBLUFF PLAZA
June 18, 2007
Page 2
proposed and the continuation of the use will not significantly change the
building appearance.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the unmanned WCF use would require,
on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the continued operation of the WCF is located in a preferred location
in the Neighborhood Commercial Zone (C-1-Q) and the existing project complies
with all applicable design guidelines, in that the facility is a stealth design. The
wall mounted antennas on the east elevation are being retrofitted with transparent
skirts and low profile mounting hardware, the antennas on the south elevation
will be concealed by a new screen and roofline extension, and the equipment is
enclosed by an existing equipment enclosure painted and textured to match the
existing structure.
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 the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - existing facility,
of the state CEQA Guidelines. 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:
1. Approval is granted for MCUP 06-05 as shown on Exhibits "A"-"F" dated June 18,
2007 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; 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.
MCUP 06-05 - T-MOTILE USA, INC. - WESTBLUFF PLA2
June 18, 2007
Page3
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 06-05 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, (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 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 06-05 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 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.
8. Prior to the issuance of a permit, the Developer shall provide proof to the Director from
Carlsbad School District that this project has satisfied its obligation to provide school
facilities.
9. 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
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
MCUP 06-05 - T-MOBILE USA, ^. - WESTBLUFF PLAZA
June 18, 2007
Page 4
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, 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 Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Minor Conditional Use 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 18 months from the date of project approval.
12. This Minor Conditional Use Permit is granted for a period of 5 years from July 19, 2006
through July 18, 2011. 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 5 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.
13. All proposed building materials for the new screen and roofline extension on the south
elevation shall be architecturally compatible with the existing facade.
Engineering:
14. Developer shall comply with the City's Stormwater Regulations. Developer shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, 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.
Code Reminders:
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.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
MCUP 06-05 - T-MOTILE USA, INC. - WESTBLUFF
June 18, 2007
Pages
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
$440.00. 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 Erin Endres at (760)
602-4625.
Sincerely,
DON NEU
Planning Director
DN:EE:bd
c: Team Leader
Project Engineer
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