HomeMy WebLinkAboutMCUP 06-10; Calavera Hills Community Park WCF; Conditional Use Permit (CUP)City of Carlsbad
Planning Department
March 5, 2007
Sprint Nextel
Anne Ford
5761 Copley Dr
San Diego CA 92111
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 06-10 - CALAVERA HILLS
COMMUNITY PARK - Request to allow the continued operation of an existing Wireless
Communication Facility (WCF) and to allow an additional second tier of three flush mounted
antennas, the addition of two residential air conditioning units and tenant improvements to an
existing equipment shelter for indoor radio equipment on property generally located on the south
side of Carlsbad Village Drive between Glasgow Drive and Tamarack Avenue in the P-C Zone and
Local Facilities Management Zone 7.
Dear Anne Ford,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit 06-10 for an existing unmanned Wireless Communication Facility (WCF) at the Calavera
Hills Community Park. 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 February 21, 2007). After careful consideration of the
circumstances surrounding this request, 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 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 in that the Open Space Land Use Designation and
the Calavera Hills Master Plan 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 a preferred
location.
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 minor alterations to the
existing site design are required to accommodate the installation of new panel
antennas, two new air conditioning units and the installation of a new roof on an
existing equipment shelter.
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
1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
MCUP 06-10 - CALAVEFOTlLLS COMMUNITY PARK WCF
March 5, 2007
Page 2
the WCF is existing and minor alterations will be necessary for the installation of
additional antennas connected to a light pole, the installation of two new air
conditioning units located behind an earth berm and the installation of a roof on top
of an existing equipment shelter. When these additions and alterations are completed
there will be no significant changes to the existing site design.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the existing unmanned WCF use would require,
on average, only monthly maintenance visits and occasional visits in response to
operational visits.
5. That the proposed wireless communication facility is consistent with City Council Policy No.
64, in that the continued operation of the flush mounted antennas are located on an
existing light pole in a P-C zone (Planned Community) which is a preferred location.
The installation of two new proposed air conditioning units will be screened from the
public by being located within an equipment shelter and behind an earth berm.
6. That the Planning Director has determined that the project belongs to a class of projects that
the State Secretary of 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 - construction and
installation of small new equipment facilities or structures, 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 06-10 as shown on Exhibits "A" - "O" dated February 23,
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.
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.
MCUP 06-10 - CALAVERA HILLS COMMUNITY PARK WCF
March 5, 2007
Page3
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. MCUP 06-10 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.
7. This Conditional Use Permit is granted for a period of five (5) years from March 5, 2007 to
March 4, 2012. 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 five (5) years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Director may not grant such extension, unless he/she 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
Director may grant.
8. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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 this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
MCUP 06-10 - CALAVERA HILLS COMMUNITY PARK WCF
March 5, 2007
Page 4
10. 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.
Code Reminders:
11. 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 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 Chris Sexton at (760) 602-4624.
Sincerely,
DON NEU
Planning Director
DN:CS:bd
c: David Rick
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