HomeMy WebLinkAboutMCUP 07-05; Sprint Nextel SD03x0145; Conditional Use Permit (CUP) (2)RLE COPY
City of Carlsbad
Planning Department
April 29, 2008
Rachel M. Fenton
NSA Wireless, Inc.
Bishop Ranch 15 1st Floor
12647 Alcosta Blvd. Suite 110
San Ramon, CA 94583
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-05 - SPRINT NEXTEL
SD03XC145 - Request to allow the continued operation of an existing Wireless
Communications Facility (WCF), at 5858 Edison Place, in the P-M Zone and Local Facilities
Management Zone 5.
Dear Ms. Fenton,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 07-05 for the continued operation of a Wireless Communications Facility (WCF)
at 5858 Edison Place. 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 April 21, 2008). 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 in that the Planned Industrial 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 a
preferred location as identified by Council Policy 64.
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 existing
WCF will not result in any additional building coverage and no alterations will be
made at this time to the existing site 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 no modifications are being proposed
at this time; the WCF does not significantly change the building appearance. The
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
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MCUP 07-05 SPRINT NEXTEI SD03XC145
April 29, 2008
Page 2
antennas are wall mounted and there is adequate space for the equipment
enclosure.
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 antennas are in an industrial zone
(which is a preferred location), the wall mounted antennas are painted to match
the existing building facade to reduce their visibility to the greatest extent
possible, and the equipment is enclosed by an equipment enclosure painted and
textured to match the existing structure. The WCF is Ideated in a preferred
location in the P-M, Planned Industrial Zone and the existing project, as
conditioned, complies with all applicable design guidelines at this time. However,
because of advances in technology and screening methods, the WCF will need to
be redesigned prior to the next extension to provide for better screening.
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
Facilities, 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 07-05 as shown on Exhibits "A - G" of CUP 96-25 dated
July 16, 1997 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 07-05 SPRINT NEXTEL SD03XC145
April 29, 2008
Paqe3
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 07-05 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 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 07-05 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. 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.
9. 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
:mjMCUP 07-05 SPRINT NEXTEL SD03XC145
April 29, 2008
Page 4
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.
10. 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 conditional use permit.
11. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
12. An extension of this approval beyond July 15, 2012 shall not be granted unless
the owner/applicant submits a redesign of the site that provides for improved
WCF screening that utilizes the smallest, most efficient, and least visible
technology. The redesign should be consistent with and/or incorporate the
screening of the other WCF's on site. A redesign of the site shall be submitted at
least 90 days prior to the expiration date.
13. This Conditional Use Permit is granted for a period of five (5) years from July 16, 2007
to July 15, 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.
Subject to Condition #12 above, 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.
Engineering:
14. Developer shall comply wjth the City's Stormwater Regulations. Developer shall
implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
MCUP 07-05 SPRINT NEXTEL SD03XC145
April 29, 2008
Page 5
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.
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 Garcia at (760)
602-4622.
Sincerely,
\
GARY T. BARBERIO
Assistant Planning Director
GTB:CG:lt
c: Dave de Cordova
Mike Grim
David Rick, Project Engineer
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