HomeMy WebLinkAboutMCUP 07-15x1; Raceway SD0428; Conditional Use Permit (CUP)MCUP 07-15x1-RACEWAY SD0438
November 9, 2012
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WCF use is not precluded by the project site's underlying P-M zoning. Furthermore, the
modification to the WCF will not result in any additional building coverage, does not visually
impact the existing site or building design, as the antennas will be painted so that they blend
in with the building color.
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 City Planner in order to
integrate the use with other uses in the neighborhood in that existing antennas are located
behind RF transparent screen walls or are painted to match the existing building, and the
equipment room is located on the ground floor within the existing building. The minor
modifications are designed to blend in with the existing building and will not impact the
appearance of the building.
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 requires, on average, one monthly
maintenance visit and occasional visits in response to operational problems.
5. That the existing 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. of City Council Policy
Statement No. 64 and exhibits stealth design, as the existing antennas are completely hidden
behind RF transparent screen walls or are painted to match the existing building color, and
the equipment room is located on the ground floor within the existing building.
6. That the City Planner 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 15301 -Existing Facilities of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
7. The City Planner 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 07-15x1 as shown on Exhibits "A"-"1" dated November 9, 2012
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
MCUP 07-15x1-RACEWAY SD0438
November 9, 2012
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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 MCUP 07-15x1 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 07-15x1 shall be reviewed by the City Planner 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 City
Plan·ner 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 9r 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 City
Planner shall hold an informal public hearing and after providing the permittee the opportunity
to be heard, the City Planner 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. This Conditional Use Permit is granted for a period of 10 years from November 9, 2012 through
November 9, 2022. 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
MCUP 07-15x1-RACEWAY SD0438
November 9, 2012
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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.
9. 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 City
Planner, 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 City Planner 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 br successor in interest.
10. 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
12. 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 City Planner 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 ofHF 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 City Planner 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.
Engineering:
13. 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 or stormwater conveyance
MCUP 07-15x1-RACEWAY SD0438
November 9, 2012
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system to the maximum extent practicable. Developer shall notify prospective owners and
tenants of the above requirements.
Code Reminders:
14. 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.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 $638.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the 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 Austin Silva at (760) 602-4631.
Sincerely,
~tL~
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: CBL, LLC 2714 Loker Avenue West ttlOO, Carlsbad, CA 92010
AT&T Mobility, 5738 Pacific Center Drive, San Diego, CA 92121
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Principal Planner
Project Engineer
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