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HomeMy WebLinkAboutMCUP 10-11; CA-SDG5489A 1958 Kellogg; Conditional Use Permit (CUP)*' /f" /J$ ™,<^ CITY OF ("* A DI !L.AKL Planning Department www.carlsbadca.gov September?, 2010 M&M Telecom, Inc. Attn: Michael Morganson 7578 Gibraltar Street, Suite 3 Carlsbad, CA 92009 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-11 - CA-SDG5489A 1958 KELLOGG - Request for Approval of a Minor Conditional Use Permit (MCUP 10-11) to allow the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for Clear Wireless consisting of (3)~A/ViMax panel antennas, (2) DAP head units and (3) directional antennas fully screened within an existing Sprint/Nextel RF transparent screen box enclosure located on the rooftop of an existing industrial building and (1) equipment cabinet enclosed by a six ft. tall CMU wall painted to match the existing building on property generally located at 1958 Kellogg Avenue, north of Camino Vida Roble in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5 (A.P.N: 212-092-01-00). Dear Mr. Morganson, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-11 for a Wireless Communication Facility (WCF) for Clear Wireless consisting of (3) WiMax panel antennas, (2) DAP head units and (3) directional antennas fully screened within an existing Sprint/Nextel RF transparent screen box enclosure located on the rooftop of an existing.industrial building and (1) equipment cabinet enclosed by a six ft. tall CMU wall painted to match the existing building at 1958 Kellogg Avenue, Carlsbad. 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 September 2, 2010). After careful consideration of the circumstances surrounding this request and the application's consistency with City Council Policy No. 64, 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 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 service systems in this part of the City; (b) the existing use is consistent with the General Plan in that the PI (Planned Industrial) General Plan Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Planned Industrial zone) and has a 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® MCUP 10-11 - CA-SDG5489A 1958 KELLOGG September?, 2010 Page 2 stealth design. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. The applicant has submitted information concerning coverage objectives and alternative sites considered. The project site complies with applicable requirements while still meeting coverage objectives. 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 WCF is located within a preferred location (Industrial zone) as listed in Location Guidelines A.1.a of City Council Policy No. 64 and all aspects of the WCF exhibits stealth design and is completely screened from public view. The WCF use is not precluded by the project site's Planned Industrial (P-M) zoning. Furthermore, the placement of the antennas on the rooftop enclosed by an existing Sprint/Nextel RF screen box, will not result in additional building coverage, does not visually impact the existing site or building design since it has been designed to blend in with the building architecture, and the WCF does not interfere with nor is it visible to other surrounding uses. The proposed equipment enclosed by a 6 foot high CMU wall painted to match the existing building will increase the building coverage by 63 square feet (9'x7'). The total building square footage with the equipment area = 32,027 sq. ft. The additionally 63 sq. ft. of building coverage will not exceed the maximum 50% building coverage (32,027 sq. ft./2.444 acres = 30%) of the P-M zone pursuant to Section 21.34.070(2)(H). Additionally, the project has been conditioned to comply with the Federal Communications Commission (FCC) Radio Frequency (RF) Exposure Guidelines within six months after the issuance of occupancy. 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 antennas do not exceed the height of the existing RF screen box enclosure at 39'-2." The equipment cabinet enclosed by a 6 foot CMU wall also meets all development standards of the P-M zone in that it is not located within any of the required front, rear, or side yard setbacks. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed WCF requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that it meets all required guidelines including the following: a. The project meets all applicable location guidelines in that the project site is located within a "preferred" location (Industrial Zone). b. The project meets all applicable design guidelines in that the WCF exhibits "stealth" design by fully screening the proposed antennas within an existing RF transparent screen box enclosure and the proposed equipment cabinet is MCUP 10-11 -CA-SDG5489A-1958 KELLOGG September?, 2010 Page3 enclosed by a 6 ft. tall CMU painted to match the existing building. The proposed facility meets all development standards of the P-M zone. c. The project meets all performance guidelines in that all proposed equipment has been conditioned to operate consistent with the City noise standards. The WCF has been conditioned for maintenance compliance and for compliance with the Federal Communications Commission (FCC) Radio Frequency (RF) exposure guidelines. 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(e) - (Additions to Existing Facilities), of the state CEQA Guidelines. Additionally, as Clear 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. 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. Planning: 1. Approval is granted for MCUP 10-11 - CA SDG5489A 1958 KELLOGG as shown on Exhibits "A-F" dated September 3, 2010 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. 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, MCUP 10-11 - CA-SDG5489A 1958 KELLOGG September?, 2010 Page 4 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5. -, MCUP 10-11 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. 6. This Conditional Use Permit is granted for a period of ten (10) years from September 3, 2010 to September 2, 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. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 property. 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 MCUP 10-11 - CA-SDG5489A 1958 KELLOGG September?, 2010 . PageS an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 8. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 9. 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. 10. All equipment, such as emergency generators and air conditioners, should be designed and operated consistent with the City noise standards. 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. All facilities and related equipment should be maintained in good condition and free from trash, debris, graffiti, and any form of vandalism. Damaged equipment should be replaced promptly. 13. At the time of installation of the antennas, the applicant shall post RF signs near the antennas consistent with the recommendations of the Site Safe RF compliance report for Clearwire CA-SDG5489A, dated July 20, 2010. Engineering: 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Code Reminder: 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. MCUP 10-11 - CA-SDG5489A 1958 KELLOGG September?, 2010 Paqe6 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 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 Shelley Glennon at (760) 602-4625. Sincerely, CHRIS DeCERBO Principal Planner CD:SG:sm c: Kirby Family Trust, 1958 Kellogg Avenue, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Data Entry