HomeMy WebLinkAboutMCUP 10-20; AT&T SD0344 College & ECR; Conditional Use Permit (CUP)CITY OF
Planning Division www.carisbad.ca.gov
November 24, 2010
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Attn: Courtney Hall
9089 Clairemont Mesa Boulevard, Suite 200
San Diego, CA 92123
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SUE3JECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-20 - AT&T SP0344
COLLEGE & ECR -r- Request for approval of a Minor Conditional Use Permit (MCUP 10-20;
replaces original CUP 00-19X1) to allow the continued operation and maintenance of an
existing Wireless Communication Facility (WCF) consisting of 12 screened, roof mounted panel
antennas and a 200 square foot equipment room within an existing building located within an
existing office/industrial building at 5823 Newton Drive, in the Planned Industrial Zone and Local
Facilities Management Zone 5.
Dear Courtney Hall,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 10-20 - AT&T - AT&T SD0344 COLLEGE & ECR at 5823 Newton Drive. 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 November 9, 2010). After careful consideration of the circumstances
surrounding this request and a review of 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 and
Carlsbad Research Center Specific 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 Planned
Industrial (PI) Land Use designation does not preclude the provision of Wireless
Communication Facility (WCF) uses, The existing WCF is consistent with City
Council Policy No. 64, Wireless Communication Facilities, in that it is in a
preferred non-residential location (Industrial zone) and has a stealth design. The
project's location and stealth design comply with General Plan objectives that
seek to maintain and enhance Carlsbad's appearance.
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
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 10-20 - AT&T o00344 COLLEGE & ECR
November 24, 2010
Page 2
WCF is located within a preferred non-residential location (Industrial zones) as
listed in Location Guideline A.1.a of City Council Policy No. 64, and all aspects of
the WCF exhibit stealth design and are completely screened by RF transparent
screening material located on the rooftop of the building. The WCF use is not
precluded by the project site's Planned Industrial (P-M) Zoning. Furthermore, the
placement of the antennas behind the RF transparent screening and the
equipment cabinets located within the existing square footage of the building will
not result in any additional building coverage, does not visually impact the
existing site or building design. The project has been conditioned to comply with
FCC RF Exposure Guidelines.
3. That the site for the proposed conditional use is adequate in size and shape W
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 all of the existing antennas are located behind RF screening
materials on the roof top of the building and the equipment cabinet is located
within an existing equipment room within the building. As all of the antennas and
associated WCF equipment are existing and no additional antennas or equipment
are proposed, the appearance of the building will not change.
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 WCF requires, on average,
only monthly maintenance visits 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 non-residential location (Industrial zone) as listed in Location
Guideline A.1.a. of City Council Policy Statement No. 64 and exhibits stealth
design, as the roof mounted antennas are located behind RF screening material
located on the building's rooftop. The equipment cabinets are located within an
existing 200 square foot equipment room within the building and also exhibit a
stealth design.
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. Additionally, as AT&T 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 degree of the exaction is in rough proportionality to the impact caused by the
project.
MCUP 10-20 - AT&T SD0344^ JLLEGE & ECR
November 24, 2010
Page 3
Conditions:
1. Approval is granted for MCUP 10-20 - AT&T SD0344 COLLEGE & ECR as shown on
Exhibits "A" - "D" dated November 18, 2010 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 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.
4. 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.
5. Developer shall submit to the City Planner a reproducible 24"x36," mylar copy of the
(Site Plan) reflecting the conditions approved by the final decision-making body.
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. 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.
8. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
MCUP 10-20 -AT&T 600344 COLLEGE & ECR
November 24, 2010
Page 4
9. MCUP 10-20 - AT&T SD0344 COLLEGE & ECR 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 Q) 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/tof
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.
10. This Conditional Use Permit is granted for a period of ten (10) years from November
22, 2010 through November 21, 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.
11. Developer 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.
12. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
13. 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
MCUP 10-20 -AT&T SD0344'oULLEGE & ECR v-
November24, 2010
Page 5
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.
Engineering:
14. 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 control 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 system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
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 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
MCUP 10-20 - AT&T s>D0344 COLLEGE & ECR
November 24, 2010
Paqe6
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.
CHRIS DeCERBO
Principal Planner
CD:CS:sm
Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Christer Westman, Senior Planner
Mike Peterson, Development Services Manager
Glen Van Peski, Senior Civil Engineer
David Rick, Project Engineer
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