HomeMy WebLinkAboutMCUP 10-23; CA7411 Loker Sprint Nextel; Conditional Use Permit (CUP),,. ·~"''.., 'a-1, I' u
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Planning Division
November 30, 2010
DePratti, Inc.
Attn: Debra DePratti Gardner
13948 Calle Bueno Ganar
Jamul, CA 91935
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SUBJECT: MINOR CONDITIONAL USE PERMIT MCUP 10-23-CA7411 LOKER SPRINT
NEXTEL-Request for approval of a Minor Conditional Use Permit (Original CUP 02-21 I expired
on October 3, 201 0) to allow the minor modification to (addition of RF Radio Frequency
transparent screens that are painted and textured to match the building) and operation and
maintenance of a Wireless Communication Facility (WCF) consisting of 12 fa<;ade mounted
antennas, 2 roof mounted GPS Antennas, 1 roof mounted base mobile radio antenna, and
associated equipment cabinets located within an equipment storage room in the parking lot of
an office/industrial building for Sprint Nextel. The project site is located at 2765 Loker Avenue
West, in. Specific Plan 200(A), the Planned Industrial (P-M) Zone and in Local Facilities
Management Zone 5.
Dear Debra DePratti Gardner,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 10-23 -CA7411 LOKER SPRINT NEXTEL for the minor modification to and
operation and maintenance of a Wireless Communication Facility at 2765 Loker Avenue West.
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 8, 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 qevelopment 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 proposed use is consistent with the
General Plan and the Carlsbad Airport Business Center Specific Plan (SP 200(A))
in that the Planned Industrial (PI) Land Use designation and SP 200(A) do not
preclude the provision of Wireless Communication Facility (WCF) uses. The
proposed 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
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
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"# M'telP 10-23-CA7411 LOKER SPRINT NEXTEL
November 30, 2010
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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 WCF is
located within a preferred location (Industrial zone) as listed in Location Guideline
A.1.a. of City Council Policy Statement No. 64, ·and all aspects of the WCF exhibit
stealth design and are completely hidden by RF screening material and rooftop
parapets, that are textured, painted, and detailed to match the existing
office/industrial building. The WCF use is not precluded by the project site's
Planned Industrial (P-M) Zoning. Furthermore, the placement of the antennas
within the RF screen boxes .or behind the rooftop parapet and the equipmert,
cabinets located within an existing equipment storage room within the parking lot'
will not result in any additional building coverage, does not visually impact the
existing site or building design as the RF screen panels (box structures) and
equipment storage room are designed so that they blend in with the building
architecture, and not interfere with nor are visible to other surrounding uses. 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 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 t0 integrate the use with other uses in the neighborhood in
that the antennas are located behind rooftop parapets and will not be visible or
fac;ade mounted and concealed behind RF transparent screen material painted
and detailed to match the architecture of the existing office/industrial building
thereby exhibiting stealth design techniques. The equipment cabinets are located
within an existing equipment toom within the parking lot also exhibiting stealth
design techniques. When completed, the minor modifications (addition of the RF
screens) to the antennas and associated WCF equipment will not impact the
appearance of the building as the RF panel screens (boxes) and existing
equipment room are designed to blend in with the existing office/industrial
building architecture.
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 existing and proposed 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
antennas will be located behind rooftop parapets or fac;ade mounted behind RF
transparent material (designed as architectural building elements) painted and
textured to match the existing office/industrial building thereby exhibiting stealth
design techniques. The equipment cabinets are located within an existing
equipment room within the parking lot and also exhibit stealth design techniques.
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
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MCUP 10-23-CA7411 Lbr-~R SPRINT NEXTEL
November 30, 2010
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Facilities), of the state CEQA Guidelines. Additionally, as T-Mobile West Corporation
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.
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Conditions:
Planning
1. Approval is granted for MCUP 10-23-CA7411 LOKER SPRINT NEXTEL as shown on
Exhibits "A -D" dated November 30, 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; reco~d 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 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 Planning Director a reproducible 24" x 36," mylar copy of
the (Site Plan or other) reflecting the conditions approved by the final decision-making
body.
MCUP 10-23-CA7411 LOKER SPRINT NEXTEL
November 30, 2010
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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 hereqy,,,
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.
9. MCUP 10-23 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 -~x 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.
10. This Conditional Use Permit is granted for a period of ten (1 0) years from November 30,
2010 to November 29, 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 arid 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 (1 0) years upon written application of the permittee made no le.ss 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 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
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MCUP 10-23-CA7411 LOr-. .t:R SPRINT NEXTEL
November 30, 2010
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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
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer 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
guiqelines on limits for human exposure to radio frequency (RF) electromagnetic fielqs. ,;
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 IJI,'ith 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 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.
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
MCUP 10-23-CA7411 LuKER SPRINT NEXTEL
November 30, 2010
Page 6
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 16f,;
$598.50. The filing of such appeal within such time limit shall stay the effective date of the order'
of tne Planning Director until such time as a final decision on the appeal js reached. If you have
any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629.
Sincerely,
Cl?w tkGt.f~
CHRIS DeCERBO
Principal Planner
CD:GF:sm
c: Realty Associates Fund, L TO, 2765 Loker Avenue West, Ca~lsbad, CA 92008
Sprint/Nextel, Attn: Glori James, 5761 Copley Drive, San Diego, CA 92111
David Rick, Project Engineer
Glen Van Peski, Senior Civil Engineer
Chris DeCerbo
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