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HomeMy WebLinkAboutMCUP 10-27; Verizon Wireless at Armada; Conditional Use Permit (CUP)CITY OFCARLSBAD Planning Division www.carlsbadca.gov March 16, 2011 FMHC Attn: Carla Gresham 8535 Paradise Road, Suite 12 Spring Valley, CA91977 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-27 - VERIZON WIRELESS AT ARMADA - Request for approval of a Minor Conditional Use Permit (MCUP 10- 27; replaces original CUP 00-33X1 which expired on December 5, 2010) to allow the minor modification to add three (3) fagade mounted antennas (including one (1) GPS antenna), located behind existing RF screen walls textured and painted to match the existing building, and the continued operation and maintenance of an existing Wireless Communication Facility (WCF) consisting of six (6) facade mounted antennas on two (2) arrays, all of which are located behind existing RF screen walls that are textured and painted to match the existing building, and associated equipment located in the parking garage level within an existing hotel. The project site is located at 5805 Armada Drive, within the Grand Pacific Palisades Resort, in Specific Plan 207(1), the Tourist Commercial (C-T-Q) Zone, and in Local Facilities Management Zone 13. Dear Carla Gresham, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-27 - VERIZON WIRELESS AT ARMADA for the minor modification to and the continued operation and maintenance of a Wireless Communication Facility at 5805 Armada 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 February 28, 2011). 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) there is a 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 and proposed use is consistent with the General Plan and the Carlsbad Ranch Specific Plan (SP 207(1)) in that the Travel/Recreation Commercial (TR) Land Use designation and SP 207(1) do not preclude the provision of Wireless Communication Facility (WCF) uses. The existing and proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 10-27 - VERIZON WIRELESS AT ARMADA March 16, 2011 Page 2 that it is in a preferred non-residential location 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 and proposed WCF is located within a preferred non-residential location (Commercial zone) as listed in Location Guideline A.1.b. of City Council Policy No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden behind existing fagade mounted RF screen walls that are textured and painted to match the existing building, as well as the associated equipment which is located in the parking garage level. The WCF use is not precluded by the project site's Tourist Commercial (C-T-Q) Zone, nor by Specific Plan 207(1). Furthermore, the placement of the antennas behind the existing RF screen walls and the associated equipment located in the parking garage level are designed so that they blend in with the building architecture and do not visually impact the existing site or building design and do not interfere with nor are visible to other surrounding uses, and will not result in any additional building coverage. 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 to integrate the use with other uses in the neighborhood in that the existing fagade mounted antennas are located behind existing RF screen walls that are textured and painted to match the existing building and the associated equipment is located in the parking garage level thereby exhibiting stealth design techniques. When completed, the minor modifications (addition of the two (2) fagade mounted antennas and one (1) GPS antenna) and associated WCF equipment will not impact the appearance of the building as the existing and proposed RF screen wall is designed to blend in with the existing building. 4. That the street system serving the existing 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 location (Commercial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the fagade mounted antennas are completely hidden behind existing RF screen walls that are textured and painted to match the existing building. The associated equipment is located in the parking garage level, and also exhibits 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 Verizon must comply with MCUP iO-27 - VERIZON WIRELESS AT ARMADA March 16, 2011 Page 3 FCC regulations, radio frequency emissions from the existing and 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. Conditions: 1. Approval is granted for MCUP 10-27 - VERIZON WIRELESS AT ARMADA as shown on Exhibits "A" - "E" dated March 16, 2011 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. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6. 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, MCUP 10-27 - VERIZON WIRELESS AT ARMADA March 16, 2011 Page 4 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. 7. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 8. MCUP 10-27 - VERIZON WIRELESS AT ARMADA 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. 9. This Minor Conditional Use Permit is granted retroactively for a period of ten (10) years from December 5, 2010 through December 4, 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. 10. Within six weeks of the date of this approval letter, the 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. MCUP 10-27 - VERIZON WIRELESS AT ARMADA March 16, 2011 Page 5 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. 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. 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 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. 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 MCUP 10-27 - VERIZON WIRELESS AT ARMADA March 16, 2011 Paqe6 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 Gina Ruiz at (760) 602-4675. Sincerely, CHRIS DeCERBO Principal Planner CD:GR:sm Grand Pacific Palisades, LLC, 5900 Pasteur Court, Suite 200, Carlsbad CA 92008 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 File Copy