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HomeMy WebLinkAboutMCUP 11-01; SD06088 Las Flores; Conditional Use Permit (CUP)CITY OF CARLSBAD Planning Division www.carlsbadca.gov March 14, 2011 DePratti, Inc. Attn: Debra D. Gardner 13948 Calle Bueno Ganar Jamul, CA 91935 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 11-01 - SD06088 LAS FLORES - Request for approval of a Minor Conditional Use Permit (MCUP 11-01; replaces CUP 95-14x1 which expired on January 18, 2006) to allow for the continued operation and maintenance of an existing Wireless Communication Facility that consists of six (6) panel antennas located on the facade of an existing processional care facility building with proposed side and bottom antenna skirts painted to match the existing panel antennas and building, and two (2) equipment cabinets located adjacent to the building and screened by proposed landscaping on property located at 1088 Laguna Drive, Carlsbad, California, in the R-3 Zone and Local Facilities Management Zone 1. Dear Ms. Gardner, The Planning Director has completed a review of your application submitted by T-Mobile, Inc., herein referred to as "applicant/operator" for a Minor Conditional Use Permit No. MCUP 11-01 for the continued operation and maintenance of an existing Wireless Communication Facility located at 1088 Laguna 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 March 13, 2011). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four 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 because of the demand for digital communications and data transmissions and the benefits such facilities provide to businesses, individuals, public agencies and emergency services; (b) the proposed use is consistent with the General Plan in that the Residential Medium- High Density (RMH) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF has a stealth design and is located on a preferred non-residential use (professional care facility building), pursuant to Location Guideline A.1 of City Council Policy No. 64. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 @ MCUP 11-01 - SD06088 LAS FLORES March 14, 2011 Page 2 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 WCF is located within a preferred location (professional care facility building) and all aspects of the WCF exhibit stealth design as the six panel antennas which are located on the building include side and bottom mounted antenna skirts painted to blend in with the building's architectural design and the two existing equipment cabinets will be screened with proposed landscaping and therefore, will also not visually impact the existing site or building design or be visible to other surrounding uses. 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 all of the existing antennas with proposed bottom and side mounted antenna skirts painted to match the building and existing equipment cabinets with proposed landscape screening exhibits stealth design techniques and will meet all of the development standards of the R-3 zone. As all of the antennas and associated WCF equipment are existing and no additional antennas or equipment are proposed, the site will remain adequate in size and shape to accommodate the use. 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 proposed WCF is consistent with City Council Policy No. 64 "Wireless Communication Facilities" 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 on a preferred non-residential use (professional care facility building) (Location Guideline A.1). b. The project meets all applicable design guidelines in that the WCF exhibits stealth design, by screening the antennas' within the proposed bottom and side mounted antenna skirts, which are painted to match the existing antennas and building and designed as decorative architectural protrusions to be consistent with the building's architectural design. Additionally, the existing equipment cabinets located adjacent to the commercial building will also be screened with proposed landscaping. c. The project meets all performance guidelines in that part of the project application, the applicant provided an updated RF analysis, which shows that the existing level of RF Emissions exposure does not exceed the applicable FCC Maximum Permissible Exposure limits and, therefore, complies with the FCC 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 MCUP 11-01 - SD06088 LAS FLORES March 14, 2011 Page 3 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 T-Mobile must comply with FCC regulations, radio frequency emissions from the existing 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 applicant/operator contained in this letter, 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 11-01 as shown on Exhibits A- F dated March 14, 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 MCUP 11-01 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. MCUP 11-01 - SD06088 LAS FLORES March 14, 2011 Page 4 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 11-01 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. 8. This Minor Conditional Use Permit is granted retroactively for a period of ten (10) years from January 18, 2006 through January 17, 2016. 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. 9. Prior to the issuance of a permit, the Developer shall provide proof to the Planning Director from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 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. Prior to the issuance of a building permit, the 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 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 MCUP 11-01 - SD06088 LAS FLORES March 14, 2011 Page 5 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. 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. 13. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 14. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. 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: 15. 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, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devises 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: 16. 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. 17. 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." MCUP 11-01 - SD06088 LAS FLORES March 14, 2011 Page 6 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 T-Mobile West Corporation, 10509 Vista Sorrento Parkway, Suite 206, San Diego, CA 92121 VSCRE Holdings, LLC, 9510 Ormsby Station Road, Suite 101, Louisville, KY 40223 Don Neu, Planning Director Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry