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HomeMy WebLinkAboutMCUP 11-01A; SD06088A Las Flores; Conditional Use Permit (CUP)Ai~..A,. C I T Y 0 F VcARLSBAD Planning Division www.carlsbadca.gov February 26, 2013 Rocki Lam c/o Mitchell J Architecture 4883 Ronson Court, Suite N San Diego, CA 92111 SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 11-01(A) - SD06088A LAS FLORES Request for approval of a Minor Conditional Use Permit Amendment (MCUP 11-05(A) to replace 6 existing panel antennas with antennas which are more stealth in design for an existing Wireless Communications Facility (WCF) at 1096 Laguna Drive, in the R-3 Zone and Local Facilities Management Zone 1. Dear Rocki Lam, The City Planner has completed a review of your application for a Minor Conditional Use Permit Amendment MCUP 11-01 (A) to replace 6 existing panel antennas with antennas which are more stealth in design for an existing Wireless Communications Facility (WCF) at 1096 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 December 22, 2012). After careful consideration of the circumstances surrounding this request, the City Planner 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 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 Residential Medium-High Density (RMH) 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 located on a preferred non-residential use (professional care facility building) and will improve on its existing stealth design by placing 4 of the 6 antennas within the existing parapet wall and by installing a screen box over the remaining 2 antennas that will be painted and textured to match the building. 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 WCF is located 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 11-01(A)-SD06088 LAS FLORES February 26, 2013 Pa e 2 within a preferred location (professional care facility building) as listed in Location Guideline A.1. of City Council Policy Statement No. 64, and all aspects of the WCF will exhibit stealth design by placing 4 of the 6 antennas within the existing parapet wall and by installing a screen box over the remaining 2 antennas constructed of radio frequency (RF) transparent screen material that will be textured and painted to match the existing building, as well as the equipment cabinets located at the rear of the building and painted to match the adjacent building. The WCF use is not precluded by the project site's underlying R-3 Zoning. Furthermore, the location of the existing antennas behind the RF transparent screen and the existing equipment cabinets located at the rear of the existing building 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 City Planner in order to integrate the use with other uses in the neighborhood in that all of the existing antennas will be relocated behind RF transparent screen walls that are textured and painted to match the existing building and the existing equipment cabinets are located at the rear of the building and painted to match the adjacent building thereby exhibiting stealth design techniques. As the antennas and associated equipment are existing, 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 existing WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (professional care facility building) as listed in Location Guideline A.1. of City Council Policy Statement No. 64 and exhibits stealth design by placing 4 of the 6 antennas within the existing parapet wall and by installing a screen box over the remaining 2 antennas constructed of radio frequency (RF) transparent screen material that will be textured and painted to match the existing building. The equipment cabinets are located at the rear of the building and painted to match the adjacent building and therefore exhibit a stealth design. 6. That the City Planner 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. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner 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. MCUP 11-01(A)-SD06088 LAS FLORES February 26, 2013 Pa e3 Conditions: 1. All of the conditions within this Jetter shall supersede all of the conditions within the Planning Director Approval Letter for Minor Conditional Use Permit (MCUP 11-01) dated March 14, 2011. 2. Approval is granted for MCUP 11-01(A) as shown on Exhibits "A"-"E" dated February 25, 2013 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. 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 Amendment. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 11-01(A) 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. 5. 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. 6. The Developer shall comply with all applicable prov1s1ons of federal, state, and local ordinances in effect at the time of building permit issuance. 7. 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. 8. MCUP 11-01(A} shall be reviewed by the City Planner 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 City Planner 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 MCUP 11-01(A)-SD06088 LAS FLORES February 26, 2013 Pa e4 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 City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner 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 Conditional Use Permit is granted for a period of 10 years from February 25, 2013 through February 24, 2023. 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 1 0 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. 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. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. · 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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. 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. MCUP 11-01(A)-SD06088 LAS FLORES February 26, 2013 Pa e 5 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 $638 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner 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 Garcia at (760) 602-4622. CHRIS DeCERBO Principal Planner CD:CG:sm c: VSCRE Holding, LLC, c/o Senior Care Inc., 9510 Ormsby Station Court, Suite 100, Louisville, KY 40223 Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy DMS/Data Entry