HomeMy WebLinkAboutMCUP 11-04; Carlsbad Pacific Center WCF; Conditional Use Permit (CUP)CITY OFCARLSBAD
Planning Division www.carlsbadca.gov
May 31, 2011
Sprint Nextel
Attn: Heidi Thorne
6125 Lakeview Road, Suite 100
Mailstop NCCHLH0101-1049
Charlotte, NC 28269
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 11-04 - CARLSBAD PACIFIC
CENTER WCF - Request for approval of a Minor Conditional Use Permit (MCUP 11-04; replaces
CUP 96-03X2) to allow the continued operation and maintenance of an existing Wireless
Communication Facility (WCF) at 701 Palomar Airport Road, in the Industrial Zone (M) and Local
Facilities Management Zone 3.
Dear Ms. Thorne,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 11-04 for the continued operation and maintenance of a Wireless Communications
Facility located at 701 Palomar Airport Road. The WCF consists of 9 existing antennas located
behind rooftop screen walls and associated equipment cabinets also located behind existing rooftop
screen walls. 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 May 24, 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 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 (P-l) 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 WCF is located
within a preferred non-residential location (Industrial zone) as listed in Location
Guideline A.1.a. of City Council Policy Statement No. 64 and all aspects of the WCF
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 11-04 - CARLSBAD PACIFIC CENTER WCF
May 31, 2011
Page 2
exhibit stealth design with the antennas and equipment completely hidden behind
rooftop screen walls which are constructed of radio frequency (RF) transparent
screen material that also screens other rooftop mechanical equipment. The WCF use
is not precluded by the project site's Industrial (M) Zoning. Furthermore, the rooftop
screen walls are designed so that they blend in with the building architecture and the
placement of the antennas and equipment behind the screen walls does not visually
impact the existing site or building design and does not interfere with nor is 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 all
of the existing antennas and equipment are located behind RF transparent screen
walls that also screen other rooftop mechanical equipment thereby exhibiting stealth
design techniques. 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 location (Industrial zone) as listed in Location Guideline A.1.a. of City
Council Policy Statement No. 64 and exhibits stealth design, as the rooftop antennas
and equipment are completely hidden behind rooftop screen walls constructed of RF
transparent screen material that is painted to match the existing building and
therefore 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 the WCF 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 Developer
contained in this approval, 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 11-04 - Carlsbad Pacific Center WCF as shown on Exhibits
"A" - "H" dated May 24, 2011 on file in the Planning Division and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
MCUP 11-04 - CARLSBAD PACIFIC CENTER WCF
May 31, 2011
Page3
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. 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.
6. MCUP 11-04 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.
7. This Minor Conditional Use Permit is granted for a period of ten (10) years from June 19,
2011 through June 18, 2021. 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
MCUP 11-04 - CARLSBAD PACIFIC CENTER WCF
May 31,2011
Page 4
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.
8. 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.
9. The owner/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 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.
10. 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.
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.
Engineering:
12. 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 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.
MCUP 11 -04 - CARLSBAD PACIFIC CENTER WCF
May 31, 2011
Page 5
Code Reminders:
13. 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 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 Garcia at (760) 602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: Nextel of California, Inc., 6391 Sprint Parkway, Overland Park, KS 66251
Cognac Carlsbad Pacific Center, c/o Unire Real Estate Group, 701 Palomar Airport Road,
Suite 280, Carlsbad, CA 92011
Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Van Lynch, Senior Planner
Tecla Levy, Associate Engineer
Michele Masterson
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