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HomeMy WebLinkAboutMCUP 11-05A; Aviara Four Seasons Verizon; Conditional Use Permit (CUP)Af~.A. C I T Y 0 f VcARLSBAD Planning Division January 28, 2013 Black & Veatch Corp. Attn: Jeffrey Taxson 10089 Willow Creek Road, Suite 350 San Diego, CA 92131 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 11-0S(A)-AVIARA FOUR SEASONS VERIZON -Request for approval of a Minor Conditional Use Permit Amendment (MCUP 11-05(A) to add fuel cell generators and relocate existing air conditioning units for an existing Wireless Communications Facility (WCF) at 7100 Aviara Resort Drive, in the Planned Community (P-C) Zone, with an underlying Commercialffourist (C-T) zone per Master Plan 177 and within Local Facilities Management Zone 19. Dear Mr. Taxson, The City Planner has completed a review of your application for a Minor Conditional Use Permit Amendment MCUP 11-05(A) for the addition of fuel cell generators and the relocation of existing air conditioning units for an existing Wireless Communications Facility (WCF) at 7100 Aviara Resort Drive. The existing WCF was approved by MCUP 11-05 and consists of 9 antennas mounted behind the walls of an existing cupola and associated equipment cabinets located within an equipment enclosure. However, no changes to the antennas are proposed at this time. 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 3, 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 Amendment can be niade 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 Travel/Recreation Commercial (TR) 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 (Commercial 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. ~~'--------~-------------------------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 11-05(A)-AVIARA FOUR SEASONS VERIZON January 24, 2013 Pa e 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 non-residential location (Commercial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden behind the walls of an existing cupola which are constructed of radio frequency (RF) transparent screen material that is textured and painted to match the existing building, as well as the equipment cabinets located within an enclosure on the roof that is also painted and textured to match the existing building. The addition of fuel cell generators and the relocation of existing air conditioning units will be located in enclosures that are painted and textured to match the existing building and are located in an area that is heavily screened by existing landscaping. The WCF use is not precluded by the project site's underlying C-T Zoning. Furthermore, the location of the existing antennas behind the RF transparent screen and the existing equipment cabinets located within a walled enclosure on the roof of the 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 are located behind RF transparent screen walls that are textured and painted to match the existjng building and the equipment cabinet is located within an walled enclosure on the roof of the building thereby exhibiting stealth design techniques. The addition of fuel cell generators and the relocation of existing air conditioning units to enclosures that are painted and textured to match the existing building, and are located in an area that is heavily screened by existing landscaping also exhibits stealth design techniques. As the new generators and air conditioning units will be screened from view and no other changes are proposed to the existing antennas, 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 (Commercial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the existing antennas are completely hidden behind and within existing cupola walls constructed of RF transparent screen material that is textured and painted to match the , e)(i~ting building. The equipment . cabinets. are located within . an existing enclosure on the roof which is also textured and painted to match the existing building and therefore exhibits a stealth design. The addition of fuel cell generators and the relocation of existing air conditioning units to enclosures that MCUP 11-05(A) ,..-AVIARA FOUR SEASONS VERIZON January 24, 2013 Pa e 3 that are painted and textured to match the existing building and are located in an area that is heavily screened by existing landscaping also exhibits 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. Conditions: 1. This project shall comply with all conditions required as part of the previously approved Minor Conditional Use Permit (MCUP 11-05) as contained in the Planning Director approval letter dated May 31, 2011 except Condition No. 7 which is replaced by Condition No.9 below. 2. Approval is granted for MCUP 11-05(A) as shown on Exhibits "A"-"D" dated January 24, 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. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 11-05(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 MCUP 11-05(A)-AVIARA FOUR SEASONS VERIZON January 24, 2013 Pa e 4 Use Permit Amendment, (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 provisions 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 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. MCUP 11-0S(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 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 Minor Conditional Use Permit Amendment is granted for a period of 10 years from January 24, 2013 through January 23, 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 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. 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. MCUP 11-05(A)-AVIARA FOUR SEASONS VERIZON January 24, 2013 Pa e 5 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 mana,gement 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. 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. 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 $638.00 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 MCUP 11-05(A)-AVIARA FOUR SEASONS VERIZON January 24, 2013 Pa e 6 have any questions regarding this matter, please feel free to contact Chris Garcia at (760) 602- 4622. Sincerely, C)\!)W f;e{1Jo CHRIS DeCERBO Principal Planner CD:CG:sm c: Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy OMS/Data Entry