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HomeMy WebLinkAboutMCUP 13-08; AT&T Westbluff LTE; Conditional Use Permit (CUP)_4~ CITY OF VcARLSBAD Community & Economic Development September 4, 2013 Plancom Krystal Patterson 302 State Place Escondido, CA 92029 www.carlsbadca.gov SUBJECT: MCUP 13-08-AT&T WESTBLUFF LTE-Request for approval of a Minor Conditional Use Permit (MCUP 13-08; previously approved as CUP 05-10 and MCUP 11-03} to allow the extension, continued operation and minor redesign of a wireless communication facility located at 6994 El Camino Real, in the C-1-Q Zone and Local Facilities Management Zone 6. Dear Ms. Patterson, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 13-08 for the extension, continued operation and minor redesign of a Wireless Communications Facility that currently consists of six, four foot tall, existing panel antennas, but will expand to 12, six foot tall, panel antennas under this proposal, mounted behind Radio Frequency (RF) transparent screens that are textured and painted to match the building and associated equipment cabinets that are located within the building on property generally located at 6994 El Camino Real. 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 August 29, 2013). 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 developl'flent 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 use is consistent with the General Plan in that the Local Shopping Center (L) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The existing WCF includes antennas mounted on the south and east facing walls of a commercial building just below the roof line. To minimize their visibility, the MCUP proposes to further stealth the new antennas behind RF transparent screens that are painted and textured to match the building. The WCF is consistent with City Council Policy Statement No. 64, Wireless Communication Facilities in that it is in a preferred commercial zone location and has a stealth design. The project's Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MCUP 13-08-AT&TWESTBLUFF LTE September 4, 2013 Page 2 location and stealth design also enable the project to 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 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 screen walls 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 entirely within a leased commercial suite on the property. The WCF use is not precluded by the project's Neighborhood Commercial (C-1-Q) zoning. Furthermore, the placement of the antennas behind RF transparent screens 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 the WCF is existing and the proposed redesign, although adding antennas, will reduce its visibility in that the proposed antennas are mounted behind RF transparent screens that are textured and painted to match the building. The original approval of the conditional use (CUP 05-10) was granted on January 4, 2006 and a subsequent approval on August 8, 2011 (MCUP 11-03}. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unmanned WCF use 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 Statement No. 64 in that it is located in a preferred location (Commercial zone) as listed in Location Guideline A.l.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the antennas are completely hidden behind RF transparent screen material that is textured and painted to match the existing building. The equipment cabinets are located within a lease space in the 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 13-08 -AT&TWESTBLUFF LTE September 4, 2013 Pa e 3 Conditions: 1. Approval is granted for MCUP 13-08-AT&T WESTBLUFF LTE as shown on Exhibits "A"-"F" dated September 4, 2013 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. 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. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 6 Loc.al Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 13-08 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 MCUP 13-08-AT&TWESTBLUFF LTE September 4, 2013 Page 4 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. 8. This Conditional Use Permit is granted for a period of ten {10} years from September 4, 2013 through September 3, 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 ten {10) years upon written application of the permittee made no Jess 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. 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. 10. Prior to the issuance of a building pefmit, 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 City Planner, 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 City Planner 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. 11. 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 City Planner 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 City Planner 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 J. MCUP 13-08 -AT&T WESTBLUFF LTE September 4, 2013 Pa e 5 the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. 12. This approval for the expansion of the existing wireless communications facility shall become null and void if building permits are not issued for this project within 2 years from the date of project approval. 13. 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: 14. 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: 15. 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. MCUP 13-08 -AT&TWESTBLUFF LTE September 4, 2013 Page 6 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 $651.00 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 have any questions regarding this matter, please feel free to contact Chris Garcia at 760-602-4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:fn c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy OMS/Data Entry