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HomeMy WebLinkAboutAMEND 2018-0004; NORTH BATIQUITOS WCF; Admin Decision Letter,,· 1 June 28, 2018 MD7 LLC Richard Toleno Suite 300 l3 FILE COPY ·~"~\If) {"City of Carlsbad 10590 Ocean Air Drive San Diego, CA 92130-4677 SUBJECT: AMEND 2018-0004/AMEND 2018-0005 {DEV09043) -NORTH BATIQUITOS WCF - Request for approval of Minor Conditional Use Permit Amendment and Minor Coastal Development Permit Amendment to allow the modification of an existing wireless communication facility (WCF). The project site is located at 760 Macadamia Avenue, in the Commercial Tourist (C-T) Zone, the Mello I Segment of the Local Coastal Program and in Local Facilities Management Zone 22. Dear Richard Toleno, The City Planner has completed a review of your application for a Minor Conditional Use Permit Amendment AMEND 2018-0004 and Minor Coastal Development Permit Amendment AMEND 2018-0005 for the modification of an existing WCF consisting of installing seven (7) new panel antennas, two (2) existing panel antennas to remain, sixteen (16) new Remote Radio Units, two (2) existing Remote· Radio Units to remain, and one (1) new Fiber Reinforced Polymer (RFP) screen box and the addition of associated equipment at 760 Macadamia Avenue. A notice was sent to prope.rty 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 June 11, 2018). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the 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: Minor Conditional Use Permit Amendment, AMEND 2018-0004 1. Thatthe reqµested use is necessciry or de$irable for the development of the commllnity, 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 Visitor Commercial (VC) Land Use Designation does not preclude the provision of Wireless Communication Facility {WCF) uses. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Furthermore, the WCF Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov AMEND 2018-0004 / AMEND 2018-000,l~r~.' 09.;24}.) ~ ~ORTH BATIQUITOS WCF June 28, 2018 ~ 1 \, s,,1 ,· .; 1 ·. Pa e 2 ·-.. ~ plan has been found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred non-residential location (commercial building) and has a stealth design as discussed in finding number five below. 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 proposed WCF is located within a preferred non-residential location (commercial building) 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 by existing improvements. The WCF use is not precluded by the project site's Commercial Tourist (C-T) zoning. Furthermore, the placement of the antennas and associated WCF equipment will not result in any additional building coverage, do not alter the existing site or building design, and do not interfere with nor are they visible to other surrounding uses. The project has been conditioned to maintain compliance 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 antennas are located behind RFP screen walls that are textured and painted to match the existing building and the equipment cabinet is located within an existing enclosure thereby exhibiting stealth design techniques. 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 Tourist zone designated by Specific Plan 186) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the new antennas and RRUs are completely hidden behind RFP transparent material painted and textured to match the existing commercial building. The additional equipment will be located within an existing equipment enclosure thereby exhibiting stealth design techniques. Minor Coastal Development Permit Amendment 2018-0005 6. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no public opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project as the property is not located adjacent to the shore; therefore, it will not interfere with the public's right to physical access or water- oriented recreational activities. 7. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and the lot is already disturbed and developed with a hotel and the WCF. . 8. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for commercial tourist uses in that the project Is consistent with the Mello I Segment of the Certified Local Coastal Program in that the existing and proposed WCF use is permitted in the V-C Land Use designation; no agricultural uses, sensitive AMEND 2018-0004 / AMEND 2018-0005 (DEV09043)-NORTH BATIQUITOS WCF June 28, 2018 Pa e 3 resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the proposed WCF will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 9. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 10. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. General 11. 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 15303 -New Construction or Conversion of Small Structures 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. 12. The City Planner·has reviewed each of the exactions imposed on the Developer contained in this approval 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 ro_ugh proportionality to the impact caused by the project. Conditions: 1. Approval is granted for AMEND 2018-0004 / AMEND 2018-0005-NORTH BATIQUITOS WCF as shown on Exhibits "A" -"I" dated June 28, 2018, 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 Amendment and Minor Coastal Development Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AMEND 2018-0004 I AMEND 2018-0005 documents, as necessary to make them AMEND 2018-0004 / AMEND 2018-0005 (DEV09043)-NORTH BATIQUITOS,WCF June 28, 2018 Pa e 4 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 P~rmit Amendment and Minor Coastal Development 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. 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 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Amend 2018-0004 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. 8. This Conditional Use Permit is granted for a period of ten (10) years from June 28, 2018 through June 28, 2028. 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, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/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 AMEND 2018-0004 / AMEND 2018-0005 (DEV09043) -NORTH BATIQUITOS WCF June 28, 2018 I Pa e 5 will eliminate or substantially reduce such effects. There is no limit to the number of extensions th~ City Planner/Planning Commission may grant. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division 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. 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. · 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. 13. 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)(l); 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 arid 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 minor conditional use permit amendment and minor coastal development permit amendment. 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) sh~II be provided consistent with Carlsbad Municipal Code Section 18.04.320. AMEND 2018-0004 / AMEND 2018-0005 (DEV09043) -NORTH BATIQUITOS WCF June 28, 2018 · Pa e 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 $850.00. 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 to contact Chris Sexton at 760-602-4631. Sincerely, \t)t TERI DELCAMP Principal Planner TD:CS:dh c: Sprint, Maegan Murphy, 3730 5th Av, San Diego CA 92103-4224 Maruti Investments LLC, Neelum Pitamber, 9249 Sierra College Bl., Roseville CA 95661-5919 Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry