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HomeMy WebLinkAboutCUP 2017-0003; AT&T SD0272 CARLSBAD LAGOON; Admin Decision LetterNovember 30, 2017 Mo~gan Norville M&M Telecom, Inc. 6886 Mimosa Drive, Carlsbad, CA 92011 SUBJECT: CUP 2017-0003/CDP 2017-0028 (DEV14034) -AT&T SD0272 CARLSBAD LAGOON - Request for approval of a Minor Conditional Use Permit (CUP 2017-0003) and a Minor Coastal Development Permit (CDP 2017-0028) to allow the installation and operation of a new wireless communication facility located at 5050 Avenida Encinas, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 3. Dear Ms. Norville, The City Planner has completed a review of your application for a Minor Conditional Use Permit No. CUP 2017-0003, and Minor Coastal Development Permit No. CDP 2017-0028 for the installation. and operation of a new wireless communication facility consisting of 16 antennas, 32 remote radio units, eight surge suppressors, four WCS filter, two AC condensers, and one GPS antenna all located on the roof of a three- story office building. Inside the office building on the first floor, 304 square feet shall be occupied by the facility as an equipment shelter. 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 November 27, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the ten findings required for granting a Minor Conditional Use Permit and Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: CUP 2017-0003 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; and (b) the proposed use is consistent with the General Plan in that the Planned Industrial (Pl) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF plan has been found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (on industrial property) and has a stealth design as discussed in finding number five. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 / 760-602-4600 / 760-602-8560 f / www.carlsbadca.gov cup 2011-0003/COP 2011-060:fa (DEV,14034)-AT&T s00212 CARLSBAD LAGOON November 30, 2017 '· ' 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 (a) the proposed WCF is located within a preferred location as listed in Location Guideline A.1.a of City Council Policy No. 64; (b) the WCF will be concealed by a smooth-stucco fa~ade that blends with the building and the equipment shelter will be located inside the building on the first floor; and (c) the WCF use is not precluded by the project site's Planned Industrial (Pl} zoning or Planned Industrial (Pl) General Plan Land Use designation. The project has been conditioned to comply with Federal Communications Commission (FCC) Radiofrequency 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 will be located at 5050 Avenida Encinas, a three-story office building. The site is adequate for the facility because the WCF is over 160 feet from the nearest road (Avenida Encinas) and approximately one-quarter mile from the nearest residential neighborhood. The stealth smooth-stucco fa~ade blends with the office building to the maximum extent feasible, and the use does not restrict daily operations of the tenants. The project site is also located within the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP}, more specifically the Federal Aviation Administration (FAA} Height Notification Boundary, which requires FAA approval of a Federal Aviation Regulation Part 77 -Objects Affecting Navigable Air Space. On August 19, 2017, the FAA determined the project is of no hazard to air navigation, satisfying Part 77. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed unstaffed WCF will not generate traffic other than during installation and for periodic maintenance. Access to the project site will be provided from Avenida Encinas, which is adequate to serve the facility. 5. The WCF is consistent with the preferred location and the stealth design review and approval guidelines of city council policy statement No. 64 in that the project site is located in a preferred location as listed in Location Guideline A.1.a of City Council Policy No. 64, and the project is designed to blend with the surrounding environment to the maximum extent feasible by concealing the WCF behind a smooth-stucco fa~ade, and locating associated equipment within an interior equipment room on the first floor of the office building. CDP 2017-0028 6. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project is located outside of the Coastal Shoreline Development Overlay Zone; therefore, compliance with the public access and recreation policies of Chapter 3 of the Coastal Act are not required. 7. The proposed development will have no adverse effect on coastal resources, in that no opportunities for coastal access are available from the subject site, nor will the WCF infringe on public recreation areas. The project site is currently developed as an office building with no coastal resources onsite. 8. That the proposed development is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies. The proposed WCF is consistent with the Mello II Segment of the LCP in that CUP 2017-0003/CDP 2017-00028 (DEV14034)-AT&TSD0272 CARLSBAD LAGOON November 30, 2017 Pa e 3 it is not precluded in the Planned Industrial (Pl) land use designation identified on the Local Coastal Plan land use plan; no agricultural activities, sensitive 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 beauty of the coastal zone. 9. 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 document pursuant to Section 15303 -New Construction or Conversion of Small Structures, of the state CEQA Guidelines. In making this this determination the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA Guidelines do not apply to this project. 10. 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. Approval is granted for CUP 2017-0003/CDP 2017-0028 as shown on Exhibits "A" -"K" dated November 27, 2017 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/Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2017-0003/CDP 2017-0028 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/Minor Coastal Development 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. CUP 2017-0003/CDP 2017-00028 (DEV14034) -AT&T 5D0272 CARLSBAD LAGOON November 30, 2017 Pa e4 5. 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 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. 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 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. CUP 2017-0003 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 c;onditional 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 is granted for a period of 10 years from November 28, 2017 through November 28, 2027. 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 oftime not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Pl~nner 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 City Planner may grant. 10. Prior to the issuance of a building permit, 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/Minor Coastal Development 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. CUP 2017-0003/CDP 2017-00028 (DEV14034}-AT&TSD0272 CARLSBAD LAGOON November 30, 2017 Pa e 5 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 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. 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. CUP 2017-0003/CDP 2017-00028 (DEV14034) -AT&T S00272 CARLSBAD LAGOON November 30, 2017 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 Paul Dan at (760) 602-4614. Sincerely, TERI DELCAMP Principal Planner TD:PD:fn c: SOSO Carlsbad, LLC, SOSO Avenida Encinas, Carlsbad, CA 92008 Don Neu, City Planner David Rick, Project Engineer File Copy Data Entry HPRM