HomeMy WebLinkAboutCUP 2018-0001; AT&T WOMEN'S CENTER; Admin Decision Letter,
August 13, 2018
Tim Henion
DePratti, Inc.
l3 FILE COPY
~ B/rofue; {'city of
Carlsbad
1264 Basswood Avenue
Carlsbad, CA 92008
SUBJECT: CUP 2018-0001/CDP 2018-0010 (DEV2018-0011)-AT&T WOMEN'S CENTER -Request for approval
of a Minor Conditional Use Permit {CUP 2018-0001) and a Minor Coastal Development Permit
(CDP 2018-0010) to allow the installation and operation of a new wireless communication facility
located at 6125 Paseo Del Norte, in the Office (O) Zone and Local Facilities Management Zone 3.
Dear Mr. Henion, '
The City Planner has completed a review of your application for Minor Conditional Use Permit No. CUP 2018-
0001, and Minor Coastal Development Permit No. CDP 2018-0010 to allow for the installation and operation of
a new wireless communication facility consisting of 12 antennas, 24 remote radio units, and one equipment
storage unit located on the roof of an existing two-story office building. 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 July 30, 2018). 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 2018-0001
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 provides the benefit and helps meet the
demand for digital communications and data transmissions for businesses, individuals, public agencies and
emergency service systems in this part of the city; and {bl is consistent with the General Plan in that the
Office {O) 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 (i.e. Office zone) 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.
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.c of City Council Policy No. 64; {b) the WCF will be concealed by a smooth
fa~ade that blends with the building, and the equipment shelter will be located on the second story roof
concealed from public views; and {c) the WCF use is not precluded by the project site's Office (O) zoning or
Office (0) General Plan Land Use designation. The project has been conditioned to comply with Federal
Communications Commission {FCC) Radiofrequency Exposure Guidelines.
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
CUP 2018-0001/CDP 2018-0010 (DEV2018-0011) ~AT&, WOMEN'?~EJl:J'ryR
August 13, 2018 , ·
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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 6125 Paseo Del Norte, an existing two-story office building.
The site is adequate for this facility because the WCF is over 125 feet from the nearest road {Paseo Del
Norte) and is approximately 600 feet from the nearest residential neighborhood. The smooth-white fa~ade
blends with the office building architecture to the maximum extent feasible, and the use does not restrict
daily operations of the tenants.
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 Paseo Del Norte, 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.l.c of City Council Policy No. 64; the project is designed to blend with the surrounding
environment to the maximum extent feasible by concealing the WCF behind a smooth fa~ade that matches
the existing building architecture; and all associated equipment is located on the second floor of the office
building, concealed entirely from public view.
CDP 2018-0010
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 is 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 it is not
precluded by the Office {O) 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.
CUP 2018-0001/CDP 2018-0010 (DEV2018-0011)-AT&T WOMEN'S CENTER
August 13, 2018
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit.
1. Approval is granted for CUP 2018-0001/CDP 2018-0010 as shown on Exhibits "A" -"L" dated August 6, 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/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 2018-0001/CDP 2018-0010 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.
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 2018-0001 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;
CUP 2018,0001/CDP 2018-0010 (DEV2018-0011)-AT& T WOMEN'S CENTER
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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 August 6, 2018 through August 6,
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
years upon written application of the permittee made no less than 90 days prior to the expiration date. The
City Planner 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.
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 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. Alternatively, the Developer/Operator may submit a predictive technical report for all
antennas at the site that uses sound engineering practice and contains a certification by a professional RF
engineer that the site is compliant with FCC rates and regulations pertaining to emissions standards (47 CFR
1.1310}. 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.
CUP 2018-0001/CDP 2018-0010 (DEV2018-0011) -AT&T WOMEN'S CENTER
August 13, 2018
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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 $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, ~n«
DON NEU, AICP
City Planner
DN:PD:jb
c: 6125 Paseo Del Norte, LLC (Attn: Scott Legget) 6125 Paseo Del Norte, Carlsbad, CA 92011
Jennifer Horodyski, Project Engineer David Rick, Project Engineer
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