HomeMy WebLinkAboutCUP 2018-0018; AT&T CARLSBAD BOYS AND GIRLS CLUB SD0509; Admin Decision LetterMay 22, 2019
Tim Henion
Depratti, Inc.
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Carlsbad
2707 Tiburon Avenue
Carlsbad, CA 92010
SUBJECT: CUP 2018-0018 (DEV2018-0161) -AT&T CARLSBAD BOYS AND GIRLS CLUB SD0509 -
Request for approval of a Minor Conditional Use Permit {CUP 2018-0018) to allow for the
installation of a new wireless communications facility (WCF) on the existing Boys and Girls
Club at 2730 Bressi Ranch Way and located within Planning Area 15 of the Bressi Ranch
Master Plan, the Community Facilities (C-F) Zone and Local Facilities Management Zone
17.
Dear Mr. Henion,
The City Planner has completed the review of your application for a Minor Conditional Use Permit {CUP
2018-0018) to allow for the installation of a new wireless communications facility (WCF) on the existing
Boys and Girls Club at 2730 Bressi Ranch Way. More specifically, the new WCF consists of 12 panel
antennas (four panel antennas for each of three sectors) enclosed behind a 10-foot tall radio frequency
(RF) transparent architectural screen mounted on top of the existing 32-foot tall gymnasium for a total
building height of 42 feet. The RF tran.sparent screen is texture coated to match the masonry block and
brick veneer materials that predominate the existing gymnasium. Also included is the construction of a
new equipment enclosure, consisting of a solid 7-foot masonry wall with brick veneer and metal access
gate located on the south side of the existing clubhouse. The project replaces existing landscape where
landscaping is being displaced by the new equipment enclosure.
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
May 10, 2019). 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, approv~s 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 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 where coverage has been determined to be significantly weak;
b) the proposed use is consistent with the General Plan in that the Community Facilities (C-F) Land
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 2018-0018 (DEV2018-0161) -AT&T CfR~A1) BOYS AND GIRLS CLUB 5D0509
May 22, 2019 ,, . , ·.• .
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Use designation does not preclude Wireless Communication Facility (WCF) uses; and c) the
proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in
that the site is a preferred location on a community facility as listed in Location Guideline A.1.h of
the policy; and the twelve (12) panel antennas will be enclosed behind walls made of radio
frequency (RF) transparent materials, all of which exhibit a stealth design that matches the existing
gymnasium fa~ade. In addition, the associated equipment will be enclosed behind a new.
equipment enclosure exhibiting an architectural design and utilizing building materials that are
consistent with and complementary to the existing clubhouse building. 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 in that the proposed WCF is located in a preferred
location (i.e. community facility) according to Location Guideline A.1.h of City Council Policy No. 64,
and all aspects of the WCF exhibit stealth design and are completely hidden from view.
Furthermore, the placement of the twelve (12) panel antennas enclosed behind a RF transparent
screen wall blends with the existing gymnasium architecture and does not visually impact the
existing site or building design and does not interfere with, nor is it readily visible to, other
surrounding uses. Furthermore, a Radio Frequency Safety Survey Report Prediction (RFSSRP) was
prepared by Waterford Consultants, LLC (February 27, 2019) demonstrating that the proposed WCF
complies with all Federal Communication Commission (FCC) requirements relating to RF exposure.
Also, in accordance with Perform,ance Guideline D.5 of City Council Policy No. 64, the project has
been conditioned to comply with FCC RF Exposure Guidelines. A Noise Compliance Report
(Waterford Consultants LLC, October 30, 2018) was also prepared in accordance with the City of
Carlsbad's Noise Guidelines. The report indicates that none of the equipment proposed for this site
contains rotating mechanical elements (e.g. cooling fans) and that any noise emissions from the
equipment will be well below both daytime and nighttime noise limits as outlined in Table 5-3 of
the city's General Plan at all property lines surrounding the project site. The architectural design of
. both the antenna and equipment enclosures matches the existing building in texture, paint and
materials to the maximum extent practicable to ensure that the use is visually harmonious with the
existing surrounding uses.
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 ord.er to integrate
the use with other uses in the neighborhood in that the proposed WCF complies with all zoning
requirements of the Community Facility (C-F) Zone and the proposed landscape revisions are
consistent with the city's Landscape Manual.
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 unmanned WCF can be accessed by Bressi Ranch Way and
the WCF use requires, on average, only monthly maintenance visits and the occasional visit in
response to operational problems.
5. That the proposed WCF is consistent with City Council Policy No. 64 in that the site is a preferred
location on a community facility as listed in Location Guideline A.1.h of the policy; the twelve (12)
panel antennas will be enclosed behind walls made of radio frequency (RF) transparent materials,
all of which exhibit a stealth design that matches the existing gymnasium fa~ade; and the associated
CUP 2018-0018 (DEV2018-0161) -AT&T CARLSBAD BOYS AND GIRLS CLUB SD0509
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equipment will be enclosed behind a new equipment enclosure wall exhibiting an architectural
design and utilizing building materials that are consistent with and complementary to the existing
clubhouse building. A Radio Frequency Safety Survey Report Prediction (RFSSRP) was prepared by
Waterford Consultants, LLC (February 27, 2019) demonstrating that the proposed WCF complies
with all Federal Communication Commission (FCC) requirements relating to RF exposure. In
accordance with Performance Guideline D.5 of City Council Policy No. 64, the project has been
conditioned to comply with FCC RF Exposure Guidelines. A Noise Compliance Report (Waterford
Consultants LLC, October 30, 2018), prepared in accordance with the City of Carlsbad's Noise
Guidelines, states that none of the equipment proposed for this site contains rotating mechanical
elements (e.g. cooling fans) and that any noise emissions from the equipment will be well below
both daytime and nighttime noise limits as outlined in Table 5-3 of the city's General Plan at all
property lines surrounding the project site. All proposed landscaping being located outside of the
proposed equipment enclosure will be automatically irrigated and maintained as part of the existing
Boys and Girls Club landscaping. Lighting fixtures inside of the equipment enclosure are situated
below the height of the enclosure walls and are downward directed to avoid offsite glare during
any nighttime maintenance event. To ensure automatic shutoff after each use, lighting will be
manually operated from a switch inside the enclosure and set on timer switches. To ensure
maintenance events do not impact the adjacent residential zone, the CUP has been conditioned to
comply with maintenance hours listed under Performance Guideline D.3 of the City Council Policy
No.64.
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 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.
7. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
8. 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
rough proportionality to the impact caused by the project.
Conditions:
1. Approval is granted for CUP 2018-0018 as shown on Exhibits "A" -"M" dated May 22, 2019 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
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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 CUP 2018-0018 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, protectrdefend 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 17 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. CUP 2018-0018 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 shaU 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 May 22, 2019 through May
· 22, 2029. 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
CUP 2018-0018 (DEV2018-0161)-AT&T CARLSBAD BOYS AND GIRLS CLUB SD0509
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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/Planning Commission may grant.
9. 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 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.
10. 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.
11. All equipment shall be designed and operated to be consistent with the City of Carlsbad Noise
Guidelines.
12. All facilities, related equipment and landscaping shall be maintained in good condition and free
from trash, debris, graffiti and any form of vandalism. All required landscaping shall be
automatically irrigated. Damaged equipment and damaged, dead or decaying landscaping shall be
replaced promptly. Replacement of landscaping that provides facility screening should be, as much
as possible, of similar size (including height), type and screening capability at the time of planting
as the plant(s) being replaced.
13. Developer/Operator shall observe the following maintenance hours given its close proximity to an
adjoining residential zone:
a. Except in an emergency posing an imm_ediate public health and safety threat, maintenance
activities shall only occur between 7 AM (8 AM on Saturdays) and sunset; and
b. Maintenance shall not take place on Sundays or Holidays.
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14. Lighting shall be kept to a minimum; directed downward; and shall be triggered manually from
inside the enclosure. Timer switches, with no greater than a GO-minute time period maximum, shall
be installed to ensure lighting automatically shuts off during each use.
15. Any WCF that is not operated for a continuous period of 180 days shall be considered abandoned.
Within 90 days of receipt of notice from the City notifying the owner of such abandonment, the
WCF owner must remove the facility and restore the site, as much as is reasonable and practical, to
its prior condition. If such WCF is not removed within 90 days, the WCF will be considered a
nuisance and in addition to any other available remedy, will be subject to abatement under Chapter
6.16 of the Carlsbad Municipal Code. If there are two or more users of a single WCF, then this
provision will not become effective until all users stop using the WCF. The provider or owner must
give notice to the City Planner of intent to discontinue use of any facility before discontinuing the
use.
16. No other barrier type fencing, delineation or screen shall be erected on top of the gymnasium roof
other than the antenna enclosure structure as shown on Exhibits "A" -"M" dated May 22, 2019.
17. 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.
18. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
Code Reminders:
19. 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.
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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 ast'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 $876. 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 Jason Goff at (760) 602-4643 or by
email at jason.goff@carlsbadca.gov.
Sincerely,
TERI DELCAMP
Principal Planner
TD:JG:dh
c: Brad Holland, Boys and Girls Club of Carlsbad, 2730 Bressi Ranch Way, Carlsbad, CA 92009 ·
Don Neu, City Planner
Kyrenne Chua, Project Engineer
HPRM/File Copy
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