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HomeMy WebLinkAboutCUP 2019-0003; CROWN CASTLE LEGOLAND CALIFORNIA RESORT; Admin Decision LetterApril 15, 2019 Ccityof Carlsbad Michelle Thurman Mitchell J Architecture 4883 Ronson Court, Suite N San Diego, CA 92111 SUBJECT: CUP 2019-0003/CDP 2019-0006 (DEV2019-0041) -CROWN CASTLE LEGOLAND CALIFORNIA RESORT -Request for approval of a Minor Conditional Use Permit (CUP 2019-0003) and Minor Coastal Development Permit (CDP 2019-0006) for the installation of Wireless Communication Facilities consisting of 69 roof-mounted, stealth design antennas and associated equipment on 10 existing structures as well as one 300-square- foot, one-story equipment building at Legoland California Resort located at 1 and 2 Legoland Drive, in the Carlsbad Ranch Specific Plan, Mello II segment of the Local Coastal Program, and Commercial Tourist Zone (C-T-Q) and Local Facilities Management Zone 13. The project site is not within the appealable area of the California Coastal Commission. Dear Ms. Thurman, The city planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019- 0003 and Coastal Development Permit CDP 2019-0006 for installation of Wireless Communication Facilities (WCF) consisting of 69 roof-mounted and screened antennas and associated equipment on 10 existing structures, including theme park attractions, the castle hotel, and the employee parking structure. A 300-square-foot, one-story equipment building is also proposed. The proposed WCF is located in Lego land California Resort located at 1 and 2 Legoland Drive. A notice was sent to property owners within a 300-foot radius, and occupants within a 100-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on April 12, 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 and Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: Minor CUP 2019-0003 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 the use provides a benefit by helping meet the demand for digital communications and data transmissions for businesses, individuals, public agencies, and emergency service systems in this part of the city. The use is consistent with the General Plan in that the Visitor Commercial (VC) Land Use designation does 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 2019-0003/CDP 2019-0006 (DEV2019-0041) -CROWN CASTLE LEGOLAND CALIFORNIA RESORT April 15, 2019 Pa e 2 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 and has a stealth design as discussed below. 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 the proposed WCF plan is located within a preferred location as listed in Location Guideline A.1 of City Council Policy No. 64. Furthermore, the WCFs will be concealed by screening that matches existing building colors and finishes. The equipment shelter will be located adjacent to the theme park's service road and concealed from public view. The WCF use is not precluded by the Carlsbad Ranch Specific Plan or the project site's Commercial Tourist (C-T-Q} zoning and Visitor Commercial (VC) 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 WCFs will be located at Legoland California Resort, an existing theme park. The site is adequate for this facility because it is located in a commercial area and there are no nearby residential neighborhoods. All antennas and related equipment are designed to be stealth in order to blend into the buildings upon which they are installed. Proposed antennas and related equipment will not be installed within required setbacks and will not exceed maximum allowed heights. 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 WCFs will not generate traffic other than during installation and for periodic maintenance. Access to the project site will be provided from Legoland Drive or The Crossings Drive, which are adequate to serve the facility. 5. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the project site is located in a preferred location as listed in Location Guideline A.1 of City Council Policy No. 64. The project is designed to be stealthy. Installation of screening is proposed, which will blend with the building surfaces upon which the WCFs are mounted by matching the existing building architecture. In addition, the associated equipment enclosure will be located on the ground level and will have an exterior matching surrounding buildings. Minor CDP 2019-0006 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed WCF plan is consistent with the Mello II Segment of the LCP in that it is not precluded by the Visitor Commercial (VC} 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. CUP 2019-0003/CDP 2019-0006 (DEV2019-0041) -CROWN CASTLE LEGOLAND CALIFORNIA RESORT April 15, 2019 Pa e 3 7. The proposal is in conformity with the public access and 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. 8. 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. General 9. 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. 10. 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. 11. 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 2019-0003 and CDP 2019-0006 as shown on Exhibits "A" -"HH" dated April 15, 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 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 and 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 2019-0003/CDP 2019-0006 documents, as necessary to make them CUP 2019-0003/CDP 2019-0006 (DEV2019-0041) -CROWN CASTLE LEGO LAND CALIFORNIA RESORT April 15, 2019 Pa e 4 internally consistent and in conformity with the final action on the project. Development shall o~cur 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 and 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. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 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. 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. 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. CUP 2019-0003 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 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 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 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 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 April 15, 2019, through April 15, 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 CUP 2019-0003/CDP 20i9-0006 (DEV2019-0041) -CROWN CASTLE LEGOLAND CALIFORNIA RESORT April 15, 2019 Pa e 5 reasonable period of time not to exceed 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 will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner/Planning Commission 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 and 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 (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. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 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. CUP 2019-0003/CDP 2019-0006 (DEV2019-0041) -CROWN CASTLE LEGOLAND CALIFORNIA RESORT April lS, 2019 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 $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 Esteban Danna at (7601 602-4629. Sincerely, TERI DELCAMP Principal Planner TD:ED:dh c: Legoland California, LLC, 1 Legoland Drive, Carlsbad, CA 92008 Lizandro Gil, Crown Castle, 1100 Dexter Avenue, Suite 250, Seattle, WA 98109 Don Neu, City Planner Tecla Levy, Project Engineer HPRM/File Copy