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Home My WebLink AboutCUP 2021-0012; US WEST CELLULAR; Admin Decision LetterCCityaf Carlstiad November 8, 2021 8FILE COPY nt,,,/4/ 1!/'1/21 Justin Causey AT&T Wireless 5738 Pacific Center Blvd. San Diego, CA 92121 SUBJECT: CUP 2021-0012 -US WEST CELLULAR -Request for approval of a Minor Conditional Use Permit (CUP 2020-0012) to allow the continued use of an existing, stealth wireless communication facility (original CUP 09-12 expired 2019.) No modification or work is proposed with the project. Project is located at 1015 Chestnut Avenue #D3, in the Office Zone and Local Facilities Management Zone 1. Dear Mr. Causey, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2021- 0012 to allow the continued use of an existing wireless communication facility (WCF) with no modification and or physical revisions. 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 8, 2021). 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: 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 area of the city. The use is consistent with the General Plan in that the Office (0) Land Use designation does not preclude Wireless Communication Facility (WCF) uses. The WCF has been found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, because it will remain in a preferred location and will result in no modification to the existing WCF. 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 existing WCF is located within a preferred location as listed in Location Guideline A.1 of City Council Policy No. 64. The WCF will remain in the existing location. The WCF use is not precluded by the project site's Office (O) zoning and Office (O) General Plan Land Use designation. Furthermore, the project has been conditioned to comply with Federal Communications Commission (FCC) Radiofrequency Exposure Guidelines. Community 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 2021-0012 -US WEST CELLULAR November 8, 2021 Page 2 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 is located on the roof of an existing office building within an office zone. In addition, the project proposes no modification to the existing facility. The antennas and equipment remain in compliance with applicable development standards such as required setbacks and height limits. 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 and unstaffed WCF will not generate traffic other than during periodic maintenance. Access to the project site will be provided from Pio Pico Drive or Chestnut Avenue, which Is 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 in a preferred location as listed in Location Guideline A.1 of City Council Policy No. 64. Furthermore, no modifications are proposed to the existing WCF. The WCF is screened from view with a parapet skirt that surrounds the facility which is consistent with the original approval and will ensure the WCF remains consistent with the design guidelines contained within 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 15301 -Existing Facilities 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 2021-0012 as shown on Exhibits "A" -"G" dated November 8, 2021 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. CUP 2021-0012 -US WEST CELLULAR November 8, 2021 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2021-0012 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, (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. 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. The project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This Conditional Use Permit is granted for a period of 10 (ten) years from November 8, 2021 through November 8, 2031. 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 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 yvith 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. 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. CUP 2021-0012 -US WEST CELLULAR November 8, 2021 Page 4 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. 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: 13. 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 2021-0012 -US WEST CELLULAR November 8, 2021 Page 5 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 $876.00. 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, CLIFF JONES Principal Planner CJ:PD:cf c: Don Neu, City Planner David Rick, Project Engineer Laserfiche/File Copy Data Entry