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HomeMy WebLinkAboutCUP 2023-0003; DISH WIRELESS SDSAN00082C; Admin Decision Letter;. March 14, 2024 Franklin Orozco {'cicyof Carlsbad Black Rock Consulting 9895 Montegrino Court Elk Grove, CA 95757 SUBJECT: CUP 2023-0003 (DEV2023-0012)-DISH WIRELESS SDSAN00082C -Request for approval of a Minor Conditional Use Permit (CUP 2023-0003) to allow the installation of three (3) antennas, six (6) radio heads, one (1) small GPS antenna, and associated support/electrical equipment within and on the roof of an existing commercial building. One antenna will be mounted inside a gable roof attic in the front of the building. Minor exterior changes to a small architectural tower at the rear of the building are proposed to screen the remaining two antennas from view. The tower will be expanded with two FRP boxes, each containing an antenna, that will be textured and painted to match the existing building fa~ade. A new CMU equipment enclosure to house ground-mounted equipment will be attached to the rear of the commercial building away from public view. The enclosure will have a stucco finish and will be painted to match the existing building. No equipment will be visible to the public. The project is located at 7140 Avenida Encinas, within the Local Shopping Center (C-L) Zone and Local Facilities Management Zone 9. Dear Franklin Orozco, The City Planner has completed a review of your application for Minor Conditional Use Permit, CUP 2023- 0003, as described above. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten- day notice period (ending on September 21, 2023). 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 Local Shopping Center {L) 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 is proposed in a preferred location, and will provide a stealth design with antenna screening that matches the existing building. The project's location and stealth design complies 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 Wireless Communication Facility {WCF) is located within a preferred location as listed in Location Guideline A.1 of City Council Policy No. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CUP 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C March 14, 2024 Pa e 2 64. The antenna installation will utilize a stealth design with screening that matches the existing building. Furthermore, the proposed radio heads will be fully screened from view. The WCF use is not precluded by the project site's Local Shopping Center (C-L) zoning and Local Shopping Center (L) General Plan Land Use designation. Furthermore, 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 Wireless Communication Facility (WCF) is located on the roof of and attached to an existing commercial building. The site is adequate for the WCF because it is in a commercial area and is not adjacent to residential uses. The project includes the installation of equipment and minor exterior changes to a small portion of the rear of the building. In addition, the associated equipment will be fully screened from view. Therefore, the antennas and equipment are in compliance with applicable development standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unstaffed Wireless Communication Facility will not generate traffic other than during periodic maintenance. Access to the project site will be provided from Avenida Encinas, 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. The proposed Wireless Communication Facility (WCF) is screened from view with antenna screening that is textured and painted to match the existing building facades, ensuring that the WCF remains in a stealth design which is consistent with the design guidelines contained within City Council Policy No. 64. General 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. CUP 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C March 14, 2024 Pa e 3 Conditions: 1. Approval is granted for CUP 2023-0003 as shown on Exhibits "A" -"V" dated March 14, 2024, 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 ofthe 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. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2023-0003 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. 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 Sl:!ction 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 9 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. CUP 2023-0003 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 CUP 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C March 14, 2024 Pa e 4 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 March 14, 2024, through March 14, 2034. 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 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 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)(1); 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 CUP 2023-0003 {DEV2023-0012) -DISH WIRELESS SDSAN00082C March 14, 2024 Pa e 5 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. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Fees/ Agreements 15. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private fiber optic facilities located over an existing public utility and access easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Public Works Utilities: 16. Developer shall install caution signage (Aluminum S-1126, 10"x14", or equal) on either end of Fiber Optic bore encroachment, identifying buried fiber optic alignment and stating, "Buried Fiber Optic: Contact City of Carlsbad Utilities Department begore digging". Fire Department: 17. Installation of any battery systems will require a submittal to the Fire Department for technical review, and permit issuance for a battery system in accordance with the California Fire Code. Code Reminders: 18. 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 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C March 14, 2024 Page 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 $900. 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 Edward Valenzuela at 442-339-2624. Sincerely, CLIFF JONES Principal Planner CJ:EV:mh c: Dish Wireless, LLC, 16812 Armstrong Avenue, Irvine, CA 92606 Ralphs Grocery Company, 1100 West Artesia Boulevard, Compton, CA 90220. Nichole Fine, Project Engineer Laserfiche/File Copy '