HomeMy WebLinkAboutMCUP 07-14; T-Mobile Wesloh Chevrolet; Conditional Use Permit (CUP)City of Carlsbad
Planning Department
December 28, 2007
Krystal Patterson
PlanCom Inc
302 State PI
Escondido Ca 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-14 - T-MOBILE
WESELOH CHEVROLET HUMMER - Request for the continued operation of a wireless
communication facility at 5335 Paseo Del Norte, in the C-2 Zone and Local Facilities
Management Zone 3.
Dear Krystal Patterson,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 07-14 for the continued operation of an existing wireless communication facility
WCF) located at 5335 Paseo Del Norte. 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 December 26, 2007).
After careful consideration of the circumstances surrounding this request, the Planning Director
has determined that the four 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 is consistent with the General Plan in that that Regional Commercial
(R) Land Use designation does not preclude the provision of WCF uses, nor is it
detrimental to permitted uses in the vicinity in that the WCF is located in an
existing commercial building, a preferred location, as identified in City Council
Policy No. 64, Wireless Communications Facilities.
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 will not result in any additional building coverage and there will be no
alterations to the existing site design.
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 Planning Director in order to integrate the use with other uses in the
neighborhood in that the WCF is existing and no modifications are being proposed
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
MCUP 07-14 - TMOBILE WESELOH CHEVROLET HUMMER
December 28, 2007
Page 2
and the continuation of the use will not significantly change the building
appearance. The original approval of the use was granted with approval of CUP
96-12 on November 6,1996.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the unmanned WCF use would require,
on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the continued operation of the WCF is located in a General
Commercial (C-2) Zone (a preferred location), the roof mounted antennas are
located behind a parapet wall and the equipment is painted to match the existing
structure. The project complies with all applicable design guidelines, in that the
facility is a stealth design.
6. That the Planning Director 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 facility,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
7. The Planning Director 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.
Conditions:
1. Approval is granted for MCUP 07-14 as shown on Exhibits "A" - "D" dated November
6, 1996 on file in the Planning Department 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.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 07-14 documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
MCUP 07-14 - TMOBILE WESELOH CHEVROLET HUMMER
December 28, 2007
Page 3
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. 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.
7. MCUP 07-14 shall be reviewed by the Planning Director 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 Planning Director 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 Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director 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 Minor Conditional Use Permit is granted for a period of 5 years from November 5,
2006 through November 4, 2011. 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 5
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Director 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 Planning Director may grant.
MCUP 07-14 - TMOBILE WESELOH CHEVROLET HUMMER
December 28, 2007
Page 4 _
Engineering:
9. Developer shall comply with the City's Stormwater Regulations. Developer shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to control
silt runoff during construction, general housekeeping practices, pollution prevention and
education practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water
or Stormwater conveyance system to the maximum extent practicable.
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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If
you have any questions regarding this matter, please feel free to contact Chris Sexton at (760)
602-4624.
Sincerely,
DON NEU
Planning Director
DN:CS:lt
David Rick, Project Engineer
File Copy
Data Entry
CUP 96-12 /