HomeMy WebLinkAboutMCUP 07-15; SD-428 Raceway Cellular; Conditional Use Permit (CUP) (2)FILE COPY
City of Carlsbad
Planning Department
November 15, 2007
CINGULAR WIRELESS
Kerrigan Daugherty
6925 Lusk Boulevard
San Diego, CA 92121
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-15 - Request for
the continued operation of a, wireless communications facility at 2714 Loker
Avenue West, in the PM Zone and Local Facilities Management Zone 5.
To Whom It May Concern,
i
The Planning Director has completed a review of your application for a Minor
Conditional Use Permit MCUP 07-15 for the continued operation of an existing wireless
communications facility at 2714 Loker Avenue West. 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 6, 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
the Planned Industrial (PI) 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.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
•'*"'" •MCUP 07-15 - CINGULAR WIRELESS
November 15, 2007
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 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 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 96-14 on December 4,1996.
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 the WCF is proposed in a
Planned Industrial (P-M) zone (a preferred location), the roof mounted
antennas are facade mounted and painted and textured to mimic the
existing brick facade, while the equipment is enclosed by an equipment
enclosure painted and textured to match the existing structure. The WCF is
located in a preferred location in the Planned Industrial (P-M) zone and the
existing 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 07-15 as shown on Exhibit "A-Q" dated October
2, 2007 on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
MCUP 07-15 - CINGULAR WIRELESS
November 15, 2007
Page 3
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 07-15 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. This project shall comply with all conditions and mitigation measures, which are
required as part of the Zone 5 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
7. MCUP 07-15 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
MCUP 07-15 - CINGULAR WIRELESS
November 15, 2007
Page 4
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 6, 2007 through November 6, 2012. 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 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 Planning Commission may
grant.
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 educational 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.
Fire:
1. This approval is for the continued use of this building as a cellular
communications site and not for construction.
MCUP 07-15 - CINGULAR WIRELESS
November 15, 2007
PageS
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 Dan Halverson at (760) 602-4631.
Sincerely,
DON NEU
Planning Director
DN:DH:lt
c: Team Leader: Barberio
Project Engineer: Levy
File Copy.
Data Entry
Cc: Forrest W. Brehm
2714 Loker Avenue West #300
Carlsbad, CA 92010