HomeMy WebLinkAboutMCUP 09-07; SD02436A T-MOBILE BRESSI RANCH; Conditional Use Permit (CUP) (2)
•
Cit of Carlsbad
November 18, 2009
Becky Siskowski
1747 Victoria Way
San Marcos, CA 92069
SUBJECT: NOTICE OF RESTRICTION — MCUP 09-07 — SD02436A T-MOBILE BRESSI
RANCH
Dear Applicant:
Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for
recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit No. MCUP
09-07. Please ensure the following items are addressed prior to returning the Notice of Restriction:
• Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the
State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the
acknowledgement. (Assembly Bill 886, Chapter 399))
1 Document must be properly notarized.
• Name on signature page and name on Notarial Acknowledgement must match.
1 Property owner's signatures/initials must be the same as on Notary Acknowledgement.
1 Notary Seal cannot be blurry/too light (County will not record the document if any portion
of the Notary Seal is blurry or too light)
• Include property owner's name in the designated space above the owner's signature.
• Please pay particular attention to the signature requirements at the bottom of the
signature page.
It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If
you have any questions or need additional assistance, please call Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.00v.
Sincerely,
7g0:4./L1
GINA RUIZ
Planning Technician II
c: Senior Management Analyst
File Copy
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
• • FILE COPY
Cit of Carlsbad 7
May 18, 2009
Becky Siskowski
1747 Victoria Way
San Marcos, CA 92069
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-07 — SD02436A T-
MOBILE BRESSI RANCH
Request for approval of a Minor Conditional Use Permit (MCUP) to allow the installation,
operation, and maintenance, of a Wireless Communication Facility (WCF) consisting of eight
(8) antennas located on the roof behind a new radio frequency panel (which replaces an
existing parapet wall) and three (3) equipment cabinets housed inside of a storage unit
within an existing self storage facility located at 2500 Campbell' Place, in the P-C Zone
(underlying P-M Zone per Master Plan 178) and Local Facilities Management Zone 17.
Dear Becky Siskowski,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit, MCUP 09-07 — SD02436A T-Mobile Bressi Ranch, for the construction of a wireless
communication facility located at 2500 Campbell Place. 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 May 12, 2009). 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 provides digital communications and data transmission abilities for
businesses, individuals, public agencies and emergency service systems in this
part of the City, and the Planned Industrial (PI) Land Use designation and Bressi
Ranch Master Plan (MP 178) do not preclude the provision of Wireless
Communication Facility (WCF) uses. The WCF will be located behind a new radio
frequency panel that will be of the same color, design, and height of the existing
parapet wall and the equipment cabinets will be housed within an existing storage
unit which is neither publicly accessible nor visible from surrounding properties.
The WCF is consistent with City Council Policy No. 64, Wireless Communication
Facilities, in that it is in a preferred location and is of a stealth design. The
project's location and stealth design also enable the project to comply with
General Plan objectives that seek to maintain and enhance Carlsbad's
appearance.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
• MCUP 09-07 — SD02436A T-MOBILE BRESS1 RANCH
May 18, 2009
Page 2
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
property is developed with a self storage facility and is otherwise restricted to the
development of Planned Industrial uses by MP 178 and the P-M Zone. The
proposed WCF will not result in any additional building coverage, only minor
alterations to the existing building design are required to accommodate the
proposed rooftop mounted equipment antennas, and the use does not interfere
with nor is it visible to other surrounding uses.
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 roof mounted antennas are located on an existing building behind a radio
frequency panel wall and the equipment cabinets are housed inside an existing
storage unit thus exhibiting a stealth design. The WCF will not change the
appearance of the self storage facility and only minor modifications will be
necessary to install the WCF. The proposed WCF complies with the development
standards of the underlying P-M Zone per Bressi Ranch Master Plan (MP 178).
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 requires, on average,
only one monthly maintenance visit and occasional visits in response to
operational problems.
5. That the proposed WCF is consistent with City Council Policy No. 64 in that it is located
in a Planned Industrial Zone on the existing Bressi Ranch Self Storage Facility.
The Policy identifies the City's Industrial Zones as preferred locations for WCF's.
Also, the antennas will be located behind a new radio frequency panel that will be
of the same color, design, and height of the existing parapet wall and the
equipment cabinets will be housed inside of an existing storage unit, all of which
are screened from public view which complies with the Policy's stealth guidelines.
Furthermore, the project has been conditioned to comply with the requirement to
maintain compliance with FCC RF Exposure Guidelines.
6. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is a use
that will not be impacted by airport operations since it is an unmanned facility and
the height of the WCF's equipment will not extend above the existing parapet wall
of the self storage facility.
7. 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(e) — Additions to
existing structures, of the state CEQA Guidelines. Additionally, as T-Mobile must
comply with FCC regulations, radio frequency emissions from the proposed facility are
below levels established as acceptable by the FCC, and are therefore not considered a
health hazard. 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.
MCUP 09-07 — SD02430T-MOBILE BRESSI RANCH
May 18, 2009
Page 3
8. 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 09-07 — SD02436A T-Mobile Bressi Ranch as shown on
Exhibits "A-F" dated April 27, 2009 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 thpir 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 09-07 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 (MCUP 09-07), (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 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 09-07 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
• MCUP 09-07 — SD02436A 1-MOBILE BRESSI RANCH
May 18, 2009
Page 4
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 Conditional Use Permit is granted for a period of ten (10) years from May 18, 2009
to May 17, 2019. 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 ten (10) years
upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant sucb-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.
9. Developer 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 Planning Director, 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 Planning
Director 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.
10. 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 from the date of this letter, and with any time extension or
amendment request, the Developer/Operator shall submit to the Planning Director 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 RE 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 Planning Director 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.
Sincerely,
11
ARY T. BARBERIO
Assistant Planning Director
MCUP 09-07 — SD024311)T-MOBILE BRESSI RANCH
May 18, 2009
Page 5
11. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Code Reminders:
12. 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.
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
$613.00 plus noticing fees. 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
Gina Ruiz at (760) 602-4675.
GTB:GR:It
c: VPI Bressi Storage, LLC., 8910 University Center Ln., Ste 630, San Diego, CA 92122
Christer Westman, Team Leader
Chris DeCerbo, Principal Planner
Mike Peterson, Development Services Manager
Frank Jimeno, Project Engineer
Glen Van Peski, Senior Civil Engineer
File Copy
Data Entry
• • FILE IcrOPY
Cit of Carlsbad
May 14, 2009
Becky Siskowski
1747 Victoria Way
San Marcos, CA 92069
SUBJECT: 1ST REVIEW FOR MCUP 09-07 — SD02436A T-MOBILE BRESSI RANCH
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Minor Conditional Use Permit, application no. MCUP 09-07, as to its
completeness for processing.
The application is complete, as submitted. Although the initial processing of your application
may have already begun, the technical acceptance date is acknowl6dged by the .date of this
communication. The City may, in the course of processing the application, request that you
clarify, amplify, correct, or otherwise supplement the basic information required for the
application. In addition, you should also be aware that various design issues may exist. These
issues must be addressed before this application is publicly noticed. The Planning Department
will begin processing your application as of the date of this communication.
Please contact your staff planner, Gina Ruiz, at (760) 602-4675, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerel
GARY T. BARBERIO
Assistant Planning Director
GTB:GR:It
c: VPI Bressi Storage, LLC., 8910 University Center Ln., Ste 630, San Diego, CA 92122
Christer Westman, Team Leader
Chris DeCerbo, Principal Planner
Mike Peterson, Development Services Manager
Frank Jimeno, Project Engineer
Glen Van Peski, Senior Civil Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
• • FIL1M
C t of Carlsbad
May 7, 2009
Becky Siskowski
1747 Victoria Way
San Marcos, CA 92069
SUBJECT: MCUP 09-07 — SD02436A 1-MOBILE BRESSI RANCH - CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS
DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the
City has determined the following:
The project is exempt from the provisions of CEQA; pursuant to C'EQA Guidelines Section
15301(e), Additions to existing structures. No environmental review is required for the
project.
However, the City is required to file a Notice of Exemption form with the County Clerk's Office.
The County requires a $50 filing fee, which the City collects from the applicant. Please submit
a check for $50 payable to San Diego County Clerk to Gina Ruiz, project planner.
For additional information related to this CEQA applicability/process determination, please
contact the project planner, Gina Ruiz, at (760) 602-4675 or gina.ruizcarlsbadca.us.
DON NEU
Planning Director
DN:GR:It
c: VPI Bressi Storage, LLC., 8910 University Center Ln., Suite 630, San Diego, CA 92122
Christer Westman, Team Leader
Chris DeCerbo, Principal Planner
Frank Jimeno, Project Engineer
Glen Van Peski, Senior Civil Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us