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HomeMy WebLinkAboutMCUP 10-07; CA-SDG5664 Remax Building; Conditional Use Permit (CUP)«CITY OF CARLSBAD%a< / C. C % fc™a*5nriF l*X? f £ Eos*?- Planning Division www.carlsbadca.gov August 17, 2010 Clear Wireless, LLC c/o M&M Telecom, Inc. Attn: Danielle Goldman PO Box 55 Poway, CA 92074 SUBJECT: MCUP 10-07 - CA SDG5664 REMAX BUILDING The Planning Director has completed a review of the application for a Minor Conditional Use Permit No. MCUP 10-07 - CA SDG5664 REMAX BUILDING requesting the installation, operation, and maintenance of a Wireless Communication Facility (WCF) for Clearwire consisting of (6) WiMax panel antennas, (6) DAP head units, (3) directional units, and (1) equipment cabinet located behind an existing RF transparent parapet wall and a proposed radio frequency (RF) friendly screen wall enclosure designed with a 4 hipped roof and asphalt shingles to match the roof of the commercial (REMAX) building at 1265 Carlsbad Village Drive Carlsbad, CA 92008. The project site is located at 1265 Carlsbad Village Drive, in the Residential Professional Qualified Development Overlay (R-P-Q) Zone in Local Facilities Management Zone 1 (APN 158-180-21-00). A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the 10 day noticing period (June 25, 2010) and a request for an informal hearing was filed. On July 27, 2010, the Planning Division held an informal hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the informal hearing, a review of the facts set forth in the application and a review of the application's consistency with the City Council Policy 64 "Wireless Communications Facility," and Minor Conditional Use Permit Ordinance (Title 21 Section 21.42), as well as all other applicable City ordinances and policies, the Planning Director has determined that the findings required for granting a Wireless Communication Facility through 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 a) the use is necessary and desirable for the development of the community because of the benefit and demand for digital communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the existing use is consistent with the General Plan in that the O (Office) General Plan Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (office building within an Office Land Use Designation) and has a stealth design. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. The applicant 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MCUP 10-07 - CA SDG'5664 REMAX BUILDING August 17, 2010 Page 2 has submitted information concerning coverage objectives and alternative sites considered. The project site complies with applicable requirements while still meeting coverage objectives. 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 WCF is located within a preferred location as listed in Location Guidelines A.1.b of Gity Council Policy No. 64 (Office Building) and all aspects of the WCF exhibits stealth design and is completely screened from public view. The WCF use is not precluded by the project site's Residential Professional - Qualified Development (R-P-Q) zoning. Furthermore, the placement of the antennas and associated WCF equipment on the rooftop will not result in any additional building coverage, does not visually impact the existing site or building design since it has been designed to blend in with the building architecture, and the WCF does not interfere with nor is it visible to other surrounding uses. The project has been conditioned to comply with FCC RF Exposure Guidelines within six months after the issuance of occupancy. 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 proposed antennas are located on the rooftop of an existing office building (REMAX Building) behind an existing RF transparent roof parapet and within a proposed RF-friendly screen wall enclosure. When completed, the installation of the new antennas and associated WCF equipment will not impact the appearance of the building as the antennas, and equipment are fu|ly concealed behind the existing parapet and the proposed RF-friendly screen wall enclosure designed with a roof to match the existing roof, which shall further blend in with the office building architecture. \\ 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the proposed WCF requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that it meets all required guidelines including the following: a. The project meets all applicable location guidelines in that the project site is located within a "preferred" location (an existing office building within the Office General Plan Land Use Designation). b. The project meets all applicable design guidelines in that the WCF exhibits "stealth" design by proposing the antennas and associated equipment fully screened behind an existing RF transparent roof parapet and by a proposed RF-friendly screen wall enclosure designed with a rooftop that is textured to match the existing office building. The height of the proposed RF-friendly screen wall enclosure exceeds the maximum 35' height requirement of the R-P (Residential Professional) zone at a proposed height of 35'-5" from finish grade and 45'-9" from ground (parking) level. The height protrusion is an allowed protrusion with the approval of a Minor Conditional Use Permit pursuant to Section 21.42.140(A). The increased height is required to achieve the facility's coverage objectives, MCUP 10-07-CASDG5664 Rfc.viAX BUILDING V August 17, 2010 Page 3 specifically to the east, south and west, and to properly enclose the antennas with a roof that is designed to match the existing roof of the office building. The proposed WCF antennas and associated mountings do not project outward more than 18 inches from the face of the building and is setback from the adjacent residential zone to the south of the building by approximately 56'-4" which exceeds the minimum setback distance that is equal to the above-ground height of the antennas (32'-2" from finish grade and 42'-6" from ground (parking) level). c. The project meets all performance guidelines in that all proposed equipment has been designed to operate consistent with the City noise standards. An Acoustical Report - CA-SDG5664C REMAX dated August 12, 2010 prepared by SSA Acoustics, LLP demonstrates that the operation of the facility will not generate noise that exceeds City Standards. The WCF has been conditioned for maintenance compliance and for compliance with the Federal Communications Commission (FCC) Radio Frequency (RF) exposure guidelines. 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(e) - (Additions to Existing Facilities), of the state CEQA Guidelines. Additionally, as Clearwire 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. 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: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. Planning: 1. Approval is granted for MCUP 10-07 - CA SDG5664 REMAX BUILDING as shown on Exhibits "A-G" dated August 16, 2010 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. X MCUP 10-07 - CA SDG5664 REMAX BUILDING ~ • s August 17, 2010 Page 4 3. 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5. MCUP 10-07 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 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. 6. This Conditional Use Permit is granted for a period of ten. (10) years from August 16, 2010 to August 15, 2020. 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 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. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 property. 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 Developer or successor in interest. MCUP .10-07 - CA SDG5664 R,_W!AX BUILDING August 17, 2010 Page 5 8. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 9. 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 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 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 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. 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. Except in an emergency posing an immediate public health and safety threat, maintenance activities in or within 100 feet of a residential zone should only occur between 7 AM (8 AM on Saturdays) and sunset. Maintenance should not take place on Sundays or holidays. 12. All facilities and related equipment should be maintained in good condition and free from trash, debris, graffiti, and any form of vandalism. Damaged equipment should be replaced promptly. Engineering: 13. Developer shall comply with the City's Storm water Regulations, latest version, and 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 prevent 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 storm water, receiving water or storm water conveyance system to the maximum extent practicable. Code Reminder: 14. 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. MCUP 10-07 - CA SDG5664 REMAX BUILDING August 17, 2010 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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. 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 Shelley Glennon at (760) 602-4625. DONNEU, AICP City Planner DN:SG:sm c: City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry Interested Parties