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HomeMy WebLinkAboutMCUP 10-08; CA-SDG5203 Cassia Pro Offices; Conditional Use Permit (CUP)CIT Y OF Planning Division www.carlsi3adca.gov August 19, 2010 Mike Morganson Ste3 7578 Gibraltar St Carisbad CA 92009 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-08 - CA-SDG5203 CASSIA OFFICES - Request for approval of a Minor Conditional Use Permit (MCUP 10-08) to allow the installation, operation; and maintenance of a Wireless Communication Facility (WCF) for Clearwire consisting of (6) wimax panel antennas, (6) remote radio units and (3) directional antennas, mounted inside a faux cupola which will be textured and painted to match the existing office building. One (1) outdoor cabinet with GPS antenna attached and one (1) step down transformer will be located behind an existing parapet wall on property located at 2020 Cassia Road, in Local Facilities Management Zone 10. Dear Mike Morganson, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 10-08 - CA-SDG5203 CASSIA OFFICES for the .installation, operation, and maintenance of a Wireless Communication Facility located at 2020 Cassia Road. 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 ten day notice period (ending on July 21, 2010) and a request for an Administrative Hearing was filed. On August 5, 2010, the Planning Director held'an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the public testimony presented at the Administrative Hearing, a review of the facts set forth in the application and a review of the application's consistency with City Council Policy No. 64, the Planning Director 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 (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 proposed use is consistent with the General Plan in that the Office and Related Commercial (O) Land Use designation does not preclude the provisions of WCF uses. The proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (Office zone) and has a stealth design. The 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 10-08 - CA-SDGS^uJ - CASSIA PRO OFFICES August 19, 2010 Page 2 project's location and stealth design comply 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 proposed WCF is located within a preferred location (Office zone) as listed in Location Guideline A.1.c. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design as the antennas will be located behind a faux cupola designed with a matching tile roof and painted and textured to match the existing building. Furthermore, the placement of the antennas inside of a faux cupola and the equipment cabinet behind an existing parapet wall will not result in any additional building coverage, does not visually impact the existing site or building design as the antennas and equipment are designed to blend in with the building architecture, and not interfere with nor are they visible to other surrounding uses. The project has been conditioned to comply with FCC RF 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 Planning Director in order to integrate the use with other uses in the neighborhood in that the proposed antennas are located within a faux cupola on the rooftop of an existing office building, designed with matching tile roof and painted and detailed to match the existing office building and the equipment cabinets are located behind an existing parapet wall. The placement of the antennas within a faux cupola and associated WCF equipment behind an existing parapet will not impact the appearance of the building as the antennas and equipment are designed to blend in with the existing office building architecture to the greatest extent feasible. 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 existing and proposed WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (Office zone) as listed in Location Guideline A.1.c. of City Council Policy Statement No. 64 and exhibits stealth design to the greatest extent possible, as the new antennas are located behind a new faux cupola and the equipment cabinet is located behind an existing parapet wall. 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. 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. MCUP 10-08 - CA-SDG5L . - CASSIA PRO OFFICES August 19, 2010 Page 3 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 10-08 - CA-SDG5203 CASSIA PRO OFFICES as shown on Exhibits "A" - "G" dated August 19, 2010 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 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 Minor Conditional Use Permit 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. 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 Section 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. 5. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of the site plan reflecting the conditions approved by the final decision-making body. 6. 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. MCUP 10-08 - CA-SDG5kuJ - CASSIA PRO OFFICES August 19, 2010 . Page 4 7. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 8. This project shall-comply with all conditions and mitigation measures, which are required as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. MCUP 10-08 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. 10. This Conditional Use Permit is granted for a period of ten (10) years from August 19, 2010 through August 18, 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. 11. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 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. 12. 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 MCUP 10-08 -CA-SDGsL >- CASSIA PRO OFFICES 'v..../ August 19, 2010 Page 5 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. ' 13. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 14. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 15. 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. Engineering: 16. Developer shall comply with the City's Stormwater 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 stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 17. 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 10-08-CA-SDG52U3-CASSIA PRO OFFICES August 19, 2010 Page6 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 $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 Chris Sexton at (760) 602-4624. Sincerely, CHRIS DeCERBO Principal Planner CD:CS:bd Amherst Properties, Inc., c/o O'Day Consultants, 2710 Loker Avenue West, Suite 100, Carlsbad CA 92010 Clearwire, 4400 Carillon Point, Kirkland WA 98033 Lynn A. Yut, D.V.M., 2010 Cassia Rd. #100, Carlsbad CA 92009 Don Neu Chris DeCerbo, Principal Planner Christer Westman, Associate Planner Mike Peterson, Development Services Manager Glen Van Peski, Senior Civil Engineer David Rick, Associate Engineer File Copy Data Entry