HomeMy WebLinkAboutMCUP 10-19; CA-SDG5616 CVS Pharmacy WCF; Conditional Use Permit (CUP)Vi
CARLSBAD
Planning Department www.carlsbadca.gov
WX
September 15, 2010
M&M Telecom, Inc
Attn: Danielle Goldman
6886 Mimosa Drive
Carlsbad, CA 92011
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-19J-JCA-SDG5616 CVS
PHARMACY WCF - Request for approval of a Minor CohditionarUse^^rTrTiF^MCUP 10-19) to
allow the installation, operation, and maintenance of a Wireless Communication Facility (WCF)
for Clear Wireless consisting of six (6) WiMax panel antennas, six (6) remote radio units, and
three (3) directional antennas located behind RF transparent screen walls and a new cupola
that are textured and painted to match the existing commercial building, and one (I) GPS
antenna and equipment cabinet located behind an existing parapet wall. The project site is
located at the CVS Pharmacy, at 7740 Rancho Santa Fe Road (Rancho La Costa Village
Shopping Center), in the C-L Zone and Local Facilities Management Zone 11.
Dear Ms. Goldman,
The Plaoning-Dir-ectothas-cornpleted-a^rev-iew_.of-your, application for a Minor Conditional Use
Permit MCUP 10-19 for the installation, operation, and maintenance of a WCF for Clear
Wireless located on the CVS Pharmacy at 7740 Rancho Santa Fe Road, consisting of six (6)
WiMax panel antennas, six (6) remote radio units, and three (3) directional antennas located
behind RF transparent screen walls and a new cupola that are textured and painted to match
the existing commercial building, and one (1) GPS antenna and equipment cabinet located
behind an existing parapet wall. 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 September 3, 2010). After careful
consideration of the circumstances surrounding this request arid the applications consistency
withrCity-Council- Policy Nor64,-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 Local Shopping Center (L) Land Use designation does
not preclude the provision of Wireless Communication Facility (WCF) uses, and
(c) the proposed WCF is consistent with City Council Policy No. 64, Wireless
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559
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MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF
September 15, 2010
Page 2 _
Communication Facilities, in that it is in a preferred location (Local Shopping
Center Zone) and that all of the antennas will be located behind RF transparent
screen walls and a new cupola that are textured and painted to match the existing
commercial building and one (1) GPS antennae and equipment cabinet are
located behind an existing parapet wall, thereby exhibiting stealth design. The
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 beJocated Jn4hat the proposed
WCF is located within a preferred location (C-L Zone) as listed in Location
Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects of the
in at aoHhentennas/vni beocated behind RF
transparent screen walls and a new^upola thaf are textured and~painted Ttb rriatch
the existing commercial building, and one (1) GPS antennae and equipment
cabinet are located behind an existing parapet wall. The WCF use is not precluded
by the project site's Local Shopping Center (L) land use designation and
furthermore, the proposed WCF will not result in any additional building
coverage, only minor alterations to the existing building design are required to
accommodate the new antennas and equipment cabinet. The project has also
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 WCF and equipment cabinet comply with all
development standards of the C-L Zone and all of the antennas will be located
behind ~RF~transparent screen walls- and ~a new cupola that are textured and
painted to match the existing commercial building, and one (1) GPS antennae and
equipment cabinet are located behind an existing parapet wall, thereby exhibiting
stealth design.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the WCF use generates very little traffic,
requiring only routine monthly maintenance visits and occasional visits in
response to operational problems. In addition, the existing street system is
adequate to properly handle any traffic generated by the use.
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the WCF is located in a preferred zone, the Local Shopping Center
Zone (C-L), and all of the antennas are concealed behind RF transparent screen
walls and a new cupola that will be painted and textured to match the existing
building surface. One GPS antenna and the equipment cabinet are roof mounted
and will be screened by the existing parapet and will not be visible from public
view. Furthermore, the applicant, as part of the application was required to
provide an updated RF study, which shows that the level of RF Emissions
exposure does not exceed applicable FCC Maximum Permissible Exposure limits
and, therefore, complies with the FCC RF Exposure Guidelines.
MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF
September 15, 2010
Page 3
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 15303 - (construction
and installation of small new equipment facilities or structures) - of the state CEQA
Guidelines. Additionally, as AT&T 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. Approval is granted for MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF as shown
on Exhibits "A - H" dated September 15, 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 MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF
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
MCUP 10-19 - CA-SDGbo16 CVS PHARMACY WCF
September 15, 2010
Page 4 _
(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 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 10-19 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
cdnditionaruse '"pleh^lt"lhn/vlidler"or~irrpartl 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 September
lTe^te^^ may" be7eVoked~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 _Commjssiojirna_y_nQt. grant such
extension7 unless It findslhat "there ~afe~ ho~substahtiaT negative~effects orf 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/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.
MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF
September 15, 2010
Page 5
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 Minor Conditional Use Permit.
10. 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.
11. Prior to the issuance of a Building Permit, owner/applicant shall submit to the City a
Notice~-of "Restriction to be filed ^in the-office of the County-Recorderr-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.
12. This approval shall become null and void if building permits are not issued for this
pj^ect_within 24 months from the date of project approval.
13. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Engineering:
14. 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±_generaj^ and
educational practices, maintenance procedures, and other^rnar^¥rfiervr~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:
15. 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.
16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code
Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits
authorized by Carlsbad Municipal Code Section 5.09.040.. Developer shall also pay
MCUP 10-19 - CA-SDG5616 CVS PHARMACY WCF
September 15, 2010
PageS .
any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter
21.90. All such taxes/fees shall be paid at issuance of building permit. If the
taxes/fees are not paid, this approval will not be consistent with the General Plan and
shall become void.
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 youHWJtast-thera^youjnusU^
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
City Planner until such time as a final decision on the appeal js. reached. If you have any
questions regarding this matter, please feel free to contact Dan Halverson at (760) 602-4631.
Sincerely, . ., .__..._ _ _. ' . ... •-;•.:
CHRIS DeCERBO
Principal Planner
CD:DH:sm
c: American Drug Stores, Inc., 5330 Carroll Canyon Road, Suite 200, San Diego, CA
92121
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
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