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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 c r 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 File Copy Data Entry