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HomeMy WebLinkAboutMCUP 10-20A; AT&T SD0344 LTE Modification; Conditional Use Permit (CUP)4~.A._ C I T Y 0 F VcARLSBAD Community & Economic Development September 11, 2013 M&M Telecom, Inc. Attn: Ms. Debbie Leung 6886 Mimosa Drive Carlsbad, CA 92011 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 10-ZO(A) -AT&T SD0344 LTE MODIFICATION-Request for approval of a Minor Conditional Use Permit Amendment to modify an existing AT&T Wireless Communications Facility (WCF) and allow for the demolition of an existing rooftop antenna equipment structure containing a total of 9, 4-foot-tall AT&T panel antennas located at Life Technologies and replace the structure with 12, 8-foot-tall fa~ade-mounted directional panel antennas located behind three RF antenna screens which will be textured and painted to match the existing stucco color of the building. In addition, accessory-related wireless communication equipment is proposed to be attached to the interior facade of the existing building parapets and an upgrade to the equipment room (no additional square footage) located within the existing building is proposed. The Life Technologies property is generally located at the northeast terminus of Newton Drive and is addressed as 5823 Newton Drive in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. Dear Ms. Leung, The City Planner has completed a review of your application for a Minor Conditional Use Permit Amendment, MCUP 10-ZO(A)-AT&T SD0344 LTE MODIFICATION to modify an existing AT&T Wireless Communications Facility (WCF) and allow for the demolition of an existing rooftop antenna equipment structure containing a total of 9, 4-foot-tall AT&T panel antennas located at Life Technologies and replace the structure with 12, 8-foot-tall fa~ade-mounted directional panel antennas located behind three RF antenna screens which will be textured and painted to match the existing stucco color of the building. In addition, accessory-related wireless communication equipment is proposed to be attached to the interior facade of the existing building parapets and an upgrade to the equipment room (no additional square footage) located within the existing building is proposed. 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 February 3, 2012). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit Amendment 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 · . · . Planning Division ~~·----~-----------------------------------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION September 11, 2013 Pa e 2 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 Planned Industrial {P-M) land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is located in a preferred non-residential location (i.e., industrial zone) and exhibits a 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 be located in that the WCF is located within a preferred non-residential location (i.e., industrial zone) as listed in location Guideline A.1 (a) of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design as the proposed antennas (total of 12, 8'-tall antennas; 4 per sector) will be completely hidden behind a total of three RF transparent screens which will be textured and painted to match the existing stucco color of the building. The WCF use is not precluded by the project site's Planned Industrial {P-M) Zone. Furthermore, the installation of 12 antennas behind RF screens will not result in any additional building coverage and will be attached to elevations which are not visible from Newton Way (i.e. least visible to the public) and least disruptive to the appearance of the host property. As an existing rooftop equipment structure will be removed as part of MCUP 10-20{A), the views of the WCF from adjacent properties will be improved. In addition, 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 City Planner in order to integrate the use with other uses in the neighborhood in that the proposed antennas (total of 12, 8'-tall antennas; 4 per sector) will be mounted behind three RF transparent screens which will be textured and painted to match the existing stucco color of the life Technologies building. In addition, the existing equipment structure located within the building will be upgraded. As the equipment structure is located interior to the building and the RF screens will be mounted to the facades of the building, the setbacks, existing landscaping and parking on-site will not be impacted. As an existing rooftop equipment structure with 9, 4-foot-tall panel antennas will be removed as part of the MCUP Amendment, MCUP 10-20(A), the views of the WCF from adjacent properties will be improved. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the modified WCF requires, on average, only 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 existing WCF is consistent with City Council Policy No. 64 in that the WCF is located within a preferred location {Planned Industrial Zone) as listed in Location Guideline A.l.a. of City Council Policy Statement No. 64, exhibits stealth design, and only minor alterations to the site are proposed to accommodate the use. The proposed equipment cabinet will be located MCUP 10-20(A) -AT&T SD0344 LTE MODIFICATION September 11, 2013 Pa e 3 within the existing building and the proposed twelve (12) antennas will be screened by an (RF) transparent screen material that is painted and textured to match the existing building. 6. That the City Planner 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 -(New Construction or Conversion of Small 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 City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner 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 10-20(A) -AT&T SD0344 LTE MODIFICATION, as shown on Exhibits "A-L" dated September 11, 2013 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 Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to MCUP 10-20(A) 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 Amendment, (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 MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION September 11, 2013 Pa e 4 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the (Site Plan) reflecting the conditions approved by the final decision-making body. 8. MCUP 10-20{A) shall be reviewed by the City Planner 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 City Planner 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 City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner 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. 9. This Conditional Use Permit is granted for a period of ten years from September 11, 2013 through September 10, 2023. 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 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. 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 MCUP 10-20(A)-AT&T SD0344 LTE MODIFICATION September 11, 2013 Pa e 5 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 Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Conditional Use Permit Amendment, MCUP 10-20(A), 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 City Planner 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 project within 24 months from the date of project approval. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 14. 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 City Planner 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 City Planner 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. 15. The RF screens for the panel antennas shall be painted and textured to match the existing building. Engineering: 16. The 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 control 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. MCUP 10-20(A) -AT&T SD0344 LTE MODIFICATION September 11, 2013 Pa e 6 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. 18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 $620.00. 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 is reached. If you have any questions regarding this matter, please feel free to contact Shannon Werneke at (760) 602-4621. Sincerely, ~DeCPJo CHRIS DeCERBO Principal Planner CD:SW:sm c: Wendell Bashneckle, Life Technologies, 5791 Van Allen Way, Carlsbad, CA 92008 Joseph Palma, Black & Veach Corporation, 10089 Willow Creek Road, Suite 350, San Diego, CA 92131 Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy OMS/Data Entry