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HomeMy WebLinkAboutMCUP 10-22; SD35XC126B Tamarack; Conditional Use Permit (CUP)CITY °F ^(CARLSBAD Planning Division www.carlsbadca.gov January 26, 2011 Sprint Nextel Sprint Site ID: SD35XC126-B Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 10-22 - SD35XC126B TAMARACK - Request for approval of a Minor Conditional Use Permit (MCUP 10-22; replaces CUP 00-04x1) to allow the continued operation and maintenance of an existing Wireless Communication Facility (WCF) consisting of 3 antennas and associated equipment within a rooftop tower of a commercial building at 1050 Auto Center Drive, in the Regional Commercial (R) land use designation, General Commercial - Qualified Development Overlay (C-2-Q) Zone and Local Facilities Management Zone 3. Dear Denise Scott, The City Planner has completed a review of the application submitted by Sprint Nextel, herein referred to as "Applicant/Operator", for a Minor Conditional Use Permit MCUP 10-22 for the continued operation and maintenance of an existing Wireless Communication Facility at 1050 Auto Center Drive. 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 November 30, 2010). After careful consideration of the circumstances surrounding this request, the City Planner has determined that all the necessary findings, including the four 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 because of the demand for digital communications and data transmissions and the benefits such facilities provide to businesses, individuals, public agencies and emergency services; (b) the proposed use is consistent with the General Plan and the Car Country Specific Plan (SP 19C) in that the Regional Commercial (R) Land Use designation and SP 19C do not preclude the provision of Wireless Communication Facility (WCF) uses. The proposed WCF has a stealth design and is located in a preferred non- residential location (commercial zone), pursuant to Location Guideline A.1.a of City Council Policy No. 64. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 10-22 - SD35XC126B TAMARACK January 26, 2011 Page 3 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 Applicant/Operator 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 Applicant/Operator to make, all corrections and modifications to the MCUP 10-22 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 Applicant/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) Applicant/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 Applicant/Operator shall comply with all applicable provisions of federal, state, and local ordinances in effect on the date of this letter. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan. 7. MCUP 10-22 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 MCUP 10-22 - SD35XC126B TAMARACK January 26, 2011 Page 5 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 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 Corey Funk at (760) 602-4645. DAVID de CORDOVA Principal Planner DD:CF:sm c: Helix Land Co. Ltd., Attn: Gregory T. Lambron, PO Box 15453, San Diego, CA 92175 Sprint/Ericsson Network Advantage, Attn: Denise Scott, 6125 Lakeview Road, Suite 100, Charlotte, NC 28269 Don Neu, Planning Director Michele Masterson, Sr. Management Analyst David Rick, Associate Engineer File Copy Data Entry/DMS