HomeMy WebLinkAboutMCUP 11-03; AT&T Westbluff LTE; Conditional Use Permit (CUP)d~A_ CITY OF
VcARLSBAD
Planning Division
August 8, 2011
Plancom, Inc.
Attn: Krystal Patterson
302 State Place
Escondido, CA 92029
www.carlsbadca.gov
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 11-03-AT&T WESTBLUFF
LTE-Request for approval of a Minor Conditional Use Permit (MCUP 11-03; replaces CUP 05-
1 0) to allow the extension, continued operation and minor redesign of a wireless
communication fadlity located at 6986 El Camino Real, in the C-1-Q Zone and Local
Facilities Management Zone 6.
Dear Ms. Patterson,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 11-03 for the extension and continued operation of a redesigned wireless
communication facility located at 6986 El Camino Real. The existing WCF consists of 6 four-
foot tall panel antennas, although the WCF was approved for 12 antennas under CUP 05-10.
The proposed WCF consists of the removal of 6 four-foot tall panel antennas and the
construction of 12 six-foot tall panel antennas mounted behind RF transparent screens. 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 August 3, 2011 ). A request for an Administrative Hearing was not filed. After
careful consideration 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 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 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 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. The
existing WCF includes antennas mounted on the south and east facing walls of a
commercial building just below the roof line. To minimize their visibility, the
MCUP proposes to further stealth the new antennas behind screens that are
painted and textured to match the building. The WCF is consistent with City
Council Policy No. 64, Wireless Communication Facilities in that it is in a
~~'-------------------------------------------------------------------
;: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 11-03 -AT&T WESTBLUFF LTE
August 8, 2011
Page2
preferred commercial zone location and has a stealth design. The project's
location and stealth design also enable the project to 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 (Commercial zone) as listed in
Location Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects
of the WCF exhibit stealth design and are completely hidden behind screen walls
which are constructed of radio frequency (RF) transparent screen material that is
textured and painted to match the existing building, as well as the equipment
cabinets located entirely within a leased commercial suite on the property. The
WCF use is not precluded by the project's Neighborhood Commercial (C-1-Q)
zoning. Furthermore, the placement of the antennas behind RF transparent
screen blend in with the building architecture and do not visually impact the
existing site or building design and do not interfere with nor are visible to other
surrounding uses, and will not result in any additional building coverage. 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 WCF is existing and the proposed redesign, although
adding antennas, will reduce its visibility. The original approval of the conditional
use (CUP 05-10) was granted on January 4, 2006.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the unmanned WCF use requires, on
average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located
in a preferred location (Commercial zone) as listed in Location Guideline A.1.b. of
City Council Policy Statement No. 64 and exhibits stealth design, as the antennas
are completely hidden behind RF transparent screen material that is textured and
painted to match the existing building. The equipment cabinets are located within
a lease space in the building and therefore exhibit a stealth design.
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 -Existing
Facilities, of the state CEQA Guidelines. Additionally, as the WCF must comply with
FCC regulations, radio frequency emissions from the existing 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 11-03-AT&T WESTBLUFF L TE
August 8, 2011
Page 3
7. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this approval, 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:
Planning:
1. Approval is granted for MCUP 11-03 -AT&T Westbluff L TE as shown on Exhibits "A"
-"F" dated July 19, 2011 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. 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.
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 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 11-03 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
MCUP 11-03-AT&T WESTBLUFF L TE
August 8, 2011
Page4
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.
8. This Minor Conditional Use Permit is granted for a period of ten (10) years from August
8, 2011 through August 7, 2021. 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 (1 0) 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.
9. 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.
10. The 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 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.
11. 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
MCUP 11-03 -AT&T WESTBLUFF LTE
August 8, 2011
Page 5
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.
12. 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.
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, 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:
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.
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
MCUP 11-03 -AT&T WESTBLUFF LTE
August 8, 2011
Page 6
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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$598.50. 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 Gina Ruiz at (760)
602-4675.
Sincerely, ~De~
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: Alpaca Properties, LLC, 3550 Camino Del Rio North., Suite 200, Carlsbad, CA. 92108
Chris DeCerbo, Principal Planner
Van Lynch, Senior Planner
David Rick, Associate Engineer
Michele Masterson, Senior Management Analyst
File Copy
DMS/Data Entry