HomeMy WebLinkAboutMCUP 12-03; Olivenhain PCS SD03XC183; Conditional Use Permit (CUP)MCUP 12-03-OLIVENHAIN PCS SD03XC183
October 16, 2012
Pa e 2
not result in any additional building coverage, does not visually impact the existing site or building
design as the box screen enclosures are designed so that they blend in with the building
architecture. 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 all of the proposed replacement antennas are
mounted behind box screen enclosures and the equipment is located in an existing enclosure
outside the building. The minor modifications (removal of seven existing fa~ade mounted
antennas and the installation of 3 new 4G antennas on the fa~ade which are concealed behind
new box screen enclosures textured and painted to match the building's architectural columns)
will not impact the appearance of the building as the RF panel screens are designed to blend in
with the existing building texture and color.
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, one monthly maintenance
visit and occasional visits in response to operational problems.
5. That the existing and proposed WCF is consistent with City Council Policy No. 64 in that it is located
in a preferred location (Office Zone) as listed in Location Guideline A.l.c of City Council Policy
Statement No. 64 and exhibits stealth design, as the three replacement antennas are mounted
behind box screen enclosures textured and painted to match the building thereby exhibiting
stealth d~sign techniques. The equipment is located in an existing enclosure outside the building
that is textured and painted 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 15301 -(Existing Facilities), of the state CEQA Guidelines.
Additionally, as AT&T Mobility 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, hereby finds, in this case that the exactions are imposed to mitigate.the 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 12-03 as shown on Exhibits "A-J'' dated October 16, 20i2 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
.,
MCUP 12-03-OUVENHAIN PCS SD03XC183
October 16, 2012
Pa e 3
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 MCUP 12-03 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 11 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 12-03 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.
8. This Conditional Use Permit is granted for a period of 10 years from October 16, 2012 through
October 16, 2022. 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 (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
MCUP 12-03-OLIVENHAIN PCS SD03XC183
October 16, 2012
Pa e 4
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. 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 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.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
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 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.
Engineering:
12. 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.
Code Reminders:
13. 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.
14. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
. 18.04.320.