HomeMy WebLinkAboutMCUP 12-05; Sprint Four Seasons Site; Conditional Use Permit (CUP)Community & Economic Development www.carlsbadca.gov
June 7, 2013
Sprint
c/o Alcatel-Steve Layman
Ste#400
9605 Scranton Rd
San Diego CA 92121
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-05 -SPRINT FOUR SEASONS SITE -
Request for approval of a Minor Conditional Use Permit (MCUP 12-05; replaces expired MCUP 07-12) to
allow the continued operation and-minor modification (replacing thre"panel antennas-with three new panel
antennas and installing a new battery cabinet and MMBTS cabinet) to an existing wireless communication
facility located at 7100 Aviara Resort Drive, in the Planned Community (P-C) zone, with an underlying
Commercial/Tourist (C-T) zone per Master Plan 177 and Local Facilities Management Zone 19.
Dear Mr. Layman,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 12-05
for the continued operation and minor maintenance (replacing three panel antennas with three new panel
antennas and installing a new battery cabinet and MMBTS cabinet) to an existing Wireless Communication
Facility (WCF) located at 7100 Aviara Resort 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 May 24, 2013). 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 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 modified WCF use is consistent with the
General Plan in that the Travel/Recreation Commercial (TR) Land Use designation and the Aviara
Master Plan MP 177 does not preclude the provision of Wireless Communication Facility (WCF)
uses. The modified WCF is consistent with City Council Policy No. 64, Wireless Communication
Facilities, in that it is in a preferred non-residential location (commercial zone) and has a stealth
. design in that the replacement antennas are located within a faux chimney behind RF screen walls
which are stucco finished to match the existing building. The modified equipment cabinets are
located within the building. The project's location and stealth design comply with-General Plan
objectives that seek to maintain and enhance Carlsbad's appearance.
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
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June 7, 2013
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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 modified WCF is located within a
preferred non-residential location {commercial zone) as listed in Location Guideline A.1.a. of City
Council Policy Statement !\lo. 64, and all aspects of the WCF exhibit stealth design and the
replacement antennas are located within a faux chimney behind RF screen walls which are stucco
finished to match the existing building and the modified equipment cabinets are located within
the building. The WCF use is not precluded by the project site's underlying C-T zoning or the
Aviara Master Plan MP 177. Furthermore, the modification to the WCF will not result in any
additional building coverage, does not visually impact the existing site or building design, as the
antennas are located behind RF screen walls which blend in with the existing architecture and the
modified equipment cabinets are located within the building.
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 replacement antennas are located within a
faux chimney behind RF transparent screen walls which are stucco finished to match the existing
building, and the modified equipment cabinets are located within the building. The minor
modifications are designed to blend in with the existing building and will not impact the
appearance of the building.
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 modified 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.a. of City Council Policy Statement
No. 64 and exhibits stealth design, as the replacement antennas are located within a faux chimney
and completely hidden behind RF transparent screen walls which are stucco finished to match the
existing building, and the modified equipment cabinets are located within the building.
6. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary of 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 CEOA Guidelines. In making
this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEOA 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 12-05-SPRINT FOUR SEASONS SITE as shown on Exhibits "A"-"K"
dated June 7, 2013 on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
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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 19 Local Facilities Management Plan and any amendment made to that Plan prior to the
issuance of building permits.
7. MCUP 12-05 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 b.e 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 ten (10) years from June 7, 2013 through June
6, 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
MCUP 12-05-SPRINT FOUR SEASONS SITE
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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 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. 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. 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)(l); 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:
13. 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.
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Code Reminders:
14. 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.
15. 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 $638.00. 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 Chris Sexton at
(760) 602-4624.
Sincerely,
~ kWk
CHRIS DeCERBO
Principal Planner
CD:CS:bd
c: Suresite, Ed Gala, 20612 Kelvin Lane, Huntington Beach CA 92646
Don Neu, City Planner
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
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