HomeMy WebLinkAboutMCUP 13-03; T-Mobile The Islands; Conditional Use Permit (CUP) (4)-~ 4~~ CITY OF
VcARLSBAD
Community & Economic Development
March 4, 2013
Mitchell J Architecture
Attn: Lynnea Barrett
4883 Ronson Ct., Ste. N
San Diego, CA 92111
www.carlsbadca.gov
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 13-03 -T-MOBILE THE ISLANDS -
Request for approval of a Minor Conditional Use Permit (MCUP 13-03, replacing expired MCUP 07-01)
to allow the continued operation and minor modification (replacement antennas) of an existing wireless
communication facility at 5814 Van Allen Way, in the Heavy Commercial (C-M) Zone and Local Facilities
Management Zone 5.
Dear Ms. Barrett,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP
13-03 for the continued operation and minor modification of an existing wireless communication facility
at 5814 Van Allen Way, that was originally approved through MCUP 07-15 and expired on March 5,
2012. 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 19, 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 use is
consistent with the General Plan in that the Planned Industrial (PI) Land Use designation and
the Carlsbad Research Center Specific Plan SP 180(H) 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 (industrial zone) and has a stealth design in that the replacement
antennas are located behind RF screen walls which are stucco finished to match the existing
building. The equipment room is located on the ground floor at the northwest corner of the
property and is designed to integrate with the existing building material and color. 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
MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 2
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 {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 and the
replacement antennas are located behind RF screen walls which are stucco finished to match
the existing building. The WCF use is not precluded by the project site's underlying C-M
zoning or the Carlsbad Research Center Specific Plan 180{H). 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.
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 behind RF transparent screen walls which are stucco finished to match the existing
building, and the equipment room, which is located on the ground floor at the northwest
corner of the property, is designed to integrate with the existing building materials and color.
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 (Industrial 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 completely
hidden behind RF transparent screen walls which are stucco finished to match the existing
building, and the equipment room, which is located on the ground floor at the northwest
corner of the property, is designed to integrate with the existing building materials and color.
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 CEQA
Guidelines. 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 13-03 as shown on Exhibits "A"-"F" dated March 4, 2013 on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 3
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 MCUP 13-03 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 5 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
7. MCUP 13-03 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.
MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 4
8. This Conditional Use Permit is granted for a period of 10 years from March 4, 2013 through
March 3, 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 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 (G) 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:
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
MCUP 13-03-T-MOBILE THE ISLANDS
March 4, 2013
Page 5
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 ofthe above requirements.
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 Austin Silva at (760) 602-4631.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:bd
c: Berdan Holding, LLC, 501 Spectrum Circle, Oxnard, CA 93030
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Principal Planner
Project Engineer
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