HomeMy WebLinkAboutMCUP 14-16; AT&T Mobility SD0728; Conditional Use Permit (CUP)(~CITY OF ~~~CARLSBAD
Community & Economic Development www.carlsbadca.gov
December 16, 2014
Margie Sullivan
PlanCom, Inc
302 State Place
Escondido, CA 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT/COASTAL DEVELOPMENT PERMIT NOS. MCUP 14-
16/CDP 14-28-AT&T MOBILITY SD0728-Request for approval of a Minor Conditional Use
Permit (MCUP 14-16) and a Minor Coastal Development Permit (CDP 14-28} to allow for the
installation and operation of a new wireless communication facility (WCF) at 1810 Marron
Road, in the General Commercial, Qualified Development Overlay Zone (C-2-Q) and Local
Facilities Management Zone 1.
Dear Ms. Sullivan,
The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP
14-16) and Minor Coastal Development Permit (CDP 14-28) for a new wireless communication facility
consisting of 12 panel antennas inside a proposed tower element behind radio frequency (RF) transparent
screening material and associated equipment located within an existing building located at 1810 Marron
Road. A notice was sent to property owners within a 300' radius of the subject property and occupants
within 100' of the subject property requesting comments regarding the above request. No comments
were received within the ten day notice period (ending on November 23, 2014). After careful
consideration of the circumstances surrounding this request, the City Planner has determined that the
findings required for granting a Minor Conditional Use Permit and Minor Coastal Development 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 proposed use is consistent with the General Plan in
that the Regional Commercial (R) Land Use designation does not preclude wireless communication
facility (WCF) uses; and (c) the proposed WCF is consistent with City Council Policy No. 64, Wireless
Communication Facilities, in that the twelve (12) panel antennas will be located in a proposed tower
element and behind walls made of Radio Frequency (RF) transparent material that will be textured
and painted to match the existing building fa~ade. In addition, the equipment will be located inside
the existing building below the proposed tower element. The project's location and stealth design
comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance.
· · . Planning Division
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December 16, 2014
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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 proposed WCF is located within a preferred
non-residential location (Commercial Zone) as listed in Location Guideline A.l.b. of City Council
Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and will be completely
hidden inside a proposed tower element and behind walls constructed of radio frequency (RF)
transparent screen material that is textured and painted to match the existing building and the
equipment will be located inside the existing building below the proposed tower element. The WCF
use is a conditionally permitted use within the General Commercial with a Qualified Development
Overlay (C-Z-Q) zone. Furthermore, the placement of the antennas behind RF transparent screens
in a new tower element blends in with the building architecture and does not visually impact the
existing site or building design and does not interfere with nor are readily 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 City Planner in order to integrate
the use with other uses in the neighborhood in that the proposed antennas are located inside a
proposed tower element that blends with the building's architecture and the antennas are mounted
behind RF transparent screen walls that will be painted and textured to match the existing building.
In addition, the equipment will be located inside the existing building below the proposed tower
element and thereby exhibits stealth design techniques.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the proposed unmanned WCF can be accessed by Marron Road and the
WCF use requires, on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the proposed WCF is consistent with City Council Policy No. 64 in that the WCF is located in a
preferred location (at an existing commercial shopping center) as listed in Location Guideline A.l.b.
of City Council Policy Statement No. 64 and exhibits stealth design, as the panel antennas are
mounted behind RF transparent screen walls in a proposed tower element that will be painted and
textured to match the existing building and the equipment will be located inside the existing
building below the proposed tower element.
6. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site,
nor are public recreation areas required of the project.
7. The proposed development will have no adverse effect on coastal resources, in that the location of
the property is not immediately adjacent to any body of water and the lot is already disturbed and
developed with a commercial shopping center.
8. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the project is consistent with the Mello II Segment of the Certified Local
Coastal Program in that the proposed WCF use is not precluded in the General Commercial (GC)
land use designation identified on the Local Coastal Plan land use plan; no agricultural activities,
sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist
MCUP 14-16/CDP 14-28-AT&T MOBILITY SD0728
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onsite and the proposed WCF will not obstruct views of the coastline as seen from public lands or
public right-of-way or otherwise damage the beauty of the coastal zone.
9. 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 15303 (New Construction or Conversion of Small Structures) of the
state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions
listed in S~ction 15300.2 of the state CEQA Guidelines do not apply to this project.
10. 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 14-16/CDP 14-28 as shown on Exhibits "A"-"I" dated December 15,
2014 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 ariy 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/Minor Coastal
Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 14-16/CDP 14-28 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/Minor Coastal Development 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.
MCUP 14-16/CDP 14-28-AT&T MOBILITY SD0728
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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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 14-16/CDP 14-28 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 ten {10) years from December 15, 2014 through
December 14, 2024. 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/Minor Coastal Development 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/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
MCUP 14-16/CDP 14-28-AT&T MOBILITY SD0728
December 16, 2014
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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.
11. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
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.
Fire:
14. Fire Department access required. Owner/operator shall provide fire access to the facility in
accordance with CMC Section 17.04. This access shall provide a KNOX key box installed at 60 to 84
inches above finished surface at the exterior access door.
KNOX product order form may be obtained by contacting the Carlsbad Fire Department at (760) 602-
4665.
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.
16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
MCUP 14-16/CDP 14-28-AT&T MOBILITY SD0728
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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 $661.00 plus notice fees. 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 Garcia at {760) 602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CG:fn
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
Michele Masterson, Senior Management Analyst
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