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Home My WebLink AboutMCUP 15-09; AT&T Black Rail Road; Conditional Use Permit (CUP)I I August 11, 2015 Tim Henion 1264 Basswood Avenue Carlsbad, CA 92008 • Ccityof Carlsbad SUBJECT: MCUP 15-09/CDP 15-29-AT&T BLACK RAIL ROAD-Request for approval of a Minor Conditional Use Permit (MCUP 15-09) and a Minor Coastal Development Permit (COP 15-29) to allow for the installation of a wireless communication facility (WCF) at 6510 Black Rail Road, in the One-Family Residential (R-1) Zone and Local Facilities Management Zone 20. Dear Mr. Henion, The City Planner has completed a review of your application for a Minor Conditional Use Permit (MCUP 15-09) and a Minor Coastal Development Permit (COP 15-29) for a wireless communication facility consisting of the relocation of existing antennas from a monopole to the neighboring water tanks on city property. The new antenna locations on the water tanks will hold 16 antennas and 32 remote radios and will be concealed with fiberglass reinforced panels flush at the top of the tanks. All equipment on the tanks will be concealed and painted match the tanks. The equipment and building will remain in its current location at 6510 Black Rail Road. 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 August 10, 2015). 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: MCUP 15-09 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 Residential Low-Medium (RLM) land use designation does not preclude the provision of Wireless Communication Facility (WCF) uses if they are located at the site of public and private utility installations such as water tank sites. The WCF plan has been found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location (water tank site) and has a stealth design as discussed in finding number five. The project's location and stealth design 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 proposed WCF is located within a preferred location (water tank) as listed in Location Guideline A.l.g of City Council Policy Statement No. 64, Community & Economic Development Planning Division [1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 [760-602-8560 f[ www.c~rlsbadca.gov • MCUP 15-09/CDP 15-29 -AT&T BLACK RAIL ROAD August 11, 2015 Pa e 2 and all aspects ofthe WCF exhibit stealth design and are concealed with fiberglass reinforced panels flush at the top of the water tanks and will be painted to match the tanks. The WCF use is not precluded by the project site's R-1 (One Family Residential Zone) zoning or RLM (Residential Low- Medium) General Plan Land Use designation. Furthermore, the antennas do not visually impact the site, do 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 eight foot tall panel antennas and RRU's are located on existing water tanks and are concealed with fiberglass reinforced panels and are painted to match the color of the water tanks, thereby exhibiting a stealth design and the equipment cabinet is located within an existing 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 WCF use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. In addition, the existing street system is adequate to properly handle any traffic generated by the use. 5. That the proposed WCF is consistent with City Council Policy No. 64 in that the WCF is located in a preferred location (public/private utility installation (water tanks) in a residential zone) as listed in Location Guideline A.l.g. of City Council Policy Statement No. 64 and exhibits stealth design, as the panel antennas are concealed with fiberglass reinforced panels flush at the top of the water tanks and will be painted to match the tanks and the equipment cabinet is located within an existing building. CDP 15-29 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 Jot is already disturbed and developed with water tanks and associated infrastructure. 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 Residential Low-Medium Oensity (RLM) 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 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 (Ne·w Construction of Small Structures) of the state CEQA MCUP 15-09/CDP 15-29-AT&T BLACK RAIL ROAD August 11, 2015 Pa e 4 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 August 11, 2015 through August 10, 2025. 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. 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. 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. 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 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. I \, MCUP 15-09/CDP 15-29 -AT&T BLACK RAIL ROAD August 11, 2015 Pa e 5 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. l"remise 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 $661.00. 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. j~ {ffl. DON NEU, AICP City Planner CD:AS:bd c: Kevin. Becker, AT&T Mobility, 3 East, Room 3684, 7337 Trade Street, San Diego, CA 92121 Joe Garuba, Municipal Property Manager Van Lynch, Principal Planner David Rick, Project Engineer File Copy Data Entry DMS