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HomeMy WebLinkAboutRP 00-18B; Sprint SD36XC284; Redevelopment Permits (RP),, Ccityof Carlsbad July 15, 2015 Chris Vuong LCC Development Services 17169 Botero Drive San Diego, CA 92127 SUBJECT: ADMINISTRATIVE REVIEW PERMIT AMENDMENT AND MINOR COASTAL DEVELOPMENT PERMIT AMENDMENT APPLICATION NO. RP 00-18(8)/CDP 00-57(8) -SPRINT SD36XC284 STATE-Request for approval of an Administrative Review Permit Amendment (RP 00-18(8)) and Minor Coastal Development Permit Amendment (CDP 00-57(8)) to allow the modification of an existing wireless communication facility at 2333 State Street, in the Village Review (V-R) Zone, Village Segment of the Certified Local Coastal Program and in Local Facilities Management Zone 1. Dear Mr. Vuong, The City Planner has completed a review of your application for an Administrative Review Permit Amendment and Minor Coastal Development Permit Amendment RP 00-18(8)/CDP 00-57(8) for the modification of an existing wireless communication facility consisting of the removal of six obsolete antennas and the installation of nine panel antennas, nine (6 new & 3 relocated) Remote Radio Heads (RRH), and one microwave dish located partially behind existing rooftop parapet walls and mounted to the building facade with associated equipment (Sprint Growth Cabinet) located within an existing equipment room at 2333 State Street. 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 2, 201S). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting an Administrative Review Permit Amendment and Minor Coastal Development Permit Amendment can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: Review Permit: 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 and Village Segment of the Certified Local Coastal Program in that the Village (V) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The WCF plan has been found to be consistent with City Council Policy No. 6.4, Wireless Communication Facilities, in that it is in a preferred non-residential location (commercial building) and has a stealth design as discussed in finding number five below. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 J760-602-8560 f I www.carlsbadca.gov • RP 00-18(B)/CDP 00-57(B)-SPRINT SD36XC284-STATE July 15, 2015 Pa e 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 proposed WCF is located within a preferred non-residential location (commercial building) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are hidden by existing improvements. The WCF use is not precluded by the project site's Village Review (V-R} zoning. Furthermore, the placement of the antennas and associated WCF equipment will not result in any additional building cdVerage, does not alter the existing site or building design, and does not interfere with nor is it visible to other surrounding uses. The project has been conditioned to maintain compliance 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 partially located on the rooftop of an existing commercial/office building behind parapet walls and mounted to the building fa~ade, and the equipment cabinet is located within an existing equipment room thereby exhibiting stealth design techniques. When completed, the installation of the new antennas and associated WCF equipment will not change the appearance ofthe three story office building as only minor modifications will be necessary: 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 use would require, 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 it is located in a preferred location ("commercial zone") as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the new antennas are partially located behind existing rooftop parapet walls which use RF transparent material painted and textured to match the existing commercial building and partially facade mounted which are screened by existing architectural elements. The proposed equipment cabinet is located within the commercial building thereby exhibiting stealth design techniques. 6. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the WCF is located within an existing three story commercial building containing office uses. The project consists of replacing obsolete antennas with modern antennas on an existing WCF that will help better serve the existing residential and business community and region as a whole, including emergency services. Coastal Development Permit: 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is located outside of the coastal shoreline development overlay zone. Therefore, compliance with the public access and recreation policies of Chapter 3 of the Coastal Act is not required. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that project which consists of updating an existing WCFwith new antennas and asspciated equipment will adhere to the City's Master Drainage Plan, Chapter 15.16- RP 00-lS(B)/CDP 00-57(8) -SPRINT SD36XC284-STATE July 15, 2015 Pa e 3 Grading and Erosion Control, Chapter 15-12 -Storm Water Management and Discharge Control, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion_ Furthermore, no evidence of landslide or slope instability is identified on the site, nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction, the site is void of steep slopes and no native vegetation is located on the subject property_ • 9. That the proposed development is in conformance with the Certified local Coastal Program and all applicable policies in that the site is designated for commercial uses and is already disturbed and developed with a three story office building. The project consists of updating an existing WCF with new antennas and will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite. Furthermore, the WCF facility is not in an area of known geologic instability or flood hazards. 10. 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(k) (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. 11. 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 RP 00-18(8)/CDP 00-57(8)-SPRINT SD36XC284-STATE as shown on Exhibits "A -J" dated July 15, 2015 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 theirterms, 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 Administrative Review Permit Amendment and Minor Coastal Development Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 00-18(8)/CDP 00-57(8) 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. • RP 00-18(B)/CDP 00-57(B) -SPRINT SD36XC284-STATE July 15, 2015 Pa e 4 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 Administrative Review Permit Amendment and Minor Coastal Development Permit Amendment, (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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. RP 00-18(B)/CDP 00-57{B) shall be reviewed by the City Planner on a yearly basis to determine if afl 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 Minor Conditional Use Permit Amendment is granted for a period of 10 years from July 15, 2015 through July 14, 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. 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. RP 00-18{B)/CDP 00-57(B)-SPRINT SD36XC284-STATE July 15, 2015 Pa e 5 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. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 an Administrative Review Permit Amendment and Minor Coastal Development Permit Amendment on the property. 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 Developer or successor in interest. 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)(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 minor conditional use permit amendment and minor coastal development permit amendment. 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. 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.