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
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RP 00-18(B)/CDP 00-57(B)-SPRINT SD36XC284-STATE
July 15, 2015
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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 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
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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.
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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.
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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.