HomeMy WebLinkAboutMCUP 10-24A; SDG&E Communication Facility; Conditional Use Permit (CUP)_4~~ CITY OF
VcARLSBAD
Community & Economic Development
April18, 2013
Ed Gala
20612 Kelvin Lane
Huntington, Beach CA 92779
www.carlsbadca.gov
SUBJECT: MINOR CONDITIONAL USE PERMIT AMENDMENT NO. MCUP 10-24(A) -
SDG&E COMMUNICATION FACILITY -Request for approval of a Minor Conditional Use
Permit Amendment (MCUP 10-24(A)) to allow the continued operation and maintenance of an
existing Wireless Communications Facility (WCF) with minor modifications that include the
replacement of two existing 3.25-foot panel antennas with two new 6-foot panel antennas that
are painted to match the tower at 4600 Carlsbad Boulevard, in the Public Utility (P-U) Zone and
within Local Facilities Management Zone 3.
Dear Ed Gala,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
Amendment MCUP 1 0-24(A) to allow the continued operation and maintenance of an existing
Wireless Communications Facility (WCF) with minor modifications that include the replacement
of two existing 3.25 foot panel antennas with two new 6 foot panel antennas at 4600 Carlsbad
Boulevard. The existing WCF was approved by MCUP 10-24 and consists of 6 antennas
mounted to the 390 foot tower and associated equipment cabinets located within the tower. 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 13, 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 Amendment 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 existing use with proposed
modifications is consistent with the General Plan in that the Public Utility (U)
Land Use designation does not preclude the provision of Wireless
Communication Facility (WCF) uses. The revised WCF plan has been found to be
consistent with City Council Policy No. 64, Wireless Communication Facilities, in
that it is in a preferred non-residential location (Public Utility zone) and has a
stealth design {the antennas are painted to match the tower). The project's
· · · . Planning Division ~~-----~-------------------------------------------------------------" 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 10-24(A)-SDG&E COMMUNICATION FACILITY
April 18, 2013
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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 existing
WCF with proposed modifications is located within a preferred non-residential
location (Public Utility zone) as listed in Location Guideline A.1.c. of City Council
Policy Statement No. 64, and all aspects of the WCF exhibit stealth design in that
the panel antennas are mounted to the tower and are painted to match the tower
and the existing equipment cabinets are located within the tower. The WCF use is
not precluded by the project site's Public Utility (P-U) Zoning or by Specific Plan
SP 144(0). Furthermore, the placement of the antennas mounted to the side of
the tower and the equipment cabinets located within the existing'square footage
of the building 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 existing WCF is being modified by replacing two existing panel antennas
with two new panel antennas which are painted to match the tower in the same
location and the existing equipment room is located within the tower. No other
changes are proposed to the existing antennas, the appearance of the building
will not change.
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 unmanned WCF requires,
on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located
in a preferred non-residential location (Public Utility zone) as listed in Location
Guideline A.1.c. of City Council Policy Statement No. 64 and exhibits stealth
design, as the antennas are mounted to the side of the tower and are painted to
match the tower. The existing equipment room is located within the tower and
therefore exhibits a stealth design.
6. 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 -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
MCUP 10-24(A)-SDG&E COMMUNICATION FACILITY
April18, 2013
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extent and the degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
1. All of the conditions within this letter shall supersede all of the conditions within
the Planning Director Approval Letter for Minor Conditional Use Permit (MCUP 10-
24) dated March 7, 2011.
2. Approval is granted for MCUP 10-24(A) as shown on Exhibits "A"-"P" dated April18,
2013 on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
3. 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
Amendment.
4. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 1 0-24(A) 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.
5. 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 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.
6. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
7. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
MCUP 10-24(A)-SDG&E COMMUNICATION FACILITY
April 18, 2013
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8. MCUP 10-24(A) 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.
9. This Minor Conditional Use Permit Amendment is granted for a period of 10 years from
April18, through April 17, 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
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.
10. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
residential housing project are challenged this approval shall be suspended as provided
in Government Code Section 66020. If any such condition is determined to be invalid
this approval shall be invalid unless the City Council determines that the project without
the condition complies with all requirements of law.
11. 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
conditional use permit.
MCUP 10-24(A)-SDG&E COMMUNICATION FACILITY
April 18, 2013
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12. Prior to the issuance of the Building Permit, owner/applicant 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 a(n) Minor Conditional Use Permit Amendment 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 Developer or successor in interest.
13. 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.
14. 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:
15. 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:
16. 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.
MCUP 10-24(A)-SDG&E COMMUNICATION FACILITY
April 18, 2013
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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
plus noticing 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 Sexton at (760) 602-
4624.
~~
CHRIS DeCERBO ~
Principal Planner
CD:CS:sm
c: SDG&E, PO Box 25110, Santa Ana, CA 92779
Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
Mike Peterson, Development Services Manager
David Rick, Project Engineer
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