HomeMy WebLinkAboutMCUP 09-17B; North Batiquitos Sprint WCF; Conditional Use Permit (CUP). (~CARlSBAD
Community & Economic Development
January 26, 2015
Michelle Thurman
M&M Telecom Inc.
6886 Mimosa Drive
Carlsbad, CA 92011
www.carlsbadca.gov
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 09-17(8)/CDP 09-25(A) -NORTH
BATIQUITOS SPRINT WCF-Request for approval of a Minor Conditional Use Permit Amendment and
Minor Coastal Development Permit Amendment (MCUP 09-17(B)/CDP 09-25(A)) to allow the modification
of an existing wireless communication facility at 760 Macadamia Drive, within the La Quinta Inn Hotel, in
the General Commercial (C-2) Zone, Mello I Segment of the Certified Local Coastal Program and in Local
Facilities Management Zone 22.
Dear Ms. Thurman,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
Amendment and Minor Coastal Development Permit Amendment MCUP 09-17(B)/CDP 09-251A) for the
modification of an existing wireless communication facility consisting of the installation of three new
panel antennas and eight new Remote Radio Heads (RRH) located behind existing rooftop parapet walls
and associated equipment (Sprint Growth Cabinet) located within an existing equipment room at 760
Macadamia Drive. A notice was sent to property owners within a 300' radius of the subject property
requesting comments regarding the above request. Four phone messages and three opposition letters
were received within the ten day notice period (ending on January 2, 2015). An administrative hearing
was not held as the opposing party declined the offer and instead requested a public hearing. A public
hearing will only be granted if this decision is appealed by you or any other member of the public within
ten days of the date of this letter. 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 Amendment and Minor Coastal Development 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 proposed use is consistent with the Gener~' Plan and
Mello 1 Segment of the Certified Local Coastal Program in that the Travel/Recreational Commercial
(T-R) 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. 64, Wireless
Communication Facilities, in that it is in a preferred non-residential location (commercial building)
· ·· . Planning Division
~~-----~--------~-------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
MCUP 09-17(B)/CDP 09-25(A)-NORTH BATIQUITOS SPRINT WCF
January 26, 2015
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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.
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.l.b. of City Council
Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely
hidden by existing improvements. The WCF use is not precluded by the project site's General
Commercial (C-2) zoning. Furthermore, the placement of the antennas and associated WCF
equipment will not result in any additional building coverage, 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 located on the
rooftop of an existing commercial building behind parapet walls 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 of the La Quinta Inn Hotel 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.l.b. of City Council Policy Statement
No. 64 and exhibits stealth design, as the new antennas are located behind existing rooftop parapet
walls which use RF transparent material painted and textured to match the existing commercial
building. The proposed equipment cabinet is located behind the commercial building within an
existing equipment room thereby exhibiting stealth design techniques.
6. 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 I Segment of the Certified Local
Coastal Program in that the existing and proposed WCF use is permitted in the T-R Land Use
designation identified on the LCP 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 visual beauty of the coastal zone.
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 Zon.' (Chapter
21.203 of the Zoning Ordinance) in that the proposed antennas will be concealed behind the existing
parapet walls which use RF transparent material painted and textured to match the existing
MCUP 09-17(8)/CDP 09-25(A)-NORTH BATIQUITOS SPRINT WCF
January 26, 2015
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building and the proposed equipment cabinet is located within an existing equipment room. The
project will adhere to the City's Master Drainage Plan, Chapter 15.16-Grading and Erosion Control,
Chapter 15.12 -Storm Water Management and Discharge Control, Standard Urban Storm Water
Mitigation Plan (SUSMP), ahd 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. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990, and therefore, is not subject to the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
10. The project is not located between the sea and the first public road parallel to the sea and, therefore,
is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201
of the Zoning Ordinance).
11. 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(c) (New Construction of Small Structures) 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.
12. 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 09-17(8)/CDP 09-25(A)-NORTH 8ATIQUITOS SPRINT WCF as shown
on Exhibits "A-F" dated January 26, 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 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 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 MCUP 09-17(8)/CDP 09-25(A) documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
MCUP 09-17(B)/CDP 09-25(A)-NORTH BATIQUITOS SPRINT WCF
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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 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 22 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 09-17(B)/CDP 09-25(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 c' 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 January 26,
2015 through January 25, 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.
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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.
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 a Minor Conditional Use 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 De·:eloper 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 co1.struction,
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.