HomeMy WebLinkAboutMCUP 07-03; Nextel Rancho Carlsbad; Conditional Use Permit (CUP)FILfCOPY
City of Carlsbad
Planning Department
October 1, 2007
Carla Gresham
FMHC Corporation
10670 Treena Street
Suite 217
San Diego, CA 92131
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-03 NEXTEL RANCHO
CARLSBAD - Request to allow the continued operation of an existing Wireless
Communication Facility (WCF) at 5545 Fermi Court, in the C-M Zone and Local Facilities
Management Zone 5.
Dear Ms. Gresham,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 07-03 for an existing Wireless Communications Facility (WCF) at 5545 Fermi
Court. 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 March 23, 2007). After careful consideration of the circumstances
surrounding this request, the Planning Director 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:
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 the use is consistent with the General Plan and Specific Plan 180 in that the
Planned Industrial Land Use designation and Specific Plan do not preclude the
provision of WCF uses, nor is it detrimental to permitted uses in the vicinity in
that the WCF is located in a preferred location as identified in Council Policy 64.
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 will not result in any additional building coverage and there will be no
alterations to the existing site design.
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 Planning Director in order to integrate the use with other uses in the
neighborhood in that the WCF is existing and no modifications are being proposed,
therefore the WCF does not significantly change the building appearance.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us
MCUP 07-03 - NEXTEL RANCHO CARLSBAD
October 1, 2007
Page 2
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use in that the unmanned WCF use would require,
on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the continued operation of the antennas are proposed in an industrial
zone (which is a preferred location per Policy 64) and are either wall mounted and
painted to match the existing building façade, or located behind existing screen
walls to reduce their visibility to the greatest extent possible. Further, the
equipment is positioned in a side yard area and is enclosed by an equipment
enclosure painted and textured to match the existing structure. The WCF is
located in a preferred location in the C-M, Heavy Commercial, Limited Industrial
Zone and the existing project complies with all applicable design guidelines.
Finally, the existing WCF complies with FCC Radio Frequency (RF) safety
guidelines per RF Electromagnetic Fields Exposure Report dated 9/5/2007.
6. That the Planning Director 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 facility,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
1. Approval is granted for MCUP 07-03 as shown on CUP 01-20 Exhibits A-E dated
10/17/01 on file in the Planning Department 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.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the MCUP 07-03 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.
MCUP 07-03 - NEXTEL RANCHO CARLSBAD
October 1, 2007
Page 3
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, (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 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7. MCUP 07-03 shall be reviewed by the Planning Director 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 Planning Director 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 Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director 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. 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 Wireless
Communications Facility 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.
9. The 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 Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Conditional Use 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
Planning Director has the authority to execute and record an amendment to the notice,
MCUP 07-03 - NEXTEL RANCHO CARLSBAD
October 1, 2007
Page 4
which modifies or terminates said notice upon a showing of good cause by the
owner/applicant or successor in interest.
10. This Conditional Use Permit is granted for a period of five (5) years from September
13, 2007 to August 13, 2012. 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 five (5) years upon written application of the permittee made no less than 90
days prior to the expiration date. The Planning Director may not grant such extension,
unless he/she 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 Director may grant.
Engineering:
1. Developer shall comply with the City’s Storm Water Regulations. Developer shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, 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 storm water, receiving water or storm water conveyance system to the maximum
extent practicable.
Code Reminders:
1. 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.
2. 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 07-03 - NEXTEL RANCHO CARLSBAD
October 1, 2007
Page 5
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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director 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 Garcia at (760)
602-4622.
Sincerely,
GARY T. BARBERIO
Assistant Planning Director
GTB:CG:lt
c: Chris DeCerbo
Scott Donnell
Tecla Levy; Project Engineer
File Copy
Data Entry