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HomeMy WebLinkAboutMCUP 15-03; Sprint Four Seasons Site; Conditional Use Permit (CUP). (~CARLSBAD Community & Economic Development April10, 2015 Sprint Kristin Priesand St 150 9191 Town Center Dr San Diego CA 92122 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 15-03 -SPRINT FOUR SEASONS SITE - Request for approval of a Minor Conditional Use Permit (MCUP. 15-03; replaces expired MCUP 12-05) to allow the continued operation and minor modification (replacing three panel antennas with three new panel antennas, remove and replace a battery cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet) to an existing wireless communication facility located at 7100 Aviara Resort Drive, in the Planned Community (P-C) zone, with an underlying Commercial/Tourist (C-T) zone per Master Plan 177 and Local Facilities Management Zone 19. Dear Ms. Priesand: The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 15-03 for the continued operation and minor modification (replacing three panel antennas with three new panel antennas, remove and replace a new-battery cabinet, MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet) to an existing Wireless Communication Facility (WCF) located at 7100 Aviara Resort Drive. 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 April 9, 2015). 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 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 modified WCF use is consistent with the General Plan in that the Travel/Recreation Commercial (TR) Land Use designation and the Aviara Master Plan MP 177 do not preclude the provision of Wireless Communication Facility (WCF) uses. The modified WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, . in that it is in a preferred non-residential location (commercial zone) and has a stealth design in that the replacement antennas are located within a faux chimney behind RF screen walls which are stucco finished to match the existing building. The modified and new equipment cabinets are located within the building. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. · · . Planning Division ~~'----~---------------------------------------------":: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 15-03-SPRINT FOUR SEASONS SITE April10, 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 modified WCF is located within a preferred non-residential location (commercial zone) as listed in location Guideline A.1.a. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and the replacement antennas are located within a faux chimney behind RF screen walls which are stucco finished to match the existing building and the modified and new equipment cabinets are located within the building. The WCF use is not precluded by the project site's underlying C-T zoning or the Aviara Master Plan MP 177. Furthermore, the modification to the WCF will not result in any additional building coverage, does not visually impact the existing site or building design, as the antennas are located behind RF screen walls which blend in with the existing architecture and the modified equipment cabinets are located within the building. 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 replacement antennas are located within a faux chimney behind RF transparent screen walls which are stucco finished to match the existing building, and the modified and new equipment cabinets are located within the building. The minor modifications are designed to blend in with the existing building and will not impact the appearance of the building. 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 WCF requires, on average, one monthly maintenance · visit and occasional visits in response to operational problems. 5. That the modified 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.a. of City Council Policy Statement No. 64 and exhibits stealth design, as the replacement antennas are located within a faux chimney and completely hidden behind RF transparent screen walls which are stucco finished to match the existing building, and the modified and new equipment cabinets are located within the building. 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary of 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 CEOA 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 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 15-03-SPRINT FOUR SEASONS SITE as shown on Exhibits "A"-"Q" dated April 13, 2015 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. MCUP 15-03-SPRINT FOUR SEASONS SITE April 10, 2015 Pa e 3 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 Minor Conditional Use Permit 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. 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 issu;mce of this Minor Cot1ditional 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 19 Local Facilities Management Plan and any amendment made to that Plan prior to the issuance of building permits. 7. MCUP 15-03 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 c01iditions 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. MCUP 15-03-SPRINT FOUR SEASONS SITE April10, 2015 Pa e 4 8. This Conditional Use Permit is granted for a period of ten (10) years from April 13, 2015 through April 12, 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. Prior to the issuance of a building permit, 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 City Planner, 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 City Planner has the authority to execute and record ar1 amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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 conditional use permit. 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.