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Home My WebLink AboutMCUP 07-04X1; T-MOBLE AT CALAVERA PARK - 2ND EXTENSION; Minor Conditional Use Permit (MCUP)OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME (if applicable): Curtis Jackson, Real Estate Manager (if applicable): Jim Lee COMPANY NAME COMPANY NAME (if applicable): City of Carlsbad (if applicable): Crown Castle MAILING ADDRESS: 1200 Carlsbad Village Drive MAILING ADDRESS: 200 Spectrum Center Drive, Suite 1700 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Irvine, CA 92618 TELEPHONE: (760) 434-2836 TELEPHONE· (949) 930-4360 EMAIL ADDRESS: curtis.jackson@carlsbadca.gov EMAIL ADDRESS: Jim.Lee@crowncastle.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. Curtis Jackson D,~.tally •~oed by Ccvt,s J,c.,,,n 7-7-22 Jim Lee o~"'' •~""" by Jon , .. 717122 Date 202201 0716 31·56 .oro~ Oat• 2022 O> Or 1'Al 1' -07'00' SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Mark Linman MAILING ADDRESS: 11316 Rolling Hills Drive CITY, STATE, ZIP: El Cajon, CA 92020 TELEPHONE: (619) 997-8288 EMAIL ADDRESS: MJLinman@cox.net I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , -.--~-~-•-· 07/07/2022 ' :;;:.~:~·;;';':'~•;a.~-.. _,. __ ~· SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION !T MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. Curtis Jackson DIgitalfy signe<J b~ Cun.a Jackson Dato: 2022 07 07 16 38 21 -07'00' PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 SEP 2 0 1022 DATE STAMP APPLICATION RECEIVED RECEIVED BY: I (' J';or-eJ Revised 3122 July 19, 2023 City of Carlsbad Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 Mark J. Linman Land Use and Development Consulting SUBJECT: Crown Castle Calavara Hills Wireless Communications Facility Request for Extension of Time SEP 2 O 2022 The attached application is a request for approval of a Minor Conditional Use Permit extension (MCUP 07-04xl 0) to allow the continued operation and maintenance of an existing Wireless Communications Facility with no changes or modifications to the existing facility. The facility is located at 2997 Glasgow Drive (APN 167-101-35-00). The current facility was approved by the City of Carlsbad on March 15, 2013 (attached). This approval allowed for the continued use and operation of the facility that included 6 antennas mounted to an 80' tall light standard and equipment cabinets located within an existing building. The prior approval was subsequently modified via a Consistency Determination which was approved on October 16, 2017 (attached). The Consistency Determination provided for the replacement of 3 antennas, installation of 3 new RRU's, and installation of one XMU radio unity and one RBS 6131 in the existing equipment cabinet. The attached application proposes no change to the previously approved facility. The applicant is seeking approval of an extension to the existing expiration date of the pennit. Please contact me at your earliest convenience if you have questions or need additional infonnation. Mark J. Linman Project Manager cc: Jim Lee, Crown Castle 11316 Rolling Hills Drive. El Cajon CA 92020 • Voice or Fax· (619) 579-2288 • Cellular: (619) 997-8288 E-Mail: mJlinman@cox.net MCUP 07-04Xl -T-MOBILE AT CALAVERA HILLS PARK March 15, 2013 Pa e 2 Location Guidelines A.1.h. of City Council Policy No. 64, and all aspects of the WCF exhibit stealth design In that the panel antennas are flush mounted on an existing light pole and the equipment cabinets are located within an enclosure that Is painted to match the buildings In the park. The WCF use Is not precluded by the project's Planned Community zoning or Open Space General Plan Land Use designation. Furthermore, the proposed antennas on the eJ!:lstlng light pole will not visually Impact the existing site, will not Interfere with nor will be readily visible to other surrounding uses and wlll not result in any .additional building coverage. The project has been conditioned to comply with FCC RF Exposure Guktellnes, 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 re~uired 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 replaclnt the existing six panel antennas with six new panel antennas In the same location and the equipment cabinets ·are located In an enclosure that Is painted to match the bulldlngs in the park. 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 use would require, on average, only monthly maintenance visits and occasional vJslts In response to operational problems. s. That the modified WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (within an existing public park) as listed in Location Guideline A.1.h. of City Council Polley No. 64 and exhibits stealth design, as the antennas are flush mounted on an existing light pole and the existing equipment Is located In a building screened from the street and painted to match the other existing buildings on-site. 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 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 07-04x1 as shown on Exhibits "A"~ F dated March 15, 2013 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 fall to be so implemented and maintained MCUP 07-04Xl-T-MOBILE AT CALAVERA HILLS PARK March 15, 2013 Pa e 3 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 Extension. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 07-04x1 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 issuance of this Minor Conditional Use Permit Extension, (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 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 07-04"1 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. MCUP 07-04X1 -T-MOBILE AT CALAVERA HILLS PARK March 15, 2013 Pa e4 8. This Conditional Use Permit is granted for a period of 10 years from March 15, 2013 through March 14, 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. 9. 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. 10. 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. 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. The applicant must coordinate with the City of Carlsbad Parks and Recreation department, Lori Swenck, Recreation Area Manager, when Installation of the new antennas are set to commence as to not lhterfere with any scheduled activities at Calavera Park. 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 control 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. MCUP 07-04Xl -T-MOBllE AT CAl.AVERA HILl.S PARK March 15, 2013 Pa e5 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. 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. 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. Sincerely, ~D~ fo Principal Planner CD:CS:bd c: Mitchell J Architecture, Racki Lam, 4883 Ronson Ct, Ste N, San Diego CA 92111 Don Neu, City Planner Mike Peterson, Development Services Manager Chris DeCerbo, Principal Planner Teda Levy, Project Engineer File Copy DMS/Data Entry October 16, 2017 Justin Davis T-Mobile Suite 1700 200 Spectrum Center Drive Irvine, CA 92618 Ccityof Carlsbad SUBJECT: CD 2017-0024 (DEV00040)-CALAVERA HILLS COMMUNITY PARK (MCUP 07-04Xl) The City Planner has completed a review of your application for a Consistency Determination, (APN: 167- 101-35-00) which is a modtticatron to MCUP 07-04X1 which was approved for the continued operation of a wireless communications facility located at 2997 Glasgow Drive. After careful consideration of the request, the City Planner has determined that the request meets a!I the findings below and APPROVES this request. The proposed modifications include: • Remove three (3) existing antennas and install three (3) new 8'-0" panel antennas on an existing 80' tall light pole. • Install three (3) new RRU's (Remote Radio Units). • Install one (1) new XMU radio unit and one (1) RBS 6131 in existing ground level equipment cabinet. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function because the request is in accordance with Section 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified as 47 U,S.C. § 145S /a)). 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood because the request is in accordance with Section 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified as 47 U.S.C-§ 145S /a)). 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit. SJ The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance wiff be maintained with the applicable development standards of the Carlsbad Municipal Code because the request meets the parameters of Section 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified as 47 U.S.C. § 1455 (a)} and the field will be brought back to pre-construction condition. Communtty & Economic Development Planning Dlvlsfon I 1635 Faraday Avenuecarlsbad, CA 92008·7314l 760-.S02-4600 I 760-602-8560 f 1www.carlsbadca.gov CD 2017-0024 {DEV00040)-CALAVERA HILLS COMMUNITY PARK (MCUP 07-04X1) October 16, 2017 Pa e 2 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. B) The proposed change would not result in any health, safety or welfare impacts in that the project will continue to comply with Federal Communication Commission's standards for radio frequency {RF) radiation In accordance with the Telecommunications Act of 1996. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved because the request is in accordance with Section 6409 (a} of the Middle Class Tax Relief and Job Creation Act of 2012 {codified as 47 U.S.C. § 1455 (a)}. Afte~ careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Please submit two (2) blueline copies {24" X 36") of all applicable exhibits for the project file of the amended site plan. The copies must be submitted, stamped ''Consistency Determination," and signed by the City Planner prior to Issuance of any grading or building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http://www.carlsbadca.gov/services/depts/planning/applications.asp. The Title Block (stamp) is located at the bottom of the page. Additionally, a radio frequency (RF) report which states the cumulative field measurements of radio frequency electromagnetic fields of all antennas installed at the subject site shall be submitted within six (6) months after installation/building permit final inspection. If you have any questions regarding this matter, please feel free to contact your project planner, Chris Sexton at (760) 602-4624. CITY OF CARLSBAD (l7l DON NEU, AICP City Planner DN:CS:fn c: Curtis Jackson, Real Estate Manager David Rick, Project Engineer File Copy Data Entry HPRM Calavera Hills Comm -822887 -Modification 09.09.2022 Appendix A: Operating Parameters Considered in this Analysis Mech Mech Rad Antenna Band A, OT HBW Length TPO ,Loss Gain ERP EIRP Center •• Carrier: Manufacturer Pattern IMHzl: Ide-'· Id--'· Id--'· (fl' • ,,.. Channels: d81• ld8dl """ ... 'ft' 1 Unknown RFS APXVAARR24 43-U-NA20 04DT 600 0 0 68.07 8 40 2 0 13.08 1626 2667 67 1 Unknown RFS APXVAARR24 43-U-NA20 04DT 700 0 0 60.85 8 40 2 0 13.26 1695 2780 67 1 T-Mobile RFS APXVAARR24 43-U-NA20 02DT 1900 0 0 57.81 8 60 4 0 15.29 8114 13311 67 1 T-Moblle RFS APXVAARR24 43-U-NA20 02DT 2100 0 0 53.64 8 80 4 0 17.32 17264 28324 67 2 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 2500 0 0 63 2.9 80 1 0 15.55 2871 4711 67 TMO 2 T-Mobile ERICSSON SON_AIR6419 B41 NR TB 2500 0 0 13 2.9 240 1 0 22.05 38478 63126 67 02.09.21 2500 TMO 3 Unknown RFS APXVAARR24 43-U-NA20 04DT 600 120 0 68.07 8 40 2 0 13.08 1626 2667 67 3 Unknown RFS APXVAARR24 43-U-NA20 04DT 700 120 0 60.85 8 40 2 0 13.26 1695 2780 67 3 T-Mobile RFS APXVAARR24 43-U-NA20 02DT 1900 120 0 57.81 8 60 4 0 15.29 8114 13311 67 3 T-Moblle RFS APXVAARR24 43-U-NA20 02DT 2100 120 0 53.64 8 80 4 0 17.32 17264 28324 67 4 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 2500 120 0 63 2.9 80 1 0 15.55 2871 4711 67 TMO 4 T-Mobile ERICSSON SON_AIR6419 B41 NR TB 2500 120 0 13 2.9 240 1 0 22.05 38478 63126 67 02.09.21 2500 TMO 5 Unknown RFS APXVAARR24 43-U-NA20 04DT 600 240 0 68.07 8 40 2 0 13.08 1626 2667 67 5 Unknown RFS APXVAARR24 43-U-NA20 04DT 700 240 0 60.85 8 40 2 0 13.26 1695 2780 67 5 T-Moblle RFS APXVAARR24 43-U-NA20 02DT 1900 240 0 57.81 8 60 4 0 15.29 8114 13311 67 5 T-Moblle RFS APXVAARR24 43-U-NA20 02DT 2100 240 0 53.64 8 80 4 0 17.32 17264 28324 67 6 T-Mobile ERICSSON SON_AIR6419 NR MACRO 2500 2500 240 0 63 2.9 80 1 0 15.55 2871 4711 67 7MO 6 T-Mobile ERICSSON SON_AIR6419 B41 NR TB 2500 240 0 13 2.9 240 1 0 22.05 38478 63126 67 02.09.21 2500 TMO 7 Dish KMW KE654L4H6-D 04DT Wireless 600 340 0 70 6 30 4 0 11.97 1889 3099 50 7 Dish KMW KE654L4H6-D 04DT Wireless 700 340 0 62 6 40 4 0 12.36 2755 4520 50 7 Dish KMW KE654L4H6-D 02DT Wireless 2100 340 0 62 6 40 4 0 16.54 7213 11834 50 7 Dish KMW KE654L4H6-D 02DT Wireless 2000 340 0 62 6 40 4 0 16.56 7246 11888 50 8 Dish KMW KE654L4H6-D 04DT Wireless 600 110 0 70 • 30 4 0 11.97 1889 3099 50 8 Dish KMW KE654L4H6-D 04DT Wireless 700 110 0 62 6 40 4 0 12.36 2755 4520 50 8 Dish Wireless KMW KE654L4H6-D 02DT 2100 110 0 62 6 40 4 0 16.54 7213 11834 50 8 Dish KMW KE654L4H6-D 02DT Wireless 2000 110 0 62 6 40 4 0 16.56 7246 11888 50 Page 5 7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com Calavera Hills Comm -822887 -Modification 09.09.2022 Mech Mech Rad Antenna ';"",'; A2 Id~~'- ' H, ~-v.v l.e,,ngth ~~? Loss Gain ERP EIRP Center •• Carrier: Manufacturer Pattern: MHz: 'de~I: ,, . ft\: Channels: 'dBi· 1dBd\: "'" "'" <ft\ 9 Dish KMW KE654L4H6-D 04DT 600 220 0 70 Wireless 6 30 4 0 11.97 1889 3099 50 9 Dish KMW KE654L4H6-D 04DT 700 220 0 62 Wireless 6 40 4 0 12.36 2755 4520 50 9 Dish KMW KE654L4H6-D 020T 2100 220 0 62 Wireless 6 40 4 0 16.54 7213 11834 50 9 Dish KMW KE654L4H6-D 02DT 2000 220 0 62 Wireless 6 40 4 0 16.56 7246 11888 50 Notes: Table depicts recommended operating parameters for Verizon \1\/ireless proposed operations. Co-located antenna parameters based on industry standards. Page 6 7430 New Technology Way, Suite 150 Frederick, Maryland 21703 (703) 596-1022 Phone www.waterfordconsultants.com