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Home My WebLink AboutCUP 12-13; SDG&E STEEL POLE - 1ST EXTENSION; Admin Decision Letter{city of Carlsbad January 22, 2025 Lorelei Foronda MD7, LLC Suite 250 10590 W. Ocean Air Drive San Diego, CA 92130 SUBJECT: First Extension of CUP 12-13 (DEV012045) -SDG&E STEEL POLE -Request for approval of a retroactive first extension for Conditional Use Permit (CUP 12-13) to allow the continued operation and maintenance of an existing Wireless Communication Facility (WCF) for T-Mobile consisting of nine (9) panel antennas mounted to an SDG&E transmission pole, along with associated radio equipment cabinets in an equipment enclosure located at grade at the West Bluff North condominium development, in the Planned Community (P-C) Zone, with an underlying zoning of Exclusive Agricultural (A-E) Zone, and Local Facilities Management Zone 6. Dear Ms. Foronda, The Planning Division has completed its review of your application for the first extension of Conditional Use Permit MCUP 12-13 -SDG&E STEEL POLE, submitted on June 18, 2024. The Conditional Use Permit, which allows for the continued operation of a wireless communications facility located west of the West Bluff North condominium development at Swallow Lane, was approved on May 1, 2013, and expired on April 30, 2023. After careful consideration of the circumstances surrounding this request, including the Planning Division receiving documentation from the West Bluff North Homeowners' Association authorizing the conditional use permit extension, it has been determined that (1) Conditional Use Permit CUP 12-13 -SDG&E STEEL POLE can be retroactively extended, and (2) that the findings required for granting a Conditional Use Permit extension can be made; therefore, the City Planner retroactively APPROVES the first extension of Conditional Use Permit CUP 12-13-SDG&E STEEL POLE for a period of ten (10) years from April 30, 2023, through April 30, 2033, 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 existing wireless communication facility (WCF) provides a benefit by helping meet the demand for digital communications and data transmissions for businesses, individuals, public agencies, and emergency service systems in this area of the city. The proposed use is consistent with the General Plan in that the Residential 0-4 du/ac Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design and only minor alterations to the existing site are proposed. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 First Extension of CUP 12-13 (DEV12045) -SDG&E STEEL POLE January 22, 2025 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 existing wireless communications facility (WCF) will remain in the existing location. Additionally, the panel antennas are not considered detrimental to the existing uses in that the nine (9) panel antennas are mounted to an existing 125.33 foot tall steel transmission pole that will be painted to blend with the existing transmission pole. The panel antennas are a low-profile design that will hug the pole and extend outward approximately 30 inches from the face of the pole. The collocation of panels on the existing transmission pole also minimizes the visual impacts of the project by eliminating the need to install a new pole structure to achieve the needed height to provide coverage. 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 above ground equipment shelter complies with the E-A Zone development standards, exhibits stealth design, and is screened by landscaping to further reduce its visibility from public view. The location of the panel antennas on the transmission pole reduces the visual impact of the wireless communication facility by eliminating the need to install a new pole structure to achieve the needed height to provide coverage. The antenna panels will be painted to match and blend in with the existing transmission pole. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. Swallow Lane will be used to access the site. The existing street system is adequate to property handle any traffic generated by the use. 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 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. This Minor Conditional Use Permit Extension is granted for a period of ten (10) years from April 30, 2023, through April 30, 2033. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600 First Extension of CUP 12-13 (DEV12045) -SDG&E STEEL POLE January 22, 2025 Pa e 3 2. All of the conditions contained in Planning Commission Resolution No. 6965 dated May 1, 2013, for CUP 12-13 apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 21 which is superseded by Condition No. 1 of this approval letter. Code Reminders: 3. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ord inances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the "imposition11 of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions.11 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 $930. 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 to contact Edward Valenzuela at (442) 339-2624. Sincerely, Eric Lardy City Planner EL:EV:cf c: Ben Holbert, 1938 Swallow Lane, Carlsbad, CA 92009 T-Mobile, 10509, Sorrento Vista Parkway, Suite 206, San Diego, CA 92121 Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Aven ue I Carlsbad, CA 92008-7314 I 442-339-2600