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Home My WebLink AboutCUP 2019-0032; TRAILBLAZER PARK WCF - 3RD EXTENSION; Admin Decision LetterAugust 6, 2025 Shelly Kilbourn PlanCom Inc. 16776 Bernardo Center Drive #203 San Diego, CA 92128 {'city of Carlsbad SUBJECT: CUP 2019-0032 (DEV2019-0179) -TRAILBLAZER PARK WCF -THIRD EXTENSION The Planning Division has completed its review of your application for the third extension of Conditional Use Permit CUP 2019-0032, which permitted a temporary Wireless Communications Facility (WCF) consisting of two, 55-foot-tall ground mounted faux mono-eucalyptus trees and an equipment enclosure on a graded 5.54-acre site at 3465 Trailblazer Way, in the Open Space (O-S) zone, within Planning Area 12 of the Robertson Ranch Master Plan. The project was approved by the Planning Commission on June 3, 2020, pursuant to Planning Commission Resolution No. 7370 and was due to expire on June 3, 2023. The first one-year extension was retroactively approved on January 30, 2024 .. The second one-year extension was retroactively approved on June 17, 2024. The subject request is the third of three potential extensions granted pursuant to Planning Commission Resolution No. 7370. Since the Robertson Ranch Park is still within the initial planning stages and construction has not commenced, the City Planner is extending the permit for an additional two years, resulting in a three- year extension. After careful consideration of the circumstances surrounding this request, it has been determined that the findings required for granting a Conditional Use Permit can be made; therefore, the City Planner APPROVES the third extension of Conditional Use Permit CUP 2019-0032 -TRAILBLAZER PARK WCF, for three years from June 3, 2025, to June 3, 2028, based on the following findings and conditions. Findings: 1. All the findings contained in the Planning Commission Resolution No. 7370 dated June 3, 2020, for Conditional Use Permit CUP 2019-0032 -TRAILBLAZER PARK WCF, apply to this extension and are incorporated herein by reference and remain in effect. 2. That the third extension of Conditional Use Permit CUP 2019-0032 remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at this time. 3. That circumstances have not substantially changed since Conditional Use Permit CUP 2019-0032 was originally approved in that the Robertson Ranch Park site is still in the early stages of planning, is not under construction, and the provisions of City Council Policy No. 84 remain unchanged. 4. That the extension for CUP 2019-0032 for the temporary WCF is appropriate because the Robertson Ranch city park is in the initial planning stages. A CUP for a permanent facility cannot be submitted Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CUP 2019-0032 (DEV2019-0179)-TRAILBLAZER PARK WCF -THIRD EXTENSION August 6, 2025 Pa e 2 until Robertson Ranch Park is completed. Condition No. 12 of Planning Commission Resolution No. 7370 contemplated the allowance for three, one-year time extensions. Since the park is not under construction yet, the City Planner supports a three-year extension to CUP 2019-0032. The WCF project remains consistent with City Council Policy No. 84 and Title 21 of the Carlsbad Municipal Code. 5. The City Planner has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15303, New Construction or Conversion of Small Structures. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the city limits, is less than five acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Conditions: 1. 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 third extension of Conditional Use Permit CUP 2019- 0032. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the third extension of Conditional Use Permit CUP 2019-0032 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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 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. 5. 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 third extension of Conditional Use Permit CUP 2019-0032; (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use CUP 2019-0032 (DEV2019-0179} -TRAILBLAZER PARK WCF -THIRD EXTENSION August 6, 2025 Pa e 3 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. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. The third extension of Conditional Use Permit CUP 2019-0032 is retroactively granted for a period of three years from June 3, 2025, to June 3, 2028. 7. All conditions contained in Planning Commission Resolution No. 7370 dated June 3, 2020 and the second time extension letter dated June 17, 2024, apply to this third extension, and are incorporated herein by reference and remain in effect, except that Condition No. 6 of the second extension letter dated June 17, 2024 is superseded by Condition No. 6 above. Sincerely, ERIC LARDY, AICP City Planner EL:SH:CF c: Curtis Jackson, Real Estate Manager, Community Services Nick Stupin, Park Planning Manager, Parks & Recreation Shannon Harker, Project Planner Data Entry Laserfiche