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HomeMy WebLinkAboutMCUP 15-09; AT&T SD0437 BLACK RAIL ROAD - 1ST EXTENSION; Admin Decision Letter(city of Carlsbad December 3, 2025 Harold Thomas MD7 LLC 950 W Bethany DR Suite 700 Allen, TX 75013 SUBJECT: First Extension of MCUP 15-09 (DEV15044) -AT&T BLACK RAIL ROAD -Request for approval of a retroactive first extension for Minor Conditional Use Permit (MCUP 15-09) to allow the continued operation and maintenance of an existing Wireless Communication Facility (WCF) for AT&T consisting of thirteen (13) panel antennas and thirty-two {32) remote radio units (RRUs) mounted to three water tanks on city property, along with associated equipment in an equipment enclosure located at 6510 Black Rail Road, in the One-Family Residential (R-1) zone, and Local Facilities Management Zone 20. Dear Mr. Thomas, The Planning Division has completed its review of your application for the first extension of Minor Conditional Use Permit MCUP 15-09 (DEV15044) -AT&T BLACK RAIL ROAD, submitted on October 30, 2025. The Minor Conditional Use Permit, which allows for the continued operation of a wireless communications facility located on three existing city water tanks on Black Rail Road, was approved on August 11, 2015, and expired on August 11, 2025. After careful consideration of the circumstances surrounding this request, it has been determined that (1) Minor Conditional Use Permit MCUP 15-09 (DEV15044) -AT&T BLACK RAILROAD can be retroactively extended, and (2) that the findings required for granting a Minor Conditional Use Permit extension can be made; therefore, the City Planner retroactively APPROVES the first extension of MCUP 15-09 (DEV15044) -AT&T BLACK RAIL ROAD for a period of ten (10) years from August 11, 2025, through August 11, 2035, 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 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 use is consistent with the Ge neral Plan in that the R-4, Residential 0-4 du/ac Land Use designation does not preclude the provision of WCF uses. The use is not detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design and no alterations to the existing site are proposed. 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 remain in the existing location. Additionally, the panel antennas are not considered detrimental to the existing uses in that the sixteen (16) panel antennas are concealed with fiberglass reinforced panels flush at the top Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 First Extension of MCUP 15-09 (DEV15044) -AT&T BLACK RAIL ROAD December 3, 2025 Pa e 2 of the water tanks and have been painted to match the tanks. Furthermore, the antennas do not visually impact the site and do not interfere with nor are readily visible to other surrounding uses. 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 eight foot tall panel antennas and RRUs are located on existing water tanks, are concealed with fiberglass reinforced panels, and are painted to match the color of the water tanks, thereby exhibiting a stealth design and the equipment cabinet is located within an existing 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 use generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. Black Rail Road 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. Co nditions: 1. This Minor Conditional Use Permit Extension is granted for a period of ten (10) years from August 11, 2025, through August 11, 2035. 2. All of the conditions contained in Administrative Approval Letter dated August 11, 2015, for M CUP 15-09 apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 8, 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 ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600