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Home My WebLink AboutMCUP 12-06; NEXTEL RANCHO CARLSBAD SD54XC917/SD08266A - 1ST EXTENSION; Admin Decision LetterJanuary 7, 2026 {city of Carlsbad ANGELA MUMME NETWORK CONNEX 655 N CENTRAL AVENUE, SUITE 1520 GLENDALE, CA 91203 SUBJECT: FIRST EXTENSION, MCUP 12-06 (DEV01064)-NEXTEL RANCHO CARLSBAD -Request for approval of a retroactive first extension for Minor Conditional Use Permit, MCUP 12-06 - RANCHO CARLSBAD SD54XC917, to allow for the continued operation and maintenance of an existing Wireless Communication Facility (WCF) for T-Mobile consisting of nine (9) panel antennas and associated equipment installed at 5545 Fermi Court, in the Heavy Commercial -Limited Industrial (C-M) Zone and Local Facilities Management Zone 5. Dear Ms. Mumme, The Planning Division has completed its review of your application for the first extension of Minor Conditional Use Permit, MCUP 12-06 -NEXTEL RANCHO CARLSBAD (previously named Rancho Carlsbad SD54XC917), submitted on December 19, 2025. The Conditional Use Permit, which allows for the continued operation of a wireless communications facility located at 5545 Fermi Court, was approved on January 7, 2013, and expired on January 6, 2023. After careful consideration of the circumstances surrounding this request, including the Planning Division receiving documentation from TMG Property LP (property owner) authorizing the conditional use permit extension, it has been determined that (1) Minor Conditional Use Permit, MCUP 12-06-NEXTEL RANCHO CARLSBAD 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 Minor Conditional Use Permit, MCUP 12-06-NEXTEL RANCHO CARLSBAD, for a period of ten (10) years from January 6, 2023, through January 6, 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 existing use is consistent with the General Plan in that the Planned Industrial (Pl) Land Use designation does not preclude the provision of WCF uses, nor is it detrimental to existing permitted uses in the vicinity in that the WCF exhibits stealth design. 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 with no proposed modifications. Additionally, the existing Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 FIRST EXTENSION, MCUP 12-06 (DEV01064) -NEXTEL RANCHO CARLSBAD January 7, 2026 Pa e 2 WCF continues to be located within a preferred non-residential location (Industrial Zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64, and all aspects of the WCF continue to exhibit stealth design and demonstrates compliance with the Federal Communications Commission's (FCC) Radio Frequency (RF) Exposure Guidelines. 3. That the site for the 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 existing Wireless Communications Facility (WCF), which was originally designed to, and continues to exhibit stealth characteristics, remains in its existing location with no proposed modifications. Since the original approval, no site changes or significant building modifications have occurred that would otherwise visually expose the existing WCF to the public. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing unmanned Wireless Communications Facility (WCF), which remains in its existing location with no proposed modifications, was originally determined and continues to this day, to generates very little traffic, requiring only routine monthly maintenance visits and occasional visits in response to operational problems. 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 retroactively for a period of ten (10) years from January 6, 2023, through January 6, 2033. 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, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 FIRST EXTENSION, MCUP 12-06 (DEV01064) -NEXTEL RANCHO CARLSBAD January 7, 2026 Pa e 3 granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner/Planning Commission may grant. 2. All of the conditions contained in the original Administrative Approval Letter dated January 7, 2013, for MCUP 12-06 apply to this first extension and are incorporated herein by reference and remain in effect except for 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 FIRST EXTENSION, MCUP 12-06 (DEV01064)-NEXTEL RANCHO CARLSBAD January 7, 2026 Pa e 4 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 $952. 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 Jason Goff, Senior Planner, at (442) 339-2643. Sincerely, Eric Lardy City Planner EL:JG:cf c: Brendan Thiessen, TMG Property LP, 1000 Pioneer Way, El Cajon, CA 92020-1923 Kirt Babcock, T-Mobile West LLC, 10509, Sorrento Vista Parkway, Suite 206, San Diego, CA 92121 Lynda Mcclung, T-Mobile West LLC, 10509, Sorrento Vista Parkway, Suite 206, San Diego, CA 92121 Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600