HomeMy WebLinkAboutMCUP 12-03A; Olivenhain Sprint SD03X183; Conditional Use Permit (CUP) (2)C Cily of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
O Coastal Development Permit (*) CH Minor
[7] Conditional Use Permit (*)
0 Minor Q Extension
r~l Day Care (Large)
(FOR DEPT. USE ONLY) Legislative Permits
d General Plan Amendment
(FOR DEPT. USE ONLY)
Q Local Coastal Program Amendment (*)
r~] Master Plan CH Amendment
Q SpeclflePlan QAmendment
O Zone Change (*)
• Zone Code Amendment
South Caristiad Coastal Review Area Permits
D Review Permit
r~l Administrative O Minor [H Major
Q Environmental Impact Assessment
n Habitat Management Permit CH Minor
CH Hillside Development Permit (*) CH Minor
CH Nonconforming Construction Permit
CH Planned Development Permit CH Minor
CH Residential CH Non-Residential
CH Planning Commission Determination
CH Site Development Plan CH Minor
CH Special Use Permit
CH Tentative Parcel Map (Minor Subdivision)
CH Tentative Tract Map (Major Subdivision)
I I Variance CH Minor
NOTE: A PROPOSEO PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Villaae Review Area Permits
CH Review Permit
CH Administrative CH Minor CH Major
(*) = eligible for 25% discount
ASSESSOR PARCEL NO(S).: 255-031-03-00
PROJECT NAME: Sprint 2.5 Modernization project/SD03XC183
BRIEF DESCRIPTION OF PROJECT: Modernize existing unnnanned, qualifying, telecommunications facility. Add 6 new panel antennas in stealtfi shrouds,
add new RRUs behind parapet wall, add 3 "sw junction cylinders behind parapet wall, add one new equipment cabinet.
BRIEF LEGAL DESCRIPTION: portion of lot 10 of the subdivision of the rancho los encinitas, in the county of San Diego, according to Map No. 843, filed 6-27-1896
LOCATION OF PROJECT:
ON THE: South
1966 Olivenhain Road, Carlsbad, CA 92009
STREET ADDRESS
SIDE OF Olivenhain Road
(NORTH, SOUTH, EAST, WEST)
BETWEEN Amargosa Drive AND
(NAME OF STREET)
Rancho Santa Fe Road
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 6 Revised 12/13
OWNERNAME
(print): Olivenhain Municipal Water District
MAILING ADDRESS: 1966 Olivenhain Road
APPLICANT NAME (Print): sprint c/o SureSite Consulting Group as agent
MAILING ADDRESS: 9191 Towne Center Drive, #150
CITY, STATE ZIP: Encinitas, CA 92024 CITY, STATE, ZIP: San Diego, CA 92122
TELEPHONE 760-753-6466 TELEPHONE: 310-903-8640
EMAILADDRESS: EMAIL ADDRESS: k.moe@sure-site.com
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWJ?EDGF-
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THATALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
^l^fNATURE / J DATE ' SIGNATURE ^ DATE
APPLICANT'S REPRESENTATIVE (Print): SureSite Consulting Group, LLC /Kevin Moe
MAILING ADDRESS: 36 Executive Park, Suite 210
CITY, STATE, ZIP: Irvine, CA 92614
TELEPHONE: 310-903-8640
EMAILADDRESS: k.moe@sure-site.com
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AN0 THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT T(>TH&BCST OF MY KNOWLEDGE. . ,
SIG^TURE DATE
IN THE PROCESS OF REVIEWING THIS APPLICATION IT 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 MIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
RECEIVEL
APR 13 2015
PLANNING D[\. JON
DATE STAMP APPLICATION RECEIVED
RECEIVED BY;
P-1 Page 2 of 6 Revised 12/13
.§/'•" Development Services
\^ City of DISCLOSURE STATEMENT Plannh, Division
Carlsbad P-KA)
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
PersonJli^A Corp/Part
Title Title
Address Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person N/A Corp/Part
Title Title
Address Address
P-1 (A) Paget of2 Revised07/10
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title. Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff. Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
• Yes /J No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
nature of applicant/date
Sprint
Print or type name of applicant
ignature of owner/applicant's agent if applicable/date
Kevin Moe
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07/10
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
I, KIMBERLY A. THORNER, Assistant Secretary of the Board of Directors of
the Olivenhain Municipal Water District, DO HEREBY CERTIFY THAT the
foregoing minutes were duly adopted by the Board of Directors of said District at a
Regular Meeting of said Board of Directors held on the 9**^ day of December 2009.
I DO HEREBY CERTIFY THAT the foregoing is a full, true and correct
copy of said minutes and that same has not been amended or repealed.
DATE:
/MBERLY AH-HORNER
(ssistant Secretary, Board of Directors
Olivenhain Municipal Water District
MINUTES OF A REGULAR MEETING
OF THE BOARD OF DIRECTORS OF THE
OLIVENHAIN MUNICIPAL WATER DISTRICT
December 9, 2009
A regular meeting of the Board of Directors of the Olivenhain Municipal Water District
was held on Wednesday, December 9, 2009 at the District office, 1966 Olivenhain Road,
Encinitas, California.
President Sprague called the meeting to order at 4:00 P.M. Following the Pledge of
Allegiance, the Assistant Secretary called the roll. Directors present were Krauss, Muir,
Sprague, Topolovac, and Varty.
President Sprague declared a quorum present and ordered the meeting to proceed. In
attendance were Kimberly Thorner, General Manager; Wes Peltzer, General Counsel; Tom
Kennedy, Operations Manager; George Briest, Engineering Manager; Rainy Selamat, Finance
Manager; Tom Wood, Human Resources Manager; and Naomi Sabino, Executive Secretary.
Also in attendance were District employees Joseph Randall - Management Analyst
Supervisor; Wayne Alexander - Inspection Supervisor; Cynthia Adams - Department Assistant;
Sonja Holtman - Department Assistant; Lorrie Smith - Accountant I; Jennifer Joslin - Human
Resources Analyst; Cathy Hudson - Accountant I; Karen Ogawa - Engineering Supervisor; Jeff
Anderson - Parks Supervisor; and Chad Williams - Inspector.
5- ADOPTION OF AGENDA
Director Muir moved to adopt the agenda as recommended, seconded by Director
Krauss and carried.
6. PERSONAL APPEARANCES AND PUBLIC COMMENTS
District employees were present for agenda item number 7.
7. PRESENTATION OF AWARDS AND HONORABLE MENTIONS
* C. Wayne Alexander - 32 year service anniversary and retirement
* Jeff Anderson - 10 year service anniversary
* Cynthia Adams - New hire
On behalf of all District Managers and employees, Human Resources Manager Wood
expressed words of appreciation for Mr. C. Wayne Alexander, Inspection Supervisor, and for his
32 years of dedicated service to the District. President Sprague presented Mr. Alexander with a
monetary award and a framed Resolution on behalf of the District. The Board and all those
present congratulated Mr. Alexander and wished him well on his retirement from the District
effective December 31, 2009.
Human Resources Manager Wood further Introduced Mr. Jeff Anderson, Parks
Supervisor, and congratulated him for his 10 years of service. Ms. Cynthia Adams, Department
Assistant, was also introduced as the District's most recent new hire. Mr. Anderson and Ms.
Adams were individually congratulated by the Board and all those present.
Olivenhain Municipal Water DiSmct
Minutes - December 9, 2009
Page 2 of 8
NOTE: The meeting was in Closed Session
between 4:13 P.M. and 5:30 P.M.
8. CLOSED SESSION
A) CONSIDER PERSONNEL ISSUE - FINANCE/OPERATIONS DEPART-
MENTS [PURSUANT TO GOVERNMENT CODE SECTION 54957(b)]
B) CONSIDER DAMAGE CLAIM AT 20767 FORTUNA DEL NORTE IN ELFIN
FOREST [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)]
OPEN SESSION
President Sprague stated that Staff was instructed as to the Closed Session items.
Staff received Board approval to fill the Meter Reader/Technician I position with a Full
Time Utility I and to promote one Customer Service Representative I to a Customer Service
Representative II position as part of the Customer Service/Billing Department succession
planning. These actions result in no increase in FTE's and maintain the "Holding the Line in
2009" number of positions down to a total of 4.
Staff was additionally instructed In Closed Session on how to proceed with the
investigation and discussions on the Fortuna del Norte claim. Any immediate action on the claim
was delayed by the Board.
Following Closed Session, the meeting was joined by District customer Dr. Donald
Wilson, District Consultant Dan Smith of AECOM, and Auditor Harvey Schroeder of Diehl,
Evans & Company.
9. CONSIDER APPROVAL OF THE MINUTES OF THE NOVEMBER 18. 2009 REGULAR
BOARD OF DIRECTORS MEETING
Director Krauss moved to approve the Minutes of the November 18, 2009 Board of
Directors meeting, seconded by President Sprague and carried.
10. CONSENT CALENDAR
C-a CONSIDER APPROVAL OF A CHANGE ORDER TO 3-D ENTERPRISES. INC. FOR
THE SAN DIEGO RECYCLED WATER CONNECTION NO. 2 PROJECT IN THE
AMOUNT OF $60.000 AND AUTHORIZE THE GENERAL MANAGER TO SIGN ON
BEHALF OF THE DISTRICT
C-b CONSIDER AUTHORIZING THE RELEASE OF A NOTICE OF PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE UNIT AA RAW WATER PIPELINE
C-C CONSIDER APPROVAL OF AN AMENDMENT TO AN EXISTING AGREEMENT WITH
SPRINT PCS ASSETS. LLC TO ALLOW CELLULAR EQUIPMENT AT THE
DISTRICT'S HEADQUARTERS SITE
Olivenhain Municipal Water D^f^ct
Minutes - December 9, 2009
Page 3 of 8
C-d CONSIDER APPROVAL OF A FIFTH AMENDMENT TO AN EXISTING AGREEMENT
WITH VERIZON WIRELESS TO ALLOW CELLULAR EQUIPMENT AT THE GATY
RESERVOIR SITE AND AN IN-BUILDING EQUIPMENT AGREEMENT FOR THE
PROVISION OF A CELLULAR IN-BUILDING COVERAGE SYSTEM AT THE DAVID C
MCCOLLOM WATER TREATMENT PLANT
C-e CONSIDER ACCEPTANCE OF THE GRADING AND IMPROVEMENTS FOR
BUILDING J INTO THE DISTRICT'S SYSTEM AND ORDER THAT A NOTICE OF
COMPLETION BE FILED
C-f CONSIDER ACCEPTANCE OF THE FAIRBANKS RANCH COUNTRY CLUB
RECLAIMED WATER PROJECT AND ORDER THAT A NOTICE OF COMPLETION BE
FILED
C-g CONSIDER APPROVAL OF PRIVATE ENCROACHMENT PERMIT NO. 274 FOR
17002 SAN ANTONIO ROSE COURT (NGUYEN) AND ORDER THE PERMIT TO BE
RECORDED
C-h CONSIDER APPROVAL OF PRIVATE ENCROACHMENT PERMIT NO. 283 FOR 835
HOLLYRIDGE DR. (COAN) AND ORDER THE PERMIT TO BE RECORDED
Director Muir moved to remove Consent items C-a, C-c, and C-d and approve the
remaining Consent items, seconded by Director Krauss and carried.
Following additional discussion re: Consent item C-a, Director Muir moved to approve
the item, seconded by President Sprague and carried.
Director Muir requested additional information regarding the process for placing antenna
and cell sites. General Manager Thorner summarized the 2005 Board-approved process as well
as how the lease rates are presently determined. Engineering Manager Briest added that the
District will often request rate infonnation from various cities and survey the mari<et.
Director Krauss moved to approve Consent items C-c and C-d, seconded by President
Sprague and carried.
11. CONSIDER STAFF PRESENTATION ON THE DISTRICT'S FISCAL YEAR 2008-2009
FINANCIAL HIGHLIGHTS AND APPROVAL OF THE OLIVENHAIN MUNICIPAL
WATER DISTRICT'S FISCAL YEAR 2008-2009 AUDITED FINANCIAL STATEMENTS
Finance Manager Selamat introduced Auditor Schroeder and reviewed a PowerPoint
presentation regarding the District's audited financial statements for the prior fiscal year.
President Sprague asked the auditor if Staff was employing the wise use of public funds
with which it is entrusted. The auditor answered in the affirmative.
The Board thanked Finance Manager Selamat and Auditor Schroeder for their
presentation.
Olivenhain Municipal Water oWmct
Minutes - December 9, 2009
Page 4 of 8
12. CONSIDER REVISIONS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT'S
FINANCIAL POLICY (INVESTMENTS AND RESERVES)
General Manager Thorner stated that the majority of the revisions relate to general
housekeeping items such as decreasing the financial outlook period from 20 years down to 10
years, deleting any references to "Certificates of Deposit" and changing that to "Depository
Accounts," and replacing references to "FDIC" to Include credit unions and other financial
institutions.
Director Muir moved to approve the revisions to the Financial Policy as recommended
by Staff, seconded by Director Topolovac and carried.
13. CONDUCT THE OMWD FINANCE CORPORATION ANNUAL MEETING (See Separate
Agenda)
President Sprague conducted the OMWD Finance Corporation annual meeting. The
minutes for the OMWD Finance Corporation are attached as Exhibit "A."
14. CONSIDER CARLSBAD-POSEIDON SEAWATER DESAL PROJECT - AFFIRMATION
OF DISTRICT PARTICIPATION IN THE MWD SEAWATER DESALINATION GRANT
PROGRAM AGREEMENT
General Manager Thorner reviewed the language added to the Agreement by the
Metropolitan Water District (MWD) which basically states that if any participating agency (i.e., the
San Diego County Water Authority) participates in a majority vote to change the way the LRP's
are funded, the Agreement will automatically be terminated.
President Sprague moved to reaffirm approval of the Agreement, seconded by Director
Muir and carried.
15. CONSIDER DISCUSSION BY THE BOARD OF DIRECTORS OF THE
OLIVENHAIN MUNICIPAL WATER DISTRICT OF THE NEED FOR A
DESIGNATED DISTRICT CONSULTING ENGINEER IN ACCORDANCE WITH CA
WATER CODE SS71340-71365 et sea.
General Manager Thorner stated that there is some inconsistency between the existing
Administrative Code language and the District's actual practice with regard to the Consulting
Engineer, Board-appointed role.
In order to resolve the inconsistency, a separate, noticed Board Workshop which defines
the scope and role of the District's Consulting Engineer, explores initiatives and options, and fine-
tunes the RFP process will be scheduled for January 2010.
16. CONSIDER ADOPTION OF A RESOLUTION MAKING CEQA EXEMPTION FINDINGS
TO ESTABLISH REVISED CAPACITY FEES WITHIN ZONES OF BENEFIT WITHIN
THE DISTRICT AND ORDERING THAT A NOTICE OF EXEMPTION BE FILED WITH
THE COUNTY CLERK. COUNTY OF SAN DIEGO
General Manager Thorner stated that Items 16 and 17 may be considered together.
Olivenhain Municipal Water D^^cf
Minutes - December 9, 2009
Page Sof 8
17. CONSIDER ADOPTION OF AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE OLIVENHAIN MUNICIPAL WATER DISTRICT ESTABLISHING WATER
CAPACITY FEES FOR CALENDAR YEAR 2010 AND COMMITTING ALL WATER
CAPACITY FEES
Upon motion by Director Krauss and a second by Director Topolovac, Resolution 2009-
35 and Ordinance No. 374 were adopted by the following roll call vote;
AYES: Directors Krauss, Muir, Sprague, Topolovac, and Varty
NOES: None
ABSTAIN: None
ABSENT: None
18. CONSIDER ADOPTION OF A RESOLUTION MAKING CEQA EXEMPTION FINDINGS
FOR THE CLEARING OF VARIOUS EASEMENTS AND RIGHTS OF WAY WITHIN THE
DISTRICT AND ORDERING THAT A NOTICE OF EXEMPTION BE FILED WITH THE
COUNTY CLERK. COUNTY OF SAN DIEGO
Director Muir moved to adopt Resolution 2009-36, seconded by President Sprague and
carried.
19. CONSIDER AWARD OF A CONTRACT TO EMPIRE PIPELINE FOR CONSTRUCTION
OF THE STORM AND SANITARY SEWERS FOR BUILDING J IN THE AMOUNT OF
$157.600 AND AUTHORIZE THE GENERAL MANAGER TO SIGN ON BEHALF OF THE
DISTRICT
President Sprague moved to approve the contract with Empire Pipeline in the amount of
$157,600, seconded by Director Varty and carried.
20. CONSIDER APPROVAL OF ANNUAL REVISIONS TO THE DISTRICT'S RECORDS
RETENTION SCHEDULE
Director Topolovac moved to approve the Staff-recommended revisions, seconded by
Director Varty and carried.
21. INFORMATIONAL REPORTS
A. President's Report
President Sprague had no business items to report.
B. General Manager's Report
Operations Manager Kennedy reported that the Regional Water Quality Control Board
(RWQCB) will meet the week of December 14, 2009 to discuss additional requirements the
RWQCB intends to impose on discharges for potable water.
General Manager Thorner stated that she will meet with the President of the Escondldo
Creek Conservancy during the week of December 14 to discuss his concerns regarding the
Hodges and Interpretive Center agreements. She also reported that approximately 10 individuals
in the Elfin Forest area have been identified by Engineering Manager Briest as potential
Olivenhain Municipal Water oWmct
Minutes - December 9, 2009
Page 6 of 8
community representatives with whom the District will meet in eariy 2010 to discuss the bypass
pipeline. General Manager Thorner also said she would be testifying at the Coastal Commission
Hearing on December 10* based on a Notice of Revocation that was filed by Surfrider to revoke
the Commission's permit on the Carisbad desalination project. She explained that Surfrider is
convinced that the Commission intentionally withheld Information on the amount of fish that will be
impacted by the desalination program.
C. Consulting Engineer's Report
Mr. Smith stated that AECOM Is wrapping up an easement review project, a
specifications comparison, and an encroachment permit document required for the City of
Carisbad by the District.
D. General Counsel's Report
General Counsel Peltzer stated he had nothing to report.
E. San Diego Countv Water Authoritv Report
Director Muir stated that SDCWA has a new Deputy General Manager and that a meeting
would be taking place the week of December 14.
F. Metropolitan Water District Report
General Manager Thorner stated she had nothing further to report.
G. IRWMP Committee Report
General Manager Thorner stated there was nothing to report.
H. Twelve Month Calendar / Other Meetings/Reports
California Special Districts Association Quarterly Dinner Meeting (November 19)
President Sprague and Director Muir attended. The speaker at the event was the new
County Tax Assessor who spoke on property taxes.
Safetv Committee Meeting (November 19)
Directors Krauss and Topolovac stated there was a good simulation exercise on what to
do in the event of different emergencies. They also reported that the District's accident rate of 1.6
is truly excellent compared to the national average of 5.1 per 200,000 worked hours. Additional
discussion regarding new safety awards also took place.
Special Finance Committee Meeting (December 1)
Directors Muir and Varty stated there was nothing additional to report.
ACWA Fall Conference (December 1-4)
Directors Krauss and Topolovac attended and stated that passing the $11.1 million bond
Olivenhain Municipal Water DlWfct
Minutes - December 9, 2009
Page 7 of 8
issuance was the primary focus of the conference.
San Diego North Economic Development Council Holiday Lunch (December 3)
Director Muir stated that the speaker at the event was excellent He also reported that
Poseidon won the "Green Clean Energy Award."
I. Legislative Report
General Manager Thorner stated that all legislative reports were Included in the Board
Packets.
J. LAFCO Advison/ Committee
General Manager Thorner reported that LAFCO continues to take the stance that they will
consult with local agencies on water availability but that the final determinations will be made by
LAFCO. Examples of areas where LAFCO feels it can exercise its authority include determining
when annexations can be approved and deciding whether or not communities have adequate
services, including water. This issue will continue to be discussed in eariy 2010.
22. CORRESPONDENCE
All correspondence was provided to the Board in advance of the meeting.
23. AUTHORIZATION TO ATTEND UPCOMING MEETINGS /CONFERENCES /
SEMINARS
There are no upcoming meetings requiring authorization to attend.
24. FUTURE AGENDA ITEMS
There were no future agenda items to discuss.
25. CONSIDER PUBLIC COMMENT
Dr. Wilson stated that groups of people are traveling up the coast and labeling lagoons
and estuaries as "conservation protected land." He asked if this could have an effect on efforts to
establish desalination facilities. General Manager Thorner replied Yes; it could potentially affect
the speed or ability to buiid a plant in those areas. Dr. Wilson additionally commented that, while
attending a recent community event, he heard many positive comments about the newest issue of
Watching Water. All Directors were in agreement that the District's newsletter has improved.
26. ADJOURNMENT
President Sprague adjourned the meeting at 7:43 P.M.
Olivenhain Municipal Water Dr.
Minutes - December 9, 2009
Page 8 of 8
ATTEST:
Jad^ J. Kr^uss,\Secretary
Board of Directors
Olivenhain Municipal Water District
EdiTUjnd K. Spragu^
Board of Directors •""^
Olivenhain Municipal Water District
Ccityof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 FaradayAvenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
CH The development project and any altematives proposed in this application gre contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Sprint
Address: 9191 Towne Center Dr., #150
San Diego, CA 92122
Phone Number: .714-315-3921
Name:
PROPERTY OWNER
Olivenhain Municipal Water District
Address: 1966 Olivenhain Road
Encinitas, CA 92024
Phone Number: 760-753-6466
Address of Site: 1966 Olivenhain Road
Local Agency (City and Countv): COUnty Of San DlegO
Assessor's book, page, and parcel number:
Specify list(s):
.255-031-03-00
Regulatory Identification Number:
Date of List: /
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing Information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
Infrastructure Development Sen/ices
Authorized Agent for Sprint
Sprint Project Number: SD03XC183
Sprint Project Name: Olivenhain
CityofCarlsbad
Minor Conditional Use Permit modification Application
Project Information and Justification
Sprint is requesting approval of a conditional use permit application to allow the maintenance,
upgrading and continued operation of an immanned wireless telecommunications facility on
property already authorized for wireless telecommunication use (MCUP 12-03) in the City of
Carlsbad and presents the following project information for your consideration.
Project Location
Address: 1966 Olivenhain Road, Carlsbad, CA 92009
APN: 255-031-03-00
Zoning: Commercial Office
Project Representative
Name: SureSite Consulting Group, LLC
Address: 41593 Winchester Road, Suite 200, Temecula CA 92590
Contact Information: Kevin Moe, 310-903-8640, k.moe@sure-site,com
Sprint Contact
Name: Kristin Priesand
Sprint
9191 Towne Center Drive, Suite 150, San Diego, CA 92122
(714) 315-3921, kristin.priesand@Sprint.com
Project Description
Proposed is installation of 9 new 4G antennas, 3 per sector on the fa9ade of a mechanical
equipment screen wall on the roof of a two story water district office building and the placement
of one RRU tmit per anterma behind the building parapet wall. The nine new antennas will be
concealed behind new box screen enclosures textured painted to match the building architectural
columns. One new radio equipment will be added to the existing ground moimted equipment
enclosure. There will be a net increase in the ntmiber of antennas on the subject building fa9ade
from three to twelve. All new antermas will be concealed behind stealth boxes and all new
RRUs will be concealed behind the existing parapet wall on the roof
SureSite Consulting Group, LLC
Corporate Office: 3659 Green Road, Suite 214 * Cleveland, OH 44122 * tel 216-593-0400 * fax 216-593-0401
Western Region Office: 36 Executive Park, Suite 210, Irvine CA 92614
Infrastructure Development Sen/ices
Project Objectives
The proposed site maintenance and technology upgrade is intended to provide the residents of
Carlsbad who are served by this facility, the latest in wireless technology by improving call
quality, data transmission and speed and improving wireless broadband.
Altemative Site Analysis
This is an existing communications facility and no altemative sites were investigated.
Findings/Burden of Proof
The project site is located in an established developed area. Office buildings have proved
themselves to be ideal locations for wireless telecommunication facilities because the antenna
use can easily be integrated into the operation of the office building, having no negative impact
to the functioning of this land use or surrounding land uses. Wireless telecommimication is now
an indispensable part of everyday life and wireless customers expect to be provided nearly
flawless radio coverage at all locations and at all times. The subject project vdll provide
improved radio coverage, improved data reception and transmission and improved data
download speeds within the surroimding area to the benefit of the general health, safety, welfare
and convenience of the public in the vicinity of this facility. The proposed project will stealth all
new anteimas on the building will be screened to match the building architecture.
The proposed project is in conformance with all city General Plan goals by furthering the health,
safety, welfare and convenience of city residents with the improvement and continued operation
of a wireless telecommunication facility in an area of the city currently experiencing diminished
wireless service. The proposed project is in conformance with all Federal Commimications
Commission (FCC) regulations and standards for wireless telecommimication facilities as
documented in the attached FCC RF Certification form. All height, site and screening
requirements have been met by this project. The installation is emergency 911 compatible with
all wireless carriers.
Sprint is authorized and regulated by the Federal Communications Commission (FCC) to operate
their wireless systems in the Southem Califomia market area. Transmit power is typically
between 100 to 500 watts per anterma sector, transmitting and receiving at a frequency of 1850.0
-1865.0, and 1930.0-1945.0 MHz and 2.5 GHz. These levels are well below the safety standards
established by the FCC and no health impacts are anticipated with this project in conformance
vvith city goals for telecommunication uses. In addition. Sprint does not oppose co-location on
the subject building or project site and has left space for additional wireless carriers. This project
design will provide mitigation of future wireless development in the area by allowing for the
concentration of additional facilities at one location, thereby minimizing the spread of these
facilities throughout the commimity and providing mitigation of the potential visual impact in
more view sensitive locations.
The proposed facility will be immanned requiring approximately one maintenance visit
per month and will not have any significant impact to existing roadways and on and off
SureSite Consulting Group, LLC
Corporate Office: 3659 Green Road, Suite 214 * Cleveland, OH 44122 * tel 216-593-0400 * fax 216-593-0401
Western Region Office: 36 Executive Park, Suite 210, Irvine CA 92614
Infrastructure Development Sen/ices
site circulation nor have any impact on the character of existing development in the
neighborhood
Sprint Company Information
Sprint is one of the fastest growing nationwide service providers offering all digital voice,
messaging and high-speed broadband services to nearly 30 million customers in the United
States.
Sprint is a "telephone corporation", licensed by the Federal Communications Commission (FCC)
to operate in the 1850.0 -1865.0, and 1930.0-1945.0 MHz and 2.5 GHz frequencies, and a state-
regulated Public Utility subject to the Califomia Public Utilities Commission (CPUC). The
CPUC has established that the term "telephone corporation" can be extended to wireless carriers,
even though they transmit signals without the use of telephone lines.
Sprint will continue to operate this facility in full compliance with the regulations and licensing
requirements of the FCC, Federal Aviation Administration (FAA) and the CPUC, as govemed by
the Telecommunications Act of 1996, and subsequent modifications, the Middle Class Tax
Relief and Job Creation Act of 2012 (Section 6409) and other applicable laws.
The enclosed application is presented for your consideration. Sprint requests a favorable
determination and approval of a substantial conformance to modify its existing base station.
Please contact me with any questions or requests for additional information.
Respectfully submitted,
Kevin Moe
Authorized Agent for Sprint Nextel and
SureSite Consulting Group, LLC
Corporate Office: 3659 Green Road. Suite 214 * Cleveland, OH 44122 * tel 216-593-0400 * fax 216-593-0401
Western Region Office: 36 Executive Park, Suite 210, Irvine CA 92614
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1515601-2 06/15/2015 149
Hon, Jun 15, 2015 09:23 AM
Receipt Ref Nbr: R1516601-2/0007
PERMITS - PERMITS
Tran Ref Nbr; 151550102 0007 0007
Trans/Rcpt#: ROI09564
SET #: MCUP1203A
Amount; 1 @ $10.78
Item Subtotal: $10.78
Item Total: $10.78
1 ITEM(S) TOTAL; $10.78
Credit Card (Auth# 096927) $10.78
Total Received; $10.78
Have a nice day!
**************CUSTOMER COPY*************
City of Carlsbad
163 5 Faraday Avenue Carlsbad CA 92 008
Applicant: SURE SITE CONSULTING GROUP LLC/MOE KEVIN
Description Amount
MCUP12 03A 10.78
1966 OLIVENHAIN RD CBAD
Not valid unless validated by Cash Register
PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS
Receipt Number: R0109564 Transaction ID: R0109564
Transaction Date: 06/15/2015
Pay Type Method Description Amount
Payment Cash 10.78
Transaction Amount: 10.78
FILE Ccityof
Carlsbad
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a Minor Conditional Use Permit Amendment (IVICUP) has been applied
for to allow for the addition of six panel antennas in stealth shrouds, six RRU's behind a parapet
wall, three junction cylinders behind a parapet wall, and one equipment cabinet on property
generally located at 1966 Olivenhain Road, Carlsbad, California, and more particularly described
as:
Portion of lot 10 ofthe subdivision ofthe Rancho Los Encinitas In
the County of San Diego, according to Map No. 843, filed June 27,
1896.
If you have any objections to the granting of this MCUP or wish to have an administrative hearing
to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 calendar days ofthe date ofthis notice. If you
have any questions, please call Austin Silva in the Planning Division at (760) 602-4631.
CASE NO.: MCUP 12-03A
CASE NAME: Olivenhain Sprint SD03X183
DATE: May 28, 2015
CITY OF CARLSBAD
PLANNING DIVISION
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
OLIVENHAIN MUNICIPAL WATER
DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
VILLAGIO HOMEOWNERS ASSOCIATION
#120
1903 WRIGHT PL
CARLSBAD CA 92008
MARK & TIFFANY CANNIS
2935 CORTE PEDRO
CARLSBAD CA 92009
CRAIG & ALLI WARD
2937 CORTE PEDRO
CARLSBAD CA 92009
JUSTIN T FOIA & VAJDA KELLY A
2930 VIAPEPITA
CARLSBAD CA 92009
GEORGE & DARBY GALLAGHER
2931 VIAPEPITA
CARLSBAD CA 92009
TIMOTHY & GINA LINDELL
2929 VIAPEPITA
CARLSBAD CA 92009
PARTIPILO PATTI J
2927 VIAPEPITA
CARLSBAD CA 92009
JAMES K & JULIE M STRATTMAN
2925 VIAPEPITA
CARLSBAD CA 92009
BRITTON VIRGINIA L
14626 FAIRFORD AVE
NORWALK CA 90650
JAMES E & KATHLEEN M VILLA
2921 VIAPEPITA
CARLSBAD CA 92009
MARC A & LORI ADAM
2919 VIAPEPITA
CARLSBAD CA 92009
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DR
CARLSBAD CA 92008
BERTNESS PAULN
2917 VIAPEPITA
CARLSBAD CA 92009
GUADALUPE E & DIVA ARMAS
2915 VIAPEPITA
CARLSBAD CA 92009
COLINAS DE ORO COMMUNITY ASSN
#200
23161 MILL CREEK
LAGUNA HILLS CA 92653
BRYAN C & ANGELA M KENT
8024 AVENIDA SECRETO
CARLSBAD CA 92009
WHITE FAMILY TRUST
8020 AVENIDA SECRETO
CARLSBAD CA 92009
ANTHONY & LISA LIPSCOMB
8016 AVENIDA SECRETO
CARLSBAD CA 92009
SURESITE CONSULTING GROUP
ATTN: KEVIN MOE
37753 SPRUCE COURT
MURRIETA CA 92562
GC MAPPING SERVICE INC
ATTN: GILBERT CASTRO
3055 W VALLEY BLVD
ALHAMBRA CA91803
A notice has been mailed to
ail property owners/occupants
SlQnature:'H- ^4^1S^
CITY OF CARL3AD
300' RADIUS MAP
GC MAPPING SERVICE INC
3055 WEST VALLEY BOULEVARD
ALHAMBRA CA 91801
OFF (626) 441-1080, FAX (626) 441-8850
gcmapping@radlusmaps.conn
UEGEND
2. OWNERSHIP NO.
I OWNERSHIP HOOK
CASE NO.
DATE: 03 - 04 - 2015
SCALE: r = 100'
OWNERSHIP MAP
ATTACHMENT "1"
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
APPLICANT OR APPLICA!
BY:fc6£crfc . CufeLU^
REPRESENTATIVE
?.
DATE: <hNlL\^ OH ^ LO\'j
RECEIVED BY
DATE:
p-21 Page 3 of 6 Revised 07/10
CITY OF CARLSBAD
REVIEW AND COMIVIENT MEMO
'ALWAYS SEND EXHIBITS
DATE: APRIL 14. 2015
PROJECT NO(S): MCUP 12-03A REVIEW NO: 1
PROJECT TITLE: SPRINT 2.5 MODERNIZATION
APPLICANT: SURE SITE CONSULTING GROUP LLC
TO:
•
•
•
•
•
•
•
Land Development Engineering
Police Department-J. Sasway
Fire Department - Greg Ryan
Building Division - Will Foss
Parks & Recreation (Parks/Trails) - Liz Ketabian
Parks & Recreation (Trees & Medians) - Kyle Lancaster
Public Works Department (Streets)
Public Works Department (Traffic) - John Kim
Public Works Department (Design) - David Ahles
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
• Public Works (Storm Drain) - Clayton Dobbs
Q Public Works (Wastewater) - Don Wasko
• Public Works (Water)-Eric Sanders
• Water/Sewer District
n Landscape Plancheck Consultant - PELA
• School District
0 North County Transit District - Planning Dept.
1 I Sempra Energy - Land Management
r~l Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, bv 5/4/15. Ifyou have "No Comments," please so state. Ifvou determine that there are items that
need to be submitted to deem the application "complete" for processing, please immediatelv contact the
applicant and/or their representatives fvia phone or e-mail) to let them know.
Thank you
COMMENTS:
Signature Date
PLANS ATTACHED
Review & Comment 8/14
CITY OF
^CARLSBAD
Memorandum
April 23, 2015
To: Austin Silva, Project Planner
From: David Rick, Project Engineer
Via: Jason Geldert, City Engineer
Re: SUBJECT: MCUP 12-03A Sprint 2.5 Modernization
CONDITIONS
Land Development Engineering has completed its review of the above referenced project for
application completeness and has determined that the application and plans submitted for this
project are complete and suitable for continued review. Engineering staff does not have any
comments to add to the project. Please add the following conditions to the approving
resolution/letter:
1. 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 treatment 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 ofthe above requirements.
If you or the applicant has any questions regarding the above, please either see or call me at
extension 2781.
David Rick
Associate Engineer - Land Development Engineering
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
*ALWAYS SEND EXHIBITS
DATE: APRIL 14. 2015
PROJECT NO(S): MCUP 12-03A REVIEW NO: 1
PROJECTTITLE: SPRINT 2.5 MODERNIZATION
APPLICANT: SURE SITE CONSULTING GROUP LLC
TO:
•
•
•
•
•
•
•
Land Development Engineering
Police Department-J. Sasway
Fire Department - Greg Ryan
Building Division - Will Foss
Parks & Recreation (Parks/Trails) - Liz Ketabian
Parks & Recreation (Trees & Medians) - Kyle Lancaster
Public Works Department (Streets)
Public Works Department (Traffic) - John Kim
Public Works Department (Design) - David Ahles
SANDAG (Any huge/major development)
401 B. Street, Suite 800, San Diego CA 92101-4231
nu Public Works (Storm Drain) - Clayton Dobbs
• Public Works (Wastewater) - Don Wasko
• Public Works (Water) - Eric Sanders
• Water/Sewer District
n Landscape Plancheck Consultant - PELA
n School District
n North County Transit District - Planning Dept.
r~l Sempra Energy - Land Management
n Caltrans (Send anything adjacent to 1-5)
State of California Dept. of Transportation
Planning Division, ATTN: Jacob Armstrong
4050 Taylor Street, MS 240
San Diego, CA 92110
FROM: PLANNING DIVISION
Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday
Avenue, by 5/4/15. If you have "No Comments," please so state. Ifvou determine that there are items that
need to be submitted to deem the application "complete" for processing, please immediatelv contact the
applicant and/or their representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS:
Signature Date
PLANS ATTACHED
Review Comment 8/14 ^^C,
Ccityof
Carlsbad
June 18, 2015
SureSite Consulting Group, LLC
Attn: Kevin Moe
36 Executive Park, Suite 210
Irvine, CA 92614
SUBJECT: NOTICE OF RESTRICTION - MCUP 12-03A - OLIVENHAIN PCS SD03XC183
Dear Applicant:
Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This
is to fulfill a condition of approval of the MCUP 12-03A. Please ensure the following items are addressed
prior to returning to the city:
Correct Notary Acknowledgement Required (Effective Januarv 1. 2008. all Certificates of
Acknowledgement used by a California notarv on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
^ Document must be properly notarized.
v' Name on signature page and name on Notarial Acknowledgement must match.
•/ Property owner's signatures/initials must be the same as on Notary Acknowledgement.
•/ Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light)
^ Include property owner's name in the designated space above the owner's signature.
Please pay particular attention to the signature requirements at the bottom ofthe signature page.
Please do not fold documents.
Return original signed and notarized documents.
It is our goal to assist you in getting the document recorded as expeditiously as possible. Ifyou have any
questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst
at (760) 602-4615 or via email at michele.masterson(a)cadsbadca.gov.
Sincerely,
AUSTIN SILVA, AlCP
Associate Planner
c: Michele Masterson, CED Senior Management Analyst
Communfijf ^^B)Snomlc Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 j 760-602-8560 f | www.carlsbadca.gov
f^til^f
Carlsbad
June 16, 2015
Kevin Moe
SureSite Consulting Group, LLC
Suite 210
36 Executive Park
Irvine, CA 92614
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-03A - OLIVENHAIN SPRINT
SD03X183 - Request for approval of a Minor Conditional Use Permit Amendment
(MCUP 12-03A) to allow for the modification of an existing wireless communication
facility (installation of nine new antennas which are concealed behind box screen
enclosures textured and painted to match the building's architectural columns, six
junction cylinders, and one new equipment cabinet concealed within an existing
enclosure) at 1966 Olivenhain Road, in the Office Zone and Local Facilities Management
Zone 11.
Dear Mr. Moe,
The City Planner has completed a review of your application for a Minor Conditional Use Permit 12-03A
for the modification of an existing wireless facility at 1966 Olivenhain Road. A notice was sent to
property owners within a 300' radius of the subject property requesting comments regarding the above
request. No comments were received within the ten day notice period (ending on June 8, 2015). After
careful consideration of the circumstances surrounding this request, the City Planner has determined
that the four findings required for granting a Minor Conditional Use Permit can be made and therefore,
APPROVES this request 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 (a) the use is necessary and
desirable for the development of the community because of the benefit and demand for digital
communication and data transmissions for businesses, individuals, public agencies and
emergency service systems in this part of the city; (b) the proposed use is consistent with the
General Plan in that the Government Facilities (G) Land Use designation does not preclude the
provision of Wireless Communication Facility (WCF) use. The proposed WCF is consistent with
City Council Policy No. 64, (Office Zone) and has a stealth design. The projecfs location and
stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's
appearance.
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 WCF is located in a preferred location
(Office Zone) as listed in Location Guideline A.1.C of City Council Policy Statement No. 64, and all
aspects of the WCF exhibit stealth design as the replacement antennas are concealed behind box
screen enclosures that will be textured and painted to match the existing building. The WCF use
is not precluded by the project site's Office (O) Zone. Furthermore, the modification to the WCF
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601 760-602-8560 f | www.carlsbadca.gov
fUP iZlJ^aDLIVENHATN SPRINT SD03X183
Page 2
will not result in any additional building coverage, does not visually impact the existing site or
building design as the box screen enclosures are designed so that they blend in with the building
architecture. The project has been conditioned to comply with FCC RF Exposure Guidelines.
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 all of the proposed replacement antennas are
mounted behind box screen enclosures and the equipment cabinet is located in an existing
enclosure outside the building. The minor modifications (installation of nine new antennas, six
junction cylinders, and one new equipment cabinet) will not Impact the appearance of the
building as the RF panel screens are designed to blend in with the existing building texture and
color.
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 WCF requires, on average, one monthly maintenance
visit and occasional visits In response to operational problems.
5. That the existing and proposed WCF is consistent with City Council Policy No. 64 in that it is located
In a preferred location (Office Zone) as listed in Location Guideline A.1.C of City Council Policy
Statement No. 64 and exhibits stealth design, as the three replacement antennas are mounted
behind box screen enclosures textured and painted to match the building thereby exhibiting
stealth design techniques. The equipment is located in an existing enclosure outside the building
that is textured and painted to match the existing building.
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.
Additionally, as AT&T Mobility must comply with FCC regulations, radio frequency emissions from
the proposed facility are below levels established as acceptable by the FCC, and are therefore not
considered a health hazard. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 ofthe 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, hereby finds, in this case that the exactions are imposed to mitigate the 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 12-03A as shown on Exhibits "A" - "E" dated June 16, 2015 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 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
MCUP 12-03A-OLIVENHAIN SPRTlSiT SD03X183
June 16, 2015
Page 3
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 ofthis Minor Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 12-03A 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 ofthis Minor Conditional Use Permit, (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 11 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 12-03A 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.
8. This Conditional Use Permit has been granted for a period of 10 years from June 16, 2015 through
June 15, 2025. 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 ten (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
MCUP 12-03A - OLIVENHAIN SPRINT SD03X183
June 16, 2015
Page 4
which will eliminate or substantially reduce such effects. There is no limit to the number of
extensions the Planning Commission may grant.
9. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Conditional Use Permit Amendment on the real property owned by the
owner/applicant. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice, which modifies or terminates said notice upon a
showing of good cause by the owner/applicant or successor in interest.
10. This approval shall become null and void if building permits are not issued for this project within 24
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. Developer/Operator shall comply with the Federal Communication Commission's guidelines on
limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months
after the issuance of occupancy, and with any time extension or amendment request, the
Developer/Operator shall submit to the City Planner either (1) verification that the project is
categorically excluded from having to determine compliance with the RF exposure guidelines per 47
CFR §1.1307(b)(1); or (2) a project implementation report which provides cumulative field
measurements of RF emissions of all antennas installed at the subject site. The report shall quantify
the RF emissions and compare the results with the exposure limits established by the FCC
guidelines. Said report shall be subject to review and approval by the City Planner for consistency
with the Project's preliminary report on RF exposure submitted with the initial project application
and for consistency with the FCC guidelines. If, on review, the City finds that the Project does not
meet the FCC guidelines, the City may revoke or modify this conditional use permit.
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.
P^^T MCUP 12-03A - OLIVENHAIN SPRINT SD03X183
June 16, 2015
Page 5
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 ofthe public to the Planning Commission
within ten days ofthe date ofthis letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00 (plus noticing fees). 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 Austin Silva at (760) 602-4631.
Sincerely,
DON NEU, AlCP
City Planner
CD:AS:fn
c: Kimberly Thorner, Olivenhain Municipal Water District, 1966 Olivenhain Road, Encinitas, CA 92024
Sprint, Suite 150, 9191 Town Center Drive, San Diego, CA 92122
David Rick, Project Engineer
File Copy
DMS
Data Entry
loyEf
Carlsbad June 16, 2015
Kevin Moe
SureSite Consulting Group, LLC
Suite 210
36 Executive Park
Irvine, CA 92614
SUBJECT: MCUP 12-03A - OLIVENHAIN SPRINT SD03X183 - CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE
CEQA Determination;
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing
Facilities - Section 15301. No environmental review is required for the project. A Notice of Exemption
will be filed after approval ofthe project with the San Diego County Clerk's Office which involves a filing
fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Dlego
County Clerk. The check should be submitted approximately one week prior to the City Planner
decision date.
Target Decision Date:
In the interest of expeditiously processing your application consistent with the State Permit Streamlining
Act (California Government Code Section 65950), an administrative decision to approve or deny the
project should be determined by August 16, 2015.
Therefore, in the interest of achieving that decision date, all remaining project issues must be addressed
by August 4, 2015. If all project issues are not resolved by the date listed above, you may formally
request a one-time 90 day application extension. Otherwise, you will need to withdraw the application.
For additional information related to this CEQA applicability/process determination or should you have
any questions regarding an application extension or would like to withdraw your application, please
contact Austin Silva at (760) 602-4631 or by email at austin.silva(S)carlsbadca.gov.
Sincerely,
DON NEU, AlCP
City Planner
DN:AS:fn
c: Kinnberly Thorner, Olivenhain Municipal Water Distrirt, 1966 Olivenhain Road, Encinitas, CA 92024
David Rick, Project Engineer
File Copy
Data Entry
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601760-602-8560 f | www.carlsbadca.gov
Pll F Ccityof
Carlsbad
June 2, 2015
Kevin Moe
SureSite Consulting Group, LLC
Suite 210
36 Executive Park
Irvine, CA 92614
SUBJECT: 1st REVIEW FOR MCUP 12-03A - OLIVENHAIN SPRINT SD03X183
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Conditional Use Permit Amendment, application no. MCUP 12-03A, as to its completeness
for processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date ofthis communication. The
City may, in the course of processing the application, request that you clarif/, amplify, correct, or
otherwise supplement the basic information required for the application. There are no issues to
address. The Planning Division will begin processing your application as of the date of this
communication.
Sincerely,
DON NEU, AlCP
City Planner
DN:AS:fn
c: Kimberly Thorner, Olivenhain Municipal Water District, 1966 Olivenhain Road, Encinitas, CA 92024
David Rick, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
Data Entry
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601 760-602-8560 f (www.carlsbadca.gov
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