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HomeMy WebLinkAboutMCUP 12-04; South Palomar Mod Project; Conditional Use Permit (CUP) (2)<<~ ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Administrative Permit 0 Coastal Development Permit {*) 0 Minor 0 Conditional Use Permit {*) ~Minor [I Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit {*) 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative 0 General Plan Amendment 0 Local Coastal Program Amendment {*) 0 Master Plan 0 Specific Plan 0 Zone Change {*) 0Amendment 0Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major {*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 212-092-36-00 PROJECTNAME: South Palomar I SD03XC145 Network Vision Modernization Project BRIEF DESCRIPTION OF PROJECT: Modify existing unmanned telecommunications facility: removing 9 panel antennas; installing 3 new panel antennas. See plans for more details BRIEF LEGAL DESCRIPTION: (ex Sbe Maps 2720-3 7-33&2748-37-95) Par 2 LOCATION OF PROJECT: 5858 Edison Pl., Carlsbad, CA 92008 STREET ADDRESS ON THE: South SIDE OF Camino vida Roble {NORTH~.-=s"=o":":'uT=H-=-. -=E-=-As=-=T=-. :-:-w=E=sn=--{NAME OF STREET) BETWEEN DEAD END AND {NAME OF STREET) (NAME OF STREET) P-1 Page 1 of6 Revised 06/12 ------------------- OWNER NAME (Print): Gg Pacific Enterprises LLC MAILING ADDRESS: 4636 Via Huerta CITY, STATE, ZIP: Santa Barbara, CA 93110 TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNO?d?L !tJ /;-= SIGNJ(fiJRE DATE APPLICANT'S REPRESENTATIVE (Print): Ed Gala APPLICANT NAME (Print): Sprint c/o Alcatel MAILINGADDRESS: 9605 Scranton Rd., #400 CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 619-416-6295 EMAIL ADDRESS: -----------------------------------------------------MAILINGADDRESS: 20612 Kelvin Lane CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: Huntington Beach, CA, 92646 714-404-4237 e.gala@sure-site.corn E LEGAL REPRESENTATIVE OF THE THE ABOVE INFORMATION I TRUE ND · F MY KNOWLEDGE. 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. 1/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 HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAN AND IN 'A S CESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page2of6 RECEIVED AUG 2 9 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 06/12 LETIER OF AUTHORIZATION APPLICATION FOR ZONING/LAND USE ENTITLEMENTS Site Number: SD03XC145 Property Address: 5868 Edison Place Carlsbad, CA 92008 Assessor's Parcel Number: 212-092-23 , owner of the above described property, authorize Sprint/Nextel, it's agents or representatives, to act as an agent on my behalf for the sole purpose of consummating any building and land-use applications necessary to ensure Sprint/Nextel's ability to use the property for the purpose of construction and operation of a communications facility. I understand that this application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits. By signing this document, I am also providing permission for Sprint/Nextel's agents and representatives to enter the property, with prior notice and subject to my permission, solely for the purpose of developing project design and construction specifications. Any other entry or testing will be subject to a separate agreement. I further understand that signing this authorization is not to be construed as a commitment of any kind, and that all land-use approval obtained will be subject to the successful completion of lease negotiations and my approval of the project site plans. Signature PLEASE NOTARIZE State of California ll County of Sawb. ~r-k v-e.. of Property Owners(s): On ~ -;:z, ~~ 'Z... before me, (here insert name and title of the officer), personally appearetf( = ;nol.c.h L who proved to me on the basis of satisfactory evidence to be the person~ whose name()1 is/~ subscribed to the within instrument and acknowledged to me that lJiishejtplY executed the same in qi6;herfthJMi' authorized capacity~, and that by ~fherj~r signature~ on the instrument the persm~, or the entity upon behalf of which the person(s) acted, executed fhe instrument. I certify under PENALTY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s~~ (Seal) «~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ed Gala Corp/Part Sprint Spectrum LP Title Authorized Agent for Sprint Title ____________ _ Address. __________ _ Address 6391 Sprint Pkwy. overland PK KS 66251 2. OWNER (Not the owner's agent) P-1(A) 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% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part Gg Pacific Enterprises LLC Title ___________ _ Title _____________ _ Address _________ _ Address 4636 Via Huerto Santa Barbara, CA 93110 Page 1 of2 Revised 07/10 3. 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? / D Yes G'No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. See LOA Signature of owner/date Gg Pacific Enterprises Ed Gala (Authorized Agent) Print or type name of applicant P-1(A) Page 2 of2 Revised 07/10 «~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue {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): IX] 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. 0 The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:Ed Gala (Authorized Agent for Sprint) Name: Gg Pacific Enterprises LLC Address: 20612 Kelvin Lane Address: 4636 Via Huerto Huntington Beach, CA 92646 Santa Barbara, CA 93110 Phone Number: 714-404-4237 Phone Number: __________ _ Address of Site: 5858 Edison Place Local Agency (City and County): City of Carlsbad, San Diego County, CA Assessor's book, page, and parcel number:_2_1_2_-_0_9_2_-_3_6_-_o_o ____________ _ Specify list(s):.____,~~t:l..---------------------------- Regulatory Identification Number:. _______________________ _ 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 07/10 Property Detail Subject Property : 5858 Edison PI Carlsbad CA 92008 Owner Information Owner Name : Gg Pacific Enterprises L L C Mailing Address: 4636 VIa Huerto, Santa Barbara CA 93110·2326 Vesting Codes : I I Corporation Location Information Legal Description : (ex Sbe Maps 2720-37·33&2748-37-95) Par 2 County : San Diego, Co Tract : 1015687 Census Tract I Block : 221.00 I 1 APN : 212-092-36·00 Last Market Sale Information Recording/Sale Date : 0411312007 I 0410612007 Sale Price : $2,488,000 Sale Type : FuR Seller Name : Novak Mickey Trust Prior Sale Information Prior Rec/Sale Date: 1211411995 Property Characteristics Gross Area: 16,568 Property Information Land Use : Warehouse County Use : Warehousing US TITLE SOLUTIONS Living Area: 16,568 Zoning: 7 Res/Comm Units : School District : Carlsbad Document # : 249813 Deed Type : Grant Deed Prior Doc Number : 568770 Year Built/ Eff: /1995 Lot Acres: 2.00 Lot Size : 87,120 Prepared On: 08/15/2012 2012 CoreLogic. All rights reserved Tax Information Total Value: $1,975,000 Land Value : $987,500 Improvement $987,500 Value: Total Taxable $1,975,000 Value: Assessed Year: 2011 Improve % : 50% US TITLE SOLUTIONS Tax Year: 2011 Property Tax: $24,303.84 Tax Rate Area: 09104 Water Tax: CARLSBAD IMP 601 0-15 $2,756.70/0.00 CARLSBAD CFD #1 Tax I Rate: 6010-01 $146.32/0.00 CARLSBAD LIGHTING #1 Tax I Rate: Property Detail 6010-09 LTG/ $98.40/0.00 LANDSCAPE ZN M Tax I Rate: 5119-14 VECTOR $29.30/0.00 DISEASE CTRL Tax I Rate: 6727-48 MWD WTR $23.02/0.00 STANDBY CHRG Tax I Rate : 6754-48 CWA WTR $20/0.00 AVAILABILITY Tax I Rate: 511 9-11 $3/0.00 MOSQUITO SURVEILLANC Tax I Rate : TOTAL OF SPECIAL $3,076.74/0.00 ASSESSMENTS Tax I Rate : Prepared On: 08/15/2012 2012 CoreLogic. All rights reserved Sprint-Alcatei-Lucent Mal/stop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Parle, KS 66251 March 1, 2012 RE: Sprint Wireless Broadcast Facilities Subject: Letter of Authorization for Alcatei-Lucent Dear Sir or Madam: Sprint'· k ·· The intent of this letter is to provide notification that Sprint has engaged Alcatei- Lucent to evaluate site conditions and perform construction at multiple Sprint facilities around the country. These services may include performing on-site inspections and studies, and application for, or negotiations of, additional rights and entitlements for the facility. If modifications to our current real estate agreement are necessary, Alcatei-Lucent is authorized to perform these services on behalf of Sprint. This authorization is valid for Sprint "Network Vision" project and is effective until March 1, 2013. Sprint Nextel values its relationships with our landlords and the communities where our facilities are located and has instructed Alcatei-Lucent to protect our good standing in all matters. To that extent, please accept this as our authorization for you allow access to the site and to discuss possible changes that may be proposed at the facility with Alcatel-lucent. In the event that you have questions related to this project and need to speak with Alcatei-Lucent, please contact Rachael Young at 913-338-8835. If you are dissatisfied with any aspect of the performance of Alcatei-Lucent, please ask them to provide the Sprint representative contact information for the project. For non-Project-related issues you may contact the Sprint Landlord Relations Hotline at LandlordSolutions@Sprint.com or 800-357-7641. The Sprint landlord Relations Hotline group CANNOT help you with work that is being done by the vendors mentioned above, but only deals with routine daily operational issues that arise at our sites. Thank you for your support and consideration. Sincerely, tidff~ Alba Barber Project Manager· SPRINT ' •·' I 'I Alcatel· Lucent fj September 16, 2011 To Whom it May Concern: San Diego Office 9605 Scranton Road, Suite 400 San Diego, CA 92121 Suresite Consulting Group, LLC, its employees and agents (collectively, "Suresite"), are authorized representatives of Alcatel-lucent and have been contracted to perform real estate leasing, land use entitlements, architectural, and engineering services for development of and modification of SprintNextel communication facilities. As a representative of Alcatel-lucent, Suresite is authorized to sign, submit, and review land-use applications and permits; provide representation at meetings and hearings; and negotiate leases on Alcatel-lucent's behalf. All final land-use documents are subject to Alcatel-lucent's review and approval. Furthermore, all leases, and any other legally binding documents, are contingent upon Alcatei-Lucent's review and the signature of a duly authorized Alcatel-lucent manager. If there are any questions or comments, please contact me. Best Regards, ArtVos San Diego Market Manager 602-499-3340 «~ ~ CITY OF CARLSBAD INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. ISECTION1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Housing_ subdivisions of 10 or more dwelling_ units. Examples: single family homes, multi-family homes, X condominium and apartments 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial X nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heaw Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal X working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, X 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the X land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. E-34 Page 1 of 3 REV 1/14/11 6. 7. 8. 9. «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Hillside develOPment. Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is X twenty-five percent (25%} or greater. Environmentally Sensitive Area fESA)1. All development located within or directly adjacenf to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff Streets. roads, highways, and freeways. Any paved surface that is 5,000 square feet or greater used for the X transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasolin§. Qutlfl.fl. Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Coastal Developm§.nt Zone. Any project located within 200 feet of the Pacific Ocean and ( 1) creates more than X 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Project4. .. 1 Environmentally Sens1t1ve Areas 1nclude but are not hm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas designated as Areas of Spec1al Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging direcUy to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I SECTION2 SIGNtFICANT REDEVEI.Of!IMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development X Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged X pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or X more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. .. * for definrtron see Footnote 4 on page 2 SECTlON3 QUESTIONNAIRE RESULTS CJ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. ~ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As art of these re uirements, I will incor orate low im act develo ment strat ies throu hout m ro·ect. Address: E-34 Applicant Information and Signature Box Assessor's Parcel Number(s): 212-092-36-00 Applicant Title: Date: Sprint Page 3 of3 This Box for City Use Only City Concurrence: I YES I By: Date: Project 10: REV 1/14/11 I NO I e '~ _, SureSite _______ _ lnfrastmcture Development Services Authorized Agent for Sprint Nextel and Alcatel Lucent Sprint Nextel Project Number: SD03XC145 Sprint Nextel Project Name: South Palomar City of Carlsbad Minor Conditional Use Permit Application Project lriformation and Justification Sprint Nextel is requesting approval of a conditional use permit application to allow the maintenance; upgrading and continued operation of an unmanned wireless telecommunications facility on property already authorized for wireless telecommunication use (MCUP 07-05) in the City of Carlsbad and presents the following project information for your consideration. Project Location Address: 5858 Edison Place, Carlsbad, CA 92008 APN: 212-092-23 Zoning: Industrial Project Representative Name: SureSite Consulting Group, LLC Address: 20612 Kelvin Lane, Huntington Beach, CA 92646 Contact Information: Ed Gala, 714-709-1523, e.gala@sure-site.com Sprint Contact Name: Steve Layman Alcatel Lucent 9605 Scranton Road, Suite 400, San Diego, CA 92121 (619) 417-6295 steve.layman@alcatel-lucent.com Project Description Proposed is the removal of nine panel antennas located on the fac;ade of a one story industrial building and the reinstallation of one new 4G antenna per sector and the placement of one RRU unit per new antenna behind the building wall. One existing radio equipment cabinet will be removed and replaced with a new 4G equipment cabinet within the existing equipment enclosure. A net reduction from nine to three panel antennas from the original CUP entitlement will occur with this project. SureSite Consulting Group, LLC Corporate Office: 3659 Green Road, Suite 214 * Cleveland, OH 44122 • tel216-593-0400 * fax 216-593-0401 Western Region Office: 5955 DeSoto Avenue, Suite 142 *Woodland Hills, CA 91367 e '/ -j' SureSite _______ _ Infrastructure Development Services 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. Alternative Site Analysis The following locations were evaluated for possible locations for the facility: NA. Proposed is the modification and maintenance upgrade to an existing Sprint installation Findings/Burden of Proof The project site is located in an existing developed industrial area. Industrial building have proved themselves to be ideal locations for wireless telecommunication uses because the wireless use can be integrated into the site design having no impact to the functioning of this land use or surrounding land uses. Sprint is unaware of any negative visual impact generated by the existing facility and the new proposal will reduce potential visual impacts even further by reducing the number of fa~ade mounted panel antenna on site. The proposed site maintenance will not significantly change the appearance of this facility and consequently no visual impact is anticipated with project approval. Wireless telecommunication 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 will provide improved radio coverage, improved data reception and transmission and improved data download speeds within the surrounding area to the benefit of the general health, safety, welfare and convenience of the public in the vicinity ofthis facility. In addition all the antennas 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 Communications Commission (FCC) regulations and standards for wireless telecommunication 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 Southern California market area. Transmit power is typically between 100 to 500 watts per antenna sector, transmitting and receiving at a frequency of 1850.0 -1865.0, and 1930.0-1945.0 MHz. These levels are well below the safety standards established by the FCC and no health impacts are anticipated with this project in conformance with 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 SureSite Consulting Group, LLC Corporate Office: 3659 Green Road, Suite 214 • Cleveland, OH 44122 • tel216-593-0400 • fax 216-593-0401 Western Region Office: 5955 DeSoto Avenue, Suite 142 • Woodland Hills, CA 91367 e '/ -j' SureSite _______ _ Infrastructure Development Services 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 community and providing mitigation of the potential visual impact in more view sensitive locations. The proposed facility will be unmanned requiring approximately one maintenance visit per month and will not have any significant impact to existing roadways and on and off site circulation nor have any impact on the character of existing development in the neighborhood Sprint Nextel Company Information Sprint Nextel is one of the fastest growing nationwide service providers offering all digital voice, messaging and high-speed data services to nearly 30 million customers in the United States. Sprint Nextel 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 frequencies, and a state- regulated Public Utility subject to the California 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 Nextel 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 governed by the Telecommunications Act of 1996, and subsequent modifications, the Middle Class Tax Relief and Job Creation Act of2012 (Section 6409) and other applicable laws. The enclosed application is presented for your consideration. Sprint Nextel 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, Edward Gala Authorized Agent for Sprint Nextel and Alcatel Lucent SureSite Consulting Group, LLC Corporate Office: 3659 Green Road, Suite 214 * Cleveland, OH 44122 * tel216-593-0400 * fax 216-593-0401 Western Region Office: 5955 DeSoto Avenue, Suite 142 *Woodland Hills, CA 91367 1 ,, • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 IIIII illllllllllllllllllllllll Applicant: SPRINT C/0 ALCATEL Description Amount MCUP1204 715.80 5858 EDISON PL CBAD Receipt Number: R0091029 Transaction ID: R0091029 Transaction Date: 08/29/2012 Pay Type Method Description Amount Payment Credit Crd VISA 715.80 Transaction Amount: 715.80 . -~ • City of Carlsbad Faraday Center Faraday Cashiering 001 1224201-2 08/29/2012 98 Wed, Aug 29, 2012 01 :35 PM Receipt Ref Nbr: R1224201-2/0044 PERMITS -PERMITS Tran Ref Nbr: 122420102 0044 0053 Trans/Rcpt#: R0091029 SET#: MCUP1204 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Check (Chk# 0217) Credit Card (Auth# 51926G) Total Received: Have a nice day! 1 @ $715.80 $715.80 $715.80 $715.80 $705.00 $10.80 $715.80 **************CUSTOMER COPY************* SD03XC145 5858 Edison Place ~ Carlsbad, CA 92008 View 2 SureSite Consulting Group Steve Layman Ed Gala Site Acquisition Manager, San Diego Market 5955 DeSoto Ave., #142 9605 Scranton Rd, Ste 400 Woodland Hills, CA 91367 San Diego, CA 92121 M (714) 709-1523 619-417-6295 Photographic Visualizations Provided By: Apple Valley, CA 92308 /.). · J IINNI.scdgllc.com V~' (sn)532-5579 SCDG llC. (760)513-9036 fax SoCal Design Group eci.Yard@scdgHc.com TN"Ip#IDioUrlultllo/lltbefntifJIIfJII/dtdut~ .. --,.,...,llliOIIof'-/I('OfloUtllli'ftMJIIIf:Wir. Fortncr~amldot....,,...•nlftloiiMIGbmlftH,_.,. SCDG U.C (Soe./Ofl{frl GnJt.W lflltl Rwpomlbl. forPG.t """*'fotrf>nMAJtrl011 Oulglt Clllrlptf SD03XC145 5858 Edison Place ~ Carlsbad, CA 92008 Propoeed 5prlllt RF TNMpaNIIt Stalth Antenna Endoeure View 1 Alcatei·Lucent G SureSite Consulting Group Steve Layman Ed Gala Site Acquisition Manager, San Diego Market 5955 DeSoto Ave., #142 9605 Scranton Rd, Ste 400 Woodland Hills, CA 91367 San Diego, CA 92121 M (714) 709-1523 619-417-6295 Photographic Visualizations Provided By: ~~,, Apple Valley, CA 92306 , , 1\WW,sodgllc,oom (Bn)532-5579 , , SCDG LLC (760)513-9036 fax SoC a I Design Group edwarn@scdgkoom Tl'llsphoto~llobM!ffii'O'rldtd••~IIPfWirtprU.,.IIdonof'-P'"POnfl.n~u~ Fottncllfllwmlwllflftddtt9\,...trtiWiollltAIMII!ttd(ll-. SCDOLLC(5oe.I0HifnGfo141jltllllfR~IwPo.I~PfMictloll0tJfs,fl~t (~~CITY OF • • FILE COPY ~.p CARLSBAD c ·30·1~ Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow the continued operation of a Wireless Communications Facility on property generally located at, 5858 Edison Place, Carlsbad, California, and more particularly described as: Parcel 2 of Parcel Map 15687 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, on May 30, 1989, as File/Page No. 89-283195 of official records If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. CASE NO.: MCUP 12-04 CASE NAME: South Palomar Mod Project DATE: August 30, 2012 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST A.ND LABELS SUBMITTED TO THE CJTY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER Sl2S~ (.D\SC>N \\J\C~ APP:IDNT OR APPLICANT'S REPRESENTATIVE BY:~ e. c.~ eo&f £. CUf-lJ..JQ(... DATE: 0 ?> -L l -2o 12 RECEIVED BY c:::dn·r &c/~ DATE: --~ ........ L->o::3~~6~/'--:'L ___ _ ~l .Z..94 AC. POR . 20 @ 38.B4 PC. CREMAINDE:R SHOWN ON SHT. I) @PAR. E 2.90AC. . 600 FT. RADIUS MAP GC MAPPING SERVICE, INC. 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441-1080, FAX (626) 441-8850 gcmapping@radiusmaps.com LEGEND 9. OWNERSHIP NO. v-1 OWNERSHIP HOOK CASE NO. DATE: 08-27 -~012 SCALE: I"= 200' <(~4)\ C I T Y 0 F ~CARLSBAD • • Memorandum September 10, 2012 To: Chris Garcia, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: SUBJECT: MCUP 12-04 SOUTH PALOMAR MOD PROJECT 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 of the above requirements. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. 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 . .i~A. CITY OF • ~~CARLSBAD Planning Division october 12, 2012 Ed Gala sure Site, LLC 20612 Kelvin Lane Huntington Beach, CA 92646 • www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-MCUP 12-()4-SOUTH PALOMAR MOD PROJECT Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of MCUP 12-04. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ 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 . ../ 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 tight (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 of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CEO Senior Management Analyst File Copy ~-; ______________________________________________________________________ _ -_,.-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Planning Division October 11, 2012 Ed Gala Sure Site, LLC 20612 Kelvin Lane Huntington Beach, CA 92646 • f\A_cu__~-d \ o ( l I i I '2...-- FILE COPY www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-04 -SOUTH PALOMAR MOD PROJECT-Request for approval of a Minor Conditional Use Permit {MCUP 12-04; replaces MCUP 07- 05) to allow the continued operation and maintenance of an existing Wireless Communications Facility {WCF) with minor modifications at 5858 Edison Place, in the P-M Zone and Local Facilities Management Zone 5. Dear Mr. Gala, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 12-04 for the continued operation and maintenance of a Wireless Communications Facility with minor modifications at 5858 Edison Place. 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 September 10, 2012). 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 fhe 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 communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the City; (b) the existing use is consistent with the General Plan in that the Planned Industrial (PI} Land Use designation does not preclude the provision of Wireless Communication Facility (WCF} uses. The WCF was previously found to be consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred non-residential location (Industrial zone) and has a stealth design. The WCF proposes to further minimize its visibility by placing radio frequency (RF} transparent screen boxes around each antenna. These screen boxes will be painted and textured to match the existing building. The project's location and increased stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. T 760-602-4600 F 760-602-8559 • • MCUP 12-04-SOUTH PALOMAR MOD PROJECT October 11, 2012 Page 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 WCF is located within a preferred non-residential location (Industrial zone) as listed in Location Guideline A.l.a. of City Council Policy Statement No. 64, and all aspects of the WCF exhibit stealth design and will be completely hidden behind screen boxes which are constructed of radio frequency (RF) transparent screen material that is textured and painted to match the existing building, as well as the equipment cabinets located within a structure at the rear of the property that is painted to match the building. The WCF use is not precluded by the project's Planned Industrial (P-M) zoning. Furthermore, the placement of the antennas behind RF transparent screens blend in with the building architecture and do not visually impact the existing site or building design and do not interfere with nor are readily visible to other surrounding uses, and will not result in any additional building coverage. 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 the WCF is existing and the proposed redesign will reduce its visibility by placing all of the existing antennas behind RF transparent screen boxes that are painted to match the existing building. In addition the equipment cabinets are located at the rear of the building in an area not highly visible and thereby exhibit stealth design techniques. 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 WCF use would require, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (Industrial zone) as listed in Location Guideline A.1.a. of City Council Policy Statement No. 64 and exhibits stealth design, as the antennas will be completely hidden behind RF transparent screen boxes and the existing equipment is located at the rear of the building in a low visibility area and painted to match the 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. 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. . . MCUP 12-04-SOUTH PALOMAR MOD PROJECT October 11, 2012 Page 3 Conditions: • 1. Approval is granted for MCUP 12-04 as shown on Exhibits "A -I" dated October 11, 2012 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 said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Citis approval of this 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 12-04 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 of this 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 12-04 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 e • MCUP 12-04-SOUTH PALOMAR MOD PROJECT October 11, 2012 Page 4 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 is granted for a period of 10 years from October 11, 2012 through October 10, 2022. 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 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 which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 9. 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 residential housing 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. 10. 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 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. 11. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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 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 '# .; • MCUP 12-04-SOUTH PALOMAR MOD PROJECT October 11, 2012 Page 5 • 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. 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 $638.0Q plus notice 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 Chris Garcia at (760) 602-4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd c: Don Neu, City Planner Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy OMS/Data Entry m tt ' L.f-6 j o I 'f /o- .4~~ CITY OF VcARLSBAD Planning Division October 4, 2012 Ed Gala • 20612 Kelvin Lane Huntington Beach, CA 92646 • o FILE www.carlsbadca.gov SUBJECT: MCUP 12-o4-SOUTH PALOMAR MOD PROJECT-CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS 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 -15301 of the State CEQA Guidelines. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the 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 Diego County Clerk. The check should be submitted approximately one week prior to the City Planner date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN: CG:sm c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 ~ MftiL£/) JD/'f/t;;..._ • _4~A CITY OF VcARLSBAD Planning Division October 4, 2012 Ed Gala 20612 Kelvin Lane Huntington Beach, CA 92646 SUBJECT: MCUP 12-04-SOUTH PALOMAR MOD PROJECT • LJ FILE www.carlsbadca.gov Congratulations, your project application was deemed complete on September 11, 2012, and the City has determined on October 4, 2012 that the project is exempt from CEQA. 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 must be determined by December 3, 2012. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by November 19, 2012. 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. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at chi'is.garcia@carlsbadca.gov. DON NEU, AICP City Planner c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 /'r)lf J L-a> 9/ II: I ~ _4f~.A._ C I T Y 0 F VcARLSBAD Planning Division September 11, 2012 Ed Gala • 20612 Kelvin Lane Huntington Beach, CA 92646 • SUBJECT: 1ST REVIEW FOR MCUP 12-04-SOUTH PALOMAR MOD PROJECT LJ FILE www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit, application no. MCUP 12-04, 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 of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 2 complete sets of the revised development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, ~1Jl~ CHRIS DeCERBO Principal Planner CD:CG:sm c: GG Pacific Enterprises, LLC, 4636 Via Huerta, Santa Barbara, CA 93110 Alcatei-Lucent, 9605 Scranton Road, Suite 400, San Diego,·CA 92121 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • MCUP 1!~04-SOUTH PALOMAR MOD PROJECT September 11, 2012 Page 2 ISSUES OF CONCERN Planning: 1. Please add the project number, MCUP 12-04, to the top right corner of the plans. 2. Please correct the vicinity map and directions area. 3. Please correct the Assessor's Parcel Number to read 212-092-36-00. 4. There are two other wireless carriers located on this building. To date, both have added screen boxes that take into account the building's design and architecture. The proposed individual box for each antenna does not continue the overall design exhibited by the existing screen boxes. Please revise the screen boxes to be consistent with the existing screen boxes installed by other wireless carriers. 5. Please place a note on the plans that all hardware will be removed and that the walls will be patched and painted for the locations of the existing antennas proposed for removal.