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MCUP 15-03; Sprint Four Seasons Site; Conditional Use Permit (CUP) (2)
C City of Carlsbad LAND USE REVIEW APPLICATION P-1 Beweio&ment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits CH Coastal Development Permit (*) [H Minor {7} Conditional Use Permit (*) [7] Minor • Extension CH Day Care (Large) CH Environmental Impact Assessment CH Habitat Management Permit CH Minor I I Hillside Development Permit (*) CH Minor CH Nonconforming Construction Permit CH Planned Development Permit CH Minor D Residential Q Non-Residential CH Planning Commission Determination I I Site Development Plan CH Minor I I Special Use Permit I I Tentative Parcel Map (Minor Subdivision) CH Tentative Tract Map (Major Subdivision) I I Variance CH Minor (FOR DEPT. USE ONLY) Legislative Permits I I General Plan Amendment (FOR DEPT. USE ONLY) M^^P1^^^3 n Local Coastal Program Amendment (*) CH Master Plan CH Amendment n Specific Plan CH Amendment CH Zone Change (*) I I Zone Code Amendment South Carlsbad Coastal Review Area Permits I I Review Permit I I Administrative CH Minor CH Major Villape Review Area Permits I I Review Permit I I Administrative CH Minor CH Major (*) = eligible for 25% discount NOTE: A PROPOSED 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. ASSESSOR PARCEL NO(S).: 215-750-01 -00 PROJECT NAME: Sprint 2.5 Modernization project/MCUP 12-05 renewal BRIEF DESCRIPTION OF PROJECT: MCUP renewal/MCKJamizB exisling unmanned, qualifying, leleoommunlcatlons faeWty Replace 3 existing antennas witti 3 new antennas, add 6 new RRUs behind parapet wall,replace existing equipment cabinet, add one new equipment cabinet.replace existing battery cabinet v;lth new battery cabinet. ~~" BRIEF LEGAL DESCRIPTION: Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1 In ttie City of Carlsbad, County of San Diego, State of Califomlna LOCATION OF PROJECT: ON THE: South 7100 Aviara Resort Drive STREET ADDRESS SIDE OF Aviara Parkway (NORTH, SOUTH, EAST, WEST) BETWEEN Aviara Drive (NAME OF STREET) AivjD Aviara Resort Drive (NAME OF STREET) (NAIVIE OF STREET) %\1Q0\\ a p-1 Page 1 of 6 Revised 12/13 Aviara Resort Associates SPE, LLC OWNERNAME (Print): MAILING ADDRESS: 248 Homer Avenue CITY. STATE. ZIR Palo Alto, CA 94301 TELEPHONE- EMAIL ADDRESS: APPLICANT NAME (Print): spr,n. c^tl;j5^«^^ MAILING ADDRESS: 9191 Towne Center Drive, #150 CITY, STATE, ZIP: San Diego, CA 92122 TELEPHONE: 310 003 0640 EMAIL ADDRESS: .k.moo^curo cito.oom I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DAT^ I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE B^T 0FA4Y KNOWLEDGE. ^^M^ 2-6-5" ''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: EMAIL ADDRESS: 310-903-8640 k.moe@sure-site.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT JO TWE BEST OF MY KNOWLEDGE. SlSfjATURE 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 HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATI URE FOR CITY USE ONLY i . DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 6 Revised 12/13 Sprint ^ Together wtth NEXTEL LETTER OF AUTHORIZATION FOR ZONING AND PERMITTING To Whom It May Concem: Please be advised that Sure Site Consulting Group, LLC ("Sure Site") is performing work on Sprint / Nextel's behaif in the Los Angeles market. Sprint / Nextel hereby authorizes Sure Site to act on its behalf for the sole purpose of leasing and acquiring zoning and permit approvals as required. This authorization should not be construed as a commitment of any type, and all fmal terms will be subject to Sprint / Nextel's approval. Sincerely, Sprint /^extel Holly S. C/astellanOs Manager, Real Estate CONSKNT OF SOLE DIRECTOR OF AVlARiV RESORT ASSOCIATES SPE, LLC The undersigned, being the sole director (the "Director") oF Aviara Resort A.ssociales SPE, LLC, a Delaware limited liability company (the "Companv"). does hereby consent tind agree to the adoption of the following recitals and resolutions pursuant to the Delaware Limited Liability Company Acl and the terms and provisions of the Compan/s limited liability company agreement: ELECTION OF OFFICER WHEREAS, Heather C. Turner has tendered her resignation as President and Treasurer ofthe Company effective on September 28,2012; NOW, THEREFORE, BE IT RESOLVED, Uiat Patrick Lowery be elected to the offices of President and Treasurer of the Company, to hold such offices in accordance with the provisions of the Company's limited liability company agreement and pursuant to the laws ofthe State of Delaware, such election to be effective as of the date hereof Dated as off ^j^^. . 2012 Jeffrey Barone Being the sole director of the Company 79623 0000/LEGAI J493373». I #^ ntv nf PROJECT DESCRIPTION DevMomneMJery^ X^S^liy OI Planning Division I o Cr\Cirj ' ' 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: Sprint 2.5 site Modernization project/MCUP renewal APPLICANTNAME: ^P*"'*^^ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background infonnation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This application is to renew MCUP 12-05, which has expired since 18 months has passed since it was approved and the building permit for the proposed work has not been issued. Also, there is an equipment change proposed from that approved under MCUP 12-05. Proposed is installation of three new 4G antennas, 1 per sector inside existing faux chimney on the roof of a two story hotel and the placertient of two RRU imits per antenna (6 total) behind the building parapet wall. One new radio equipment cabinet will be added to the existing ground mounted equipment enclosure in addition to the previously approved equipment cabinet replacement and battery cabinet replacement per MCUP 12-05. There will not be a net increase in the number of antermas on the subject building. All new antermas will be concealed within the faux chimney and all new RRUs will be concealed behind the existing parapet wall on the roof. P-1(B) Pagelofi Revised 07/10 ^'^'^R'^OUS WASTE Oeyf Icjjffitrtt Serwres ^ City of AND SUBSTANCES Planning Division Carlsbad STATEMENT '''"aZ^ZZ P-1(C) 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): [Bl Tlie 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. I I The development project and any alternatives proposed In this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:.?P!Z!! Name: ^"'^^'^ Associates SPE, LLC Address:9^ Towne Center Dr., #150 Address: ^""QQ^^'^""^ '^'''^^ San Diego, CA 92122 Carlsbad, CA 92011 Phone Number: ^ ' J i J o^^ i p^one Number.. Address of Site: ^ 100 AvIara Resort Drive Local Agency (City and CountvV. CoUnty Of San DiegO Assessor's book, page, and parcel number: 215-750-01 -00 Specify list(s): Regulatory Identification Number:_ Date of List: 'Applicant Signature/Date Property Owner SigtJ^^ifefDate The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the Caiifornia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Pagel of 2 Revised 02/13 .i> Development Services € City of DISCLOSURE STATEMENT planning Division Carlsbad P-KA) '''''t;ZolZl ww/w/.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe 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.) Person ^/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 partnershio. 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 Corp/Part Title Title Address Address p-1 (A) Page lof 2 Revised 07/10 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? I I Yes >l_ 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. Signature of owner/(^atfi^^ ^ / Signature of applicant/date Aviara Resort Associates SPE, LLC Sprint Print or type name of owner Print or type name of applicant Sti^nature 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 City of Carlsbad Faraday Center Faraday Cashiering 001 1508301-2 03/24/2015 149 Tue, Mar 24, 2015 02:29 PM Receipt Ref Nbr: R1508301-2/0038 PERMITS - PERMITS Tran Ref Nbr: 150830102 0038 0044 Trans/Rcpt#: ROI07839 SET #; MCUP1503 Amount: 1 @ $9.80 Item Subtotal: $9.80 Item Total: $9.80 1 ITEM(S) TOTAL: $9.80 Credit Card (Auth# 082915) $9,80 Total Received: $9.80 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: SPRINT/PRIESAND KRISTIN Description MCUP1503 7100 FOUR SEASONS PT CBAD 7\mount 9.80 Receipt Number: R0107839 Transaction Date: 03/24/2015 Transaction ID: R0107839 Pay Type Method Description Amount Payment Credit Crd VISA 9.80 Transaction Amount: 9.80 City of Carlsbad Faraday Center Faraday Cashiering 001 1505601-2 02/25/2015 149 lved, Feb 25, 2015 04:22PM Receipt Ref Nbr: R1505601-2/0053 PERMITS -PERMITS Tran Ref Nbr: 150560102 0053 0061 Trans/Rcpt#: R0107335 SET#: MCUP1503 Amount: Item Subtotal : Item Total: 1 @ $751.00 $751.00 $751.00 ITEM(S) TOTAL: $751.00 Credit Card (Auth# 073396) $751.00 Total Received: $751 .00 NOTICE OF EXEMPTION Kmesl .i Dronenburg. Jr. Recorder Counn Cleri. To: SDCountyClerk From: CITYOFCARLSBAD • ^ Attn: James Scott Planning Division MAY 20 2015 1600 Pacific Highway, Suite 260 1635 Faraday Avenue p .. PO Box 121750 Carlsbad, CA 92008 ^ ' ^'^Q^aclo San Diego, CA 92101 (760) 602-4600 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MCUP 15-03 - SPRINT FOUR SEASONS SITE Project Location - Specific: 5805 Armada Drive. Carlsbad. CA 92008 . Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Removing and replacing three panel antennas, removing and replacing a batterv cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Chris Sexton Name of Applicant: Sprint c/o Kristin Priesand Applicant's Address: Suite 150, 9191 Towne Center Drive, San Diego. CA 92122 Applicant's Telephone Number: (714) 315-3921 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15303 - New Construction or Conversion of Small Structures. • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: Removing and replacing three panel antennas, removing and replacing a batterv cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet. The section exempts small structures and equipment in small structures. Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 DON NEU, City Planner FILEQ |N THE OFFICE OF THE COUNTY CLERK Date received for filing at OPR:San Diego Couniy T MAY 1 0 201 Posted m 1 0 2015Removed JiiN 21 Returned to age: ;, on \m H Deputy E.fflvarado" Revised 05/13 Ernest J. Dronenburg, Jr. COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 RO. Box 121750* San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 341560120150520 Deputy: EALVARAD Location: COUNTY ADMINISTRATION BUILDING 20-May-2015 15:20 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# SD2015 0450 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents NOTICE OF EXEMPTION ^ „ , KmeslJ Dronenburg. ,lr. Recorder Countx C To: SDCountyClerk From: CITYOFCARLSBAD - Attn: James Scott Planning Division MAY 20 2015 1600 Pacific Highw/ay, Suite 260 1635 Faraday Avenue ^ AI PO Box 121750 Carlsbad, CA 92008 BY Alvarado San Diego, CA 92101 (760)602-4600 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MCUP 15-03 - SPRINT FOUR SEASONS SITE Project Location - Specific: 5805 Armada Drive, Carlsbad, CA 92008 Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Removing and replacing three panel antennas, removing and replacing a batterv cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Chris Sexton Name of Applicant: Sprint c/o Kristin Priesand Applicant's Address: Suite 150, 9191 Towne Center Drive. San Diego, CA 92122 Applicant's Telephone Number: (714) 315-3921 Exempt Status: {Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); lEl Categorical Exemption - State type and section number: 15303 - New Construction or Conversion of Small Structures. I I Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: Removing and replacing three panel antennas, removing and replacing a batterv cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet. The section exempts small structures and equipment in small structures. Lead Agency Contact Person: Chris Sexton Telephone: (760) 602-4624 1 DON NEU, City Planner FILED IN THE OFFICE OF THE COUNTY CLERK HAV 1 0 2015 Date received for filing at OPR:San Diegc Couri, ;r Postec H/iY 2 0 20b?e^oved Returned ic aoe - . or Deputy E. Alvarado Revised 05/13 state of California—Natural Resources Agency CALIFORNIADEPARTMENTOF FISH AND WILDUFE 2015 ENVIRONMENTAL FlUNG FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2015 0450 STATE CLEARING HOUSE #(lfapplicable) LEADAGENCY CITY OF GARLSBAD PLANNING DIVISION DATE 05/20/2015 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20150450* PROJECTTrrLE MCUP 15-03-SPRINT FOUR SEASON SITE PROJECTAPPLICANT NAME SPRINT C/O KRISTIN PRIESAND PI-IONE NUMBER 714-315-3921 PROJECTAPPLICANT ADDRESS 9191 TOWNE CENTER DRIVE SUITE 150 CITY SAN DIEGO STATE CA ZIPCODE 92122 PROJECT APPLICANT {Check appropriate box): • Local Public Agency • School District • Other Special District • State Agency S Private Entity CHECK APPLICABLE FEES: • Environnnental Impact Report (EIR) • Negative Declaration (ND)(MND) • Application Fee Water Diversion (State Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs (CRP) 13 County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption • CDFW No Elfect Determination (Form Attached) • Other $3,069.75 $ $2,210.00 $ $850.00 $ $1,043.75 $ $50.00 $ $50.00 PAYMENT METHOD: • Cash • Credit a Check • Other CHK: 17969 TOTAL RECEIVED $ $50.00 SIGNATURE TITLE X E. Alvarado Deputy City of Carlsbad MAY 2 6 2015 Planning Division llllllllllllllllllilllllllllilllllllllllll ORIGINAL- PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY- COUNTY CLERK FG753.5a (Rev 11/12) Ernest J. Dronenburg, Jr. COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com Transaction #: 341560120150520 Deputy: EALVARAD Location: COUNTY ADMINISTRATION BUILDING 20-May-2015 15:20 City of Carlsbad MAY 2 6 2015 Planning Division FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Reft* SD2015 0450 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents FILE Ccityof Carlsbad 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 an existing wireless communication facility including the removal and placement of three existing antennas mounted behind existing tower walls and associated equipment on property generally located at, 7100 Aviara Resort Drive, Carlsbad, California, and more particularly described as: Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1, Planning Area 24 and a portion of 2B, in the City of Carlsbad, County of 14 San Diego, State of California, according to Map thereof No. 13335, filed in the Office ofthe County Recorder of San Diego County, June 13,1996 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 of the date of this notice. If you have any questions, please call Chris Sexton in the Planning Division at (760) 602-4624. CASE NO.: MCUP 15-03 CASE NAME: SPRINT FOUR SEASONS SITE DATE: March 26, 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 CITY OF CARLSBAD 100' & 300' FT RADIUS MAP GC MAPPING SERVICE INC 3055 WEST VALLEY BOULEVARD ALHAMBRA CA 91803 (626) 441-1080, FAX (626) 441-8850 gcniapping@radiu3map3.com IBSEND ^ OWNERSHIP NO. / OWNERSHIP HOOK CASE NO. DATE 03 - 04 - 2015 SCALE: I" = 200 ' 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 APPLICANT'S REPRESSNLTATIVE BY: fMif £. muM fjJlL DATE: mm H', 20l6 RECEIVED BY DATE: P-21 Page 3 of 6 Revised 07/10 state of California—Natural Resources Agency CALIFORNIADEPARTMENTOF FISH AND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIfT# SD2015 0450 STATE CLEARING HOUSE *(«applicable) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 05/20/2015 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUIVIENTNUIVIBER *20150450* PROJECTTrTLE MCUP 15-03-SPRINT FOUR SEASON SITE PROJECT APPLICANfT NAME SPRINT C/O KRISTIN PRIESAND PHONENUMBER 714-315-3921 PROJECTAPPLICANT ADDRESS 9191 TOWNE CENTER DRIVE SUITE 150 crry SAN DIEGO STATE CA ZIPCODE 92122 PROJECT APPLICANT (Ctieck appropriate box): • Local Public Agency • School District Q Other Special District • State Agency ^ Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report (EIR) • Negative Declaration (ND)(MND) Q Application Fee Water Diversion (Sfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs (CRP) El County Administrative Fee Q Project that is exempt from fees 13 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit Ej Check • Other CHK: 17969 $3,069.75 $ $2,210.00 $ $850.00 $ $1,043.75 $ $50.00 $ $50.00 TOTAL RECEIVED $ $50.00 SIGNATURE TITLE X E. Alvarado Deputy City of Carlsbad JUN 2.9 Z015 Planning Division lllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL- PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG753.6a(Reii 11/12) INFORMATION Development Services \^ City of FORM Planning Division Carlsbad P-I(D) '"'T^'r^SJo www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Infonnation Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the infonnation you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination sliould be submitted as an attachment to this Environmental information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Initial Study. P-1(D) Pagel Of4 Revised07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. 2. Name of project: Sprint 2.5 modernization project/MCUP Renewal Name of developer or project sponsor: ^prlnt Address: 9191 Towne Center Drive, Suite 150 City, state. Zip code: San Diego. CA 92122 Phone Number: 714-315-3921 3. Name of person to be contacted concerning this project: KQVin Moe Address: 36 Executive Park, Suite 210 City, state. Zip code: irvlne CA 92614 Phone Number: 310-903-8640 Address of Project: 7100 Aviara Resort Drive Assessor's Parcel Number: 215-750-01-00 List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Building permit, P-P 6. Existing General Plan Land Use Designation: ' 7. Existing zoning district: Q^'^® 8. Existing land use(s): Hotel ReSOrt 9. Proposed use of site (Project for which this form is filed): WireleSS Broadband communications facility Project Description 10. Site size: 200squarefeet 11. Proposed Building square footage; ^ 12; Number of floors of construction; 13. Amount of off-street parking provided: 1 parking SpOt N/A 14. Associated projects; p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: Osqft 17. If industrial, indicate type, estimated employment per shift, and loading facilities; N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project; N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • 0 roads. 22. Change in pattern, scale or character of general area of project. • (Zl 23. Significant amounts of solid waste or litter • [7] 24. Change in dust, ash, smoke, fumes or odors in vicinity. • \7} 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • [7] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • [7] 27. Site on filled land or on slope of 10 percent or more. • [7] 28. Use of disposal of potentially hazardous materials, such as toxic substances, • {7} flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • jT] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • jT] 31. Relationship to a larger project or series of projects. • [7] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.). and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date; Signature: For; p-1 (D) Page 4 of 4 Revised 07/10 4 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 'ALWAYS SEND EXHIBITS DATE: FEBRUARY 25. 2015 PROJECT NO(S): MCUP 15-03 REVIEW NO: 1 PROJECT TITLE: SPRINT 2.5 MODERNIZARION APPLICANT: SPRINT/KRISTIN 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 I I Public Works (Wastewater) - Don Wasko n Public Works (Water) - Eric Sanders 0 Water/Sewer District 1 I Landscape Plancheck Consultant - PELA • School District I I North County Transit District - Planning Dept. r~1 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/5'?;*+»^ Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 3/18/15. If you have "No Comments/' please so state. If vou 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 CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: FEBRUARY 26. 2015 PROJECT NO(S): MCUP 15-03 REVIEW NO: 1 PROJECTTITLE: SPRINT 2.5 MODERNIZARION APPLICANT: SPRINT/KRISTIN TO: Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Kyle Lancaster • School District • Public Works Department (Streets) • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John KIm • Sempra Energy-Land Management Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • 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/Sev^f*^ Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 3/18/15. If you have "No Comments," please so state. If vou 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: I Signature / Date PLANS ATTACHED Review & Comment 8/14 %, CITY OF ^CARLSBAD Memorandum March 10, 2015 To: Chris Sexton, Project Planner From: David Rick, Project Engineer Via: Jason Geldert, City Engineer Re: SUBJECT: MCUP 15-03 SPRINT 2.5 IVIODERNIZATION 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 compiy 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 <%^'r°',^ a FILE V CARLSBAD Community & Economic Development www.carlsbadca.gov April 10, 2015 Sprint Kristin Priesand St 150 9191 Town Center Dr San Diego CA 92122 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 15-03 - SPRINT FOUR SEASONS SITE - Request for approval of a Minor Conditional Use Permit (MCUP 15-03; replaces expired MCUP 12-05) to allow the continued operation and minor modification (replacing three panel antennas with three new panel antennas, remove and replace a battery cabinet, a MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet) to an existing wireless communication facility located at 7100 Aviara Resort Drive, in the Planned Community (P-C) zone, with an underlying Commercial/Tourist (C-T) zone per Master Plan 177 and Local Facilities Management Zone 19. Dear Ms. Priesand: The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 15-03 for the continued operation and minor modification (replacing three panel antennas with three new panel antennas, remove and replace a new battery cabinet, MMBTS cabinet, and a GPS antenna, install six new RRUs and one new radio equipment cabinet) to an existing Wireless Communication Facility (WCF) located at 7100 Aviara Resort Drive. 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 April 9, 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 communications and data transmissions for businesses, individuals, public agencies and emergency service systems in this part of the city; (b) the modified WCF use is consistent with the General Plan in that the Travel/Recreation Commercial (TR) Land Use designation and the Aviara Master Plan MP 177 do not preclude the provision of Wireless Communication Facility (WCF) uses. The modified WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred non-residential location (commercial zone) and has a stealth design in that the replacement antennas are located within a faux chimney behind RF screen walls which are stucco finished to match the existing building. The modified and new equipment cabinets are located within the building. The project's location and stealth design comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MCUP 15-03 - SPRINT FOUR SEASONS SITE April 10, 2015 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 modified WCF is located within a preferred non-residential location (commercial 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 the replacement antennas are located within a faux chimney behind RF screen walls which are stucco finished to match the existing building and the modified and new equipment cabinets are located within the building. The WCF use is not precluded by the project site's underlying C-T zoning or the Aviara Master Pian MP 177. Furthermore, the modification to the WCF will not result in any additional building coverage, does not visually impact the existing site or building design, as the antennas are located behind RF screen walls which blend in with the existing architecture and the modified equipment cabinets are located within the building. 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 replacement antennas are located within a faux chimney behind RF transparent screen walls which are stucco finished to match the existing building, and the modified and new equipment cabinets are located within the building. The minor modifications are designed to blend in with the existing building and will not impact the appearance of the building. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the modified WCF requires, on average, one monthly maintenance visit and occasional visits in response to operational problems. 5. That the modified WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (commercial zone) as listed in Location Guideline A.l.a. of City Council Policy Statement No. 64 and exhibits stealth design, as the replacement antennas are located within a faux chimney and completely hidden behind RF transparent screen walls which are stucco finished to match the existing building, and the modified and new equipment cabinets are located within the building. 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary of Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - Existing Facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for MCUP 15-03 - SPRINT FOUR SEASONS SITE as shown on Exhibits "A" - "Q" dated April 13, 2015 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. MCUP 15-03 - SPRINT FOUR SEASONS SITE April 10, 2015 Page 3 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 City's 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 Minor Conditional Use Permit 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 19 Local Facilities Management Plan and any amendment made to that Plan prior to the issuance of building permits. 7. MCUP 15-03 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. MCUP 15-03 - SPRINT FOUR SEASONS SITE April 10, 2015 Page 4 8. This Conditional Use Permit is granted for a period of ten (10) years from April 13, 2015 through April 12, 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 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 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 51.1307(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 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. MCUP 15-03 - SPRINT FOUR SEASONS SITE April 10, 2015 Page 5 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 $661.00. 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 Sexton at (760) 602-4624. Sincerely, CHRIS DeCERBO Principal Planner CD:CS:bd c: Aviara Resort Associates SPE, LLC, 248 Homer Av. Palo Alto CA 94301 Suresite, Kevin Moe, 36 Executive Park, #210, Irvine CA 92614 Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy DMS/Data Entry CARLSBAD RLE COPV Community & Economic Development www.carlsbadca.gov March 23, 2015 Kevin Moe SureSite Consulting Group, LLC Suite 210 36 Executive Park Irvine, CA 92614 SUBJECT: 1st REVIEW FOR MCUP 15-03 - SPRINT FOUR SEASONS SITE 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 15-03, 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 (1) one complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Sexton, at (760) 602-4624, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, CHRIS DeCERBO Principal Planner CD:CS:fn c: Aviara Resort Associates SPE, LLC, 248 Homer Avenue, Palo Alto, CA 94301 Sprint, Kristin Priesand, Suite 150,9191 Towne Center Drive, San Diego, CA 92122 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Infrastructure Development Sen/Ices Authorized Agent for Sprint Sprint Project Number: SD35XC119 Sprint Project Name: Aviara City of Carlsbad Minor Conditional Use Permit modification and renewal 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 unmanned wireless telecommunications facility on property already authorized for wireless telecommunication use (MCUP 12-05) in the City of Carlsbad and presents the following project information for your consideration. Project Location Address: 7100 Aviara Resort Drive APN: 215-750-01-00 Zoning: P-C planned community zone, with underlying commercial/tourist(C-T) zone per Master Plan 177 and Local Facilities Management Zone 19 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 This application is to renew MCUP 12-05, which has expired since 18 months has passed since it was approved and the building permit for the proposed work has not been issued. Also, there is an equipment change proposed from that approved under MCUP 12-05. Proposed is installation of three new 4G antennas, 1 per sector inside existing faux chimney on the roof of a two story hotel and the placement of two RRU units per antenna (6 total) behind the building parapet wall. One new radio equipment cabinet will be added to the existing ground mounted equipment enclosure in addition to the previously approved equipment cabinet replacement and battery cabinet replacement per MCUP 12-05. There will not be a net increase in the number of antennas on the subject building. All new antennas will be concealed within the faux chimney 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 Services Project Objectives The proposed site maintenance and technology upgrade is intended to provide the residents of Carlsbad and patrons of the hotel resort, who are served by this facility, the latest in wireless technology by improving call quality, data transmission and speed and improving wireless broadband. 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 established developed area. Hotel 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 building, having no negative impact to the functioning of this land use or surrounding land uses. 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 dovraload speeds within the surrounding 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 antennas 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 ofthe 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 Southem Califomia market area. Transmit power is typically between 100 to 500 watts per antenna sector, transmitting and receiving at a fi-equency of 1850.0 -1865.0, and 1930.0-1945.0 MHz and 2.5 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 mil 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 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 Services facilities throughout the community and providing mitigation of the potential visual impact in more view sensitive locations. The proposed facility will be uimiarmed 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 Company Information Sprint 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 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 MHz fi-equencies, 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 Teleconmiunications 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. Kevin Moe Authorized Agent for Sprint 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 Overall site photo SD35XC119 7100 Blue Heron Place aka 7100 Foiu' Seasons Point aka Avi- ara Resort Drive Carlsbad CA 9201 View of cable run inside soffit Existing Sprint Equipment area