HomeMy WebLinkAboutMCUP 15-06; SD02369A T Mobile Eucalyptus; Conditional Use Permit (CUP) (2)C Cit y of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Develooment Permits (FOR DEPT. USE ONLY) Legislative Permits
I I General Plan Amendment
(FOR DEPT. USE ONLY)
I I Coastal Deveiopment Permit (*) d) Minor
[7] Conditional Use Permit (*)
^ Minor CH Extension
r~l Day Care (Large)
I I Environmental Impact Assessment
I I Habitat Management Permit CH Minor
r~l Hillside Development Permit (*) CH Minor
I I Nonconforming Construction Permit
I I Planned Development Permit CH Minor
I I Residential CH Non-Residential
I I Planning Commission Determination
CH Site Development Plan CH Minor
CH Special Use Permit
I I Tentative Parcel Map (Minor Subdivision)
I 1 Tentative Tract Map (Major Subdivision)
^^Variance CH Minor
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.
I I Local Coastal Program Amendment (*)
I I Master Plan CH Amendment
I I Specific Plan CH Amendment
n Zone Change (*)
I I Zone Code Amendment
South Carlsbad Coastal Review Area Permits
I I Review Permit
I I Administrative CH Minor CH Major
Villaae Review Area Permits
I I Review Permit
I I Administrative CH Minor CH Major
(*) = eligible for 25% discount
ASSESSOR PARCEL NO(S).: 223-617-25-00
PROJECT NAME: SD02369A T-Mobile faux eucalyptus new site build
BRIEF DESCRIPTION OF PROJECT New T-Mobile wireless site consisting of two (2) 35-0" tall faux eucalyptus tree
stealth towers with (8) antennas & (1) microwave mounted on each tower (16 antennas total); 4 equipment cabinets
BRIEF LEGAL DESCRIPTION: CITY:CARLSBAD SEC/TWN/RNG/MER;SEC 32 TWN 12 RNG 03W SEC 32-12-3W*NWQ*DOC80-233966 IN E H OF City/Muni/Twp: CARLSBAD
LOCATION OF PROJECT water tank site north of 7323 Sitio Salvia
STREET ADDRESS
ON THE: NORTH SIDE OF dirt trail
(NORTH, SOUTH, EAST WEST) (NAME OF STREET)
BETWEEN east of Rancho Santa Fe Rd AND north of 7323 Sitio Salvia
(NAME OF STREET) (NAME OF STREET)
P-1 Page 1 of 6 Revised 12/13
OWNERNAME
(Print): The Olivenhain Municipal Water District
MAILING ADDRESS: 1966 Olivenhain Road
CITY. STATE, ZIP: Encinitas, CA 92024
TELEPHONE 760-632-4223
EMAIL ADDF^ESS: cpecile@olivenhain.eom
APPLICANT NAME (Print): T-Mobile ^(JTTIoatS
MAILING ADDRESS:-4^?9e-pUerTe Dr. tO^P^/ Vi'?M ^crrUji^
CITY, STATE, ZIP: LaJ^4dsarGA^1^1 *^<^ f'-f^/
TELEPHONE: Al^z45Q-^33 ^S^- .-^ 3 V ///
EMAIL ADDRESS: mniilier(g)mftduo cofpxom
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST pf MY
KNOWLEDGE.
I CER
AND
THE
rHAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO
KNOWLrElGC:
SIGNATURE
5^
'"6
DATE
APPLICANTS REPRESENTATIVE (Print): Maria Miller, Modus Inc.
MAILING ADDRESS: 10790 Fuerte Dr.
CITY, STATE, ZIP: La Mesa, CA 91941
TELEPHONE: 415-450-5533
EMAIL ADDRESS: mmiller@modus-corp.eom
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
t y SIGNATURE 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. 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 LAWD><ND BIND ANY SUCCESSORS IN. INTEREST
PROPERTY OWMER SIGNATURE
FOR CITY USE ONLY
RECEIVED
MAY 01 2015
CITY CF CARLSBAD
PLA^•;,:;^. : DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 12/13
OLIVENHAIN MUNICIPAL WATER DISTRICT
1966 Olivenhain Road
Encinitas, CA 92024
(760) 753-6466
LETTER OF AUTHORIZATION
The Olivenhain Municipal Water District ("District") is the owner of the real property
("Property") described below, and hereby authorizes, consents, and agrees with T-MOBILE WEST LLC
as follows:
1. Entrv. District consents and agrees that T-MOBILE WEST LLC, its employees, agents and
independent contractors ("Authorized Parties") may enter upon the Property to conduct and
perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil
borings and analysis, Phase I environmental audits, boundary surveys, radio propagation studies,
and such other tests and inspections of the Property which T-MOBILE WEST LLC may deem
necessary and advisable. T-MOBILE WEST LLC agrees to be responsible for any and all costs
related to the Permitted Activities, including installation on and operation and removal of
equipment on the Property. T-MOBILE WEST LLC also agrees to give a minimum of 48 hours
notice in advance of performing any of the Permitted Activities at the site.
2. Filings. District consents and agrees that the Authorized Parties may make and file applications to
such local, state and federal govemmental entities whose approval T-MOBILE WEST LLC may
consider necessary or advisable to have the Property approved as a tower or antenna site,
including, but not limited to, govemmental approvals for zoning variances, rezoning applications,
building permits and wetland permits. District hereby agrees that a copy of this Agreement is as
effective as the original. However, if requested by the Authorized Parties, District agrees to
execute such other and further documents as may be required by the govemmental entity in
question to evidence District's consent to the action which is proposed to be taken. T-MOBILE
WEST LLC understands and agrees that the District, in its sole discretion, may withdraw this
Letter of Authorization at any time without cause.
Property Address: 7323 Sitio Salvia, Carlsbad, CA 92009
Assessor's Parcel Number/Property Description: 223-617-25-00, Denk Reservoir/T-Mobile Site ID:
SD02369A
Olivenhain Municipal Water District
By:
Title:
TAX ID#:
Date:
Engineering Manager
95-6006689
i5
George R. Briest
Engineering Manager
Main (760) 753-6466
Direct (760) 632-4640
Fax (760) 753-1578
gbriest(«iolivenhain.com
OLIVENHAIN
Municipal Water District
1966 Olivenhain Road
Encinitas, CA 92024
www.omwd.com
Pure Bxcellence
f Development Services
City of DISCLOSURE STATEMENT planning Division
Carlsbad P-^tA) ""^^-S
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, triist, 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//A Corp/Part ^'Moh//e ^S/j//7c.
Title Title
Address' " AddressSorr€^^t:o ^^^6
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% 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 Corp/Part
Title Genuefol tA(ljLfl>^er Title
Address l^6>6> C)\\ifg(\.WQit\ Address,
p-1 (A) Paget of 2 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?
• ves p No If yes, please indicate person(s):.
NOTE: Attach additional sheets if necessary.
certify that all the above information is true and correct tli 5 best of my knowledge.
ignature^^owner/date f / Signature of apptic^nt/date^J^
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
M<^r/^ /U(/Ur, /V^y^s /^KL
Print or type name of owner/applicant's agent
p-1 (A) Page 2 of 2 Revised 07/10
Crinrnf PROJECT DESCRIPTION Development Services
V^iLy Ul <I/D\ Planning Division
^Qj-Jg|-j^^ r-1 ( b) 1535 Faraday Avenue (760) 602-4610
www.carlsbadca.gov
PROJECTNAME: SD02369A T-Mobile faux eucalyptus new site build
APPLICANTNAME: T-Moblle
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 information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
T-Mobile is requesting approval for a new wireless communications site at Olivenhain Municipal Water
District's property within P-C (Planned Community) zoning district. The site will include two (2)
monopoles designed as stealth faux eucalyptus trees to blend in with the established eucalyptus trees
surrounding the tank site. Two poles will include four (4) antenna assemblies (sectors), one (1) global
positioning system (GPS) antenna, one (1) microwave antenna and four (4) equipment cabinets.
The antenna sectors are situated in a quadrilateral configuration which enables the different
sectors to face north, northeast, south and southwest - areas where a coverage gap currently exists in T-
Mobile's network. Due to the maximum height limit of 35 feet and the presence of the existing 35-foot
tall water tank in the center ofthe parcel, two poles need to be installed to achieve the necessary
coverage in all directions. One ofthe two mono-eucalyptus poles will be located at the north ofthe
parcel for mounting sectors A aiming at 350° north and sector B aiming at 60° northeast. The second
mono-eucalyptus pole will be located on the south-west side ofthe tank for mounting sectors C aiming
at 190° south and sector D aiming at 255° southwest. Each sector consists of four (4) panel antennas
with each antenna measuring approximately 8 feet long by 1 foot wide by 7 inches thick. The antennas
will be mounted on a support frame at the top ofthe mono-eucalyptus so that the tops ofthe antennas
are thirty-five (35) feet above the ground elevation, not exceeding the zoning height limit and the height
ofthe existing water tank.
The required setback of a distance equal to the above-ground height of the antenna is not possible to
achieve on this parcel due to the limited site of the parcel and the existing water tank taking up most of
the land in the center ofthe parcel. With 35' poles, a 35' setback would encroach onto the tank.
Therefore, poles are proposed to be located at the maximum possible setbacks of 27'-ll" for the north
pole and 7'-ll" for the southwest pole. The tank site is immediately surrounded with undeveloped open
space land.
The (4) equipment cabinets contain radio and battery equipment and will be located
inside the fenced-in water tank property (existing fence is 8 feet tall), in the north-west corner ofthe
parcel. The concrete equipment pad will occupy an area of approximately 16 feet by 10 feet.
P-1(B) Pagelofi Revised07/10 ,
C City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraciay 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):
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.
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.
Name:
APPLICANT
T-Moblle c/o Modus Name
PROPERTY OWNER
The Olivenhain Municipal Water District
Address .10790 Fuerte Dr Address 1966 Olivenhain Road
La Mesa, CA 91941 Encinitas, CA 92024
Phone Number:
Address of Site:
415-450-5533 Phone Number: 760-632-4223
7323 Sitio Salvia
Local Agency (City and Countv): ^'^V Carisbad
223-617-25-00 Assessor's book, page, and parcel number:.
Specify list(s): http://www.calepa.ca.gov/; EnviroStor
Regulatory Identification Number:.
.4/15/15 Date of List:
Applicant Signature/Date erty OwnerSignature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
EIA INFORMATION Development Services
FORM Planning Division
Carlsbad P-I(D) ^Z^lZl
www.carlsbadca.gov
C City of
INSTRUCTION SHEET FOR COMPLETING AN
ENVIRONMENTAL IMPACT ASSESSMENT
INFORMATION FORM
This Environmental Information 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 information 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 should 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) Page lof 4 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: (To be completed by City)
Application Number(s):
General Information
1 Name of project: SD02369A T-Mobile faux eucalyptus new site build
2. Name of developer or project sponsor: T-Mobile
Address: 10509 Vlsta Sorrento Pkwy Suite 206
City, state. Zip Code: San Diego, CA. 92121
Phone Number:
Name of person to be contacted concerning this project: Maria Miller, ModUS InC.
10790 Fuerte Dr. Address:
City, State, Zip code: La Mesa, CA 91941
Phone Number: 415-450-5533
Address of Project: 7323 Sitlo Salvia
Assessor's Parcel Number: 223-617-25-00
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:
conditional use permit
Existing General Plan Land Use Designation:
P-C 7. Existing zoning district:
8. Existing land use(s): Water tank
9. Proposed use of site (Project for which this form is filed): WireleSS telecommunications
Project Description
10. Site size:
Proposed Building square footage: n/a - no bulldlng Is being proposed
. n/a
11.
12: Number of floors of construction
13. Amount of off-street parking provided: HO parking - Unmanned Cell tower
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:
Wireless telecommunications cell site, unmanned
17. If industrial, indicate type, estimated employment per shift, and loading facilities:
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project:
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required:
Conditional use required for ceil sites, variance for setbacks
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 \Z\ [3
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or Q 17]
roads.
22. Change in pattern, scale or character of general area of project. • [7]
23. Significant amounts of solid waste or litter. d] [7]
24. Change in dust, ash, smoke, fumes or odors in vicinity. O [7]
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or f~1 f/l
alteration of existing drainage patterns,
26. Substantial change in existing noise or vibration levels in the vicinity. \L] [Zl
27. Site on filled land or on slope of 10 percent or more. HH \Z\
28. Use of disposal of potentially hazardous materials, such as toxic substances, Q IZI
flammables or explosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage, • [7]
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • [7]
31. Relationship to a larger project or series of projects. O |Z]
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
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 ofthe structures. Attach photographs ofthe site. Snapshots or
Polaroid photos will be accepted.
Existing site is a water tank on top of a hill, fenced in, surrounded by undeveloped open space. The water tank
takes up most of the entire parcel, there are some existing utilities and mechanical equipment servicing the water
tank. Two poles and equipment pad are proposed to be located inside the fenced area, near the fence. There are
existing established eucalyptus trees surrounding the parcel along the fence line - they will not be disturbed. No
animals were observed. There is no information available to any potential cultural, historical or scenic importance
of this property.
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 ofthe vicinity. Snapshots or polaroid photos will
be accepted.
The parcel is surrounded by undeveloped open space. Beyond the open space, at the foot ofthe hill, there are
some single-family homes to the southwest and to the north ofthe site.
SD02369A
DENK RESERVOIR
7323 SITIO SALVIA
CARLSBAD, CA 92009 T • -Mobile MARCH 27,2015
PROPOSED T-MOBILE MONO-EUCALYPTUS
ANTENNA SUPPORT STRUCTURE #2 &
EQUIPMENT (NOT SEEN IN THIS VIEW)
PROPOSED T-MOBILE 35' TALL
MONO-EUCALYPTUS ANTENNA
SUPPORT STRUCTURE #1
(SECTORS A & B)
;D ON FILE: SD02369A Denk-Reservoir 100ZD RevB For-Approval 03-25-201!
T-MOBILE USA
10509 VISTA SORRENTO PKWY STE 206
SAN DIEGO, CA 92121
ALL STATES
ENGINEERING &SURUEVING
A ZAIZAII i ASSOCIATES COMPANY
23675 BIRTCHER DR.
LAKE FOREST, CA 92630
949.273.0996
SD02369A
DENK RESERVOIR
7323 SITIO SALVIA
CARLSBAD, CA 92009 T • -Mobile MARCH 27, 2015
PROPOSED T-MOBILE MONO-EUCALYPTUS
ANTENNA SUPPORT STRUCTURE #1 &
EQUIPMENT (NOT SEEN IN THIS VIEW)
PROPOSED T-MOBILE 35' TALL
MONO-EUCALYPTUS ANTENNA
SUPPORT STRUCTURE #2
(SECTORS C & D)
-L '
BASED ON FILE: SD02369A Denk-Reservoir lOOZD RevB For-Approval 03-25-201
T-MOBILE USA
10509 VISTA SORRENTO PKWY STE 206
SAN DIEGO, CA 92121
ALL STATES
ENGINEERING C-SURUEVING
A ZAIZALI ASSOCIATES COMPANY
23675 BIRTCHER DR.
LAKE FOREST, CA 92630
949.273.0996
JUSTIFICATION FOR PROPOSED NEW GROUND-MOUNTED MONOPOLE
The following locations were considered and rejected for various reasons (property owners were not
interested; rent amount was too high; physical geography of the location did not provide proper
coverage):
1. 7412 Cadencia Street - existing site, but it has extremely limited coverage and POPs and serves a
different area that the proposed new site at the water tank
2. Water tank Candidate - selected as the primary location
33.05'26.58"
117.13'12.45"
3. Seapoint Tennis Candidate - Not Viable
33.05'28.06"
117.14'15.91"
4. Commercial Development - Not Viable
33.04'57.43"
117.04'01.45"
5. Fire Station Candidate H - Not Viable
33.04'51.1"
117.14'13.24"
SDG&E Towers:
6. SDGE B Candidate B - - Not Viable
33.05'27.71"
117.14'30.2"
7. SDGE Candidate C - - Not Viable
33.05'20.06"
117.14'11.27"
8. SDGE Candidate D - - Not Viable
33.05'16.67"
117.14'02.37"
T • -Mobile
Contents:
Plots:
Site: SD06369A (Site only, Site with Nbrs & Only Nbrs)
Candidate 1: SD06369B
Candidate 2: SD06369C
Candidate 3: SD06369D (Site only, Site with Nbrs & Only Nbrs)
Candidate 4: SD06369E (Site only. Site with Nbrs & Only Nbrs)
Candidate 5: SD06369F
Candidate 6: SD06369G
Candidate 7: SD06369H
mm ' mm '
• •
T • -Mobile SD06369A Only (Active Site)
• •
T • -Mobile SD06369A Site with Nbrs Coverage
• •
T • -Mobile SD06369A with Nbrs Coverage
- • T - -Mobile SD06369B Coverage
T - -Mobile SD06369C Coverage
T • -Mobile SD06369D Only (Alternate 1)
• •
T • -Mobile SD06369D Site with Nbrs Coverage
T - -Mobile SD06369D Nbrs Coverage
• •
T - -Mobile SD06369E Only (Primary Candidate)
- • T - -Mobile SD06369E Site with Nbrs Coverage
• m T • -Mobile SD06369E Only Nbrs Coverage
I! a T - -Mobile SD06369F Coverage
• •
T • -Mobile SD06369G Coverage (Different location)
T • -Mobile SD06369H Coverage (Close to site SD06438A)
Fll F Ccityof
• • Carlsbad
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a IVIinor Conditional Use Permit (IVICUP) has been applied for to
allow for the construction of a Wireless Communication Facility (WCF) consisting of two 35' tall
mono-eucalyptus trees exhibiting a stealth design near the Olivenhain Municipal Water District
water tank on the north side ofthe dirt trail accessed from Sitio Salvia in Carlsbad, California.
If you have any objections to the granting of this MCUP or wish to have an administrative hearing
to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 calendar days ofthe date of this notice. If you
have any questions, please call Austin Silva in the Planning Division at (760) 602-4631.
CASE NO.: MCUP 15-06
CASE NAME: SD02369A T-MOBILE EUCALYPTUS
DATE: June 3, 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
NOT TO SCALE
SITE MAP
T-Mobile Eucalyptus
MCUP 15-06
Easy Peel® Labels
Use Avery'S'Template 5160® ^
223-617-03-00
CENTER FOR NATURAL LANDS
MANAG
27258 VIA INDUSTRIA # B
TEMECULA, CA 92590-3751
Bend along line to expose Pop-up Edge™ ^ AVERY® 5160® I
l\/IUNITY
223-07
VALLECI
201 VALLECI
SAN MARC
ISTRICT
ORO
.69
223-811-49-00
LA COSTA O)
ASSN
9665 CHESAPEAKE DR STE 300
SAN DIEGO, CA 92123-1364
APPLICA\T
MARIA MIC
10790 FUER
LA MESA,
223-617-25-00
OLIVENHAIN
DISTRICT
1966 OLIVE
ENCINITAS, CA 92024
IN\LINIQ(P. AL WATER
A notice has been mailed to
all property owners/occupants
listed herein. I ^ i
Date: U'/^llS
Signature.
Etiquettes faciles k peler
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r6v&er le rebord Pop-up**^
www.avery.com
1-800-GO-AVERY
NotificationMaps. com
Radius Maps Owner and Occupant Lists IVIaiiing Services
April 15, 2015
TO: CityofCarlsbad COPY TO:
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
RE: Notification Package
APN 223-617-25-00
To Whom It May Concern:
Enclosed please find the attached:
• 300 foot radius map measured from the exterior of property boundaries keyed to mailing list
• 2 copies of the mailing list of all addresses for owners within 300'keyed to radius map-/vy/^ '• n£i
• 2 sets of typed mailing labels including APN#, owner name and address —//— i/^^'^'/ n
This property information was acquired through the County Assessor's office. Further, the information
is based upon the most up-to-date records ofthe county tax assessor and is deemed reliable, but is not
guaranteed.
Please contact me at (949) 874-5469 if you have questions.
Thank you.
Kristin Allison
www.notificationmaps.com
1866PLANCOM
Ccityof
Carlsbad
July 1, 2015
Maria Miller
Modus Inc.
10790 Fuerte Drive
La Mesa, CA 91941
SUBJECT: NOTICE OF RESTRICTION - MCUP 15-06 - SD02369A T-MOBILE EUCALYPTUS
Dear Applicant:
Please find the enclosed document that needs to be signed, notarized, and returned for recordation.
This is to fulfill a condition of approval of the Minor Conditional Use Permit - MCUP 15-06. Please
ensure the following items are addressed priorto returning to the city:
>^ Correct Notary Acknowledgement Required (Effective January 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 TQ 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 light (County iv/7/ not record the document if any portion of the
Notary Seal is blurry or too light)
Include property owner's name in the designated space above the owner's signature.
Please pay particular attention to the signature requirements at the bottom ofthe signature page.
^ Please do not fold documents.
•/ Return original signed and notarized documents.
It is our goal to assist you in getting the document recorded as expeditiously as possible. 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.mastersonPcarlsbadca.gov.
Sincerely,
AUSTIN SILVA, AlCP
Associate Planner
c: Michele Masterson, CED Senior Management Analyst
File Copy
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601 760-602-8560 f| www.carlsbadca.gov
•^'"-C Carlsbad
June 30, 2015
Maria Miller
Modus Inc.
10790 Fuerte Drive
La Mesa, CA 91941
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 15-06 - SD02369A T-MOBILE EUCALYPTUS -
Request for approval of a Minor Conditional Use Permit (MCUP 15-06) to allow for the
installation and operation of a wireless communication facility at the water tank site at the
terminus of Denning Drive, in the Planned Community Zone and Local Facilities Management
Zone 11.
Dear Ms. Miller,
The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP
15-06 for a new wireless communication facility consisting of two 35 foot tall faux eucalyptus trees with
eight panel antennas and one microwave dish antenna mounted on each tower (16 antennas total) and
four equipment cabinets at the water tank site at the terminus of Denning Drive. A notice was sent to
property owners within a 300' radius ofthe subject property requesting comments regarding the above
request. No comments were received within the ten day notice period (ending on June 12, 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 proposed use is consistent with the
General Plan in that the Residential Low (RL) land use designation does not preclude the provision
of Wireless Communication Facility (WCF) uses if they are located at the site of public and private
utility installations such as water tank sites. The WCF plan has been found to be consistent with
City Council Policy No. 64, Wireless Communication Facilities, in that it is in a preferred location
(water tanl< site) and has a stealth design as discussed in finding number five. The project's
location and stealth design comply with General Plan objectives that seek to maintain and
enhance Carlsbad's appearance.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the proposed WCF is located within a
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46601760-602-8560 f | www.carlsbadca.gov
MCUP 15-06-SD02369^^OBILE EUCALYPTUS
June 30, 2015 ^ ,, . .
Page 2 ..-r, ^ f '
rr '.^ t,:T •• x.
preferred location (water tank) as listed in Location Guideline A.l.g of City Council Policy
Statement No. 64, and all aspects of the WCF exhibit stealth design and are completely hidden
within the proposed faux eucalyptus tree and screened equipment enclosure. The WCF use is not
precluded by the project site's P-C (Planned Community) zoning or RL (Residential-Low) General
Plan Land Use designation. Furthermore, the antennas do not visually impact the site, 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 expos6re
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 eight foot tall panel antennas and
microwave dish antennas are located within and painted to match the color of a faux eucalyptus
trees thereby exhibiting a stealth design and the equipment cabinet will be located behind and
existing mature eucalyptus trees and an eight foot tall chain link fence.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the WCF use generates very little traffic, requiring only routine
monthly maintenance visits and occasional visits in response to operational problems. In
addition, the existing street system is adequate to properly handle any traffic generated by the
use.
5. 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 15303 (New Construction of Small Structures) of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 ofthe state CEQA Guidelines do not apply to this project.
6. 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 15-06 as shown on Exhibits "A" - "H" dated June 30, 2015 on file in
the Planning Division and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with
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.
MCUP 15-06 - SD02369A T-MOBTTE EUCALYPTUS
June 30, 2015
Page 3
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MCUP 15-06 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 11 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
7. MCUP 15-06 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation;
or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of
approval have not been met; or 4) the minor conditional use permit is being or recently has been
exercised contrary to any of the terms or conditions of approval; or 5) the use for which such
approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor
conditional use permit is being or has been so exercised as to be detrimental to the public health,
safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public
hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke
and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional
use permit, modify the conditions or impose new conditions.
8. This Conditional Use Permit is granted for a period of ten (10) years from June 30, 2015 through
June 29, 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.
MCUP 15-06-SD02369AT-MOBILE EUCALYPTUS
June 30, 2015
Page 4
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 §1.1307(b)(1); or (2) a project implementation report which provides cumulative field
measurements of RF emissions of all antennas installed at the subject site. The report shall quantify
the RF emissions and compare the results with the exposure limits established by the FCC
guidelines. Said report shall be subject to review and approval by the City Planner for consistency
with the Project's preliminary report on RF exposure submitted with the initial project application
and for consistency with the FCC guidelines. If, on review, the City finds that the Project does not
meet the FCC guidelines, the City may revoke or modify this conditional use permit.
Engineering:
13. Developer shali comply with the City's Stormwater Regulations, latest version, and shall implement
best management practices at ail 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.
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.
)^l MCUP 15-06 - SD02369A T-MQBIlE EUCALYPTUS
June 30, 2015
Page 5
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days ofthe 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 Austin Silva at (760) 602-4631.
Sincerely,
^7L
DON NEU
City Planner
CD:AS:fn
c: Van Lynch, Principal Planner
David Rick, Project Engineer
Data Entry
File Copy
DMS
FILE Ccityof
Carlsbad
June 2, 2015
Maria Miller
Modus Inc.
10790 Fuerte Drive
La Mesa, CA 91941
SUBJECT: 1st REVIEW FOR MCUP 15-06 - SD02369A T-MOBILE EUCALYPTUS
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Conditional Use Permit Amendment, application no. MCUP 15-06, 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. There are no issues to address.
The Planning Division will begin processing your application as ofthe date of this communication.
Sincerely,
DON NEU, AlCP
City Planner
DN:AS:fn
c: Kimberly Thorner, Olivenhain Municipal Water District, 1966 Olivenhain Road, Encinitas, CA 92024
T-Mobile, Suite 206,10509 Vista Sorrento Parkway, San Diego, CA 92121
David Rick, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
Data Entry
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 f | www.carlsbadca.gov