Loading...
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 Utilisez le aabarit AVERY® 5160® Sens de Replies k la hachure afin de 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