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HomeMy WebLinkAboutCD 2020-0009; T-MOBILE SD06367A; Admin Decision LetterAugust 3, 2020 Chris Vuong 17169 Botero Drive San Diego, CA 92127 BFILE COPY f//4,i#I e/.r./20 SUBJECT: CD 2020-0009 (DEV00047) -T-MOBLIE 5D06367 A Ccityof Carlsbad The City Planner has completed a review of your application for the modification of an existing Wireless Communications Facility (WCF) located at 6994 El Camino Real, (APN:215-052-75-00) which is a modification to MCUP 06-0S, a WCF currently with six panel antennas mounted to the building behind RF transparent screens and associated equipment within an enclosure at the ground floor of the building. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • Installation of three (3) new panel antennas (one per sector), for a total of nine (9) antennas. • Replacement of one (1) RF transparent screen to accommodate one of the new antennas and installation of one new RF transparent screen for one existing un-screened antenna sector. • Installation of associated equipment behind the screening material and within the existing enclosure at the base of the building. In order for o Discretionary Permit Consistency Determination to be approved, all af the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the six existing antennas remain and the three new antennas (one per sector) will be located behind existing or replacement screens of similar shape and size to the existing screening and one new screen far a previously un-screened antenna sector. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that the existing and proposed antennas at two sectors and equipment will be located behind new RF transparent screens or within an existing enclosure that shield the antennas and equipment from view of the surrounding properties and streets. Furthermore, one of the sector's screening will be improved by providing a cohesive screen for o/1 antennas for that sector. 3) The proposed revision does not change the density or boundary of the subject property in that the modifications to the existing WCF do not modify property boundaries. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 ( 760-602-8560 f I www.carlsbadca.gov CD 2020-0009 -T-MOBLIE SD06367 A August 3, 2020 Page 2 4) The proposed revision does not involve the oddition of a new fond use not shown on the original permit in that there are no new land uses proposed since there is an existing WCF an the site. 5) The proposed revision does not rearrange the major land uses within the development in that the additional antennas and equipment will be located adjacent to the existing antennas and equipment in their previously approved locations. 6} The proposed revision does not creote changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code in that the net addition af three {3} panel antennas behind screens remains consistent with City Council Policy No. 64. There will be no substantial visual changes to the site and the existing parapet height will not change. Furthermore, the proposed modifications to the existing WCF qualify os an eligible facility modification pursuant to Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455 (a)). 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the project is still considered exempt from CEQA review pursuant to Section 15301 (Existing Facilities) afthe state CEQA Guidelines. 8) The proposed change would not result in any health, safety or welfare impacts in that the project will continue to comply with Federal Communication Commission's standards for radio frequency (RF) radiation in accordance with the Telecommunications Act of 1996. Furthermore, an RF exposure report was submitted demonstrating that the proposed modifications comply with the general population maximum exposure limits of the Federal Communications Commission {FCC). 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change in that there were no major issues or controversies associated with the original approval (MCUP 06-05). 10) The proposed change would not be readily discernable_ to the decision makers as being substantially different from the project as originally approved in that the proposed antennas and equipment will be located behind replacement or new screen boxes of similar shape and size to the existing screen boxes or located within an existing enclosure at the ground floor of the building. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referre_d 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 CD 2020-0009 -T-MOBLIE SD06367 A August 3, 2020 Page 3 file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. 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 to contact Chris Garcia at (760) 602-4622. CITY OF CARLSBAD ~n DON NEU, AICP City Planner DN:CG:cf c: T-Mobile, 10509 Vista Sorrento Pkwy, Suite 206, San Diego, CA 92121 David Rick, Project Engineer HPRM/File Copy Data Entry