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Home My WebLink AboutMCUP 13-06; VERIZON WIRELESS CALAVERA HILLS - 1ST EXTENSION; Admin Decision LetterAugust 10, 2022 Jill Cleveland Plancom Inc. 302 State Place Escondido, CA 92029 B FILE COPY {'cityof Carlsbad SUBJECT: First Extension of MCUP 13-06 (DEV12011}-VERIZON WIRELESS CALAVERA HILLS Dear Jill Cleveland, The Planning Division has completed its review of your application for the first extension of Minor Conditional Use Permit MCUP 13-06 -VERIZON WIRELESS CALAVERA HILLS, located at 2997 Glasgow (Calavera Hills Park). The application was submitted on July 11, 2022. The Minor Conditional Use Permit, which allows for the continued operation of a wireless communications facility, was approved on July 2, 2013, and was due to expire on July 1, 2023. On December 4, 2018, the City Planner approved a Consistency Determination (CD 2018-0019) to modify the WCF. The Consistency Determination (CD 2018-0019) modified the WCF by removing 12 panel antennas and installing six (6) new panel antennas, removing the existing 46" radome and installing a new 59" radome, removing three (3) existing raycaps and installing three (3) new raycaps, and installing six (6) Radio Remote Units (RRUs} along with cables and other supporting equipment. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Minor Conditional Use Permit MCUP 13-06 -VERIZON WIRELESS CALAVERA HILLS was submitted in a timely manner prior to the expiration date, and (2) that the findings required for granting a Minor Conditional Use Permit extension can be made; therefore, the City Planner APPROVES the first extension of Minor Conditional Use Permit MCUP 13-06-VERIZON WIRELESS CALAVERA HILLS for a period of ten (10} years from July 2, 2023, through July 2, 2033, 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 the existing wireless communication facility (WCF} provides a benefit by helping meet the demand for digital communications and data transmissions for businesses, individuals, public agencies, and emergency service systems in this area of the city. The use is consistent with the General Plan in that the Open Space (OS} Land Use designation does not preclude WCF uses. Additionally, the WCF has been found to be consistent with Sections A.1.h and 8.1 of City Council Policy No. 64, Wireless Communication Facilities, because it will remain in a preferred location and will continue to provide a stealth design. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov First Extension of MCUP 13-06 (DEV12011)-VERIZON WIRELESS CALAVERA HILLS August 10, 2022 Pa e 2 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the pr<;>posed use is to be located in that the existing wireless communications facility (WCF) will remain in the existing location. Additionally, the WCF has been found to be consistent with Sections A.l.h and B.l of City Council Policy No. 64, Wireless Communication Facilities because it will remain in a preferred location and the antennas will remain as a stealth design. F1,Jrthermore, the WCF use is not precluded by the project site's Planned Community (P-C) zoning and Open Space (OS) General Plan Land Use designation. 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 wireless communications facility (WCF) is located on an existing light standard. The site is adequate for the existing WCF because it is located within a Planned Community (P-C) zoned property within a city-owned park, which is considered a preferred location pursuant to City Council Policy 64, Section A.1.h (Parks and Community Facilities). The project does not propose any modifications to the existing WCF. The antennas and equipment are in compliance with all applicable development standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing and unstaffed wireless communications facility does not generate traffic other than during periodic maintenance. Access to the site is provided via Carlsbad Village Drive and/or Glasgow Drive, which is adequate to serve the facility. 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -Existing Facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. This Minor Conditional Use Permit Extension is granted for a period of ten (10) years from July 2, 2023, through July 2, 2033. 2. All of the conditions contained in the City Planner's decision letter dated July 2, 2013 for MCUP 13- 06 apply to this extension and are incorporated herein by reference and remain in effect except for Condition No. 8 which is superseded by Condition No. 1 of this approval letter. First Extension of MCUP 13-06 (DEV12011)-VERIZON WIRELESS CALAVERA HILLS August 10, 2022 Pa e 3 Code Reminders: 3. 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. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $786. 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 Esteban Danna at (442) 339-2629. Sincerely, CLIFF JONES Principal Planner CJ:ED:JC c: Curtis Jackson, City of Carlsbad, 1200 Carlsbad Village Dr., Carlsbad, CA 92008 Verizon Wireless, 15505 Sand Canyon Ave, D-1, Irvine, CA 92618 Eric Lardy, City Planner Laserfiche/File Copy Data Entry