Loading...
HomeMy WebLinkAboutCD 2022-0007; T-MOBILE LA COSTA PLAZA; Admin Decision LetterDecember 15, 2022 NICOLAS FAURE INFINIGY 26455 RANCHO PARKWAY SOUTH LAKE FOREST, CA 92630 8FILE COPY SUBJECT: CD 2022-0007 (DEV03035}-T-MOBILE LA COSTA PLAZA Dear Applicant, {"Cityof Carlsbad The City Planner has completed a review of your application for Consistency Determination CD 2022-0007 (APN 223-060:-29), which is a modification to MCUP 08-14 to upgrade an existing unmanned wireless communications facility (WCF). After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. Generally, the proposed modifications include: • Removal of two (2) existing panel antennas and replacement with three (3) new panel antennas • Removal of five (5) existing tower mounted amplifiers (TMAs) and replacement with three (3) new remote radio units (RRUs) • Installation of new ground mounted support equipment/panels within an existing enclosure For a Discretionary Permit Consistency Determination to be approved, all of 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 proposed modification will not change the height or location of existing antennas onsite. 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 proposed antennas are being installed behind existing parapets and towers features that currently hold existing antennas and are proven to represent stealth design. 3) The proposed revision does not change the density or boundary of the subject property function in that all aspects of the property remain as previously approved. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CD 2022-0007 (DEV03035)-T-MOBILE LA COSTA PLAZA December 15, 2022 Page 2 5} The proposed revision does not rearrange the major land uses within the development. 6) The proposed revision does not create 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 proposed modifications to the existing WCF qualify as 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 proposed project is in substantial conformance with MCUP 08- 14, which determined that the project is categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -Existing Facilities of the CEQA Guidelines. 8) The proposed change would not result in any health, safety or welfare impacts in that the proposed modification is required to comply with all Federal Communications Commission (FCC} rules and regulations regarding electromagnetic energy emissions. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 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 modification does not change the use of the site or existing structures. 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. CD 2022-0007 (DEV03035) -T-MOBILE LA COSTA PLAZA December 15, 2022 Page 3 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 $847. 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 your project planner, Jason Goff at 442-339-2643. CITY OF CARLSBAD ERIC LARDY, AICP City Planner EL:JG:JC c: T-Mobile West Corporation, 10509 Vista Sorrento Parkway, San Diego, CA 92121 Rancho SO, LLC, 4995 Murphy Canyon Road, Suite 100, San Diego, CA 92123-4326 David Rick, Project Engineer HPRM/File Copy Data Entry