Loading...
HomeMy WebLinkAboutCD 2023-0009; SDSAN00422B; Admin Decision Letter• Sept. 7, 2023 Dexter Jones Qualtek Wireless 10 Pasteur Ct. Irvine, CA 92618 SUBJECT: CD 2023-0009 (DEV2022-0092) -SDSAN00422B Ccityof Carlsbad The City Planner has completed a review of your application for a Consistency Determination, CD 2023- 0009, which is a request to review changes to CUP 2022-0007, SDSAN00422B. The project site is located at 6211 Corte Del Abeto (APN 213-061-02) and is developed with a public storage building. The Minor Conditional Use Permit for the wireless communications facility (WCF), approved by the City Planner Nov. 28, 2022, includes three sectors of rooftop antennas (one antenna per sector and associated wireless equipment) and an at-grade equipment structure. The subject Consistency Determination entails a request to relocate two of the sectors currently approved to be screened with a stucco box on top of the roof to the fa!;ade of the southwest and northeast corners of the building. The new antennas/sectors will be screened with a stucco box textured and painted to match the building. The remaining sector, an extension of an architectural feature at the building entrance, is proposed to remain as approved. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. In order 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 number of sectors and antennas is not changing. The relocation of two of the three sectors from the roof in the form of rooftop structures to the facades of building with boxed enclosures painted and textured to match the building represents an improvement in design since it is less visible and a superior stealth design. 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 relocation of two of the rooftop antenna enclosures to the facades of the building is an improvement in the stealth design and less visually obtrusive. 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the project continues to entail a stealth WCF on a light industrial building. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442~339-2600 ,.,. ... .., CD 2023-0009 (DEv2022-oof'f-ttJAr3>J.Pl~ · i Sept. 7, 2023 --~ Page 2 5) The proposed revision does not rearrange the major land uses within the development in that no changes are proposed to the existing light industrial building. 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 number of sectors and antennas is not changing and the height of the WCF for two of the three sectors will be improved since the antennas and screening structures will be relocated from the roof to the facades of the building. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the changes proposed to WCF are minor in nature and exempt from CEQA. 8} The proposed change would not result in any health, safety or welfare impacts in that the EMF report for the WCF concluded the site is in compliance with Federal Communications Commission Rules and Regulations for radio frequency exposure. In addition, the WCF will comply with all city code requirements. 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 no new antennas are proposed and the relocation of two rooftop structures and associated antennas to the facades of the building is an improvement in the stealth design. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, 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 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 otherwis1:: expired. CD 2023-0009 (DEV2022-0092) -SDSAN00422B Sept. 7, 2023 Page 3 I ., This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $900. 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, Shannon Harker, at (442) 339-2621 or shannon.harker@carlsbadca.gov. CITY OF CARLSBAD C{iff Jones on 6efiafj of ERIC LARDY, AICP City Planner EL:SH:mh c: Kendra Roberts, Public Storage, 701 Western Avenue, Glendale, CA 91201 File Copy Data Entry/Laserfiche