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HomeMy WebLinkAboutMCUP 07-06x1; Downtown Carlsbad PCS Facility; Conditional Use Permit (CUP)<il^ CITY OF N^CARLSBAD Planning Division www.carlsbadca.gov April 13, 2012 Sprint Spectrum, LP Heidi Thorne 6391 Sprint Parkway Mailstop: KSOPHT0101-Z2650 Overland Park, KS 66251-2650 SUBJECT: MINOR CONDITIONAL USE PERMIT EXTENSION NO. MCUP 07-06X1 - DOWNTOWN CARLSBAD PCS FACILITY - Request for approval ofa Minor Conditional Use Permit Extension (MCUP 07- 06x1); to allow the continued operation and maintenance of an existing Wireless Communication Facility (WCF) for Sprint consisting of 9 roof mounted panel antennas behind RF transparent screens, along with associated radio equipment cabinets in an equipment enclosure located at grade at 1015 Chestnut Avenue, in the Residential Professional (RP) Zone and Local Facilities Management Zone 1. Dear Ms. Thorne, The City Planner has completed a review of your application for a Minor Conditional Use Permit Extension MCUP 07-06x1 for the continued operation of an existing wireless communications facility at 1015 Chestnut Avenue. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on April 6, 2012). 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 Extension can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. All of the findings contained in the Planning Director's decision letter, dated July 19, 2007 for MCUP 07-06, apply to this extension and are incorporated herein by reference and remain in effect. 2. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 3. 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. Additionally, as Sprint must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. In making this determination, the City Planner has 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 07-06X1 - DOWNTOWN CARLSBAD PCS FACILITY April 13, 2012 Page 2 found that the exceptions listed in Section 15300.2 ofthe state CEQA Guidelines do not apply to this project. 4. 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 ofthe 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 April 9,2012 through April 8, 2022. 2. All of the conditions contained in the Planning Director's decision letter dated July 19, 2007, for MCUP 07-06 apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 8 which is superseded by Condition No. 1 of this approval letter. Engineering: 3. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all 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. 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. MCUP 07-06X1 - DOWNTOWN CARLSBAD PCS FACILITY April 13, 2012 Page 3 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 $620.00. 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 Dan Halverson at (760) 602-4631. Sincerely, (3^ CHRIS DeCERBO Principal Planner CD:DH:bd c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy DMS/Data Entry