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
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