HomeMy WebLinkAboutMCUP 12-08; SD54XC913 Sprint WCF; Conditional Use Permit (CUP) (2)«~~\
~ CITY OF
.....
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Chrt-'> G.
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca .gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Administrative Pennit
0 Coastal Development Pennit (*) D Minor « .erditlonal Use Pennit (*)
~Minor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Penn it
0 Hillside Development Pennit (*)
0 Planned Development Penn it
0 Minor
0 Residential 0 Non-Residential
0 Planned Industrial Pennit
0 Planning Commission Detennination
0 Site Development Plan
0 Special Use Pennit
0 Tentative Tract Map
0 Variance 0 Administrative
(FOR DEPT. USE ONLY) Legislative Permits
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan
0 Specific Plan
D Zone Change (*)
0Amendment
0 Amendment
0 Zone Code Amendment
(FOR DEPT. USE ONLY)
South Carlsbad Coastal Review Area Permits
0 Review Pennit
0 Administrative 0 Minor D Major
Village Review Area Permits
D Review Pennit
0 Administrative 0 Minor D Major
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
BRIEF DESCRIPTION OF PROJECT:
-/7;/t'f
BRIEF LEGAL DESCRIPTION:
LOCATION OF PROJECT:
7 STREET ADDRESS
ON THE: SIDE OF
(NORTH, SOUTH, EAST, WESn (NAME OF STREEn
BETWEEN AND
(NAME OF STREEn (NAME OF STREEn
P-1 PaQe 1 of6 Revised 06/12
O~NNER NAME (Print): ~~~~:-~~~~~~--
MAILING ADDRESS:
~~~r-~~~~~------
CITY, STATE. ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
APPLICANT NAME
MAILING ADDRESS:
~~~~~--~~~~~-LCITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
LEGAL REPRESENTATIVE OF THE OWNER
E INFORMATION IS TRUE AND C RRECT TO
tM T.<lll<l'l\..t~rVl.EDGE.
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IMJE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND N BIND ANY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
OCT 2 3 20\?.
crfY OF CARLSBAD
PLANN\NG 0\V\S\ON
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 06/12
~ •' ... ·.,, ... '~ ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, distJ;ict or other political subdivision or any other group or combination acting as a unit •
Agents may sign this document; however, the legal name and entity of the applicant and property owner
niust be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 1 0% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate p 1a~e ~ached if necessary.)
·~-+"-'--~~"""'V;;..._r-_'-l..--,....;;.__-.,.-Corp/Part. ___________ _
Title ~ ~/1 ?f#i Title ·----------------Addres (~ ~ Address __________ _
OWNER (Not the owner's agent) "(21'~
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person. __________ _ Corp/Part. ___________ _
Title. ___________ _ Title _____________ _
Address _________ _ Address. ___________ _
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust. _______ _.;_ __
Title Title _____________ _
Address. _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months? ____/
D Yes ~ No If yes, please indicate person(s):. __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to th_ .... P'
/0
Jot. bl!.<ZM-'oe. /t:.; t, of ~
Print or type name of oi.Nher
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2 of2 Revised 07/10
~ :J' .... .,, '4
, ·~ CITY 0 F
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760} 602-4610
www.carlsbadca.gov
P~OJECTNAME: ~~~~~--~--~--~------~--------~~=-~
APPLICANT NAME: ---,"7""-+--'~......,_....;---+-__...:;4--=-~:..........&..~~.....__--"'-~~~.=.:;~~
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the. proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
P-1(B) Page 1 of 1 Revised 07/10
• ~ .( ·!
, ~ CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
l1l( The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application .!!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: _______________ _
Address: ______________ _
Phone Number: __ -'------------
PROPERTY OWNER
Name: Ci-9 ;.f! C.Mls~
Address: 'z'o6 CJoJt., AvL
~«e.J (!!( t'fZofJ~
Phone Number: __________ _
Address of Site: ____________________________ _
Local Agency (City and County): ______________________ _
Assessor's book, page, and parcel number: ___________________ _
Specify list(s): _____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: _____________________________ _
Applicant Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07110
«~ CITY OF
~CARLSBAD •
Property and Environmental Management
October 19, 2012
Ed Gala
Suresight
20612 Kelvin Lane
Huntington Beach, CA 92646
Authorization to Proceed with Planning Submittals
Mr. Gala,
www.carlsbadca.gov
RECEIVED
OCT 2 3 2012
CITY OF CARLSBAD
PLANNING DIVISION
This letter confirms that the City of Carlsbad is authorizing your firm to pursue the entitlement
process for a cell site on behalf of Sprint, located at 2997 Glasgow Drive, Carlsbad CA 92010.
This authorization only allows your firm to submit for entitlement review and approvals for the
above mentioned site and does not constitute any authorization for actual physical installment of
any equipment. The City allows this in an effort to streamline the license and entitlement process
and to help reduce time to market for applicants. As we have discussed, the City requires a
COMPLETED AND APPROVED license agreement prior to any occupation of our property.
I will send you a license agreement under separate cover.
If your firm fails to pursue the timely completion of the license agreement, the City may, at its
discretion, withdraw its permission to seek land use review on its property.
If you have any questions please feel free to contact me at (760) 434 2893
e
Municipal Property Manager
City of Carlsbad
c: file
-405 Oak Avenue I Carlsbad, CA 920081 76Q-434·2943I 760-720·9562 fax
l • • '
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
I~I~IMIWniiiiiiiiRIIImll
Applicant: SPRINT NEXTEL
Description Amount
MCUP1208 827.50
2997 GLASGOW DR CBAD
Receipt Number: R0091921 Transaction ID: R0091921
Transaction Date: 10/23/2012
Pay Type Method Description Amount
Payment Check 827.50
Transaction Amount: 827.50
I •
\ • • I'
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1229701-2 10/23/2012 98
Tue, Oct 23, 2012 12:52 PM
Receipt Ref Nbr: R1229701-2/0037
PERMITS -PERMITS
Tran Ref Nbr: 122970102 0037 0042
Tr: 'cpt#: R0091921
S: ·~CUP 1208
jbtota l:
iota 1:
ITEM(S) TOTAL:
eck (Chk# 0261)
:redit Card (Aut ·
Total Received:
Have a nice day!
1 @ $827.50
$827.50
$827.50
$827.50
$705.00
$122.50
$827.50
**************CUSTOMER COPY************* ~
(t~ CITY OF
¥CARLSBAD
•
Community & Economic Development
• FILE COPY
I 0 -:::t:> I C).
www.carlsbadca.gov
NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT
Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to
allow the continued operation of a Wireless Communications Facility (WCF) on property
generally located at, 2997 Glasgow Drive, Carlsbad, California (Calavera Hills Community
Park), and more particularly described as:
A portion of Lot "J" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
Map thereof No. 823 filed in the Office of the County Recorder of
San Diego County, on November 16, 1896. Assessor's Parcel
Number: 167-101-07-00.
If you have any objections to the granting of this MCUP or wish to have an informal hearing to
discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue,
Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any
questions, please call Chris Garcia in the Planning Division at (760) 602-4622.
CASE NO.: MCUP 12-08
CASE NAME: SD54XC913 Sprint WCF
DATE: October 30,2012
CITY OF CARLSBAD
PLANNING DIVISION
~ .. Planning Division
~~~~-~~~~----~~~~--------------------------------------~:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• •
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THlS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUA.LIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
,t '
~,; u(2\V(
DATE: /0-o'i-Zol2
RECEIVED BY
DATE: _J_fl-'-/_4-'-,f-j _.__fie~---
, . •..
' / ' \
300' RADIUS MAP
GC MAPPING SERVICE, INC.
3055 WEST VALLEY BOULEVARD
ALHAMBRA CA 91803
(626) 441-1080, FAX (626) 441-8850
gcmapping@radiusmaps.com
LEGEND
92 @)
19.59 AC
CASE NO.
DATE: 10 -04 -2012
OWNERSHIP NO.
SCALE: 1 .. = 100'
OWNERSHIP HOOK
OWNERSHIP MAP
• •
Discretionary Review Checklist
PROJECT NUMBER: MCUP 12-08 SD54XC913 SPRINTWCF
BUILDING ADDRESS: 2997 GLASGOW DR
PROJECT DESCRIPTION: REFIT OF EXISTING WCF
ASSESSOR'S PARCEL NUMBER:
FIRE DEPARTMENT
APPROVAL
The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: (j. Ryan: Date 11/19/12
ATTACHMENTS
DENIAL
Please see the attached report of deficiencies
marked with l:&l. Make necessary corrections to
plans or specifications for compliance with
applicable codes and standards. Submit corrected
plans and/or specifications to this office for review.
By: Date ----------------------------
By: --------------Date:
By: --------------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME: Gregory L Ryan
Deputy Fire Marshal
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4663
• CITY OF CARLSBAD • REVIEW AND COMMENT MEMO
DATE: OCTOBER 23, 2012
PROJECT NO(S}: MCUP 12-08 REVIEW NO: 1 --------~-------------------------------~
PROJECT TITLE: SD54XC913 SPRINT WCF
APPLICANT: SPRINT {SURE SITE-ED GALA)
TO: [gj land Development Engineering
0 Police Department-J. Sasway
[gj Fire Department-Greg Ryan
[gj Building Department-Will Foss
0 Recreation -Mark Steyaert
0 Public Works Department {Streets)-Nick Roque
0 Water/Sewer District
0 landscape Plancheck Consultant-PELA
0 School District
0 North County Transit District-Planning Department
0 Sempra Energy-Land Management
0 Caltrans {Send anything adjacent to 1-5)
0 Parks/Trails-liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK
in the Planning Department at 1635 Faraday Avenue, by 11/13/2012. If you have "No Comments,"
please so state. If you determine that there are items that need to be submitted to deem the
application "complete" for processing, please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you n /;~, L,
COMMENTS: _ _,_fVY~__;:;_~~...:..........;~~""""----------------
Signature Date
PLANS ATTACHED
Review & Comment 05/11
• CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: OCTOBER 23, 2012
•
~
PROJECT NO(S): MCUP 12-08 REVIEW NO: 1 ---------------------------------------~
PROJECT TITLE: SD54XC913 SPRINT WCF
APPLICANT: SPRINT (SURE SITE-ED GALA)
TO: I:8J Land Development Engineering
0 Police Department-J. Sa sway
I:8J Fire Department-Greg Ryan
I:8J Building Department-Will Foss
0 Recreation-Mark Steyaert
0 Public Works Department (Streets)-Nick Roque
0 Water/Sewer District
0 Landscape Plancheck Consultant-PELA
0 School District
0 North County Transit District-Planning Department
0 Sempra Energy-Land Management
0 Caltrans (Send anything adjacent to 1-5)
0 Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK
in the Planning Department at 1635 Faraday Avenue, by 11/13/2012. If you have "No Comments,"
please so state. If you determine that there are items that need to be submitted to deem the
application "complete" for processing. please immediately contact the applicant and/or their
representatives (via phone or e-mail) to let them know.
Thank you
COMMENTS: _ _.~l...,.Qt....IO~'--..:..~~~-_:~;:._...,lCo-.:..;~=-:.;__;,;:::::;.__.:;...• ----------
Date
PLANS ATIACHED
Review & Comment 05/11
{Mt I ~) 1J j lh J 1:')...-
.df~A,. CITY OF
VcARLSBAD
• •
Planning Division www.carlsbadca.gov
November 15, 2012
Ed Gala
20612 Kelvin Lane
Huntington Beach, CA 92646
SUBJECT: MCUP 12-08-SD54XC913 SPRINT WCF-CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) APPLICABILITY /PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing
Facilities -15301 of the State CEQA Guidelines. No environmental review is required for the project.
A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office
which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made
out to the San Diego County Clerk. The check should be submitted approximately one week prior to
the City Planner decision date.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov.
Sincerely,
DON NEU, AICP
City Planner
DN:CG:sm
c: Chris DeCerbo, Principal Planner
Tecla Levy, Project Engineer
File Copy
Data Entry
®
_4(~A_ CITY OF • • Mcu.C,d lt\ <l f 1 z__
VcARLSBAD oFILE
Community & Economic Development www.carlsbadca.gov
November 9, 2012
Ed Gala
20612 Kelvin Lane
Huntington Beach, CA 92646
SUBJECT: 1ST REVIEW FOR MCUP 12-08-SD54XC913 SPRINT WCF
Thank you for applying for land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Minor Conditional Use Permit, application no. MCUP 12-08, as to its completeness for processing.
The application is complete, as submitted. Although the initial processing of your application may have
already begun, the technical acceptance date is acknowledged by the date of this communication. The
City may, in the course of processing the application, request that you clarify, amplify, correct, or
otherwise supplement the basic information required for the application. In addition, you should also
be aware that various design issues may exist. These issues must be addressed before this application
can be scheduled for a hearing. The Planning Division will begin processing your application as of the
date of this communication.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• land Development Engineering Division: Tecla levy, Associate Engineer, at (760) 602-2733.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
~~~
CHRIS DeCERBO
Principal Planner
CD:CG:bd
c: Don Neu, City Planner
Tecla Levy, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T760-602-4600 F 760-602-8559 ®
/' " 1/i , t.-t-h it 1 a.o J rj_ • .df~.A._ C I T Y 0 F
VcARLSBAD
Planning Division
November 20, 2012
Ed Gala
20612 Kelvin Lane
Huntington Beach, CA 92646
• LJ FILE
www.carlsbadca.gov
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-08 -SD54XC913 SPRINT
WCF -Request for approval of a Minor Conditional Use Permit (MCUP 12-08; replaces MCUP 06-
10) to allow the continued operation and maintenance of an existing Wireless Communications
Facility (WCF) with minor modifications that includes the replacement of three existing panel
antennas with three new panel antennas at 2997 Glasgow Drive, in the P-C Zone and Local
Facilities Management Zone 7.
Dear Mr. Gala,
The City Planner has completed a review of your application for a Minor Conditional Use Permit
MCUP 12-08 for the continued operation and maintenance of a Wireless Communications Facility
with minor modifications that include the replacement of three existing panel antennas with three
new panel antennas at 2997 Glasgow Drive. 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 November 9, 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 can be made and therefore,
APPROVES this request 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 prog,·am, specific plan or master plan in that {a) the
use is necessary and desirable for the development of the community because of the
benefit and demand for digital communications and data transmissions for
businesses, individuals, public agencies and emergency service systems in this part
of the City; {b) the existing use with proposed modification is consistent with the
General Plan in that the Open Space {OS) Land Use designation does not preclude the
provision of Wireless Communication Facility {WCF) uses. The revised WCF plan has
been found to be consistent with City Council Policy No. 64, Wireless Communication
Facilities, in that it is in a preferred location (within an existing public park) and has a
stealth design. The project's location and stealtf:t design comply with General Plan
objectives that seek to maintain and enhance Carls-bad's. appearance.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the existing WCF with
proposed modifications is located within a preferred location (within an existing
public park) as listed in Location Guideline A.1.h. of City Council Policy Statement No.
64, and all aspects of the WCF exhibit stealth design in that the panel antennas are
flush mounted on an existing light pole and the equipment cabinets are located within
~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
• • MGUP 12-08-SD54XC913 SPRINT WCF
November 20, 2012
Page 2
a structure screened from the street by a berm and painted to match the other
existing structures on-site. The WCF use is not precluded by the project's Planned
Community zoning or Open Space General Plan Land Use designation. Furthermore,
the antennas on the existing light pole do not visually impact the existing site, do not
interfere with nor are readily visible to other surrounding uses and will not result in
any additional building coverage. The project has been conditioned to comply with
FCC RF Exposure Guidelines.
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 existing
WCF is being modified by replacing the existing three panel antennas with three new
antennas in a similar location and the equipment cabinets are located in an enclosure
that is painted to match the other buildings in the park. In addition the equipment
enclosure is located in an area that is screened from the road by a berm and thereby
exhibits stealth design techniques.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the modified unmanned WCF use would require,
on average, only monthly maintenance visits and occasional visits in response to
operational problems.
5. That the modified WCF is consistent with City Council Policy No. 64 in that it is located in a
preferred location (within an existing public park) as listed in Location Guideline
A.1.h. of City Council Policy Statement No. 64 and exhibits stealth design, as the
antennas are flush mounted on an existing light pole and the existing equipment is
located in a building screened from the street and painted to match the other existing
buildings on-site.
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
t!le 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. Approval is granted for MCUP 12-08 as shown on Exhibits "A"-"M" dated November 20,
2012 on file in the Planning Division and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted; deny or further condition issuance of all future building permits;
• • MCUP 12-08 -SD54XC913 SPRINT WCF
November 20, 2012
Page 3
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted; record a notice of violation on the property title; institute and
prosecute litigation to compel their compliance with said conditions or seek damages for
their violation. No vested rights are gained by Developer or a successor in interest by the
City's approval of this Minor Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the MCUP 12-08 documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from
this approval shall require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any
and all liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
5. The Developer shall comply with all applicable prov1s1ons of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
7. MCUP 12-08 shall be reviewed by the City Planner on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare. If
the City Planner determines that: 1) the minor conditional use permit was obtained by fraud
or misrepresentation; or 2) the use for which such approval is granted is not being exercised;
or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is
being or recently has been exercised contrary to any of the terms or conditions of approval;
or 5) the use for which such approval was granted has ceased to exist or has been
suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or
regulation; or 7) the use permitted by the minor conditional use permit is being or has been
so exercised as to be detrimental to the public health, safety or welfare or so as to constitute
a nuisance, the City Planner shall hold an informal public hearing and after providing the
permittee the opportunity to be heard, the City Planner may revoke and terminate the minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify
the conditions or impose new conditions.
8. This Conditional Use Permit is granted for a period of 10 years from November 20, 2012
through November 19, 2022. This permit may be revoked at any time after a public hearing,
if it is found that the use has a substantial detrimental effect on surrounding land uses and
the public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed 10 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
Planning Commission may not grant such extension, unless it finds that there are no
e • MCUP 12-08 -SD54XC913 SPRINT WCF
November 20, 2012
Page 4
substantial negative effects on surrounding land uses or the public's health and welfare. If a
substantial negative effect on surrounding land uses or the public's health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the Planning
Commission may grant.
9. If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this residential
housing project are challenged this approval shall be suspended as provided in Government
Code Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
10. Prior to the issuance of a Building Permit, owner/applicant shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the City Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the
owner/applicant. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner
has the authority to execute and record an amendment to the notice, which modifies or
terminates said notice upon a showing of good cause by the owner/applicant or successor in
interest.
11. This approval shall become null and void if building permits are not issued for this project
within 18 months from the date of project approval.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application.
Engineering:
13. 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.
Code Reminders:
14. 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.
15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
• • MCUP 12-08-SD54XC913 SPRINT WCF
November 20, 2012
Page 5
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 $638.00 plus
noticing fees. 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 Chris Garcia at (760} 602-4622.
Sincerely,
~ DeOJv
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: Don Neu, City Planner
Michele Masterson, Senior Management Analyst
Chris DeCerbo, Principal Planner
Tecla Levy, Project Engineer
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DMS/Data Entry