HomeMy WebLinkAboutAMEND 2021-0005; T-MOBILE SD06088A; Admin Decision LetterMay 25, 2021
Chris Vuong
Ccityof
Carlsbad
B FILE COPY
IY/ ... 1<) s-jz,f21
17169 Botero Drive
San Diego, CA 92127
SUBJECT: AMEND 2021-0005 (DEV2021-0078} -T-MOBILE SD06088A -Request for approval to
amend Minor Conditional Use Permit MCUP 11-0l(A) (AMEND 2021-0005) to allow the
modification of an existing wireless communication facility (WCF). The project site is
located at 1096 Laguna Drive, in the Multiple-Family Residential (R-3) Zone and within
Loca·I Facilities Management Zone 1.
The City Planner has completed a revi.ew of your application for an amendment to Minor Conditional Use
Permit MCUP 11-0l(A) (AMEND 2021-0005) for the modification of an existing WCF located behind roof
parapet and wall screening. The proposed modifications include replacing six of the nine antennas, adding
three remote radio units (RRU's) and raising the antennas and top of the parapet screening two feet.
Additional equipment changes are proposed within the existing equipment cabinets. All panel antennas
and associated equipment will continue to be located behind the building RF transparent screen boxes or
roof parapets. 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 May 17, 2021). After careful consideration of the circumstances surrounding this
request, the City Planner has determined that the 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 program, 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 and proposed modifications are
consistent with the General Plan in that the R-15 Residential Land Use designation does not
preclude wireless communication facility (WCF} uses; and (c) the proposed WCF is consistent with
City Council Policy No. 64, Wireless Communication Facilities, in that it is located on a preferred
non-residential use (professional care facility building) and will maintain its existing stealth design
by keeping the antennas behind a newly raised parapet wall and screening box that will be texture
coated and painted to match the building. The project's location and stealth design comply with
General Plan objectives that seek to maintain and enhance Carlsbad's appearance.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
AMEND 2021-0005-T-MOBILE SD06088A
May 25, 2021
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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 proposed WCF is located within a preferred
location (professional care facility building) as listed in Location Guideline A.1.b. of City Council
Policy No. 64. All aspects of the WCF exhibits stealth design with the antennas and associated
equipment installed behind existing and modified RF transparent roof screens. The WCF use is a
conditionally permitted use within the Multiple-Family Residential (R-3) Zone and the proposed
modifications to the existing WCF do not visually impact the existing site and do not interfere with
other surrounding uses. A Radio Frequency (RF) study was provided with this amendment request
and confirms that RF exposure, with standard Federal Communications Commission (FCC)
mitigation for operational personnel, will not be in excess of the FCC's exposure guidelines. The
project has been conditioned to maintain compliance with the FCC's 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 all of the proposed modifications including
antennas and equipment are located behind RF transparent screen walls that also screen other
rooftop mechanical equipment thereby exhibiting 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 unmanned WCF can be accessed by Laguna Drive and the WCF use
requires only periodic maintenance visits and occasional visits in response to operational problems.
The existing streets are adequate to handle the minimal traffic to and from the WCF.
5. That the existing WCF is consistent with City Council Policy No. 64 in that the WCF is located in a
preferred location (professional care facility building) as listed in Location Guideline A.1.b. of City
Council Policy Statement No. 64 and exhibits stealth design, as the rooftop antennas and equipment
are completely hidden behind RF transparent screen walls that are texture coated and painted to
match the existing building.
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 the 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. That the request for a Minor Conditional Use Permit was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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.
AMEND 2021-0005 -T-MOBILE SD06088A
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance.
1. All of the conditions within this letter shall supersede all of the conditions within the Planning
Division's administrative approval letter for Minor Conditional Use Permit MCUP 11-0l{A) dated
February 26, 2013.
2. Approval is granted for AMEND 2021-0005 -T-MOBILE SD06088A as shown on Exhibits "A" -"O"
dated May 25, 2021 on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
3. 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; 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 Amendment.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the AMEND 2021-0005 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.
5. 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 Amendment, (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.
6. The Developer shall comply with all' applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
7. This project shall comply with all conditions and mitigation measures, which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
8. AMEND 2021-0005 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
AMEND 2021-0005 -T-MOBILE SD06088A
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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 exe.rcised
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 lie 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.
9. This amended Minor Conditional Use Permit is granted for a period of ten (10) years from May 25,
2021 through May 25, 2031. 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 ten (10) years, unless determined otherwise
by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of
the permittee made no less than 90 days prior to the expiration date. The City Planner/Planning
Commission may not grant such extension, unless it finds that there are no 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 City Planner/Planning Commission may grant.
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 Amendment 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 24
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.
13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits
for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the
issuance of occupancy, and with any time extension or amendment request, the Developer/Operator
shall submit to the City Planner either (1) verification that the project is categorically excluded from
having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); or (2) a
project implementation report which provides cumulative field measurements of RF emissions of all
antennas installed at the subject site. The report shall quantify the RF emissions and compare the
results with the exposure limits established by the FCC guidelines. Said report shall be subject to
AMEND 2021-0005 -T-MOBILE SD06088A
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review and approval by the City Planner for consistency with the Project's preliminary report on RF
exposure submitted with the initial project application and for consistency with the FCC guidelines.
If, on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or
modify this minor conditional use permit amendment.
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.
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 $876.00. 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 to contact
Chris Garcia at (760) 602-4622.
Sincerely,
CLIFF JONES
Principal Planner
CJ:CG:cf
c: T-Mobile, 10509 Vista Sorrento Pkwy #206, San Diego, CA 92121
David Rick, Project Engineer
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