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Home My WebLink AboutMCUP 07-06; DOWNTOWN CARLSBAD PCS FACILITY - 2ND EXTENSION; Admin Decision LetterJune 6, 2022 Mark Phillips PWC Ccityof Carlsbad BFILE corv ll111,lt!/ 6 /1/22 2014 Granada Ave San Diego, CA 92104 SUBJECT: Second Extension of MCUP 07-06 (DEV01019)-DOWNTOWN CARLSBAD PCS FACILITY -Request for approval of a second extension for Minor Conditional Use Permit (MCUP 07-06) 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 Office (0) Zone and Local Facilities Management Zone 1. Dear Mr. Phillips, The Planning Division has completed its review of your application for the second extension of Minor Conditional Use Permit MCUP 07-06 -DOWNTOWN CARLSBAD PCS FACILITY, submitted on April 28, 2022. The Minor Conditional Use Permit, which allows for the continued operation of a wireless communications facility at 1015 Chestnut Avenue, was approved on July 19, 2007, and was due to expire on July 19, 2012. On April 13, 2012, the City Planner approved the first ten-year extension of MCUP 07- 06 from April 9, 2012, to April 8, 2022. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the second extension of Minor Conditional Use Permit MCUP 07-06 -DOWNTOWN CARLSBAD PCS FACILITY was submitted in a timely manner prior to the expiration date, and (2) that the findings required for granting a Minor Conditional Use Permit extension can be made; therefore, the City Planner APPROVES the second extension of Minor Conditional Use Permit MCUP 07-06 -DOWNTOWN CARLSBAD PCS FACILITY for a period of ten {10) years from April 9, 2022, through April 8, 2032, 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 the existing wireless communication facility {WCF) provides a benefit by helping meet the demand for digital communications and data transmissions for businesses, individuals, public agencies, and emergency service systems in this area of the city. The use is consistent with the General Plan in that the Public {P) Land Use designation does not preclude WCF uses. Additionally, the WCF has been found to be consistent with Sections A.1.c and B.1 of City Council Policy No. 64, Wireless Communication Facilities, because it will remain in a preferred location and will continue to provide a stealth design. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov Second Extension of MCUP 07-06 (DEV01019) -DOWNTOWN CARLSBAD PCS FACILITY June 6, 2022 Pa e 2 2. That the requested use is not detrimental to existing uses orto uses specifically permitted in the zone in which the proposed use is to be located in that the existing wireless communications facility (WCF) will remain in the existing location. Additionally, the WCF has been found to be consistent with Sections A.1.c and B.1 of City Council Policy No. 64, Wireless Communication Facilities because it will remain in a preferred location and the antennas will remain as a stealth design and screened behind the existing building fa~ade. Furthermore, the WCF use is not precluded by the project site's ,: •. ~ :9ttic~,JQ)t~Qning and Office (O) General Plan Land Use designation. 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 wireless communications facility (WCF) is located behind the fa~ades of an existing office building. The site is adequate for the existing WCF because it is located within an Office (O) zoned property adjacent to the freeway, which is considered a preferred location pursuant to City Council Policy 64, Section A.l.c (Other non- residential zones, except open space). The project does not propose any modifications to the existing WCF. The antennas and equipment are in compliance with all applicable development standards. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing and unstaffed wireless communications facility does not generate traffic other than during periodic maintenance. Access to the site is provided via Pio Pico Drive, which is adequate to serve the facility. 5. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 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. 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. This Minor Conditional Use Permit Extension is granted for a period of ten (10) years from April 9, 2022, through April 8, 2032. 2. All of the conditions contained in the Principal Planning Planner's decision letter dated April 13, 2012, for MCUP 07-06Xl apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 1 which is superseded by Condition No. 1 of this approval letter. Second Extension of MCUP 07-06 (DEV01019) -DOWNTOWN CARLSBAD PCS FACILITY June 6, 2022 Pa e 3 Code Reminders: 3. 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 $786. 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 Esteban Danna at (442) 339-2629. Sincerely, CLIFF JONES Principal Planner CJ:ED:cf c: Chestnut Plaza Owners Association, 2181 S. El Camino Real, Suite 206, Oceanside, CA 92054 Sprint, 10509 Vista Sorrento Pkwy, San Diego, CA 92101 Don Neu, City Planner Laserfiche/File Copy Data Entry