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Home My WebLink AboutCUP 2019-0032; TRAILBLAZER PARK WCF - 1ST EXTENSION; Admin Decision LetterJanuary 30, 2024 Jill Cleveland PlanCom Inc. 16776 Bernardo Center Dr. #203 San Diego, CA 92128 (cicyof Carlsbad SUBJECT: CUP 2019-0032 (DEV2019-0179} -TRAILBLAZER PARK WCF -FIRST EXTENSION The Planning Division has completed its review of your application for the first extension of Conditional Use Permit CUP 2019-0032, submitted on January 4, 2024. CUP 2019-0032 permitted a temporary Wireless Communications Facility (WCF} consisting of two 55-foot-tall ground mounted faux mono- eucalyptus trees and an equipment enclosure on a graded 5.54-acre site at 3465 Trailblazer Way, in the Open Space (O-S} zone, within Planning Area 12 of the Robertson Ranch Master Plan and in Local Facilities Management Zone 14. The project was approved on June 3, 2020, pursuant to Planning Commission Resolution No. 7370 and was due to expire on June 3, 2023. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Conditional Use Permit CUP 2019-0032 -TRAILBLAZER PARK WCF, was submitted on January 4, 2024 and the City Attorney has concluded that the applicant has vested rights and is entitled to an extension, and (2) that the findings required for granting a Conditional Use Permit can be made; therefore, the City Planner APPROVES the first extension of Conditional Use Permit CUP 2019-0032 - TRAILBLAZER PARK WCF, for one (1) year from June 3, 2023, to June 3, 2024, based on the following findings and conditions. Findings: 1. All the findings contained in the Planning Commission Resolution No. 7370 dated June 3, 2020, for Conditional Use Permit CUP 2019-0032 -TRAILBLAZER PARK WCF, apply to this extension and are incorporated herein by reference and remain in effect. 2. That the first one-year extension of Conditional Use Permit CUP 2019-0032 remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at this time. 3. That circumstances have not substantially changed since Conditional Use Permit CUP 2019-0032 was originally approved. 4. That the one-year extension for CUP for the temporary WCF is appropriate because the Robertson Ranch city park is in the initial planning stages. A CUP for a permanent facility cannot be submitted until the Robertson Ranch Park is completed. Condition No. 12 of Planning Commission Resolution No. 7370 contemplated the allowance for three, one-year time extensions. The WCF project remains consistent with City Council Policy No. 84 and Title 21 of the Carlsbad Municipal Code. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CUP 2019-0032 (DEV2019-0179) -TRAILBLAZER PARK WCF -FIRST EXTENSION January 30, 2024 Pa e 2 5. The City Planner has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15303, New Construction or Conversion of Small Structures. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the city limits, is less than five acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Conditions: 1. 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 fo 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 first extension of Conditional Use Permit CUP 2019- 0032. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of Conditional Use Permit CUP 2019-0032 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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 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. 5. 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 first extension of Conditional Use Permit CUP 2019-0032; (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. CUP 2019-0032 (DEV2019-0179) -TRAILBLAZER PARK WCF -FIRST EXTENSION January 30, 2024 Pa e 3 6. The first of three, one-year extensions of Conditional Use Permit CUP 2019-0032 is retroactively granted for a period of one (1) year from June 3, 2023, to June 3, 2024. 7. All conditions contained in Planning Commission Resolution No. 7370 dated June 3, 2020, apply to this extension, and are incorporated herein by reference and remain in effect, except that Condition No. 12 of Planning Commission Resolution No. 7370 is superseded by Condition No. 6 above. Sincerely, ERIC LARDY City Planner EL:SH:mh c: Curtis Jackson, Real Estate Manager, Community Services Eric Lardy, City Planner Data Entry Laserfiche