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Home My WebLink AboutCUP 08-10; 7412 Cadencia Residence; Conditional Use Permit (CUP) (3).... ~· 0/ •. '\,\ ·.(·. ~·~;-lilY Ul CARLSBAD • APPEAL FORM P-27 • Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Date of Decision you are appealing: _ _.~=-:.-q---"_-_:.\_2 __________________ _ Sublect of the Appeal: BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here. Please see fee schedule for the current fee. 1 ~~=',-~= or: CUI"-o5'Ho t4 l 2 Ce>.~6'Jc)a...Sf:c£.d: ~ t£ltec s1Gtkd s-9 -1--z..., xe-ct±t-~h~ .. Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the appeal. Failure to specify a reason may result In denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans, or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information (attached). Please attach additional sheets or exhibits if necessary. NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: SIGNATURE: DATE: P-27 Page 1 of 1 Rev. 05/12 . .. ' • • 1) To best of our knowledge(per the 4/28/05 Annual Review), a Notice of Restriction was already on file and in place for the original CUP 99-11 (Condition #10). The Notice of Restriction is designed to place future interest or estate holders on notice of the conditions of the CUP which is on file in the Carlsbad Planning Office. Because the Notice is still on record and does not contain a CUP end date, a voiding of the existing CUP would therefore be an extreme penalty which should not be imposed, especially in consideration of the fact that it will result in the termination of a wireless communications site which is part of a nationwide infrastructure and supports the provision of emergency response in this community. 2) Denial of Procedural Due Process -Condition #6, which mandates that if that condition is not met the CUP is null and void, is a denial of procedural due process which requires a due process hearing. Other conditions of the CUP already provide for that, and this alleged violation should be resolved in that manner. • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111~ 11111111111111111111~ 11111111111~ ~IIIII Applicant: T-MOBILE Description Amount CUP08010 620.00 7412 CADENCIA ST CBAD Receipt Number: R0090787 Transaction ID: R0090787 Transaction Date: 08/16/2012 Pay Type Method Description Amount Payment Credit Crd VISA 620.00 Transaction Amount: 620.00 .. City of Carlsbad Faraday Center Faraday Cashiering 001 1222901-2 08/16/2012 98 Thu, Aug 16, 2012 09:17AM Receipt Ref Nbr: R1222901-2/0005 PERMITS -PERMITS Tran Ref Nbr: 122290102 0005 0005 Trans/Rcpt#: R0090787 SET #: CUP08010 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Credit Card lAuth# 018911) Total Received: Have a nice day! 1 @ $620.00 $620.00 $620.00 $620.00 $620.00 $620.00 **************CUSTOMER COPY************* • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1 ~m~1 ~~~ 11111~1 ~ IIIII IIIII I~ 1m 11111111111! 1111 Applicant: T-MOBILE Description Amount CUP08010 295.00 7412 CADENCIA ST CBAD Receipt Number: R0090788 Transaction ID: R0090788 Transaction Date: 08/16/2012 Pay Type Method Description Amount Payment Credit Crd VISA 295.00 Transaction Amount: 295.00 City of Carlsbad Faraday Center .. .... Faraday Cashiering 001 1222901-2 08/16/2012 98 Thu, Aug 16, 2012 09:18AM Receipt Ref Nbr: R1222901-2/0006 PERMITS -PERMITS Tran Ref Nbr: 122290102 0006 0006 Trans/Rcpt#: R0090788 SET #: CUP08010 Amount: Item Subtota 1 : Item Tot a 1 : 1 @ $295.00 $295.00 $295.00 ITEM(S) TOTAL: $295.00 Credit Card (Auth# 045536) $295.00 Total Received: $295.00 Have a nice day! • **************CUSTOMER COPY************* --~ ~-\ 1) D Administrative Permit 0 Administrative Variance D Coastal Development Permit D Conditional Use Permit 0 Condominium Permit \. 0 Environmental Impact Assessment D General Plan Amendment 0 Hillside Development Permit 0 Local Coastal Program Amendment D Master Plan ~ Minor Conditional Use Permit 0 Non-Residential Planned Development 0 Planned Development Permit (FOR DEPARTMENT D D D D D D D D D D D D • ~~LL..Cy Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan +eAtati>.•e PaFeel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified ·<~:,. (FOR DEPARTMENT USE 2) 3) 4) ASSESSOR PARCEL NO(S).: 223-260-10-00 0 -----------------------------------------------------------= PROJECT NAME: 8006369 "Yglesia Residence" 0 BRIEF DESCRIPTION OF PROJECT: MCUP review for existing telecommunications facility located at 7412 r.;::uiAnr.i.:=~ ~trAAt nrpviru 1~111 .:=~tmrn\/Arl in 1 QQQ 1 mrlAr r.1 JPQQ 11 ... .. - 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Oennphyll Holdings LLC T-Mobile USA, Inc. c/o Plancom Inc. MAILING ADDRESS MAILING ADDRESS 7 412 Cadencia Street 302 State Place, Second Floor CITY AND STATE ZIP (: TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 -:fkDJrL4Lf-7S~ Escondido, California 92029 760.587.3003 EMAIL ADDRESS: EMAIL ADDRESS: kerrigan.plancom@sbcglobal.net I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGEd~ (;-4L/ u/, /o7 CORRECT TO THE BEST OF MY KNOWLEDGE. ~ ·_, tJ... · WMi£ f /Z$/o~ SIGNATU~"E DATE INWuRE ln•FN"f ~~ r .. fl'f4I/~ATE 7) BRIEF LEGAL DESCRIPTION Lot 475 of Tract 72-20 La Costa Vale unit No. 3 according to Map 7950. NQTE: A P~OPO$ED PRQ;,JECT REQUI~ING I\IIUL'TIPLE APPLICATIONS BJ:: FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A~ROPOSED P'~OJI:CT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 14 Rev. 03/06 PAGE 1 OF 5 .1 , • • , Carlsbad CA 92009 Q' v, Jl) ~·LOCATION OFJ'I!~ECT: . ·---·---=s=T=R=EE=T:-::A-=:-D-=-:DR=-=E=-=s-=-s----.....-.-..------ ON THE lEa~ I SIDE OF I Cadencia Street (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN lvendado Street AND I La Costa Avenue (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE [_ ·-·-··-·---~ 10) PROPOSED NUMBER OF LOTS ~11) NUMBER OF EXISTING 012) PROPOSED NUMBER EJ RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION EJ14) PROPOSED IND OFFICE/ EJ 15) PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED EJ17) PROPOSED INCREASE [_~~-___] 18) PROPOSED SEWER INonej PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE ~20) EXISTING GENERAL IRLM 121) PROPOSED GENERAL EJ PLAN PLAN DESIGNATION 22) EXISTING ZONING EJ23) PROPOSED ZONING EJ24) HABITAT IMPACTS B IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TOENTR~S~ SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED Form 14 Rev. 03/06 FEE REQUIRED EIVED MAY 0 5 2008 CITY OF CARLSBAD D RECEIVED RECEIVED BY: PAGE 2 OF 5 • • PROJECT DESCRIPTION/EXPLANATION PROJEcT NAME: 0Ld.J)3Lo9 Codeocla Pe=;lde.rx::e, APPLICANT NAME: ---+-\CO......_._....,.Q..._b\ .......... -'-'\e_,:.::_ ___________ _ 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: ~\ cl -a.'\\ e.Us~ra, \e'e.C.Ommun~cn..-\iC() fac.i\l-\-t...\ Q~s1iNj o9 -tn-ree ~\ an-\e.(lf'BS &--0 -\"ruo "E:>\~ e&'O\ne-\s. Project Description 1 0/96 Page 1 of 1 Telecommunications Project Management April 25, 2008 SD06369 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: T-Mobile project Renewal CUP99-Jlxl Cadencia Residence, 7 412 Cadencia Street • Sent Via Hand Delivery Please find attached an application for a renewal of an existing CUP for T -Mobile. The project is located at 7412 Cadencia Street. The property is zoned PC and its existing use is a residence. The project consists of three existing antennas mounted within a faux chiminey. The project also consist of two BTS cabinets located on the ground. Please review the attached drawings and photorealizations that have been provided for your use. If you should have any questions or additional comments, please contact me at (760) 715-8703. PlanCom, Inc. Contractor Representative for T-Mobile 302 STATE PLACE ESCONDIDO, CA 92029 760-715-8703 760-735-4913 FAX J , ' .>" l''j "'\ '"rt, ... ,. ... ,__. • City of ·carlsbad I ij@hlei I .t~l•l§ .JUih .tfjhl DISCLOSURE STATEMENT 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. 1. 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, title, 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 ___________ _ 2. OWNER (Not the owner's agent) 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, title, 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 DE'tJ"-''~ ~lpr4 ... JW~ G\,oz;.s\ICt-1 Title OW,..;>18eS Address 7'-ffZ.. ~I})&.Jctt4 ~~ CAriLS~AO 04. q1.oo i Corp/Part U E).>._, P 14 '{ LL l~oq) 1 t--.JlP.S Title H~~"'',._, <.:. K~t>~ Address 7 4 l"Z.... C14-0 € f-.:lC uA. s. r 1635 Faraday Aven~e • Carlsbad. CA 92008·7314 • (760) 602·4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ I • • ·--.:-~ 3. NON-PROFIT ORGANIZATION M'iRUST 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 $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D 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 the best of my knowledge. ~d-o a})~ Signat~7e0f()Wf;er/date Signature of applicant/date Print or type name of owner Print or type name of applicant Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 • '' City of C~arlsbad · w:n;uuua.M.x§.thih.t§UI HAZARDOUS WASTE AND SUBSTANCES STATEMENT 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 Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ 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. 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code . APPLICANT . PROPERTY OWNER Name: T-Most&..C. , USA tn.c.. / c,~ PLANtAIM Name: i:::?r£t-~...., .:S G-\. r'tlsnC.t'i Address: ~'%--£t.J.<... f(AC.c...t ~ Fteo.,.. Address: 7 t.ft 2.. CtA-Dl~f-JC.tri-S7 t:su.~ , c.A '!ZP<?1 Cr4tUQYW 04 q 2£)c>j Phone Number: 1fto · 581 . 20Q3 Phone Number: I {aO -q 4 ~-l S"~o Address of Site: 7411---Cad~ c;J.t:v ~fr~d. Car(dp~o( • . Local Agency (City and County): C!d~ of Ct/IV"fr/,A.dl s~ Dto/ Co~ J 0. Assessor's book, page, and parcel number: _________________ _ Specify list(s):. _________________________ _ Regulatory Identification Number: ___________________ _ Date of List: _________________________ ~_ ~:. a. Q;JJ, ~ p!iCt Signature/Date ' Pro{eft\/OW/l8f Signature/Date Admm/Counter/HazWaste ' • • ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (TO BE COMPLETED BY THE APPLICANT) CASE Nolll.JO oro, I() DATE:S~~~~~~~------- B$GROUND CASE NAME: StxJla3lA fuderuo.., ~derre I. 2. 3. 4. 5. 6. 7. 8. 9. LEAD AGENCY NAME AND ADDRESS: --.--------=---------------- CONTACT PERSON AND PHONE NUMBER:~~([() 71PfYflf!:J-87(8 PROJECTLOCATION: ~4\2 Coatlei[ stveel /'±:. -\r\\ 1~\ffi "'"\e\es1s. \...A ~333 PROJECT SPONSOR'S NAME AND ADDRESS: \(YDJA Je S)o }S t~Q (6 9/2Jz{ GENERAL PLAN DESIGNATION:------------------------------ ZONING: _____________________________________________ _ OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): ---------------------------- PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Rev. 07/26/02 • • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology/Soils 0Noise D Hazards/Hazardous Materials D Population and Housing D Hydrology/Water Quality D Land Use and Planning D Mineral Resources D Mandatory Findings of Significance 2 D Public Services D Recreation D Transportation/Circulation D Utilities & Service Systems Rev. 07/26/02 • • ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part I", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR ifthere are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 3 Rev. 07/26/02 • • • An E!R must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 4 Rev. 07/26/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) I. AESTHETICS-Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES -(In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY -(Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 5 Potentially Significant Impact D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D Rev. 07/26/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES-Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? 6 Potentially Significant Impact D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D No Impact Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS-Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of Joss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? 111. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 -1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 7 Potentially Significant Impact D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D D Rev. 07/26/02 ,. • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? 8 Potentially Significant Impact D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant No Impact Impact D 0 D D D D D D D D D Rev. 07/26/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off- site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on-or off- site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 1 00-year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result ofthe failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? I) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 9 Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D 0 D D D Less Than Significant No Impact Impact D G(' D 0 D D D D D 0 D D 0 Rev. 07/26/02 .. • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303( d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING-Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES-Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE-Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 10 Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D D D No Impact Rev. 07/26/02 .. • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING-Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project neighborhood and recreational facilities deterioration of the accelerated? increase the use of existing regional parks or other such that substantial physical facility would occur or be 11 Potentially Significant Impact D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D Rev. 07/26/02 • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATIONffRAFFIC-Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tum- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS-Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 12 Potentially Significant Impact D D D D D D D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D D Less Than Significant No Impact Impact D D D D D D D D D D D Rev. 07/26/02 ,.· • Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Potentially Significant Impact D D D D D D • Potentially Significant Unless Mitigation Incorporated D D D D D D Less Than Significant No Impact Impact D D D D D Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identifY the following on attached sheets: a) Earlier analyses used. IdentifY earlier analyses and state where they are available for review. b) Impacts adequately addressed. IdentifY which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 13 Rev. 07/26/02 ' • APPENDIX A I INSTRUCTIONS: I This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision and land use planning approvals and construction permits). The results of the questionnaire determine the level of storm water pollution prevention standards applied to a proposed development or redevelopment project. Many aspects of project site design are dependent upon the storm water pollution protection standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. A staff determination that the development application is subject to more stringent storm water standards, than initially assessed by the applicant, will result in the return of the development application as incomplete. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Engineering Department Development Services staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Construction Activity Storm Water Standards Questionnaire. To address pollutants that may be generated from new development, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design, which are described in Chapter 2 of the City's Storm Water Standards Manual This questionnaire should be used to categorize new development and significant redevelopment projects as priority or non-priority, to determine what level of storm water standards are required or if the project is exempt. I 1. Is your project a significant redevelopment? Definition: Significant redevelopment is defined as the creation, addition or replacement of at least 5, 000 square feet of impervious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; Bnd Ia ncr disturtJinrr gctivms: rfllatect wiffT.: stnJcturat or: im~JGNioos: surmre& RGptm;rfment ef impeTVious. surfaces _. _..: ;;:: ;:;ny acttvitr ttrar ~~ narp"WT=fif'ir mmtrnrmaintenarn:-tra-etiviry'=JV"tifHe=i~iouS"ini!itertat(3J~a&· retrlffved.=' · exposing underlying soil during construction. Note: If the Significant Redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Table 3 of 2.3.3.4 applies only to the addition, and not to the entire development. 2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. 3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. 21 SWMP Rev 6/4/08 l • I SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Home subdivision of 100 units or more. /" Includes SFD, MFD, Condominium and Apartments 2. Residential development of 10 units or more. v Includes SFD, MFD, Condominium and Apartments 3. Commercial and industrial development greater than 100,000 sguare feet including parking areas. Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, v Hotels, Recreational Facilities, Shopping Malls, etc. 4. Heaw Industrial I Industry greater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES) / SIC codes 5013,5014,5541,7532-7534, and 7536-7539 5. Automotive repair shop. v SIC codes 5013, 5014,5541,7532-7534, and 7536-7539 6. A New Restaurant where the land area of development is 5, 000 sguare feet or more including parking areas. v SIC code 5812 7. Hillside development (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any ..,. natural slope that is 25% or greater 8. Environmentally Sensitive Area (ESA!. Impervious surface of 2,500 square feet or more located within, "directly adjacent"2 to (within 200 feet), or "discharging directly to"3 receiving water within the ESA 1 v 9. Parking Jot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban \llll runoff 10. Retail Gasoline Outlets-serving more than 100 vehicles per da'f. Serving more than 100 vehicles per day and greater than 5,000 square feet ~ 11. Streets, roads, driveways, highwa'f.S, and freeways. Project would create a new paved surface that is 5,000 square feet or greater. ~ 12. Coastal Development Zone. Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impermeable V* surface or (2) increases im_Q_ermeable surface on property by more than 10%. 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego: and anv other eauivalent environmentallv sensitive areas which have been identified·bv the Cooermittees. 2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 it" .Jill' ... ,. .,-. .,.. ,.. .. ,. ~ .?. l . ' I SECTION 2 SIGNIFICANT REDEVELOPMENT: YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects ~~· are defined in Section 1) If you answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2. Is the project solely limited to one of the following: ..filii' a. Trenching and resurfacing associated with utility work? --b. Resurfacinq and reconfiquring existing surface parking lots? .,. -c. New sidewalk construction, pedestrian ramps, or bike lane on public _,. and/or private existing roads? d. Rej)lacement of existing damaqed pavement? \.d!!'. If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 ~ feet of the Pacific Ocean and (1)create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. I SECTION 3 Questionnaire Results: 0 MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPLY VVITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PlAN FOR SUBMITTAL AT TIME OF APPliCATION. tVI r r-t<OJECT DOES NOT MEET.PRIORITY-REQUIREMENTir AND. MUSrONLY.COMPLY 1 WITH STANDARD STORM WATER REQUIREMENTS. I Applicant Information and Signature Box This Box for City Use Orly City Concurrence: I YES I NO I I By: Date Project ID SWMP Rev 6/4/08 • T Photo Study 4/25/2008 PHOTO STUDY & KEY MAP PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD06369 Cadencia Residence 7412 Cadenica Street Carlsbad, CA Prepared for: City of Carlsbad Department of Planning 1635 Faraday Avenue Carlsbad, CA 92008 Prepared by: PlanCom, Inc. Contractor Representatives for T-Mobile 302 State Place Escondido, CA 92029 Contact: Krystal Patterson, Planning Consultant (760) 715-8703 April 25, 2008 Page 1 J SD06369 Cadencia Street Residence 7412 Cadencia Street Carlsbad, CA 92009 ~··Mobile· ,E,;Us·r liJ !J Existing T-Mobile antennas mounted within faux chimney Existing equipment cabinets 5006369 Cadencia Street Residence 7412 Cadencia Street Carlsbad, CA 92009 r.F · ·Mobile· ---- e ~ · ·Mobile· · · RECEIVED Dr:r o 'J 2"!"17 t:~ ,,, ' ~J ~·t,J CITY OF CARLSBAD PLANNING DEPT PROJECT DESCRIPTION 8t JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY 5006369 "Yglesia Residence" 7412 Cadencia Street Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PlanCom, Inc. Contractor Representatives for T-Mobile USA 302 State Place Escondido, CA 92029 (760) 587-3003 Contact: Kerrigan Diehl, Planning Consultant Project Description (5006369) 11/6/2007 November 6, 2007 Page 1 ... e tF · ·Mobile· · · PROJECT DESCRIPTION/HEIGHT JUSTIFICATION T-Mobile USA (TMO) is submitting a Minor Conditional Use Permit in order to allow the continued operation of an existing wireless PCS facility at 7412 Cadencia Street. The existing facility currently consists of three (3) antennas concealed within an existing faux chimney. The supporting equipment necessary to operate the facility consists of 2 outdoor BTS cabinets that are affixed to the wall along the northern exterior elevation of the residence. The site is located in the PC zone and the original project was reviewed and approved under CUP 99-01. T-Mobile will not be making any alterations, improvements or upgrades to the original CUP 99-01, and is respectfully requesting that staff review and approve the renewal of this existing facility under the new MCUP process. PROJECT JUSTIFICATION/WIRELESS SERVICES PROVIDED AT&T is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the California Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. TMO engineers responsible for the overall design and operation of the PCS network want to ensure that network coverage is available throughout San Diego County. The site's current location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is good network coverage to the roadways and homes located in this portion of the City of Carlsbad, however the elimination of this site would cause a dramatic decrease in call quality and coverage. This facility was and is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to TMO customers. As a result of Cingular Wireless' nationwide purchase of AT&T Wireless Services, Cingular was required to sell all of its interest in Pacific Bell Wireless to T-Mobile USA effective January 5, 2005. Cingular Wireless sites permitted prior to January 5, 2005 are now under the sole control ofT-Mobile USA, a wholly owned subsidiary of Deutsche Telekom. This site allows the applicant to provide important coverage to the dense residential areas in and around La Costa Resort. T-Mobile USA is currently providing customers with wireless voice, data, video and local area network (LAN) applications with this facility. Project Description (5006369) 11/6/2007 Page 2 e tF · ·Mobile· · · SITE CHARACTERISTICS The underlying zoning of the existing site is PC-. The current on-site use is a Single Family Residence. The proposed use is an unmanned wireless communication facility, with no proposed changes to the Zone or Use. The surrounding land uses are as follows: North: South: East: West: Residential Residential Residential Residential COUNCIL POLICY 64 SECTION A. LOCATIONAL GUIDELINES 1. Preferred Locations--The proposed project site is zoned PC-Planned Community which is not classified as a preferred location however in this case, because the site is existing and T-Mobile is not proposing to change the project in any way we felt in this case the area would be best served by maintaining the existing design and location. 2. Discouraged Locations-J./'Jhile the property is a residence within the PC zone, it is an existing site that will not contribute to any additional impacts in the area. Due to the terrain and the area's dense residential nature, other residential locations were dismissed in favor of maintaining the existing low impact site at 7412 Cadencia Street. 3. Visibility to the Public-The design chosen for the site is an example of a minimalist design painted and textured to camouflage the antennas outward appearance and better blend with the residence's existing architectural appearance. 4. Collocation -Not Applicable 5. Monopoles-Not Applicable. B. DESIGN GUIDELINES 1. Stealth Design-the antennas are completely screened from any and all view sheds within a stealth designed faux chimney to match the residence's architectural elements. Project Description (5006369) 11/6/2007 Page 3 e ~··Mobile··· 2. Equipment-the outdoor BTS equipment cabinets are located along the Northern exterior elevation of the residence and are painted to match the existing stucco. 3. Collocation-Not applicable. 4. Height-The faux chimney is 27'-8" and is not higher than the existing chimneys. 5. Setbacks-the PC (planned community) zone setback requirements are the following: • Front: 20 feet • Side: 10 feet • Exterior side: 20 feet • Rear: 10' 6. Building or Structure Mounted WCFs-This project is an existing project and was designed and previously approved to blend with the building's architectural features. 7. Ground mounted monopoles-not applicable. B. Lattice Towers-not applicable. 9. Under Grounding--fJII proposed utilities are existing and no changes are proposed at this time. POLICY 64 C. PERFORMANCE GUIDELINES 1. NOISE/"ACOUSTICAL INFORMATION The current T-Mobile facility is in full compliance with any and all applicable City of Carlsbad noise standards. 2. OPERATION 8t MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, an TMO technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, BAM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A TMO technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, TMO typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. Project Description (5006369) 11/6/2007 Page 4 ... e ~ · ·Mobile· · · 3. MAINTENANCE HOURS Maintenance hours per Policy 64 will be followed. The site is not within 100 feet of residential property and would not subject to the restricted hours for maintenance. 4. LIGHTING No additional lighting is proposed for the site. 5. COMPLIANCE WITH FCC RF EXPOSURE GUIDELINES All T-Mobile sites are designed to comply with FCC RF exposure guidelines. ADDmONAL INFORMATION REGARDING THE APPLICATION HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most TMO facilities. The batteries are often referred to as "gel cell" type batteries. Specifications for the batteries are provided as an attachment to this application. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum toT-Mobile USA for the provision of PCS. The proposed communications facility will transmit at a frequency range of 1950 MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the TMO facility is a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non-ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (5006369) 11/6/2007 Page 5 .. f • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111111111111111111111111111 ~~ Applicant: T-MOBILE USA, INC C/0 PLANCOM INC Description Amount CUP08010 4,350.00 7412 CADENCIA ST CBAD Receipt Number: R0069849 Transaction ID: R0069849 Transaction Date: 05/05/2008 Pay Type Method Description Amount Payment Check 4,350.00 Transaction Amount: 4,350.00 City lsbad Faraday c~n er Farct av Cashienng 001 0812601-1 05/05/ OUB 7b Man May05,2008 10:49 AM PERMITS PERMITS $4, 0 00 Tran Nbr. 081260101 00 0 0054 Trans/Rc~t#: R006984 SET #: L:UPC8010 ITEM(S): TOTAL ~0.0 Chec· (Chk" 00000114 8 To a l Rece:lVeJ: Have a n1 ce day! • ' . City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lll~~lil ~ l~m ~ IIIII~ mlllllllll~ II~ Applicant: T-MOBILE USA, INC C/0 PLANCOM INC Description Amount CUP08010 98.40 7412 CADENCIA ST CBAD Receipt Number: R0070017 Transaction ID: R0070017 Transaction Date: 05/15/2008 Pay Type Method Description Amount Payment Check 98.40 Transaction Amount: 98.40 ... tfl~~ ....... c; ty of c~··~.§cr ' Faraday Center Faraday Cashiering 001 0813601-2 05/15/2008 75 Thu May15,2008 11:51 AM PERMITS -PERMITS $98.40 Tran Nbr: 081360102 0026 0046 Trans/Rcpt#: R0070017 SET #: CUPOBO 10 ITEM(S): TOTAL: $98.40 Check (Chk# 0000014943) $98.40 Total Received: $98.40 Have a nice day! **************CUSTOMER COPY************* PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: October 26th, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This th day October, 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising l"l.. •• •NII\'1? COMMISSION P~EIL'C HEARI'I!Ci T NOTICE IS HEREBY GIVEN to you. bf'cau~;e your interest may be affl!ct!!d. that the P;anning Corn:nis~ion of tl1e City of Carlsbad will hold a public hearirlQ at the C< uncil Chambers, 1200 Carlsbad Vil- lage Drive, Carlsbad, Calilorma, at 6;00 p.m. on Wednesday. November 7, 2012. to consider the followinq; 1) ll._Q!' 05-04x2 : DKN HOTEl, -A requ<:>ct for a two ygar mtrmlCtivg QXIQnsion of Srte Development Plan 05-.J4x1 for thG damolrtron of an gxrst>ng hotGI, res- taurant, and singla family msidance and for the construction of a 3-story, 1 04-room hotgl projgct on propPrty located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Lanct Use·District 9 of the Carlsbad Village Area Master Plan, in the Village Review and Mello II Segments of the Local Coastal Program and in Local Fa- cilities Management Zone 1 . -The City Planner has determined that the potential environmental effects of the project were adequately analyzed by the previously adopted Negative Decla- ration for SDP 05-04/ RP 05-031 CDP 05-14. 2) SOP 02-16(A): COASTLINE COMMUNITY CHURCH· A request to allow existing temporary modular classroom buildings to remain onsite for an addi- tional two year period from October 3, 2012 through October 3, 2014 on the 6.43 acre Coastline Community Church campus generally located south of Calle Barcelona and east of Paseo Aliso in Local Facilities Management Zone 12. The project is exempt from the California Environmental Quality Act. l ~ ,-,',_; !' ,'' . . ,.:'V:~4' . ,'r•\ 'r~sr; ~~ 3) CUP 10-12!Al: NEW JEWISH COMMUNITY COMPLEX BASEMENT- Request for a Conditional Use Permit Amendment to allow the addition of a full 4,412 ,square foot basement to a previously approved 3,023 square foot mod- ular orthodox Jewish synagogue structure and associated 483 square foot modular restroom structure for the Chabad at La Costa on property located at 1980 La Costa Avenue in the Local Commercial (CL) Zone, in Local Facilities Management Zone 6. The project is exempt from the California Environmental Quality Act. 4) CUP 08-10:7412 CADENCIA RESIDENCE· App'eal of a City Planner de- termination that Conditional Use Permit (CUP) 08-10 is null and void. The CUP was previously approved for the continued operation of a Wireless Communi- cations Facility (WCF) located at 7412 Cadencia Street. 5) SOP 90-0S!Gl/ CUP 12-08/ COP 12-14: PALOMAR PLACE RETAIL CEN- TER -Request for approval of a Site Development Plan Amendment and a recommendation of approval for a Conditional Use Permit and Coastal Devel- opment Permit to allow for a 2,816 square foot expansion to an existing 5,263 square foot commercial building formerly qccupied by Pat & Oscar's and the construction of a 7,621 square foot freestanding commercial building on a 1 . 75- acre parcel located on the southwest corner of Palomar Airport Road and Ar- mada Drive, within the Mello II Segment of the Local Coastal Program and 1 Local Facilities Management Zone 5. ) The project is exempt 'from the California Environmental Quality Act. This project is not located within the appealable area of the California Coastal Commission. . \ \'\/5'~'% { ~,-\\l ll I ~--::Ap:._-c-.. ~··~~_:;:::>-- 1P---,::J -~-;:\///::-~/-~~/ \ ~t~ //?,~~ \ ;:W:., / /\',/, 11 0\\ \ If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 · pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.comNiewPublisher.php?view_id=6 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. PUBLISH: October 26, 2012 net 2324431 CITY OF CARLSBAD PLANNING DIVISION !l J \ • • FILE COPY /'0· .;;J. !.9 • I OJ (~~CITY OF • CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 7, 2012, to consider a request for the following: CASE NAME: CUP 08-10-7412 Cadencia Residence PUBLISH DATE: October 26, 2012 DESCRIPTION: Appeal of a City Planner determination that Conditional Use Permit (CUP) 08-10 is null and void. The CUP was previously approved for the continued operation of a Wireless Communications Facility (WCF) located at 7412 Cadencia Street. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at {760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION ··~ Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • NOTICE OF EXEMPTION To: SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego CA 921 0 1 Subject: tp 0 ~ -r<rgr David l.Ju lot.lt \l61-.;!Ql'l t1\H1fY hk JUL 2 2 2009 • n L. Kes\a 8'--...:;;..""""":'o::;::En.Punrvv • Planning Depar 1635 Faraday Carlsbad CA 9 Project Number and Title: CUP 08-10 -7412-Cadencia Residence Project Location -Specific: 4901 El Camino Real Carlsbad Project Location -City:_C=a=r=ls=b=ad=-----Project Location -County: San Diego Description of Project: Request for approval of a Conditional Use Permit to allow the continued operation for an existing Wireless Communications Facility consisting of two wall-mounted equipment cabinets and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street in Local Facilities Management Zone 6. Name of Public Agency Approving Project:_C=itJ_y..oeo-"-f-"'C'-"'a!-!rl-"-'sb"""a""'d'---------------- Name of Person or Agency Carrying Out Project: City of Carlsbad Planning Department Name of Applicant:_....:.T-'-M=o=b=ile=.1...::I=n=c·'----------------------- Applicant's Address: 10180 Telesis Court #333 San Diego, CA 92121 Applicant's Telephone Number: 760-715-8703 Attn: Krystal Patterson Exempt Status: (Check One) D Ministerial (Section 21 080(b )( 1 ); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); [8:] Categorical Exemption -State type and section number: Section 1530 I -Existing Facilities D Statutory Exemptions -State code number:-"N-'-'1-'--A~--------------- Reasons why project is exempt: Project is for an existing facility with no revisions or additions ro osed. Lead Agency Contact Person: Shelley Esteybar Telephone: (760) 602-4625 7-ib-09 FILED IN THE: OFFICE OF THE COUNTY CLERI< Date DON NEU, Planning Director 2 San Diego County on JUJ 2 ZOU · d ~ fil" 0 Posted JUL 2 2 20GJ Removed AUG ~ 4 LuL J Date rece1ve tOr 1 mg at PR: -- - Returned to age~cy o AUG 2 4 2 · Oeputy _ L. Revised November 2005 '" 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT , .... .J• Ell Sbte oi C•lifoml•-The Re""'''" Ag. v DEPARTMENT OF FISH AND GAME '- SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY #'}.425<6& :; :>~ ~. LEAD AGENCY ~">v CITY OF CARLSBAD ::: COUNTY/STATEAGENCY OF FILING \r:: JUL l 'fj SAN DIEGO ~-.__,.. ' ·n·ntmcnt PROJECT TITLE ' •·. '1'1 • RECEIPT# SD2009 000700 STATE CLEARING HOUSE#(IIapplicableJ ~\ ~~ DATE 07-22-2009 ]) DOCUMENT NUMBER --- CADENCIA RESIDENCE CUP 08-10--7412 ~ ~ ~-~~ _><:,.~ PROJECT APPLICANT NAME ~ PHONE NUMBER T-MOBILE INC l.-760-715-8703 PROJECT APPLICANT ADDRESS 10180 TELESIS COURT #333 PROJECT APPLICANT (Check appropnate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration I CITY SAN DIEGO 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 0 County Administrative Fee 0 Project that is exempt from fees [2J Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other-------------------- PAYMENT METHOD: 0 Cash 0 Credit 0 Check 0 Other 1472873 SIGNATURE L. Kesian I STATE ZIP CODE CA 92121 0 State Agency [2J Private Entity $2,768.25 $ $1 ,993.00 $ $850.00 $ $941 .25 $ $50.00 $ $50.00 $ ______ _ TOTALRECEIVED $ _____ $_5_0_.0_0 111111111111111111111111111111 ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY -COUNTY CLERK FG 753.5a (Rev. 7/08) PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you. because your Interest may be affected, that the PlanningCommlssion of the City of Carlsbad will hold a public hearing at the Council Chambers. 1200 Carlsbad Village Drive. Carlsbad. Cali- fornia, at 6:00 p.m. on Wednesday, July 15, 2009, to consider the following: 1) CUP !!0-36x1 -AT&T 7512 CAD~ -Request for a recommendation of approval for a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow the continued operation of an existing Wireless Communications Facility consisting of a 240 square foot radio base station (RBS) within a 400 square foot garage and a total of six 16) panel antennas within two expanded chimney structures and one faux chimney on residential property located at 7512 Cadencla Street in Local Facilities Management Zone 6. The ~eject Is exempt from the California Environmental Quality Act. niCBillllnS H!CIUIV consisting of \Wo wall-mounted eQUip- and three panel antennas hOused within a faux chimney on the roof of an exisling single family residence located at 7 412 Cadencia Street in Local Fa- cilities Management Zone 6. Til• project I• exempt from the California Environmental Quality Act. 3) GPA 06-04/!._(;!'A.OO:!!mC 06-03/CT 06-13/SUP 06-08/ HDP 07-03/CDP 06-19-TABATA 10-Re-quest lor a recommendation of adoption of a Mitigated ! Negative Declaration and Mitigation Montlorlng and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request lor ap- proval of a Tentatl\le.Tract Map, Special Use.P~rmlt, Hill, side Development Permit and Coastal Development Per- mit for the subdivision, grading and uW/ty development of a 10.16 acre site Into twenty six 126) single-family residential lots and one 11) open space, lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The Planning Director has determined that the project will not result In potentially significant Impacts and has issued a Notice of Intent to adopt a Mitigated Negative Declaration. This project Is not located wi\tlln the appealable area of the California Coastal Commission. 4) ZCA 06-02/LCPA 06-04 -ADULT BUSINESSES ORDINANCE-Staff requests that the Planning Commis- sion recommend to City Council approval of a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (0 Qualified Development Overlay Zone); 2) amending Chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in Chapters 21.30 IC-M Heavy Commercial-limited In- dustrial Zone), 21.32 1M Industrial Zone. and 21.34 !I'- M Planned Industrial Zone); 3) repealing and reenacting Chapter 21.431Adult Entertainment) to amend the defi-nitions and location requirements for adult businesses; and 4) amending Chapter 21.44 lf'arking) by re~sing the joint use parking provisions. The project is exempt from the California Environmental Quality Act. II you challenge these projects in court. you may be lim- ited to raising only those Issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the en'lirorunenta\ documents are available at the Planning Department at 1635 Faraday Avenue during regular business hOurs from 7:30am to 5:30pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these propos- als are cordially Invited to attend the public hearing. Copies of the staff reports will be available online al http://www.carlsbadca.gov/pdfdoc.html?pid=295 on or after the Friday prtor to the hearing date. If you have any questions. please call the Planning Depart- ment at (760) 602-4600. PUBLISH: July 3, 2009 CITY OF CARLSBAD PLANNING DEPARTMENT . ' • PROOF OF PUBLICATION (2010 8t 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 03rd 1 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California On ~is 06th day of Jul (/./ . ,.. _/ I ~ Jane Allshou e NORTH COUNlY TIMES Legal Advertising •, • This space is for the County Clerk's Filing Stamp e City • FlL1E CO~'i • 1-l·a:/ of Carlsbad 1Qfh""'"·'•*4·1Uill·'4·'' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Wednesday, July 15, 2009, to consider a request for the following: CASE NAME: CUP 08-1 0 - 7 412 Cadencia Residence PUBLISH DATE: July 3, 2009 DESCRIPTION: Request for approval of a Conditional Use Permit to allow the continued operation of an existing Wireless Communications Facility consisting of two wall-mounted equipment cabinets and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street in Local Facilities Management Zone 6. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shelley Esteybar in the Planning Department at (760) 602-4625, Monday through Thursday 7:30a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) ------------------------------- • ATTACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on 8lze \cB PRoJEcT NAME: Sb(1r2ic;f} Cad.eouo. WtlonCQ PROJECT NUMBER: C.\JQ 08r\Q LOCATION: -------------- RETURN TO: (Planner) CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008-7314 I • City FILE COPY • Carlsbad of IQIUhhhl·i•i§.lhlll·'4hl EARLY PUBLIC NOTICE PROJECT NAME: Yglesia Residence PROJECT NUMBER: CUP 08-10 This early public notice is to let you know that a development application for a Conditional Use Permit project within your neighborhood has been submitted to the City of Carlsbad on May 5, 2008. The project application is undergoing its initial review by the City. LOCATION: 7412 Cadencia Street Carlsbad, CA 92009, more specifically, north of La Costa Avenue, east of El Camino Real, west of Rancho Santa Fe Road and southwest of Venado Street. PROJECT DESCRIPTION: A proposal for an existing stealth cell site located on a single family home to remain at its current location. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shelley Esteybar, Assistant Planner at seste@ci.carlsbad.ca.us, (760) 602-4625, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. I 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} DEL REY R;: ;77~ p..,.. S.S.57 SZ. &3 · 7s: ?? r-z. tit l..A CITY OF CARLSBAD sr ·-~ '\ \· POR-379 · . lJ. 42g €; ©['.. C\J • 0 I.Ot AC . 437 --® o.ez >~c. O.s? A C.. /. -80. 8 131. 469 438 ® 0·95 Ac. 129. 471 ® 0· 70 AC. 468 @) o.eo 4 c 439 @ 0·90 AC IM. 134. 440 473 0 135. Q..O @ < 0·90 AC. Sp"lcE' z f7'7 E's,., 7: z 50 l> 154. t7 .. 0 "' 467 .; " 0 ' 474 50 @ 0.7!'> AC. 1- (/) l.l8AC. 155. 466 N 141. ' ® 0.85 AC. 142. 158. 476 <( 485 :::> """' 0 0 8 464 ~ 0,76 AC o.es Ac. /57. o.e;o AC. a. -182. o- 159. 1-14. /58. 486 ~ 1.07 AC. 477 0 0.96 AC. 161. 462 ® o.ee AC. /80. 149. 81.-126. 478 /48. 150. 0 0.89 AC. 460 @ 0-83 AC 479 ® 459 0 1.01 AC· o.ae AC. 480 0 o.ea AC. 600 FT. RADIUS MAP GC MAPPING SERVICE 711 MISSION STREET, SUITED SOUTH PASADENA, CA. 91030 (626) 441-1080 LEGEND /63. I OWNERSHIP NO. OWNERSHIP HOOK 380 @ 1.27 AC. 428 @ l,/9 AC. zc.s.-se 127: 39!:> @ 148. I.Oe AC. Opt tv s,o."'~c I; ® 427 zz~.7B 401 @ 1.93 AC. G)426 2.04 .e:r ® 425 /-<.• 407 @ 11.17 ~~=-.zz 408 @ 417 @ .. ~ 416 '~ 458 @ 1.04 AC. 457 @ 0.96 AC. N CASE NO. DATE: 10-12-07 SCALE: 1" = 100' OWNERSHIP MAP I 4 0.: • • city of Carlsbad Engineering Development Services April13, 2009 To: Shelley Esteybar, Planning Technician From: David Rick, Associate Engineer SUBJECT: CUP 08-10 CADENCIA (YGLESIA) RESIDENCE The Engineering Department has completed its review of the project. The Engineering Department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE:Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. General 1. 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. H:\Development Services\PROJECTSICUP FILESICUP 08\CUP 08-10 Yglesia Residence-Rick\Cond Approvai\CUP 08-10 Conditions-of-Approval .doc Page 1 of 1 ~~(~5!28i2008)~G_r~-go-ry_~yan-C~':_0_~-1 0 SD063§_9 Yglesia Residence. doc I<_J , • .. ---------------•------·· ·--·------·---·--.-------- 08'1 CARLSBAD FIRE DEPARTMENT =-~ Fire Protection Services PLAN REVIEW REPORT PROJECT NAME: T-Mobile USA SD06369-Yglesia Residence Date: 05/26/08 Project Number: Planning: CUP 08--10 Engineering: Staff Planner: S. Esteybar Engineer: Initial review: (Note: This commentary identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) Fire department has reviewed this application and has no comments or conditions for approval. GR ' ~ ---------------·· - Page 1 • Memorandum TO: Shelley Esteybar, Project Planner FROM: David Rick, Project Engineer DATE: May 9, 2008 CUP 08-10 SD06369 YGLESIA RESIDENCE INCOMPLETENESS & ISSUES REVIEW • Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are currently incomplete and unsuitable for further review due to the following incomplete items: 1. Submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. The following issues need to be resolved prior to resubmittal: 1. No issues have been identified at this time. If you or the applicant has any questions, please either see or contact me at extension 2781. Assistant Engineer Development Services Division C: Senior Engineer-Development Services Division January 31, 2013 Don Neu City Planner • 1635 Faraday Avenue carlsbad, CA 92008 • )epratti RE: Withdrawal of Appeal of Expiration of CUP08-10. Dear Mr. Neu: On behalf ofT-Mobile, DePratti Inc. submitted CUP 13-01 on January 31, 2013 requesting approval of the continued operation of an existing Wireless Communications Facility located at 7412 cadencia Street. It is T-Mobile's understanding that CUP 13-01 replaces CUP 08-10 which was determined to be expired on August 9, 2012. Given this, please accept this withdrawal of the appeal of the expiration of CUP08-10. Thank you for your consideration. Please call me at 619-726-8110 with any questions. Sincerely, Debra DePratti Gardner President Agent forT-Mobile 13948 Calle Bueno Ganar, Jamul CA 91935 619.726.8110 phone 619.669.0985 fax ddgardner@cox.net -· -NOV. 2. 2012 2:25PM .IVAN_ HILL /!) t771 ~'kucJvu-~~~ · SullivanHilr Sullivan Hill Lewin Re!z & !11.-ef f\ Prl)fllf.:·lllnBII aw Cotr»rllt1111'l FAX COVER SHEET TO: Chris DeCerbo Acting Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROM: Sandra J. Brower TELECOPIER NO: (760) 602-8559 RE: CUP 8·10--7412 Cadencia MESSAGE: Letter dated November 2, 2012 NO. 1940 P. 1 551) Wto.sl C Slrt'el 15th Floor. !Jan Dlt'go, CA 9'~ 101 u taq.na 11ioo 11 !'i19231.<1.m IUIIIVanhiiLcom SANORA J. BROWER BRCWER@SULLNANHILL.COM 619.595.3260 PHONE NO; (760) 602-4600 0 Urgent CJ For Your Review D For Your lnfonnatlon 1'81 Reply Requested 0 Original Will Follow Total number of pages, including this cover. sheet: 2. If any part of this transmittal is not clear or is incomplete, please call Office Services at (619) 595-3275. This communication contains confidential Information and may be protected by the attorn•y-clltnt privilege. Do not dlstrlbut• •xcept on a need-to-know ba&is. If you receive this communication in error, please immediately notify us by · telephone and return the original by mail. Date Sent: November 2, 2012 Time Stnt 2:20 PM Sent By: Melissa A. Turpin our Client/Matter No.: 3154.15962 Our Client/Matter Name; Global/CUP ... NOV. 2. 2012 2:25PM -LLIVAN HILL e I NO. 1940 P. 2 1'1'·1 !>'...0';,\.,~0: !il"'·" I'Yni:.y • Sullivan Hilr~ . r:~c.'.,\•,~::·, it,!: r~;co 7..J.. • ,•,::.'..) ~ (,!~::~,.,,'.:,, ·' November 2. 2012 VIA ELECTRONIC MAIL Chris OeCerbo Acting Pianning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Planning Commission Hearing -November 7, 2012 CUP 8·10-7412 Cadencia Dear Mr. OeCerbo: This letter will confirm our telephone conference on November 1, 2012 ln. regard to the appeal hearing before the Planning Commi$sion on November 7, 2012 regarding CUP 6-1D-7412 Cadencia Residence. wherein both the applicant and the property owner . have agreed to jointly request a 90-day continuance of the subject hearing. In our telephone conference, both I, on behalf of the applicant, and Robert Kolodny, em behalf of the property owner. advised you that we lilre currently discussing a resolution In this matter that Will entail the applicant applying for a new CUP relocating wireless communic•tion equipment elsewhere on the property that is agreeable to both. It is anticipated to take approximately 90 days to investigate. design and adequately review all of the regulations for suctt a relocation. Consequently, it is jointly requested that the November 7, 2012 hearing be continued to a convenient date to the Planning Commission in !=ebruary 2013. Thank you for your cooperation. Very truly yours, SULLIVAN, HILL, LEWIN, REZ & ENGEL A f;>rofesslonal Law Corporation KOLODNY & PRESSMAN LLP ... -~r ,_,.A ··Y ,, .... # ... • ~., By. ,.,.,. ..... lol / ,, . ;~-... ·-~-r;: ... ,. ' :eS .,. •• ,....... ~ ··sandra J. Bp:aWet, Attomey for Applicant T -Mobile)'Giobal Tower Partners SJ8/mat / cc Tom and Tanya Codd Kirk Babcock Debra OePratti '~ .I~~ • 'l, ·m ........ J~A,. CITY OF VcARLSBAD • Planning Division October 16, 2012 T-Mobile c/o Kirt Babcock 10509 Vista Sorrento Pkwy, Suite 206 San Diego CA 92121 SUBJECT: CUP 08-10-CADENCIA RESIDENCE • 'Mcu:Cz& \ 0 I i \R I 11---- riLt COt/~: www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, October 24, 2012, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on October 29, 2012. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Chris Garcia at (760) 602- 4622. S[ly~ DON NEU, AICP City Planner DN:CG:bd c: File Copy David Rick, Project Engineer Donise Foos, Asset Manager, Global Tower Partners, 750 Park of Commerce Blvd Suite 300, Boca Raton, FL 33487 Debra DePratti Gardner, 13948 Calle Bueno Ganar, Jamul CA 91935 Thomas and Tanya Codd, 7412 Cadencia Street, Carlsbad CA 92009 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Global Tower Partners Donise E. Foos Asset Manager 750 Park of Commerce Boulevard Suite 300 Boca Raton, FL 33487-3612 0: 561.886.3945 F: 561.982.7450 dfoos@gtpsites.com -"" ' ~'"' ,~':if_ , . , , · www gtps1tes.com >I ··,~1,1 ~ September 21, 2012 Chris Garcia, Junior Planner City of Carlsbad 1635 Faraday A venue Carlsbad, CA 92008 f• Re: Notice of Restriction-CUP 8-10-Cadencia Residence Dear Mr. Garcia: Enclosed please find the signed and notarized Notice of Restriction. I have also enclosed a copy of the Wireless Communication Easement and Assignment Agreement which was recorded June 10, 2008 in the Official Records, San Diego County Recorder's Office as Document #2008-0312445. Please note that pursuant to paragraph 5 of the agreement, the site owner has appointed GLP Cell Site IV, LLC as its true and lawful attorney-in-fact, with full power of substitution and resubstitution to apply for and obtain any and all licenses, permits, consents or approvals which may be required. Please feel free to contact me if you have any questions or if you need additional information. vf!J truly xour~ ~~~·~J Donise E. Foos Asset Manager En c. . ' • LJ FILE Planning Division www.carlsbadca.gov August27,2012 Global Tower Partners Attn: Denise E. Foos, Asset Manager 750 Park of Commerce Boulevard, Suite 300 Boca Raton, Florida 33487 SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-7412 CADENCIA RESIDENCE Denise E. Foos: Please find the enclosed Notice of Restriction as requested. This notice was to be signed, notarized, and returned for recordation in order to fulfill a condition of approval of CUP 08-10- 7 412 Cadencia Residence. Unfortunately, after many attempts, the notice was never recorded and CUP 08-10 has been deemed null and void. The Planning Division will not accept a signed Notice of Restriction as this time for CUP 08-10, as the permit is currently invalid. For reference, the following items are required prior to returning any Notice of Restriction to the Planning Division: ./ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. Sincerely, ~~ CHRIS GARCIA Junior Planner c: File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® !iiA I t-ell 0 jlD} I~ .Ai~.A_ CITY OF VcARLSBAD Planning Division August 9, 2012 T-Mobile c/o Kirt Babcock • 10509 Vista Sorrento Parkway, Suite 206 San Diego, CA 92121 • ' SUBJECT: EXPIRATION OF CUP 08-10-7412 CADENCIA RESIDENCE Mr. Babcock: L1 FILE www.carlsbadca.gov T-Mobile applied for a Conditional Use Permit {CUP 08-10) May 5, 2008 for the operation of a Wireless Communications Facility (WCF) located at 7412 Cadencia Street, Carlsbad, CA 92009. The WCF was originally approved as CUP 99-11 on April 5, 2000 and expired on April 4, 2005. The WCF continued to operate without an approved CUP until CUP 08-10 was approved on July 15, 2009. Annual reviews were conducted for CUP 08-10-7412 Cadencia Residence as required by Condition No. 9 of Planning Commission Resolution No. 6599. During an annual review, it was noted that at least two equipment boxes have been added to the site. These features were not part of the original approval, as shown on the approved site plan, and are therefore in violation of the Conditional Use Permit. In addition, it appears that a Notice of Restriction was never been recorded as required by Condition 6 of Planning Commission Resolution No. 6599 which reads: "The developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6599 on the property. 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 Planning Director 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 Developer or successor in interest. If a Notice of Restriction is not recorded by October 15, 2009, this approval shall become null and void." A letter dated May, 11, 2012 was mailed requesting proof that the Notice of Restriction was filed. A follow up letter dated June 18, 2012 stated that if a recorded copy of the notice is not executed and returned to the City Planner by July 19, 2012, the permit may be found to be null and void pursuant to Condition 6. Furthermore, letters requesting the proper execution of a Notice of Restriction were sent to the applicant and/or the applicant's representative on June 15, 2010, September 22, 2010, May 9, 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • CUP 08-10-7412 CADENCIA RESIDENCE August 9, 2012 Page 2 2011 and June 19, 2012. To date, proof that a Notice of Restriction has been recorded has not been received by the City. Since Condition 6 of Planning Commission Resolution No. 6599 has not been satisfied, the Conditional Use Permit, CUP 08-10, is determined to be null and void as of August 9, 2012. In order to continue operation of the Wireless Communications Facility on the site, you should immediately apply for a new Conditional Use Permit. Please be aware that CUP applications require the current property owner(s) signature acknowledging consent to the use and the fact that a Notice of Restriction will be filed on the title to the property. Since the landowner is not T-Mobile's Lessor, documentation of the approval of the Lessor will also be required. If a new CUP application is not submitted by August 20, 2012, all operations of a Wireless Communications Facility shall be terminated along with the removal of any associated equipment located at 7412 Cadencia Street, Carlsbad, CA 92009. Evidence of removal shall be sent to the City Planner. This decision may be appealed by you to the Planning Commission within ten days of the date of this letter.in accordance with Carlsbad Municipal Code section 21.54.140. Appeals must be submitted in writing to the City Planner at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00 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. Should you require additional information or wish to have a meeting to discuss these issues, please feel free to contact Chris Garcia at (760) 602-4622. Thank you for your cooperation in this matter. DON NEU City Planner DN:CG:sm c: Tom & Tanya Codd, 7412 Cadencia Street, Carlsbad, CA 92009 Jane Mobaldi, Assistant City Attorney Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Debbie Fountain, Housing & Neighborhood Services Director Scott Rudinger, Code Enforcement Officer File Copy .df~.A_ C I T Y 0 F VcARLSBAD Planning Division June 19, 2012 T-Mobile c/o Kirt Babcock • 10509 Vista Sorrento Pkwy, Suite 206 San Diego, CA 92121 • SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-CADENCIA RESIDENCE Dear Applicant: tv\~ t.tjJq,,~ FILE COPY www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Conditional Use Permit, CUP 08-10. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ../ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~~· CHRIS GARCIA ~ Junior Planner c: CED Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008~7314 T 760-602-4600 F 760-602-8559 4~.A_ CITY OF VcARLSBAD • Planning Division June 18, 2012 T-Mobile c/o Kirt Babcock 10509 Vista Sorrento Pkwy, Suite 206 San Diego, CA 92121 SUBJECT: CUP 08-10-7412 CADENCIA RESIDENCE Mr. Babcock: • FILE COPY www.carlsbadca.gov T-Mobile has a Conditional Use Permit (CUP 08-10) for a Wireless Communications Facility (WCF) located at 7412 Cadencia Street, Carlsbad, CA 92009. The WCF was originally approved as CUP 99-11 on April 5, 2000 and expired on April 4, 2005. The WCF continued to operate without an approved CUP until CUP 08-10 was approved on July 15, 2009. An annual review was conducted on June 8, 2012 for CUP 08-10-7412 Cadencia Residence as required by Condition No. 9 of Planning Commission Resolution No. 6599. During the annual review, it was noted that at least two equipment boxes have been added to the site. These features were not part of the original approval, as shown on the approved site plan, and are therefore in violation of the Conditional Use Permit. Please remove these features to remain in conformance with the scope of development approved through the Conditional Use Permit (CUP 08-10). Once items have been removed, please notify the city for re-inspection. Should you desire to explore the addition of these features to the approved development, the processing of a Conditional Use Permit Amendment with the application signed by the current property owners would be necessary. Please be advised that any development approved through these amendments must be consistent with all applicable regulations, including the Zoning Ordinance. In addition, a Notice of Restriction appears to have never been recorded as required by Condition 6 of Planning Commission Resolution No. 6599. A letter dated May, 11, 2012 was mailed requesting proof that the Notice of Restriction was filed. No proof has been received to date. Please submit the attached Notice of Restriction, signed by the property owners. If the notice is not executed and returned to the City Planner by July 19, 2012, the permit may be found to be null and void pursuant to Condition No. 6. Furthermore, two of the approved equipment cabinets are not painted to match the existing home as required by the Conditional Use Permit. Please ensure that these are painted as soon as possible. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • Should you require additional information or wish to have a meeting to discuss these issues, please feel free to contact Chris Garcia at (760) 602-4622. The City anticipates that you will immediately address the three violations noted above and provide the City Planner with evidence that you have done so. Thank you for your cooperation in this matter. DON NEU, AICP City Planner DN:CG:bd c: Don Neu, City Planner Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Debbie Fountain, Housing & Neighborhood Services Director Scott Rudinger, Code Enforcement Officer File Copy q: ··Mobile·· Omnlpolnt Communications, Inc. subsidiary ofT-Mobile USA Inc 1 0509 Vista Son·ento Pkwy Suite 206 San Diego, Ca 92121 January, 23,2012 • Re: Letter of Authorization for Obtaining Land Use Entitlements Dear Sir or Madam: T-Mobile hereby authorizes Depratti, Inc. its employees, agents, and contractors to file and complete any applications necessary to obtain required land use entitlements on T-Mobile's behalf for the project listed below. Site Info: 8006369 Cadencia 7 412 Cadencia Street If you have any questions or concerns, please contact me at (858) 334-6139. Regards, Kirt Babcok, Manager Engineeting Development, San Diego T-Mobile USA _.if~~ CITY OF VcARLSBAD Planning Division May 11,2012 T-Mobile c/o Kirt Babcock • 10509 Vista Sorrento Pkwy, Suite 206 San Diego, CA 92121 SUBJECT: CUP 08-10-7412 CADENCIA RESIDENCE • . tl\cU.,W s j ti\1'2--- ~ILE COPY www.carlsbadca.gov On July 15, 2009, Conditional Use Permit CUP 08-10 was approved to allow the continued operation of a Wireless Communications Facility {WCF). As part of the annual review process, it appe(!rs that the permit is not in compliance with Condition No. 6 as follows: 6. The developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6599 on the property. 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 Planning Director 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 Developer or successor in interest. If a Notice of Restriction is not recorded by October 15, 2009, this approval shall become null and void. According to the city's records, a Notice of Restriction has not been recorded for this project. A Notice of Restriction, dated October 15, 2010, was submitted, but it was rejected due to lack of proof that James Homes could sign for the property owner(s) of record. This was brought to the attention of the applicant in May 2011 and proof of authorization or a Notice of Restriction signed by the property owners has not been received. If you feel a Notice of Restriction has been properly recorded for this project, please submit a copy to the Planning Division as soon as possible. If not, the permit may be found to be null and void if out of compliance with condition 6 above and you may be required to apply for a new permit. If you have any questions or concerns, please contact Chris Garcia in the Planning Division at {760) 602- 4622 or chris.garcia@carlsbadca.gov. Sincerely, ~~ DON NEU City Planner c: Chris DeCerbo, Principal Planner Van Lynch, Senior Planner File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ~-- 4~.A. C I T Y 0 F VcARLSBAD Planning Division May 9, 2011 Debra DePratti Gardner 13948 Calle Bueno Ganar Jamul, CA 91935 • • SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-CADENCIA RESIDENCE Dear Applicant: FILE COPY www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Conditional Use Permit, CUP 08-10. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required {Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. {Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary seal cannot be blurry/too light {County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at {760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CEO Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 .. MCUP & CWANNUAL REVIEVjSHEET tiLt l;Urt INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: 7412 Cadencia Residence CASE NUMBER(S): .!:::C~U~P~08~-..!:..!10~---------------- APPROVING RESO NO(S). =65::..::.9..::....9 _______________ _ PLANNER COMPLETING REVIEW: ..:::C::!.!hr:::..::i:::....s= Gar=c=ia:__ __________ _ PROJECT HISTORY Does project have a code complaint history? If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Yes Comments (include corrective actions taken and date compliance obtained): [8::1 No 0 Fire Prevention Q:\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 .. .VIEW INFORMATION e Has the permit expired? DYes ~No Permit expires: 7 Ll4L2019 Date ofreview: 7 L7 L2011 Name: D Applicant D Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: T-Mobile Phone: 858-334-6139 Contact name (if different): Kirt Babcock Address: 10509 Vista Sorrento Pk~l Suite 206l San Diegol CA 92121 Mailing (if different): E-mail: (optional) *CURRENT OWNER INFORMATION: Name: Thomas & Tanxa Codd Phone: Contact name (if different): Address: 7412 Cadencia Stl Carlsbadl CA 92009-7531 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? D Yes [:8:] No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Condition 6: Notice of Restriction still not recorded. NOR had come in 12reviousl;:, but was rejected. Waiting on new NOR to be received. Corrective action( s) to be taken: Sent NOR to 12roject a££licant. Date planner completed follow-up review and confirmed project compliance: t1~ ~ ~ Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:\.CED\.PLANNING\.AOMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 Scott Donnell From: Sent: To: Cc: Subject: Attachments: Hi Debra, Scott Donnell Wednesday, June 29, 2011 2:25 PM Debra DePratti Gardner Chris Garcia RE: CUP 08-10 Cadencia WCF img-6291116-0001.pdf • I was Shelley's supervisor and want to follow up with you on why the County rejected the Notice of Restriction. The County rejected the NOR, attached, because no proof was provided with the notice to show James Holmes had authority to sign on behalf of the Codds. However, it is not necessary for Mr. Holmes to sign. For this notice, it is only essential for the Codds, both husband and wife, to sign since they are the property owners. Please let me know if you have any questions or need a blank NOR. Also, if you would be so kind as to let us know when we might expect the signed notice, that would be appreciated. Thank you . . ~ « (!< ~ CIT¥ Of CARLSBAD Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov P: 760.602.4618 F: 760.602.8559 E: scott.donnell@carlsbadca.gov From: Debra DePratti Gardner [mailto:ddgardner@cox.netl Sent: Thursday, May 05, 2011 12:11 PM To: Chris Garcia Subject: RE: CUP 08~10 Cadencia WCF Chris-please send it to me at 13948 Calle Bueno Ganar Jamul CA 91935--please send me the one that was rejected too-- thanks From: bsiskowski@att.net [mailto:bsiskowski@att.netl Sent: Thursday, May 05, 201111:42 AM To: Chris Garcia; Debra DePratti Subject: Re: CUP 08~ 10 Cadencia WCF 1 (~CITY OF ~CARLSBAD Planning Department September 22, 2010 Becky Siskowski 1747 Victoria Way San Marcos, CA 92069 • F!LE COPY www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-7412 CADENCIA RESIDENCE Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 08-10. Please ensure the following items are addressed prior to returning the Notice of Restriction: v' Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) v' Document must be properly notarized. v' Name on signature page and name on Notarial Acknowledgement must match. v' Property owner's signatures/initials must be the same as on Notary Acknowledgement. v' Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light). v' Include property owner's name in the designated space above the owner's signature. v' Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Assistant Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) • Space above this line for Recorder's use Assessor's Parcel Number 223-260-10 ----------------~~--~~ Project Number and Name CUP 08-10 - 7 412 Cadencia Residence NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 475 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the office of the County Recorder of San Diego County, June 3, 1974. is restricted by a Conditional Use Permit No. 08-10 approved by the City of Carlsbad on July 15, 2009 as well as all future approved amendments and/or extensions. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 11/26/2008 --------------- r • • OWNER: Owner's Name Signature Print name and title Signature Print name and title Date 223-260-10 CUP 08-10-7412 Cadencia Residence APPROVED AS TO FORM: CITY OF CARLSBAD DON NEU, Planning Director Date RONALD R. BALL, City Attorney By: Assistant City Attorney Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must . attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 11/26/2008 • STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared --------------------' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or tlie entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) Rev. 12/17/2007 fYIM!J;IJ GVt.J / S) l D (t-1) CITY Of ~CARLSBAD • • FILE COPY Planning Department www.carlsbadca.gov June 15, 2010 Becky Siskowski 1747 Victoria Way San Marcos, CA 92069 SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-7412 CADENCIA RESIDENCE Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 08-10. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Si)tk, SHELLEY GLENNON Assistant Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® MCUP & cwP ANNUAL REVIEW SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: 7412 Cadencia Residence CASE NUMBER(S): -=C-=U~P..:::..:OB:::....-.:..:.:10=----------------- APPROVING RESO NO(S). =65::..:::.9..::....9 _______________ _ PLANNER COMPLETING REVIEW: S=H=E=L=L=E:..:.Y.....:::G=L=E~N=N=O=N...!...-_______ _ PROJECT HISTORY Does project have a code complaint history? 0 Yes [8J No If yes, check those that apply and explain below. D Code Enforcement D Police D Fire Prevention Comments (include corrective actions taken and date compliance obtained): H/ ADMIN/TEMPLATE/MCUPANNUALREVIEWSHEET 03/09 n -~ ·:::> ··-~:-J . .---~ ..... ..-....._ .EVIEW INFORMATION • Has the permit expired? 0 Yes ~ No Permit expires: .L;:Ju=,ly.;.......=..14='..;;:2=0=19'--------- Date of review: 4/7/10 Name: Becky Siskowski ~ Applicant 0 Owner 0 Other If other, state title: N/ A ~~--------------------------------------------*CURRENT APPLICANT INFORMATION: Name: T-Mobile Phone: 858.243.2900 ====~~~-------------- Contact name (if different): =B~ec=k"'-'y_,S=i=sk=o~w:..:.;s=k=i ______________________ _ Address: 1747 Victoria Street San Marcos, CA 92069 Mailing (if different): =-'N,._Il..:..;A,_ ____________________________ _ E-mail: : bsiskowski@att.net (optional) *CURRENT OWNER INFORMATION: Name: :Dennis Christich Phone: 858-774-2922 ==~~==~---------Contact name (if different): ;:...;N._._f/..:...;A,_ ______________________ _ Address: 7412 Cadencia Street Carlsbad, CA 92008 Mailing (if different): ~N:..L.I/_,_.A,_ ________________________ _ E-mail: N/A (optional) Does project comply with conditions of resolution(s) and approved plans? 0 Yes ~ No-If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Condition No.6: Must provide a Notice of Restriction on real property for the Conditional Use Permit (CUP 08-10). Corrective action(s) to be taken: Re-sent NOR to applicant. Applicant informed me that owner received it and will be submitting it signed very soon. Da~fflm~=revi~ aca:e~o~pliance: Planner Si~nJre Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. H/ ADMIN/TEMPLATE 03/09 July 16, 2009 T-Mobile 10180 Telesis Court #333 San Diego, CA 92121 • City of • Carlsbad •u e• '' '' • ·'· • .,, ·t• a'''''. • • PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 08-10 -7412 CADENCIA RESIDENCE At the Planning Commission meeting of July 15, 2009, your application was considered. The Commission voted (7-0-0) to APPROVE your request. The decision of the Planning Commission will become final on July 25, 2009. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the qate which this decision becomes final; however, if within ten days after the decision becomes final a request for the recon:f of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, ~~ DONNEU Planning Director DN:SE:It cc: Christich Family Trust, 7412 Cadencia St., Carlsbad, CA 92009 Data Entry File Enclosed: Planning Commission Resolution No. 6599 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ July 16, 2009 PlanCom, Inc. e City Attn: Krystal Patterson/ Shelly Kilbourn 302 State Place Escondido, CA 92029 of e Carlsbad IQ@Ihhlh.i•X§.Fiii;.t§.il SUBJECT: NOTICE OF RESTRICTION-CUP 08-10-7412 CADENCIA RESIDENCE Dear Applicant Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 08-10. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008, all Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ../ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please call Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincere:71J ffff-. ~A.·.r·-J(Z , . rx~f};~ ,/ / SHELLEY ESTEY AR Assistant Planner c: Senior Management Analyst File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ~ www.ci.carlsbad.ca.us @ • FILE COPY Cit of Carlsbad ----------~----~~~~~ June 23, 2009 Plan Com Attn: Krystal Patterson 302 State Place Escondido, CA 92029 SUBJECT: CUP 08-10-7412 CADENCIA RESIDENCE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, July 1, 2009, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 6, 2009. A twenty (20) minute appointment has been set aside for you at 9:30AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: · 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Department no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Department for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner.~eV'T:steybar '' at (760) 602-4625. ['ely, DONN~ Planning Director ON:SE:sm c: PlanCom, Attn: Shelly Kilbourn, 302 State Place, Escondido, CA 92029 Dennis Christich, 7412 Cadencia Street, Carlsbad, CA 92009 File Copy David Rick, Project Engineer Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ('!) May 27, 2009 PlanCom, Inc. e City Attn: Krystal Patterson/ Shelly Kilbourn 302 State Place Escondido, CA 92029 • F/L~ .• £q£'l of Carlsbad I #I @1.111 J.t~ I•J§ ·I ill ;.t§ ,J I SUBJECT: CUP 08-10-CADENCIA RESIDENCE Your application has been tentatively scheduled for a hearing by the Planning Commission on July 15, 2009. However, for this to occur, you must submit the additional items listed below. If the required items are not received by June 15, 2009, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following: A) Postage Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate (.44) times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment roll~. B) 1 00' Occupant List -(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, including the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • .,) '~LJP"'bS-'10 -7412 CADE. RESIDENCE May 27, 2009 Page 2 C) Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 1 00 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad,CA 92008 ACCEPT ABLE (with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee -a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sill SHELLEY ESTE Assistant Planner SE:It Attachment c: File FI1'.E COPY • • ~~~ City of Carlsbad l#lJfilhh'h·'•*4·F'I'i·*4bl April 23, 2009 PlanCom, Inc. Attn: Krystal Patterson/ Shelly Kilbourn 302 State Place Escondido, CA 92029 SUBJECT: CONDITIONAL USE PERMIT NO. CUP 08-10 -CADENCIA RESIDENCE - 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 Guidelines Section 15301 "Existing Facilities." 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 in the amount of $50.00 made out to the San Diego County Clerk to Shelley Esteybar, project planner. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shelley Esteybar, at (760) 602-4625 or shelley. esteybar@carlsbadca. gov. Sincerely, ~~ DON NEU Planning Director DN:SE:It c: Dennphyll Holdings LLC, 7412 Cadencia Street, Carlsbad, CA 92009 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 o FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) • City April 20, 2009 PlanCom, Inc. Attn: Krystal Patterson/ Shelly Kilbourn 302 State Place Escondido, CA 92029 • FILE COPY of Carlsbad l#llfh·'h'h·•·J§.fhl'··'4hl SUBJECT: 2nd REVIEW FOR CONDITIONAL USE PERMIT NO. CUP 08-10 -CADENCIA RESIDENCE (FORMERLY YGLESIA RESIDENCE) Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Conditional Use Permit, application no. CUP 08-10, as to its completeness for processing. The items requested from you earlier to make your Conditional Use Permit, application no. CUP 08-10 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. Please contact your staff planner, Shelley Esteybar, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, 0lc;11/L ~RY T. BARBERIO Assistant Planning Director GTB:SE:sm c: Dennphyll Holdings, LLC, 7 412 Cadencia Street, Carlsbad, CA 92009 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ .. . ... Shelley Esteybar From: Sent: To: Subject: Dennis Christich [dennphyll@roadrunner.com] Monday, April 06, 2009 12:06 PM Shelley Esteybar Re: CITY OF CARLSBAD I CONTACT US • We were in support of the site but now have reservations. Do I have any recourse, or do you have any recommendations for me to pursue if I'm not in support of the site that might aid in its removal to another location? -~---Original Message ----- From: Shelley Esteybar To: Dennis Christich Sent: Monday, April 06, 2009 11:30 AM Subject: RE: CITY OF CARLSBAD I CONTACT US Hi Dennis, I was able to speak to management regarding your concern, we can condition the applicant to provide the screening for the equipment. As for your other concern, I believe that is an issue with the cell provider and you (the owner) as part of your lease agreement. Also for clarification, are you in support for the cell site being at your property? Thank you, ~~pt.rvJ.H.tt City of Carlsbad Planning Department Assistant Planner p: (760) 602-4625 f (760) 602-8559 1635 Faraday Avenue Carlsbad, CA 92008 shelley.esteybar@carlsbadca.gov www.carlsbadca.govjplanning From: Dennis Christich [mailto:dennphyll@roadrunner.com] Sent: Thursday, April 02, 2009 3:50 PM To: Shelley Esteybar Subject: Re: CITY OF CARLSBAD I CONTACT US Yes, it is visible from the public street in the rear. I've also had a concern with their utility meter and underground cable construction. It appears that part of the rear yard and fence, along the rear public street, has settled and the ground/curb/fence area has sank a few inches lower than the adjoining land. Several months ago the cell equipment company came out to review but they have never resolved or even provided any solution to the concern. Do you know if this is something your department would be involved with? Thanks again! Dennis -----Original Message -~-- From: Shelley Esteybar To: Dennis Christich Sent: Thursday, April 02, 2009 3:00 PM Subject: RE: CITY OF CARLSBAD I CONTACT US 1 .. . .. Hi Dennis, See the email attached. Originally we did ask for them to revise their plans and they were going to submit them (she actually did not attach the exhibits as it states in the letter), however because this is their first extension and we are not requiring it to be relocated, we also stated that no new revisions to the site plans for all1 st time cell site extension applications shall be made at this time. Additionally, the Wireless Communication Facility Policy states that the equipment should be screened from public view by either landscaping or walls. Do you know if the equipment can be seen from the public street at the rear of the house? If so, I can speak again with Planning staff to see if we should still require them to revise their plans. Thanks, 81uJJ.tJ,P*fl.llatt City of Carlsbad Planning Department · Assistant Planner p: (760) 602-4625 f: (760) 602-8559 1635 Faraday Avenue Carlsbad, CA 92008 shelley.esteybar@carlsbadca.gov www.carlsbadca.govjplanning From: Dennis Christich [mailto:dennphyll@roadrunner.com] Sent: Thursday, April 02, 2009 1:59PM To: Shelley Esteybar Subject: Re: CITY OF CARLSBAD I CONTACT US Hi Shelley-Thank you for the info. If I could get a copy of PlanCom's justification letter, that would be appreciated. Some of the equipment (two large utility power boxes) are visible from the North exterior side of the house and I thought the application requirements demanded that they enclose these two boxes to meet the requirements. Is this still required and considered out of compliance? Thanks again, Dennis ~-~--Original Message ----- From: Shelley Esteybar To: dennphyll@roadrunner.com Sent: Thursday, April 02, 2009 1:46 PM Subject: RE: CITY OF CARLSBAD I CONTACT US Hello Dennis, 1 am the project planner for CUP 08-10. If you have any questions regarding this case please contact me directly. Application no. CUP 08-10 "Yglesia residence" was reevaluated after a recent law that just passed which allows cell sites to be renewed for a total of 10 years. Due to this new law and because the site is completely stealth (or concealed inside the faux chimney), it was determined that no feasibility analysis would be required for alternative sites. The applicant PlanCom, Inc., has submitted a justification letter stating why they cannot relocate their cell site to an alternative site. Would you like a copy of this letter? As for the success of this project being approved, it is likely to be more successful now due to the new law that requires a longer extension period. This application was only approved at 5 years, not 10. 2 • ' .. Thank you, 8/uJJJw.,ptyJ-tc City of Carlsbad Planning Department Assistant Planner p: (760) 602-4625 f (760} 602-8559 1635 Faraday Avenue Carlsbad, CA 92008 shel/ey.esteybar@carlsbadca.gov www.carlsbadca.gov/planning From: Planning Internet Email [mailto:Pianning@oldci.carlsbad.ca.us] Sent: Thursday, April 02, 2009 11:20 AM To: Shelley Esteybar Subject: Fwd: CITY OF CARLSBAD I CONTACT US A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, Planning. ********************************************** FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE. ********************************************** Below, please find the information that was submitted: Hello Don Neu, I'm inquiring about status for the (CUP es-1e Yglesia residence). I currently own and reside at the respective site address. With reqard to this CUP, your dept is requesting documentation from the carrier's permits administrator (PlanCom, Inc) for issues of concern such as: 1. Reason why the carrier continues to choose a discouraged residential zone, along with a feasibility analysis study of alternative collocation. l.a. Feasibility analysis of alternative locations. l.a.l Existing nearby Lattice Tower, and the nearest existing cell site for collocation. Including justification for not proposing the cell site at these locations. l.a.ll Coverage exhibit. l.a.lll Coverage exhibit for alternative sites. As well as plans for the required enclosure of the exposed exterior equipment on the property. Is it possible for me to obtain copies of this required documentation, including the Third Party review report, that is being requested of the cell site equipment owner/PlanCom Inc.? Would it be possible for me to learn what, if any, success PlanCom will have in obtaining an approved CUP for this site? Kind regards, Dennis Christich 3 .. Dennis Christich 7412 Cadencia St CarlsbadJ CA 92889 dennphyll@roadrunner.com Mozilla/4.8 (compatible; MSIE 7.8j Windows NT 6.8; GTB5; SLCClj .NET CLR 2.8.58727; Media Center PC 5.8; .NET CLR 3.8.84586) 76.176.182.86 4 ... RECEIVED PLAN cow! DEC 0 2 2008 CITY OF CARLSBAD PLANNING DEPT Telecommunications Project Management October 12, 2008 Sent Via Hand Delivery Mr. DonNeu CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Existing T-Mobile Facility at 7412 Cadencia Street-CUP 08-10 Dear Mr. Neu: Enclosed for your review are revised drawings and supporting documentation for the above referenced project. The drawings have been revised in response to comments in your letter dated June 4, 2008. In addition, we have provided the following responses to each of the items identified in your letter: Planning 1. The T-Mobile Y glesia Residence facility located at 7 412 Cadencia Street is an existing facility that is an integral part of the existing T-Mobile network. Although it is identified as a discouraged location by the current Location Guidelines for Placement ofWCFs, it is on a preferred location from a coverage perspective. Because this site is currently providing service to the surrounding area, to make changes in its existing location would have impacts on the current level of service the site provides. Additionally, it should be noted that there is an existing AT&T facility on the same street and with a similar design. We understand that this is not a preferred location under the current Location Guidelines for Placement of WCFs; however the existing facility is completely concealed within a chimney. Pursuant to City Council Policy No. 64, all aspects of a wireless facility, including the supports, antennas, screening materials and equipment should exhibit "stealth" design techniques so that they visually blend into the background or the surface on which they are mounted. The Y glesia Residence facility was designed to be an architectural element on the existing structure. The existing design has not changed and continues to appear as an architectural element (chimney) of the existing residence. As is shown in the photographs provided with the application, there is nothing that appears to be an antenna facility on this property. As indicated above, this is an existing facility that is providing service to the surrounding area. Any change in the location will result in some impact to the 302 State Place Escondido, CA 92029 619-208-4685 mobile 760-735-4913 fax T-Mobile-Yglesia Residence CUP renewal Page2 existing coverage. We believe that the City should consider the impacts a change in the location of an existing facility would have on the surrounding area. Relocating this facility from its current stealth location to another location could result in the antennas being located in a visible location, such as on the suggested lattice tower. More importantly, this facility is providing established service to the surrounding area. People in the area have become accustom to and dependent on service in this area. With 3 8 percent of wireless customers opting to eliminate landline telephone service in their homes, a loss of coverage to even one person who depends on this existing service could be detrimental. We believe we have addressed the issues identified in your letter. If you have any questions or need additional information, please contact me directly at (760) 715-8703. Sincerely, Enclosures ~ . Darrell W. Daugherty PLANcom Inc. 302 State Place JERROLD T. BUSHBERG Ph.D., DABMP, DABSNM +HEALTH AND MEDICAL PHYSICS CONSULTING+ 7784 Oak Bay Circle Sacramento, CA 95831 (800) 760-8414-jbusbberg@bampc.eom Escondido, California 92029-1362 Introduction June 26, 2008 At your request, I have measured the current cumulative maximum radiofrequency, (RF), power density from the T-Mobile (TM) wireless telecommunications site, (referenced as SD06369) located at 7412 Cadencia Street, Carlsbad, California, as depicted in attachment 1. Site measurements were made to included all ambient sources ofRF exposures including the contribution from other wireless facilities. This information was used to determine compliance with Federal Communications Commission (FCC) requirements for RF public exposure safety. This TM telecommunication site utilizes directional transmit panel antennae configured in three (3) sectors. The antennae are facade mounted within a faux chimney subject building, with their RF emissions center at least 14 feet above grade directed at 18 (sector A), 250 (sector B) and 330 (sector C) degrees true north. The antennas specified are EMS Wireless model# DR65-18-00DPL2Q, for all sectors. The sectorized antennas are designed to transmit with an effective radiated power (ERP) of up to 800 watts per sector within a bandwidth between approximately1,850 and 1,990 MHz (PCS frequencies). RF Exposure Measurement Methods & Results The measurements at the subject property were made during the afternoon on June 26, 2008 utilizing a Narda Industries model8718B broadband exposure meter (serial number 6062)with an associated frequency shaped B87 42D probe (serial number 08002). Weather conditions during the measurement period were fair and the temperatures were moderate. Outdoor measurements were made at locations of highest potential public exposure and surrounding area. All measurements were made in accordance with the manufacturer's recommendations as provided in their users guide for this instrument. This included an RF response check to assure that the meter and probe were responding appropriately to an RF energy source. This response check was performed immediately before and after the site measurements and, along with other operational parameters, were found to be operating normally as specified by the manufacturer. In addition, all environmental operating conditions, as specified by the manufacturer for this instrument, were satisfied. The probe and meter were calibrated by the manufacturer with standards traceable to the U.S. National Institute of Standards and Technology (NIST) on August 23, 2007. In accordance with the manufacturer's recommendations, the next calibration will be due prior to August 23, 2009. 1 The Narda meter/probe combination senses fields within the frequency range from 300kHz to 3 GHz and indicates exposure as a percentage of the FCC public exposure standard. The dynamic range of the instrument is between 0.6% and 600% of the FCC public exposure standard. For PCS frequencies, this response range equates to a power density range between 61-.1. W /cm2 and 6 m W /cm2• Reading obtained below 0.6% MPE are reported as the minimum range of the instrument(i.e., 0.6% MPE). The data supplied by the manufacturer sets the frequency response of the probe as ± 1 dB and calibration accuracy and isotropicity as± 0.5 dB and± 1 dB respectively. The probe is isotropic, meaning that it can directly measure the strength of complicated fields independent of the orientation, polarization, or arrival angle. Measurements were made from ground level to head height ( -6 feet) above the ground. The probe was swept over approximately± 3 feet to avoid destructive interference thus assuring the highest power density was being measured at a given location. A continuous observation of the exposure allowed the location of the maximum power densities to be determined. During the survey the meter displayed RF exposure levels between 0.0055 and 1.5964% of the FCC public exposure safety standard. Thus the maximum environmental RF exposure measurement result, at all locations, was recorded as 1.6% of the FCC public exposure safety standards for continuous exposure. In so far as it was not possible to determine if all antennae at the site were transmitting at maximum power during the measurements, a conservative multiple of five (5) was applied to all reading in order to assure that maximum potential exposures would not exceed the values provided in this report. Even with the conservative multiple of five applied to the measured value (i.e., 1.6%) the exposures would still be below the public MPE (i.e., 8.0%). A chart of the electromagnetic spectrum and a comparison of RF power densities from various common sources is presented in figures two and three respectively in order to place exposures from PCS telecommunications systems in perspective. RF Exposure Standards The two most widely recognized standards for protection against RF field exposure are those published by the American National Standards Institute (ANSI) C95.1 and the National Council on Radiation Protection and measurement (NCRP) report #86. The NCRP is a private, congressionally chartered institution with the charge to provide expert analysis of a variety of issues (especially health and safety recommendations) on radiations of all forms. The scientific analyses of the NCRP are held in high esteem in the scientific and regulatory community both nationally and internationally. In fact, the vast majority of the radiological health regulations currently in existence can trace their origin, in some way, to the recommendations of the NCRP. All RF exposure standards are frequency-specific, in recognition of the differential absorption ofRF energy as a function of frequency. The most restrictive exposure levels in the standards are associated with those frequencies that are most readily absorbed in humans. Maximum absorption occurs at approximately 80 MHz in adults. The NCRP maximum allowable continuous occupational exposure at this frequency is 1,000 1J.W/cm2• This compares to 5,000 1J.Wicm2 at the most restrictive of the PCS frequencies (~1,800 MHz) that are absorbed much less efficiently than exposures in the VHF TV band. 2 The traditional NCRP philosophy of providing a higher standard of protection for members of the general population compared to occupationally exposed individuals, prompted a two-tiered safety standard by which levels of allowable exposure were substantially reduced for "uncontrolled" (e.g., public) and continuous exposures. This measure was taken to account for the fact that workers in an industrial environment are typically exposed no more than eight hours a day while members of the general population in proximity to a source of RF radiation may be exposed continuously. This additional protection factor also provides a greater margin of safety for children, the infirmed, aged, or others who might be more sensitive to RF exposure. After several years of evaluating the national and international scientific and biomedical literature, the members of the NCRP scientific committee selected 931 publications in the peer-reviewed scientific literature on which to base their recommendations. The current NCRP recommendations limit continuous public exposure at PCS frequencies to I ,000 1.1. W /cm2, and to 200 1.1. W /cm2 for the most restrictive frequencies (e.g., VHF TV band). The 1992 ANSI standard was developed by Scientific Coordinating Committee 28 (SCC 28) under the auspices of the Institute of Electrical and Electronic Engineers (IEEE). This standard, entitled "IEEE Standards for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" (IEEE C95 .1-1991 ), was issued in April 1992 and subsequently adopted by ANSI. A revision of this standard (C95.1 2005) was completed in October 2005 by SCC 39 the IEEE International Committee on Electromagnetic Safety. Their recommendations are similar to the NCRP recommendation for the maximum permissible exposure (MPE) to the public at cellular and PCS frequencies ( 410 1.1. W /cm2 and 950 1J.W/cm2 for continuous exposure at 820 MHz and 1,900 MHz respectively) and incorporates the convention of providing for a greater margin of safety for public as compared with occupational exposure. Higher whole body exposures are allowed for brief periods provided that no 30 minute time-weighted average exposure exceeds these aforementioned limits. On August 9, 1996, the Federal Communications Commission (FCC) established a RF exposure standard that is a hybrid of the current ANSI and NCRP standards. The maximum permissible exposure values used to assess environmental exposures are those of the NCRP (i.e., maximum public continuous exposure atPCS frequencies of 1 ,000 1.1. W /cm2). The FCC issued these standards in order to address its responsibilities under the National Environmental Policy Act (NEPA) to consider whether its actions will "significantly affect the quality of the human environment." In as far as there was no other standard issued by a federal agency such as the Environmental Protection Agency (EPA), the FCC utilized their rulemaking procedure to consider which standards should be adopted. The FCC received thousands of pages of comments over a three-year review period from a variety of sources including the public, academia, federal health and safety agencies (e.g., EPA & FDA) and the telecommunications industry. The FCC gave special consideration to the recommendations by the federal health agencies because of their special responsibility for protecting the public health and safety. In fact, the maximum permissible exposure (MPE) values in the FCC standard are those recommended by EPA and FDA. The FCC standard incorporates various elements ofthe 1992 ANSI and NCRP standards which were chosen because they are widely accepted and technically supportable. There are a variety of other exposure guidelines and standards set by other national and international organizations and governments, most of which are similar to the current ANSI/IEEE or NCRP standard, figure one. 3 The FCC standards "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation" (Report and Order FCC 96-326) adopted the ANSI/IEEE definitions for controlled and uncontrolled environments. In order to use the higher exposure levels associated with a controlled environment, RF exposures must be occupationally related (e.g., PCS company RF technicians) and they must be aware of and have sufficient knowledge to control their exposure. All other environmental areas are considered uncontrolled (e.g., public) for which the stricter (i.e., lower) environmental exposure limits apply. All carriers were required to be in compliance with the new FCC RF exposure standards for new telecommunications facilities by October 15, 1997. These standards applied retroactively for existing telecommunications facilities on September 1, 2000. Summary and Conclusion The T-Mobile wireless facility, as described above is in full compliance with the FCC standards for public RF exposure safety. PCS radio transmitters, by design and operation, are low-power devices. The maximum cumulative RF power density measured at and around this facility, together with a five fold increase to assure that maximum potential exposures would not be exceed during maximum transmission conditions, was 8.0% of, (i.e., approximately 12 times lower than), the FCC public exposure standard for these RF frequencies. It is important to realize that the FCC maximum allowable public exposures are not set at a threshold between safety and known hazard but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. Thus the previously mentioned maximum cumulative exposure from the site represents a "safety margin" from this threshold of potentially adverse health effects of approximately 625 times. Given the low levels of radio frequency field exposure and given the evidence on biological effects in a large data base, there is no scientific basis to conclude that harmful effects will attend the utilization of this telecommunication facility. This conclusion is supported by a large numbers of scientists that have participated in standard setting activities in the United States who are overwhelmingly agreed that RF radiation exposure below the FCC exposure limits has no demonstrably harmful effects on humans. These findings are based on my professional evaluation of the scientific issues related to the health and safety of non-ionizing electromagnetic radiation, measurements of existing RF exposures, and my analysis of the technical specification as provided by T -Mobile. The opinions expressed herein are based on my professional judgement and are not intended to necessarily represent the views of any other organization or institution. Please contact me if you require any additional information. Sincerely, ~'f:~ Jerrold T. Bushberg Ph.D., DABMP, DABSNM Diplomate, American Board of Medical Physics (DABMP) Diplomate, American Board of Science in Nuclear Medicine (DABSNM) Enclosures: Figures 1-3; Attachment 1; Statement of Experience. 4 Public Safety Exposure Standards at PCS (~1,800 MHz)Frequencies 1400 1200 1000 800 600 400 200 0 *International Radiation Protection Association (IRPA)/ World Health Organization Environmental Health (WHO) Public Safety Exposure Standard (1993). Members of the Scientific Committee were from: • Australia •Italy • Canada • Poland • France • Russia • Germany • Hungary • United Kingdom • United States **International Commission on Non-Ionizing Radiation Protection Public Safety Exposure Standard (1998). Members ofthe Scientific Committee were from: • Australia •Italy • Sweden • Poland • France • Austria • Germany • United Kingdom Figure 1 • Hungary • Finland • United States • Japan Non Ionizing Electromagnetic Radiation {NI/EMR) : +-Ionizing Electromagnetic-+ 1 Radiation I I Wireless } PCS-1,900 MHz Power Line Communication Cellular -900MHZ 60 Hertz Services Electric and VIsible I Television light 1 ~L ~Ultra- /' Microwaves violet ~Toaster lamp "---"'~ ~ ~ Medical diagnosis and therapy ();C) CP Infra-red Ultra-+-X-rays--+ Cosmic violet Rays The Electromagnetic Spectrum Figure 2 •••••····•···•·•········•··•·····••·••···•····•··•···•·•···•·•······•·•····•·•••····••··•••••••••·············••··•······•••·•·····••••••·····•·•••·····••······· Typical Exposure from Various Radio Frequency/ Microwave Sources Radio Station Transmitters Figure 3 Baby Typical Max. Monitor Public Exposure Exposure in from a PCS Neighborhood Transmission Site ···•··············•·•··•••···•····•••··••••··············•····•·················•··••············•····················•····••·······••···••••··················•••·· Attachment 1 Site Specifications VICINilY MAP THOMAS GUIDE PAGE 1147, J1 ADDRESS 7412<:AIIOiao\S11£ET CIJti.SIAD, CA 12008 COORD\HAT£S (HAD 83) LATTTUD£: U' 05' 1?'.1<1~MOII1H L.ONGI1\U: ttr ,,.. tS.M"ffilST ACCESSIBILilY DISCLAIMER • CADENCIA STREET RESIDENCE 7412 CADENCIA STREET CARLSBAD, CA 92009 SD06369 CONSULTANT TEAM ARCHITECT: WII.LIMI IOOTll 1: ltOliDtt SUAREZ AIICHITECTUIIE t: PUNNING P'.O.IOX~I CAIIII.SMD,CAI2011 (7.0) 434-&474 {710)~1(tAX) PUNNING CONSULTANT: ,.,....,.,. .... HZ STAT[~ ESCONDIDO, CA 12021 (7eo)71S-7SSI (7e0) 755-7Stl (FAX) CONrACT: ICIIYSTAL I'ATTDtSOH {JIC-}1\~ PROJECT SUMMARY APPLICANT: OWNER: T-MOIII.£ CA/M¥, LCC 101111 TD.£$1$ COURT, SUITt W SAN aoo, CA 12121 f'HOME: (151} 334-1111 ...... ....,.. 7412CADPICIASTIIUT _.,. ..... SIT[CCINTACTlDDtNISCRISTICH (151) 774-2t22 DEVELOPMENT SUMMARY: 111[ IIEMEWAL OF CUI",.._,, (:OitSISTIMC fW THE f'Oll.I:WIWG: e TWO (:I!) EX1STINO T-~ IT$ OUTDOOR EQIMI'tiiENT CAIIHm OM COMCit£TE PAD. •THAE£ £XIST1MG T-111081L£ AHT£HMA SECTOitS OF (1) ANTEMMA ~~~~~~~· .,.,.,.,..._ eo:IS'TWG £I.£C1WICAL • 1'[l[PttDH[ UNDPlCIIOUtl) UTIUTY""""' LEGAL DESCRIPTION: lOT 475 or CAIII.SMO TltloCT NO. 72-20, U. COSTA ¥AU. UNfl' NO.:S IN 1H£ CITT OF CARI.3IIAO, COUtfTT Of SAN 01£00, STAT£ 01 ~ ACCOitDINC lD IW' nmEOf MO. 7WSO FLED IN TH£ oma: or 1ltE COUNTT IIECOIIOEJI or SAN DIEGO. JUNE !, 1174 PROJECT ADDRESS: ZONING: ASSESSORS PARCEL NUMBER: UJ-2110-tD TOTAL SITE AREA: 41.312 so. n. • D.~ ACRES EXISTING PROJECT AREA: a so. n. T-1 A-0 A-1 A-2 A-3 ·-· SHEET SCHEDULE '""'"' IIOOF a: AN1'DtMA I"LNG SCALE TKEDMWINGSCALESSHOWNINTHISSETIEPti£SENTfHE C0MtCt SCIU QMLY WMEit 1lttSt UMW\ttQ$ Mt PH«tll Ill. A 24• x 51• FOIIMAT, F T10S IIIIAWIHC SET IS HOT 24• x H"', Tlo!IS SET IS NOT TO SCAIL APPLICABLE CODES ALL W01tK SMALL COWLT wmt TME FOlUIWING ~ COllE$: CAl..RNINIA STATE IIUit.DING COO€, TIT\£ 2 ... 2007 £DI110irt CAlJ'OMIA D.£CTIIICAl CODE. 2007 mmotl CAI.ECIMIA liiECtWtiCAL CODE. 2007 EDII'IOM CALf'OINIAI'\.UMIIIIGCOD[,20117EOITJON CAlJ'OAMIA DKliOY CODE. 2007 EDII'ION INlti[E\'EHfOFCOMf'UCT,THI:MOSTII£StiiiiCTI'I[CODI: ............... B&\}IIhz&- A,r-rrr-.--u,, :: ? •. HHliT( '"' 1'~ • 100• toCIIJ OC >CMl ,.,_,, ollC•'ICl POIC! , .. , CIPtiAO.C•••olO .• o ••• ~11111111111111 u PREPARED F'OR ~-·Mobile·· 10180 TELESIS COURT, SU1TE 333 SAN DIEGO, CA 92121 II ~-- ~-~ROYALS 1 ... ~ """' ZONING ~ CONSnttiCTI<»> om- ----·-------SJTEACQUISFTION . .,, ---OWNtfl APPROVAL . .,, :: PROJECT NAME CADENCIA STREET RESIDENCE PROJECT NUMBER SD06369 7_.12 CADENCIA STREET CARLSBAD, CA 92D09 SAN DIEGO COUNTY " DRAWING DATES IU/27/011 ZD REVIEW (oo} D•/2•/011 I'LANNINGSU8MITTAL(cl) -:: SHEET TITLE TITLE SHEET & PROJECT DATA II PROJECTS\ 1-moblle\ otiOZ~zd\ 015025tT1 .OWC :: T-1 ANTENNA PLAN ROOF PLAN NOTES: * EXISTING T410BU PIPE YOUHTtD ANlENWi EXISTING T-MOBIL.£ £0Jif'toiENT CMI'If.TS AT QIW)E £XISTlNG ~ C#&£ 'TRAY ON 4" SQUME W-Ro\ltD 1'\'t: SLfD'EJtS e .a• O.C. 0 I:XISJINQ RtMOWr8L£ ota:ESS FW€1. <§>~~~~=::s~ {!) R.f'. 11WCSf'MENT CHMNEY-IJK[ SCREENED ENCLOSURE (SHOWN SI-W)[()) ~ ElOSTlNC C(W( C#&[ ('roTM. 12) ~ fXIS'TINGSlm.SUPPOII'TCOU.IIiiN ~ EXISJINO iULT-1..1' llOOF MDIBRN£ ~ D2S1ltG IIIEtHIIINICM. UNT q}DISTINGAOOF'~ (1 EXIS'TINQUI'ILJf'(CONDUfT(TYPICAL) 4) DCISTINGAOOF'ORAIH ('rl1>tcAIJ 4)EXISIING'IENTPIPE~ 4) DGSllNG 8UII..OING PAIW'Ef ~ fXlS'TING C*INEY AN;) METAL CN> 4) fXlS'TING LOW WALL wmt CUM0RM.S AT DECK 4) EXISIING ROOf DECIC ~ DISTING WETM. CN' 4) EXISilNG 1WSED CURB EXlSTIHC T-M081LL 8TS OUTDOOR EQUIPWENT CABINET'S ON CONCRETE PMJ AT QRAOE IEI.DW. $(I SHED lt-2 FOR EQtFKNT P1.AN • ANTENNA AND COAXiAL CABLE SCHEDULE = ~ IAZMm MTDW.MCULIUIIER ~-=~~ (+~ 110' 11o'-o" 1 -·-. c ~ 1~ ,,.,. ROOF PLAN -.a:w-1....,. === .. === PR[PAREO FOR ~··Mobile·· APPROVALS !M:ri"- ====II==== PROJECT NAME CADENCIA STREET RESIDENCE PROJECT NUMBER SD06369 7~ 12 CAOENCIA STREET CARLSBAD. CA 92009 SAN DIEGO COUNTY ====II==== DRAWING OATES 04/22/DII m REVIEW (-) 0<4/24/011 I'L.ANNINC SUMIITTAl (cl) ==::== SHEET TITLE ROOF & ANTENNA PLANS ===::=== ===··=== A-1 EXISTlNG T -W081LE BT5 OUTDOOR EQUPMENT CN!IINETS ON CONCRETE PAD. SEE SltEETA--2 FOR EQUIPIIIENT ~ ....,.._ ..,.... ""'""" SITE PLAN ~,. .... -----~~--- ~~~~--1.11«111511)( SCIIEENED0«1DSUUIIEONIIIXJF~IkiiLOIC. .,._....,, -T .....ca.£ m.ECOWWUNICioTIQNS T1WISWTTER rRECIUENCIES AND POWER !.E'vUS 11!1e0-19110 WHz fiN«) W10TM aoo w.ns ERP P£R SECTOR --nt£ PAO.JECT BOUNCIAA'Y' SHOWN OH ntS DfWiiiNG IS APPflOXIMTE AND IS SHOWN FOR GENERIIl REFER£NCE ONLY. --==n== PREPARED fOR tF ··Mobile·· 10180 TELESIS COURT, SUIT( 333 SAN DIEGO, CA 92121 ====.,=,.:v=.,=s=e'iiiii:= ==== .. ==== PROJECT NAME CADENCIA STREET RESIDENCE PROJECT NUWBER SD06369 7 412 CAOENCIA STREET CARLSBAD. CA 92009 SAN DIEGO COUNTY ==== .. ==== DRAWING DATES Olo/ll/OIJ ZO IKVIEW (coo) 04/24/011 PI.AMNitoiC SUBIIITTM. (<=I) ======== SHEET TITLE SITE PLAN ===··=== ===n=== A-0 NORTH ELEVATION IOIIU:W•t'4" WEST ELEVATION EXT'ERIOR ELEVATIONS NOTES: * EXISTIHC T-t«1811..E NfTDIWl (SitOIIIH ~). DISJINGT-l1Kl811.[8JSEOI..IAIENTCAB14m ElCJS1IN4:; CI:WtW.. CML£ SHROUD MOUNTED TO£XISTIHGEXTEAIOAWALL i ...... ,..<E....,., DaSliHG""""""-' """"" DOOR (m'K>L) <l> ElaSTING OORY DOOR ~ DCIS1'IHQ CWW3E DOOR (M'ICAL) ~ElaSTINGWICXN(IYPICAt.) !,_.,.., EXIS'nNG CHIMNEY wmi METAL CN' .,......,.,. (} DISTlNO PEDESTALwrrH fUS[ll OISCONNECT (POWER SEIMCE COtHCTION) ~ EXISTING 1U.CO PEOESfAL (m.CO SEJMCE """""""'' 4) DISllNG SOGti: ll¥HSf'ORUER ~ EXISTIHG GRADE ~T PROftERTY UNES ~ ElOS1lfriO JIETMriiNG WALL.trO.W:::ENTTO R£SilENCE (SHOWN o.wt€0) 4) srucco somr o PED< OOJERtW«> ~ PROI"'.£0F"BI.Jil.1IN::O EXTERIOR UU..S ~DCIS'nMGSLOPEllEMBNtt<MEKT . ~L&- 41·rt TErTJi;~ II fL-'1!!11'; . ut.\t0 "100"l> >C""<C"" OQK.,-O.a<! 'C"'"<C" '010 .. cq.u•-• ~· no a .o· "' •• IIIIIIIBII II PREPARED F'OR tF· ·Mobile·· 10180 TELESIS COURT, SUITE 333 SAN DIEGO, CA 92121 ·~·· APPROVALS --------------R.r. ""' ---ZONING '"' CONSTRUCTION ~ -------------OAn:--SIT[ ACQUISITION ---OWNER AI'~IIOVAL . .,. :: PROJECT NAiotE CADENCIA STREET RESIDENCE PROJECT NUMBER SD06369 J.4 12 CAOENCIA STREET CARLSBAD, CA 92009 SAN DIEGO COUNTY :: DRAWING DATES OC/U/~ ZD II:EVIEW (-) 0•/24/08 P\.ANto~li'j() suawm.t.t(cl) e :: SHEET TITLE EXTERIOR ELEVATIONS II PROJ[CTS\I-moblle\011025zd\08C25P3.0WG :: A-3 ELEVATION A EQUIPMENT PLAN NOTES: <!> ~ TTO~BTS OUTDOOR Eti4JIPWENT <?> ~~NfJ~~=.NTtD~OCIS11~ <$> ElOSI'1NG T-W081l.E WALL MOUf(f[O TELCO CA8INEf ~ EXISfN(OSI:IG6£D..ECTRICAL(HCl.IS()wrnR I~=~::~~ .. EXISTINGWALLIIOt.lNTEDUGtfTFTX'rtlftE.(TYPic:ALr;,z) EX1SJING 5f\JCCO FNSitED EXTERIOR UU. EXISTING ROOF" PJriW'ET IHO SON1T NJ1NE ~ EXlS1'VriG CONCilET'E SIOE'MUC ~.,.,...."""""'"'-' q)> EXISllNG SLOP£D EtoiWICWENT ~""""""""" 4} EXJSI'1NC. CHaiNEY WfTH MEtAL CAP 8EYONO ~ ~ m.co CONCUTS ON UtriiSTRUt YOUNTEO ~ ~ ~'M.L F'EEDEJt COIOM1'S ON UNSfRUT 4) ~ =CAlli£ 5HRCW ROuTm uP TO 4)-EXJS'I'1NC: ROOF (SHOWN OWED) EQUIPMENT PLAN ~--~ === .. === PREPAREr> FOR tF ··Mobile·· 10180 TELESIS COURT. SUITE 3ll SAN OIEGO, CA 92121 "~ APPROVALS • ~- === .. === PROJECT NAME CADENCIA STREET RESIDENCE PROJECT NUMBER 8006369 7412 CAOENCIA STREET CARLSBAD, CA 92009 SAN DIEGO COUNTY === .. === 04/22/08 04/24/08 ORA.WING DATES ZD R£YIEW ( ... ) ~INGSUIMITT.o\l.{~l) === .. === SHEET TITLE EQUIPMENT PLAN ==== .. ==== PRQJ[CT'S\t-mot><Je\ 08025zd\0&0251'A2.0WG === .. === A-2 . ~ STATEMENT OF EXPERIENCE Jerrold Talmadge Bushberg, Ph.D., DABMP, DABSNM (800) 760-8414 jbushberg@hampc.com Dr. Jerrold Bushberg has performed health and safety analysis for RF & ELF transmissions systems since 1978 and is an expert in both health physics and medical physics. The scientific discipline of Health Physics is devoted to radiation protection, which, among other things, involves providing analysis of radiation exposure conditions, biological effects research, regulations and standards as well as recommendations regarding the use and safety of ionizing and non-ionizing radiation. In addition, Dr. Bushberg has extensive experience and lectures on several related topics including medical physics, radiation protection, (ionizing and non-ionizing), radiation biology, the science of risk assessment and effective risk communication in the public sector. Dr. Bushberg's doctoral dissertation at Purdue University was on various aspects of the biological effects of microwave radiation. He has maintained a strong professional involvement in this subject and has served as consultant or appeared as an expert witness on this subject to a wide variety of organizations/institutions including, local governments, school districts, city planning departments, telecommunications companies, the California Public Utilities Commission, national news organizations, and the U.S. Congress. In addition, his consultation services have included detailed computer based modeling of RF exposures as well as on-site safety inspections and RF & ELF environmental field measurements of numerous transmission facilities in order to determine their compliance with FCC and other safety regulations. The consultation services provided by Dr. Bush berg are based on his professional judgement as an independent scientist, however they are not intended to necessarily represent the views of any other organization. Dr. Bushberg is a member of the main scientific body of lnternational Committee on Electromagnetic Safety (ICES) which reviews and evaluates the scientific literature on the biological effects of non- ionizing electromagnetic radiation and establishes exposure standards. He also serves on the ICES Risk Assessment Working Group that is responsible for evaluating and characterizing the risks of non- ionizing electromagnetic radiation. Dr. Bushberg was appointed and is serving as a member of the main scientific council of the National Council on Radiation Protection and Measurement's (NCRP). He is also a Scientific Vice-President of the NCRP, a member of the NCRP Board of Directors and chairs its committee on Radiation Protection in Medicine. In addition, Dr. Bushberg is a member of NCRP's scientific advisory committee on Non-ionizing Radiation Safety. The NCRP is the nation's preeminent scientific radiation protection organization, chartered by Congress to evaluate and provide expert consultation on a wide variety of radiological health issues. The current FCC RF exposure safety standards are based in large part on the recommendations of the NCRP. Dr. Bushberg was elected to the International Engineering in Medicine and Biology Society Committee on Man and Radiation (CO MAR) which has as its primary area of responsibility the examination and interpreting the biological effects of non-ionizing electromagnetic energy and presenting its findings in an authoritative and professional manner. Dr. Bushberg is also a member of a six person U.S. expert delegation to the international scientific community on Scientific and Technical Issues for Mobile Communication Systems established by the Federal Communications Commission. Dr. Bushberg is a full member of the Bioelectromagnetics Society, the Health Physics Society and the Radiation Research Society. Dr. Bushberg received both a Masters of Science and Ph.D. from the Department of Bionucleonics at Purdue University. Dr. Bushberg is certified by several national professional boards with specific sub-specialty certification in radiation protection and medical physics. Prior to coming to California, Dr. Bushberg was on the faculty of Yale University School of Medicine. SOUTH ELEVATION ICII!Ia:lr•r• EAST ELEVATION ICIILI::W•.,... EXTCRIOR ELEVATIONS NOTES: <9 EXISTING f-MOflll£ loJriTENN (SHCMI M$1€0). ¢-EXISTING T--1o10811.£ BTS EQl.IIPWENT CABINETS <!:> OCISllHG CCWCW.. CABLE TRAY IIIOUNTED TO ...,..,"""""" ..... * .,...,..""'"'""""" ...,..,.........., EXIS11NG DOOR (l"tPPCAL) ~ DCISI'IriG OORI' DOOR ~ D!S11NG CNWi£. OOCR ~ <$> £laSTING WNXIW {rtPICAl.) -@-EXISflNCO OtNNEV WITH WETAL C1P ~ ...... """' 4} OCISTINC P£DESTAI.. 'MTH FUSED tliSiCOMNECT (PoW[R SERYICE COHNECTION) (} EXISTING lB.CO PEDESfAL (TELCO SE1MCE .,.....,.., ~ EXIS1lNG ~ AT PROPERTY LmES ~ EXISTING RET.HNWO WAU.. ~TO R£SilEHCE (SMO'* DGIED) 4}> PfiOFllE OF -...a.DING • EXTERIOR lW.LS ~ EXIS1lNG SlOP£D DIIWIICMENt " •• • ><><>"" '~ -«-OOK'l, ,_.,., •c,n< •<>><>· •• C·\1 .. ·><•.,.,• •oo •><•< ===::=== PREPARED FOR ~··Mobile·· 10180 TELESIS COURT, SUITE 333 SAN DIEGO, CA 92121 ~~~ APPROVALS .... ===::=== PROJECT NAME CADENCIA STREET RESIDENCE PROJECT NUtr.tBER SD06369 7412 CAOENCIA STREET CARLSBAD, CA 92009 SAN DIEGO COUNTY ===··=== DRAWING OA.TES fM/22/rM lD REVIEW (ooo) 04/24/0! ~..C SUMIITT~ (cl) ===::=== SHEET TITLE EXTERIOR ELEVATIONS ===::=== ===::=== A-4 • • To: City of Carlsbad 6-19-2008 Re: CUP Notice Cell Tower on 7412 Cadencia Street, Carlsbad, CA 92009 I am writing about the NOTICE of permit for proposed existing stealth cell tower located at the above address. I am really concerned about the dire health consequences on the neighborhood that this site presents. This will be the 2nd tower on the street from what I understand and two are too many for this area. We recently relocated to the area and concerned about the site's impact to our health and its depreciating value this cell tower presents to my home. I wish to remain anonymous because I understand my neighbors receive money from the site and I do not wish it to be known that I have complained at this point. We are keeping ourselves updated on its progress and hope the city does the right thing by not allowing it. Our hope is that the City of Carlsbad does not renew this permit or allow other sites in the area. If the city seeks to approve this renewal/site permit then several of us will submit a signed petition to prevent approval of this permit. Thank you, A concerned Carlsbad resident JUL 2008 Planning. Department City of Carlsbad • • FIL City of Carlsbad IQFI;J.Ii.t.i•l§·tllii•i§;IM June 4, 2008 PlanCom, Inc. Attn: Krystal Patterson 302 State Place Escondido, CA 92029 SUBJECT: 1st REVIEW FOR CONDITIONAL USE PERMIT NO. CUP 08-10 -YGLESIA RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Conditional Use Permit application no. CUP 08-10, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, April 1, 2008, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner t (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, ~~ DON NEU Planning Director DN:SE:sm c: Dennphyll Holdings LLC, 7412 Cadencia Street, Carlsbad, CA 92009 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) "'"'" "i , ... CUP 08-10-YGLESIA lsiDENCE June 4, 2008 Page 2 I LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Within six (6) months after the issuance of occupancy, and with each time extension or amendment request, the developer/operator shall submit to the Planning Director either verification that the WCF is categorically excluded from having to determine compliance . with the guidelines per 47 CFR Section 1.1307(b)(1) or a project implementation report that provides cumulative field measurements of radio frequency (RF) electromagnetic fields of all antennas installed at the subject site. The report should quantify the RF emissions and compare the results with currently accepted ANSI/IEEE standards as specified by the FCC. The Planning Director should review the report for consistency with the project's preliminary proposal report submitted with the initial project application and the accepted ANSI/IEEE standards. If, on review, the Planning Director finds the project does not meet ANSI/IEEE standards, the city may revoke or modify the conditional use permit. Engineering: j' 2. Submit a completed Stormwater Standard Questionnaire. The form can be printed from http://www.carlsbadca.gov/engineering/chklstpdf/stormwater-qstnn.pdf. Building: No comments. Fire: No comments. ISSUES OF CONCERN Planning: 1. The proposed Wireless Communication Facility (WCF) is located in a discouraged location as listed in Location Guidelines for Placement of WCFs (A.2.b) of the City's WCF Policy (Policy 64). For WCFs proposed in a zone or area that is a discouraged WCF location, the applicant must provide evidence that no location in a preferred zone or area (A.1) can accommodate the applicant's proposed facility (0.2). Evidence should document that preferred zone or area locations do not meet engineering, coverage, location, or height requirements, or have other unsuitable limitations. Please provide the appropriate documents so that the City has sufficient information to review and make a decision on the proposed project. As a reminder, the City may require that the submitted "evidence" supporting the proposed location be reviewed by a Third Party. If so, the application will remain incomplete until the Third Party review has been completed and the applicant will be responsible for paying the costs of the Third Party review. The Third Party review will not be necessary if the proposed WCF can be moved to a preferred location listed within Policy 64 . .-a. Submit a feasibility analysis of alternative locations within the general area of the existing WCF including the following locations: La Costa Avenue, an 1 • • CUP 08-1_0-YGLESIA lsiDENCE • June 4, 2008 Page 3 2. existing nearby Lattice Tower, and the nearest existing cell site for collocation. With this analysis please include the following: /i. .j ii. Written justification for not proposing the cell site at these locations. A coverage exhibit showing the existing coverage at the Yglesia Residence and surrounding cell sites. The" exhibit shall include a legend indicating excellent, good, poor, and no coverage. iii. A coverage exhibit for each alternative site showing coverage at the cell site and surrounding existing cell sites. The exhibit shall include a legend indicating excellent, good, poor, and ·no coverage as well as the height and elevation of the alternative cell site. Jiv. Any other exhibits providing justification for the cell site being located in a discouraged area. For WCFs on Residential Building, all equipment must be located inside, not outside, the building (Policy 64, Review and Approval Guidelines Section B.6.c.). Currently the equipment cabinets are located outside the building. Please provide an enclosurE; for the existing equipment cabinets. The enclosure shall blend in with the exterior walls of the residential building. Engineering: No issues have been identified at this time. Building: No issues of concern are addressed. Fire: No issues of concern are addressed. / CUP 08-10-YGLESIA RE:~ENCE June 4, 2008 Page 3 2. • --·~xisting nearby Lattice Tower, and the nearest existing cell site for ~allocation. With this analysis please include the following: I ! I I i. I .ii. Written justification for not proposing the cell site at these locations. A coverage exhibit showing the existing coverage at the Yglesia Residence and surrounding cell sites. The exhibit shall include a legend indicating excellent, good, poor, and no coverage. iii. A coverage exhibit for each alternative site showing coverage at the cell site and surrounding existing cell sites. The exhibit shall include a legend indicating excellent, good, poor, and no coverage as well as • the height and elevation of the alternative cell site. iv. Any other exhibits providing justification for the cell site being located in a discouraged area. For WCFs on Residential Building, all equipment must be located inside, not outside, the building (Policy 64, Review and Approval Guidelines Section B.6.c.). Currently the equipment cabinets are located outside the building. Please provide an enclosure for the existing equipment cabinets. The enclosure shall blend in with the exterior walls of the residential building. Engineering: No issues have been identified at this time. Building: No issues of concern are addressed. Fire: No issues of concern are addressed. \