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Home My WebLink AboutCUP 11-01; SD06919 Tamarack Wireless; Conditional Use Permit (CUP)\(~~;i ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Administrative Permit D Coastal Development Permit (*) D Minor 0 Conditional Use Permit (*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Planned Development Permit D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative _Cv_fll ol D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan D Amendment D Zone Change (*) D Zone Code Amendment List other applications not specified D D D (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 206-011-21 ----------------~----~~--~----~------------------------------- PROJECT NAME: 'f!Jnh\'JI'eek 0Q 0 {p £:{ ) "\ TAMA,:tLA?J<' BRIEF DESCRIPTION OF PROJECT: Unmanned wireless facility. Panels to be mounted to existing rooftop of condo building. BRIEF LEGAL DESCRIPTION: Please see attached. LOCATION oF PROJECT: 111 Tamarack Ave, Carlsbad, CA 92008 STREET ADDRESS ON THE: BElWEEN P-1 South (NORTH, SOUTH, EAST, WEST) Carlsbad Blvd. (NAME OF STREET) SIDE OF Tamarack Avenue (NAME OF STREET) AND Garfield St. (NAME OF STREET) Page 1 of 5 Revised 07/10 OWNER NAME (Print): Tamarack Condo Association APPLICANT NAME (Print): Mobilitie, LLC MAILING ADDRESS: 111 Tamarack Avenue MAILING ADDRESS: 660 Newport Center Drive, Suite 200 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Newport Beach, CA 92660 TELEPHONE: TELEPHONE: 619-804-0487 EMAIL ADDRESS: EMAIL ADDRESS: lior.avraham@mobilitie.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. THE BEST OF MY KNOWLEBGE. -z_/JLI Ye-€-UJA ~-~ SIGNATURE DATE ~~U"REI!.~ DATE7 ? t APPLICANT'S REPRESENTATIVE (Print): Lior Avraham MAILING ADDRESS: 1940 5th Avenue, Suite 201 CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: 619-804-0487 EMAIL ADDRESS: lior.avraham@mobilitie.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND C~z;~OWLEDGE. 2/1/lt siGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. S-£e LoA PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of5 FEB 0 8 2011 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: I~ Revised 0711 0 San Diego Market SD06919A Tamarack 111 Tamarack Ave. Carlsbad, CA 92008 • r.P • • Coverage of Proposed Site SD06919A only SD06919A-111 Tamarack Ave. -------· Sig n•l L 1!"11>1 Str.,ngth D OllBmt<H IOI!Bm 0 .-am tc-'9D<IB ·-~8 tc -'MO:Blrl ··5a<JB to ·1llAII:Blrl 0 0.3131 ,........ miles Scale: 1 :19 840 -Bodies of water Sign•l Le-v~l Str~ngth D ttBmt~,..s..rem 0 -8 t<>-'!1!1118 miles Scale: 1 :1 9 840 • SD06919A -111 Tamarack Ave. Coverage of Surrounding On-air Sites w/o Proposed Site SD06919A -------· -Bodies of water . rr-. Si9nal Lf'Vel Strength D OIIBmt<HI&IIB 0 ..&411BmtD·5MBm • ·5MB tD c5SdB • ·5SllB.mt ·1il011Bm 0 0.3131 miles Scale: 1 :19 840 • SD06919A -111 Tamarack Ave. Surrounding On-air Sites Coverage with Proposed Site SD06919A -------· -Bodies of water . . ~ . SD06919A Search Ring . • . . . . . . . . . . . . . . . 13654 Carlsbad Blvd, Carlsbad, CA 92008 X I • Carlsbad : state Beach • . . • • . . • . • . . . . . . • . • • . . • • : Primary candidate . • . • . • • . . • No other alternative candidates can be identified inside the search ring, thereby, other feasible candidates were found outside or close to the search ring boundaries. Carlsbad ••••••••........•.....•..... ~ ' Carlsbad CA 92008 X \ Aqua Hedfonda Lagoon .. ~ SD06919A Map with Surrounding On-Air Sites O'Ceanside .() South ~~ Oceanside {. liJ ¢:,'<.. '\.<!> ~#'0 Buen~ V.ist~ L~goon £!.? Laguna Dr Pacific Ocean 3654 Carlsbad Blvd. --;.If I Primary candidate --_I List of Surrounding On-Air Sites Address Latitude Lon itude 3001 Carlsbad Blvd., Carlsbad, CA 92008 33.1570 -117.3510 D06088A 1088 La una Drive, Carlsad, CA 92008 33.1668 -117.3448 D02295A 3557 Monroe St., Carlsbad, CA 92007 33.1645 -117.3299 D06742A 3890 Pico Drive, Carlsbad, CA 92008 33.1533 -117.3350 SD06185A 5335 Paseo Del Norte, Carlsbad, CA 92008 33.1334 -117.3280 SD06203A 4901 El Camino Real, Carlsbad, CA 92008 33.1503 -117.3080 Yourell Ave Forest Ave Chestnut Ave 245 Tamarack Ave. ('l \ (;>- ~ (;>- Aqu~ Hedionda Lagoon ~ Encina Power Plant -4600 Carlsbad Blvd. "1\ ?-I, c~"~'o El \ ~ @!] Cannon Rd I USD06203 X I . ~ . • SD06919A Aerial Map . r-. . • SD06919A Aerial Map-traffic/ street light poles Traffic/street light poles were identified within the intersection of Carlsbad Ave. and Tamarack Ave. These existing vertical structures have lower heights (between 20 '-25') compared to the preferred candidate (111 Tamarack Ave.), and are situated at a lower elevation. Therefore, these vertical structures will not meet current RF coverage objectives. Other poles and similar vertical structures in the vicinity will not meet RF coverage objectives for the same reasons (lower heights and lower elevations). b~oo'6919A Aerial Map -smoke stack @ Encina Power Plant considered as a candidate due to its close proximity (-0.5 mile) to existing on-air site (USD06185) which would cause overlapping coverage. Also, it is located outside of the search ring, approximately 1 mile. Site Number SD06919A Tamarack RF Notes: • This search ring is situated in a residential and commercial area. The primary candidate for this search ring wh1ch is located at 111 Tamarack Ave., will provide in-building and outdoor coverage to the Coastal area of Carlsbad and will serve the beach community to make and complete calls successfully along Tamarack Ave, Hwy 101 and the neighboring residential and commercial area. • • • Site Type: Building/ rooftop structure. Antenna will be side-mounted with an approximate rad center of 30' 4 ~" as indicate in the zoning drawings. There were no other alternatives candidates found within the search ring, although a couple of potential candidates were identified outside the search ring, which are located at: 3654 Car/bad Blvd., Carlsbad, CA with an approximate antenna rad center @ 30'. 245 Tamarack Ave, Carksbad, CA (Blue Berry Apartments) with an approximate antenna rad center@ 25'. The smoke stack that is located within the Encina Power Plant located at 4600 Carlsbad Ave., Carlsbad, CA is also located outside of the search ring. This structure is -1 mile South from the search ring boundary and is 0.5-mile West of an exist1ng on-air site (SD006185A). This site is not feasible for this search ring due to its close proximity to existing on-air site which would cause overlapping coverage and interference issues. • The vertical structures (traffic/ street lights) within the intersection of Tamarack Ave., and Carlsbad Blvd. are approximately 25' high (-antenna rad ctr @ 20') and are located at a low elevation and will not meet the required antenna rad center for this search ring. Other poles and similar vertical structures in the vicinity will not meet RF coverage objectives for the same reasons (lower heights and lower elevations). Please note that the required height is needed in order to meet coverage objectives due to terrain issues in the area. • End of Slide. .~' -. ~ . > > ~ ' r :"' iJ( ~ < ,$.4fl'fr Letter of Authorization To Process Permits Property Address: --=-1_11-::--T"7""am_a-=-r_a-=-c-=-k-:A:-::v:-::-e-::-;;-___ APN: ;}ob 0// ... ;;).-((Property) Carlsbad, CA 92008 The undersigned Property Owner acknowledges that Mobilitie, LLC is interested in developing a communications facility on the above-referenced Property. In order for Mobilitie, LLC to begin the process of preparing plans for submittal to the appropriate jurisdictions, access to the Property and filing of government applications is required. The Property Owner hereby authorizes Mobilitie, LLC's employees, agents and independent contractors authorization and permission to enter the Property to obtain title information and copies of drawings; conduct and perform land surveys, geotechnical borings, environmental audits, radio propagation studies and other inspections and tests as required to determine project feasibility. Mobilitie, LLC will bear all costs associated with said inspections and tests. Furthermore, this is an authorization and agreement with Mobilitie, LLC to process any governmental approvals it may need for construction of a communications facility on the Property. A copy ofthis letter is as effective as an original. If required by a government agency, an original of this letter of authorization in addition to other required documents will be executed in a timely manner. Sincerely, Property Owner: Tamarack Ahores HOA By: _____ T_. __ Rl_·c_h_a_r_d __ E_v_a_n_s __ --1=+-~/L-~----- Its: HOA Treasurer Phone: 760-434-6538 Date: January 28, 2011 «~~' ~ CITY OF CARLSBAD PROJECT NAME: Tamarack PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ----------------------------------------------------- APPLICANT NAME: Mobilitie, LLC ---------------------------------------------------- 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: Please see attached. P-1(8) Page 1 of 1 Revised 07/10 PROJECT DESCRIPTION FOR SD06919 Please refer to this project description for additional project information. ABOUT THE APPLICANT The APPLICANT, Mobilitie, LLC, ("Mobilitie"), is an owner/investor and lessor of capital assets to global telecommunications companies. Mobilitie,has contracted with T-Mobile to identify locations for, and facilitate the development of3-G and LTE coverage in the Carlsbad area. Please keep in context, that Mobilitie is the legal applicant and will own the tower, but the carrier that will be providing service is T -Mobile. T -Mobile is dedicated to bringing cellular services, including broadband to the City of Carlsbad. The existing T-Mobile coverage conditions in the City are below standards acceptable for either T-Mobile or its customers (including emergency responders). There are currently areas of little to no coverage within the proposed location, and this needs to be addressed as quickly as possible. ABOUT THE PROPOSED DESIGN The project herein involves the installation of aT -Mobile antenna on the rooftop of a residential apartment complex located at111 Tamarack A venue, Carlsbad, CA. Optimal installation of the antenna will include locating the facility on the highest point of the roof with RF transparent screening structured and textured to match the existing surroundings. The proposed location of Mobilitie, LLC, ("Mobilitie"), is the most favorable location for the location of a wireless facility. The applicant, Mobilitie, understands and supports the law that an applicant/carrier must identify the most suitable location and design for a wireless facility that meets the RF coverage objectives ofT-Mobile. SITE DEVELOPMENT STANDARDS AND BENEFITS The location, size, design, and operating characteristics of the proposed facility will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with the surrounding land uses. The proposed use is consistent with this finding in that: 1. The proposed equipment associated with the telecommunication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, or odors that could be considered objectionable. 3. The telecommunications facility is unmanned and only requires periodic maintenance, 1 which equates to approximately one trip per month. The proposed communication facility will not result in conditions or circumstances contrary to the public health, safety and the general welfare. The proposed use is consistent with this finding in that: Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunications facilities are based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components. Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. The proposed facility at the subject location will be unmanned, have no impact on circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available. The installation of antenna sectors and transmission equipment will not result in any material changes to the character of the local community. This proposed wireless telecommunications facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. PROJECT BENEFITS The proposed project will provide the following community benefits. • Alternative emergency response communications for police, fire, paramedics and other emergency services. • Better voice and reception quality through use of the all-digital technology. • Higher security and privacy for telephone users. • More affordable service due to increased competition in the market area. • Broadband services ABOUT THE LAND USE AND SURROUNDING PROPERTIES The proposed wireless facility will be located at Ill Tamarack Avenue on a lot that is zoned Residential Density-Multiple (RD-M). The current use of the property is a residential building. 2 Surrounding land use is Residential in all directions. Because of the varying topography, this is the only feasible property within the search ring that can achieve RF coverage objectives. Mobilitie is proposing to locate on an existing structure and concealing the facility so that the appearance of the building will not change significantly (a de minimis change will occur). ALTERNATIVE SITE ANALYSIS Within the area of necessity, as indicated on our RF maps, there are no collocation facilities in immediate area, nor any industrial, manufacturing or commercial zones. The area surrounding the proposed location is entirely residential, which the exception of one plot designated C-2 located just North of the proposed site. A restaurant and parking lot currently sit on the site. Unfortunately, this site does not work due to the fact that a proposed fauxpalm's facilities would result in a reduction of 4-6 parking spaces, which would potentially violate city parking ordinances. In addition, the faux palm antenna would inhibit current views. We also investigated the possibility of installing an antenna on the streetlight located at the comer of Carlsbad Blvd. and Tamarack Ave. The problem with this location is that the streetlight does not provide enough height for the antenna to be utilized effectively and that there is insufficient space to install the necessary ground equipment. It will also create a visual obstruction on top of the streetlight which would be aesthetically displeasing in connection with its surroundings. The proposed location's visual impact can be mitigated, and the antenna will be fully stealthed. In addition, we will not be increasing the height of the existing building, which is sufficient to maximize the effectiveness of the wireless coverage. All other preferred candidates are outside the search ring. CONDITIONAL USE PERMIT-Findings of Fact 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; The proposed use is desirable for the development of the community because it increases the level of wireless coverage. This benefits not only the residents and consumers within the area, but to emergency responders, which have been relying on wireless communication with increased frequency. The proposed use would provide that increased coverage in an area of deficiency. The proposed use consistent with the General Plan because the General Plan explicitly allows wireless uses, in areas designated as Residential when the existing use is not residential in nature. Applicant is not aware of any limitations on the proposed use imposed by specific plan or master plan, and does not have an impact on the objectives of the coastal program. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 3 -----------------, An increase in wireless coverage would not be detrimental to the residential zoning uses specifically permitted in the proposed location.An increasing number of consumers are using wireless communication as their sole means of telephone services. The proposed use would actually enhance the residents wireless coverage capacity and benefit the emergency responders in the area as discussed above. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development foatures prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood; The proposed antenna is consistent with all zoning requirements regarding yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in the local zoning ordinances, with the exception of the 30' height limitation, which we will be pursuing a variance to accommodate. With the relatively thin and unobtrusive nature of the antenna, the proposed use will not have a significant impact on the aesthetics of the location, or significantly impede the viewplanes in the neighborhood. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The proposed use does not increase the level of ingress or egress through the area and will have no impact of the traffic capacity of the current street system. VARIANCE-Required Findings 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; There is a lack of wireless service within the vicinity of the proposed location, without a variance in this location to install the antenna, the area surrounding the location will have significantly less coverage than other residential areas with identical zoning classifications. Mobilitie is not seeking to increase the height of the current building, but rather is seeking to locate on the rooftop and/or fa<;ade which is currently above 30 feet. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; The proposed use is only for a wireless antenna and does not constitute a grant of special privileges as it does not modify the property owner's structure or use of the property. As stated 4 above, it allows for the residents in the area to have comparable wireless coverage to their neighbors.Mobilitie is not seeking to increase the height of the current building, but rather is seeking to locate on the rooftop and/or fa9ade which is currently above 30 feet. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; As indicated in Carlsbad Municipal Code Section 21.24.020, a wireless facility is permitted by the current zoning designation. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; The proposed use is desirable for the development of the community because it increases the level of wireless coverage. This benefits not only the residents and consumers within the area, but to emergency responders, which have been relying on wireless communication with increased frequency. The proposed use would provide that increased coverage in an area of deficiency. The proposed use consistent with the General Plan because the General Plan explicitly allows wireless uses, in areas designated as Residential when the existing use is not residential in nature. Applicant is not aware of any limitations on the proposed use imposed by the coastal program, specific plan or master plan. 5. In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. The proposed use does not reduce or adversely affect the protection of costal resources. The structure will be fully stealthed in order to minimize any viewpoint obstructions. Moreover, the facility will not increase the height of the existing building. Looking North at building Looking Northeast at Building Looking East at building Looking South at building 5 Looking South Looking West 6 .. See attached photosims and plans for further illustration. If anyone has any questions, please contact the Applicant's representative, LiorAvraham at (619) 804-0487. 7 «~l•: ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit. • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person L\or .Av-rrA\N,.,W\ Corp/Part Mn\o\\ \~-U 1 z.._LL-' Title ~c~ _ _ Title ____________ _ Address I~ 4v 5:11:=-AvG-1 )ult\--e.-'2.-0) Address G(eO 1\wf<K-'-Cew~w De. 1 )JJ..._COO ~(A~ \)~OJ CA ,2--lO l ~ c:vN\ \S~ CA OJ-? f. D OWNER (Not the owner's agent) tW..J'_-f I.A[)(p Provide the COMPLETE. LEGAL names and addresses of Ab.b persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part io-'M-~~~LL Sh.()r?3 \.loA Title __________ _ Title 0 w '{'.ex: Address. _________ _ Address \\ \ 1~~(~C I& A\ft W\sk~0 CA 'luol Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfitfTrust. _______ _ Non ProfitfTrust. _________ _ Title ___________ _ Title _____________ _ Address _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes 0 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. see.. LoA Signature of owner/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ~ « .. ~~;~>,. ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): IZJ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application .![!contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: Mobilitie, LLC Name: Tamarack Condo Association Address: 660 Newport Center Drive, Suite 200 Address: 111 Tamarack Avenue Newport Beach, CA 92660 Carlsbad, CA 92008 Phone Number: 619-804-0487 Phone Number: --------------------- Address of Site: 111 Tamarack Ave, Carlsbad, CA 92008 Local Agency (City and county):_C_a_r_ls_ba_d_,_S_a_n_D_i_eg;;_o __ C_o_un_t;;_y ________________________ _ Assessor's book, page, and parcel number:_2_0_6_-0_1_1_-2_1 ______________________________ _ Specify list(s): ________________________________________________________ _ Regulatory Identification Number: ____________________________________________ _ Date of List: __________________________________________________________ _ APPiiCaflt Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: -~,L..._--__;~:.._-_1___:_/_-x-__ (To be completed by City) Application Number(s): __ G.=..._;V;,...._,ji:...,__ __ l_/_. ~--'------------- General Information 1. Name of project: _T_a_m_a_ra_c_k _______________________ _ 2. Name of developer or project sponsor: _M_o_b_il_iti_e_, L_L_c ______________ _ Address: 660 Newport Center Drive, Suite 200 City, State, Zip Code: Newport Beach, CA 92660 Phone Number: 619-804-0487 ----------------------------- 3. Name of person to be contacted concerning this project: _L_io_r_A_v_ra_h_a_m ________ _ Address: 1940 5th Avenue, Suite 201 City, State, Zip Code: _s_an_D_i_eg_o_, _c_A_9_21_0_1 __________________ _ Phone Number: 619-804-0487 ----------------------------- 4. Address of Project: 111 Tamarack Ave, Carlsbad, CA 92008 Assessor's Parcel Number: 206-011-21 ---------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _R_D_-_M ______________ _ 7. Existing zoning district: _c_a_r_ls_b_a_d _____________________ _ 8. Existing land use(s): _R_-_2 ________________________ _ 9. Proposed use of site (Project for which this form is filed): Unmanned Wireless Facility Project Description 10. Site size: ------------------------------ 11. Proposed Building square footage: _____ ..;__ ______________ _ 12: Number of floors of construction: N/A ---------------------- 13. Amount of off-street parking provided: _N_IA __________________ _ 14. Associated projects: _N_IA ________________________ _ P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _N_I_A ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _N_tA ____________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_IA ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _N_1A _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(0) Page 3 of4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 0 roads. 22. Change in pattern, scale or character of general area of project. 0 0 23. Significant amounts of solid waste or litter. 0 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 0 27. Site on filled land or on slope of 10 percent or more. 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 0 31. Relationship to a larger project or series of projects. 0 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: -~--~~t........:1'-1-(-l..f ~....--/ ___ _ Signature: -~;r';')k:..::.........;;_. --.f"~+-::-::...~....=..:::;....=:;....a,;:-.;;;._ ___ _ For: JAJab:{J,~, &(.c( • P-1(0) Page4 of4 Revised 07/10 «~ ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: !Ig_~glQP~I!! e f!t_$._gr~f~g s Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. ~---Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P·1(E) Page 1 of 1 Revised 07/10 --------------------~---------~ ... City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111g Ill~ 1111111111~1111111 Applicant: MOBILITIE, LLC Description Amount CUP11001 4,162.00 111 TAMARACK AV CBAD Receipt Number: R0083097 Transaction ID: R0083097 Transaction Date: 02/08/2011 Pay Type Method Description Amount Payment Cash 4,162.00 Transaction Amount: 4,162.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1103901-2 02/08/2011 98 - Tue, Feb 08, 2011 11:24 AM Receipt Ref Nbr: R1103901-2/0033 PERMITS -PERMITS Tran Ref Nbr: 110390102 0033 0034 Trans/Rcpt#: R0083097 SET#: CUP11001 Amount: Item Subtotal : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 00028246) Total Received: Have a nice day! 1 @ $4' 162 . 00 $4' 162.00 $4' 162.00 $4,162.00 $4' 162.00 $4' 162.00 **************CUSTOMER COPY************* a.l6919 1Wrnarack HOA 111 Tamarack Ave Carlsbad, CA 92008 ~ · ·lVIobil · ~---·""~~Sea facade mounted nas with skirts to be painted BAd textured to match existing building. 19 Tamarack HOA 111 Tamarack Ave Carlsbad, CA 92008 ~··Mobile· l -6919 .,.,arack HOA 111 Tamarack Ave Carlsbad, CA 92008 tF ··Mobile· • Existing Coverage without the site • ' .-~~,--. . ~ ~. ' ' •, I . -- Predicted Coverage with the site ~·----.... ' -' \, I ' . -- Microsoft• Virtual Earth''" 5006919 Tamarack 1 1 1 Tamarack Avenue Carlsbad, CA 92008 VIEW 1 APPLICANT Mobilitle 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 p 949.999.5779 Blue Water DESIGN Completed April 12, 2011 BLUE WATER DESIGN bluewater-design.net michelle@bluewater-design.net p 714.473.2942 f 949.271 .2560 Photo simulation accuracy is based on information provided to Blue Water Design by the applicant Microsoft• Virtual Earth Till 5006919 Tamarack 1 1 1 Tamarack Avenue Carlsbad, CA 92008 VIEW 2 APPLICANT Mobllitle 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 p 949.999.5779 Blue Water DESIGN Completed April 12, 2011 BLUE WATER DESIGN bluewater-design. net michelle@bluewater-design.net p 714.473.2942 f 949.271.2560 Photo simulation accuracy Is based on information pro'v'ided to Blue Water Design by Che applicant • Microsoft• Virtual Earth"" 5006919 Tamarack 1 1 1 Tamarac!< Avenue Carlsbad, CA 92008 VIEW 3 APPLICANT Mobilitle 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 p 949.999.5779 lnollilitie telecommunications infrastructure Blue Water DESIG N Completed April 12, 2011 BLUE WATER DESIGN bluewater-design. net michelle@bluewater-design.net p 714.473.2942 f 949.271.2560 Photo simulation accuracy is based on information provided to Blue Water Design by the applicant (~~CITY OF e FILE COPY ~CARLSBAD 5·11·1/ Planning Division www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: SD06919 TAMARACK WCF PROJECT NUMBER: CUP 11-01 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 February 8, 2011. The conditional use permit application is to allow for a Wireless Communication Facility. The project application is undergoing its initial review by the City. LOCATION: 111 Tamarack Avenue PROJECT DESCRIPTION: The project consists of the installation and operation of six antennas and associated equipment cabinets for T -Mobile wireless communications network. The antennas are proposed to be mounted on the existing residential condominium building. The equipment cabinets are to be located inside the existing parking garage. 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 Greg Fisher, Assistant Planner at greg.fisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® J~~ CITY OF VcARLSBAD FlLE COPY Planning Division www.carlsbadca.gov June 2, 2011 Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 · SUBJECT: 2nd REVIEW FOR CUP 11-01-SD06919 TAMARACK WCF The items requested from you earlier to make your Conditional Use Permit, application no. CUP 11-01, complete have been received and reviewed by the Planning Division. 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. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602- 2733. • Fire Department: Dominic Fieri, Fire Inspections, at (760) 602-4661. Sincerely, ~te~ CHRIS DeCERBO Principal Planner CD:GF:sm c: Tamarack Condo Association, Attn: T. Richard Evans, 111 Tamarack Avenue, Carlsbad, CA 92008 Mobilitie, LLC, Attn: Lior Avraham, 1940 5th Avenue, Suite 201, San Diego, CA 92101 Don Neu, Planning Director Tecla Levy, Project Engineer · Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e CUP ,11-01 -SD06919 TAMARACK WCF June 2, 2011 Page 2 ISSUES OF CONCERN Planning: 1. Based on the technical information provided and that no other feasible alternative preferred locations exist within the required search ring to accommodate the proposed WCF, staff is willing to support the proposed WCF at this discouraged location (Residential zone) as listed in Location Guideline A.2.b. of City Council Policy No. 64, the City's Wireless Communication Facilities Guidelines. However, staff does not support the proposed WCF's alternative design (use of RF screens to box in the antennas). As currently designed, the proposed fac;ade mounted antennas with RF screens in a "box" design appear to be an obvious "attachment" or "add-on" to the architecture of the building and readily noticeable. Staff has not supported this design technique to hide the antennas for new proposed WCF's for several years. To alleviate this negative appearance, and to comply with the stealth design criteria of City Council Policy No. 64, the proposed WCF must be redesigned so that the facility is better integrated into the existing architectural design of the building. The objective is to have the proposed WCF appear as an integral part of the building design. A possible solution regarding the proposed "box design" would be to extend the RF screen material along the entire length of the fac;ade/elevation in which the antennas are to be attached so that it appears to be an integral part of the building architecture. As previously suggested in the letter dated February 17, 2011, staff would be happy to meet with the applicant to discuss other design alternatives that would be acceptable to staff. 2. Regarding the applicant's response to item #9, the setback requirements for a WCF (both antennas and associated equipment) from a residential zone boundary have historically applied to both ground build designs as well as existing structures. Please relocate the antennas to comply with this guideline. 3. Upon re-submittal, provide the City's assigned project number (CUP 11-01) on Sheet T01 within the upper right hand corner and please update the revision block date on the lower right hand corner (Second Request). 4. The photo simulation for "view 3" is not very legible. After redesign, view 3 should be similar in clarity as photo simulation view 2. Engineering: None ..------,-----,--,,-----,,----------------------------------~llA-0 0-/ti/fl ,if~~ CITY OF ~PCARLSBAD FILE COPY Planning Division February 17, 2011 www.carlsbadca.gov Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 SUBJECT: ·1st REVIEW FOR CUP 11-01-SD06919 TAMARACK WCF Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit, application no. CUP 11-01 -SD06919 TAMARACK WCF, as to its cor:npleteness 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. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a deta11ed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. 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, February 8, 2011, 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. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733. • Fire Department: Dominic Fieri, Fire Inspections, at (760) 602-4661. s~Q((Jo CHRIS DeCERBO Principal Planner CD:GF:sm c: Tamarack Condo Association, Attn: T. Richard Evans, 111 Tamarack Avenue, Carlsbad, CA 92008 Mobilitie, LLC, Attn: Lior Avraham, 1940 51h Avenue, Suite 201, San Diego, CA 92101 Don Neu, Planning Director Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CUP 11-01-SD06919 T~ARACK WCF .. February 17, 2011 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Pease indicate if the T-Mobile sites shown on the coverage maps are either proposed or existing. Include the address for each T-Mobile Wireless Communication Facility (WCF) and provide a legend and explanation of the colors used in the coverage maps. 2. Please submit verification that the WCF is in compliance with FCC Guidelines. 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. 3. Please provide an 8 Y2 x 11" search ring map for your RF coverage objectives. The exhibit should include the boundaries that encompass the search ring for the proposed WCF site. This information will be used to help staff identify, if any, alternative sites not yet analyzed by the applicant that are listed as "preferred locations" within City Council Policy No. 64. 4. Please include the SDG&E power plant (smoke stack) site located just north of Cannon Road within your site selection process as an alternative "preferred location" to the proposed WCF site. If previously analyzed by the applicant, provide the technical reasons for rejecting this site. 5. Please expand on the alternative site analysis discussion by including technical evidence for rejecting these sites. 6. Because the proposed WCF is located in a discouraged location (Residential zone) as listed in Location Guideline A.2.b. of City Council Policy No. 64, the City's Wireless Communication Facilities Guidelines, staff is requesting a signed letter by a qualified individual (e.g. engineer) stating that there are no "preferred locations" as listed in Location Guideline A.1 of CC Policy No. 64 for the placement of the WCF within the search ring that is feasible and can achieve RF coverage objectives forT-Mobile. 7. In addition to the street light located at the corner of Carlsbad Boulevard and Tamarack · Avenue, please include the use of existing poles (e.g. street lights), substantially similar replacement poles in the same location, or vertical structures already located in the right- of-way along Carlsbad Boulevard as alternative locations to meet RF coverage objectives._ Public right-of-way of roads adjacent to residential zones and identified on the Circulation Plan contained in the Circulation Element of the City's General Plan are listed as "preferred locations" for the placement of WCF's in CC Policy No. 64 (A.1.j). 8. Identify each Sector ("A", "B", "C") on the elevations similar as shown on Sheets C01 & C02. 9. Pursuant to CC Policy 64 design guideline No. B-5a, when located next to a residential zone, the WCF should be set back from the residential zone boundary a minimum distance equal to the above-ground height of the antenna. Please provide the height of CUP 11-01-SD06919 TA.RACK WCF February 17, 2011 Page 3 each antenna and the distance to the nearest adjacent property line. It appears that antennas within Sector B are located within this required setback. The antennas should be relocated and/or lowered to comply with this guideline. 10. Please provide written authorization allowing T. Richard Evans, HOA Treasurer for 111 Tamarack Avenue, the authority to sign the Conditional Use Permit application and act on behalf of the Tamarack Shores HOA. 11. Provide a photo simulation of the proposed equipment location. 12. Please provide an early Public Notice Package. Engineering: None ISSUES OF CONCERN Planning: 1. Although the proposed WCF is located in a discouraged location (Residential zone) as listed in Location Guideline A.2.b. of City Council Policy No. 64, the City's Wireless Communication Facilities Guidelines, staff may support this site/location if no other feasible alternative exists. There is currently not enough information provided within the application to make a conclusive determination at this time. Staff will make this determination once incomplete item No. 3 above has been submitted to and reviewed by the City. However, staff does not support the design of the proposed WCF. As currently designed, the proposed fa9ade mounted· antennas with skirts appear to be an obvious "attachment" or "add.:on" to the architecture of the building and readily noticeable. To alleviate this negative appearance, and to comply with the stealth design criteria of City Council Policy No. 64, the proposed WCF must be redesigned so that the facility is better integrated into the existing architectural design of the building. The objective is to have the proposed WCF appear as an integral part of the building design. Staff recommends the following possible options so that the antennas blend in with the existing building architecture: a) relocate the antennas behind the existing parapet or building wall where they will be fully screened; b) recess the proposed antennas into the existing parapet or building wall; or c) add false architectural elements to the side of the parapet or building walls. Staff does not support the use of false architectural elements such as chimneys for the proposed WCF site. They would add height to the residential structure which is considered non-conforming as it exceeds the maximum building height allowed within the Beach Area Overlay Zone (Section 21.82 of the CMC). Staff would be happy to meet with you to discuss these or other design alternatives to the current WCF proposal at this site. Please call to set up a meeting so that the project can move forward and be processed in a timely manner. e CUP 11-01-SD06919 TAMARACK WCF February 17, 2011 Page 4 2. Upon re-submittal, provide the City's assigned project number (CUP 11-01) on Sheet T01 within the upper right hand corner and please update the revision block date on the lower right hand corner. 3. When the project has been resigned to comply with City Council Policy No. 64, please submit new photo simulations of the project as seen from the surrounding viewpoints. Please include the elevations and street names on the exhibits. Furthermore, the photo simulations should be enlarged to a scale that is clearly legible. 4. Please post on-site a project notice sign within 30 days of the formal application date. Please call your staff planner regarding this process if you have any questions. 5. This project will require a Coastal Development Permit issued by the California Coastal Commission since it is located within the Agua Hedionda Lagoon Segment Area of Deferred Certification, which means the Coastal Commission retains permit jurisdiction. The COP will be processed by the California Coastal Commission subsequent to the City's action on the Conditional Use Permit. Engineering: None