Loading...
HomeMy WebLinkAbout2000-09-26; City Council; 15912; GTE Wireless La CostaCITY OF CARLSBAD -AGENDA BILL AB# _h5:q 12 m: MTG. g/26/00 APPEAL OF GTE WIRELESS LA COSTA CUP 00-13 DEPT. PLN Up DEPT. HD. CITY ATTY. CITYMGR m RECOMMENDED ACTION: That the City Council ADOPT Resolution No. doOO- 300 00-13 and UPHOLDING the decision of the Planning Commission.’ DENYING the appeal of CUP ITEM EXPLANATION: On July 19, 2000, the Planning Commission conducted a public hearing for CUP 00-13 - GTE Wireless La Costa. The unmanned cellular facility project would consist of the installation of 12 panel antennas mounted on an existing SDG&E transmission tower with a 200 square foot equipment building near the base of the tower. The project site is located within the 100 foot wide transmission line open space easement between Esfera Street and Piragua Street, north of Cabo Court in the PC Zone and in Local Facilities Management Zone 6. During the public hearing, public testimony centered around concerns that the project would obstruct views and would be unsightly, that the sound of the air conditioning units would be too noisy, that the use was incompatible with the neighborhood and that the cellular facility may have health risks associated with it. A petition against the project was submitted at the meeting and is included as an attachment to this agenda bill. The Telecommunications Act of 1996 preempts local government from denying facilities based on health concerns related to radio frequency emissions and the licensure of the facility requires compliance with FCC health and safety guidelines. Therefore, the Planning Commission’s discussions focused primarily on neighborhood compatibility issues. At the request of the Planning Commission, the meeting was continued to August 2, 2000 so the applicant could investigate various options for lowering the equipment building into the ground so that there would be less of a view impact. The applicant revised the plans by lowering the building about four feet into the ground resulting in a building height of 8’ 7” as measured from natural grade. The location of the air conditioning units was also modified from wall-mounted units to ground-mounted units that would be set below grade. The applicant met with the area residents at the project site on July 27th to discuss the modifications to the equipment building prior to the August 2”d Planning Commission hearing. At the August 2nd hearing, the Planning Commission approved the project (4-l: 4 ayes, 1 nay, 2 absent) with the additional conditions that: 1) the building would be revised to a flat roof rather than pitched roof structure so that the height of the building would not exceed 6 feet above grade; and, 2) no other antenna would be permitted on the transmission tower. More detailed information regarding the proposal is included in the attached staff report to the Planning Commission and Planning Commission minutes. The project was appealed on August 11, 2000 and the reasons for appeal are included as attachment to this agenda bill. The attached Memo to the City Manager from staff clarifies and responds to the reasons for appeal. . . . . ENVIRONMENTAL REVIEW: PAGE 2 OF AGENDA BILL NO. 1 s 1 ‘? 12 ENVIRONMENTAL REVIEW: The construction and installation of small, new equipment facilities or structures is a Class 3 Categorical Exemption under the California Environmental Quality Act (Guidelines Section 15303). The FCC requires compliance with radio frequency power density standards (ANSI/IEEE C95.1- 1992) for the general public, therefore, the project would not have a significant impact on the environment. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. FISCAL IMPACT: All required street and infrastructure improvements needed to serve this project have been previously installed with the development of the La Costa Vale Unit #3 Subdivision. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. City Council Resolution No. -0 - 300 Location Map Planning Commission Resolution No. 4795 Planning Commission Staff Report, dated July 19, 2000 and August 2, 2000 Excerpts of Planning Commission minutes, dated July 19, 2000 and August 2, 2000 Neighborhood petition submitted at the July 19, 2000 Planning Commission meeting Excerpt from CC&Rs for La Costa Vale Unit #3 submitted at Planning Commission meeting Letter of appeal, dated August 11, 2000 Memo to City Manager in response to appeal letter. SITE PLAN (ON FILE IN THE CITY CLERK'S OFFICE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C I RESOLUTION NO. 2000-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, COMMISSION DECISION TO PERMIT TO ALLOW A FACILITY ON PROPERTY G ESFERA STREET AND PIRAGUA STREET, COURT, IN LOCAL FACILITIES MANAGEME CASE NAME: GTE WIRELESS LA COSTA CASE NO: CUP 00-13 / WHEREAS, on August 2, 2000, the Carlsbad nning‘ Commission approved a Conditional Use Permit CUP 00-13 to allow an unman cellular telecommunications facility; and WHEREAS, the appellant , 2000, timely filed an appeal with the City Clerk; and City Council of the City of Carls WHEREAS, upon co relating to the appeal. , 2000, the red said appeal; and ering the appeal, the City Council considered all factors BE IT HEREBY RESOLVED by the City Council of the City recitations are true and correct. the findings of the findings of the Planning Commission in Planning Commission herein by reference constitute . . . . . . . . 3 C PASSED, APPROVED AN Council held on the to wit: AYES: NOES: ABSENT: ABSTAIN CLAUDE A. LEWIS, Mayor ATTEST: (SEAL) -2- EXHIBIT 2 SITE GTE WIRELESS LA COSTA CUP 00-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 I PLANNING COMMISSION RESOLUTION NO. 4795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CELLULAR COMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED BETWEEN ESFERA STREET AND PIRAGUA STREET, NORTH OF CAB0 COURT, IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: GTE WIRELESS LA COSTA CASE NO.: CUP 00-13 WHEREAS, GTE Wireless of the Pacific, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by BCE Development Properties, Inc., “Owner,” described as Lot 401 of Carlsbad Tract No. 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. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - uE” dated July 19, 2000, on file in the Carlsbad Planning Department, GTE WIRELESS LA COSTA, CUP 00-13, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of July, 2000 and on the 2nd day of August, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES GTE WIRELESS LA COSTA, CUP 00-13, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed use benefits the community because of the demand for mobile voice and data transmissions; the site’s open space land use designation does not preclude the provision of quasi-public utility uses; and the use is not detrimental to existing permitted uses in the Planned Community zone. That the site for the intended use is adequate in size and shape to accommodate the use, in that the collocation of the panel antennas on the existing transmission tower does not impact the site; the equipment building can be located on the site without the need for variances from development standards; and there is adequate room to install landscaping around the structure to provide additional screening. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the location of the equipment room complies with the OS and PC zone development standards; chain link fencing and landscaping will be provided around the equipment room to reduce its visibility; and the collocation of the panel antennas on the transmission tower will reduce the visual effect of the cellular facility. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use would not generate additional vehicle trips beyond that necessary for regular maintenance and the existing dirt road located within the open space easement will be used to access the site. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303, which exempts the construction and installation of small new equipment facilities or structures, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 4795 -2- / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 1. If any of the following conditions fail to occur; or if they ‘are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 7. The Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PC RESO NO. 4795 -3- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of 5 years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions. Within six (6) months after the issuance of occupancy, the Developer/Operator shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI/IEEE standards. Said report shall be subject to review and approval by the Planning Director for consistency with the Project’s preliminary proposal report and the accepted ANSI/IEEE standards. If on review, the City finds that the Project does not meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 4795 -4- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 15. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4795 on the real property owned by the Developer. 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. 16. The building shall be revised to a flat roof structure not to exceed a height of 6 feet as measured from existing grade. 17. No other antenna or equipment shall be placed on the tower by GTE or their successors. 18. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. Code Reminders: 19. 20. 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” PC RESO NO. 4795 -5- lD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service .fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Cornmission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, and Trigas NOES: Commissioner Segall ABSENT: Commissioners Baker and Nielsen ABSTAIN: WILLIAM COMPAS, Chdrperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H Planning Director PC RESO NO. 4795 -6- *fhe City of Carlsbad Planning Departrum EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION& Item No. 4 0 Application complete date: May 25,200O P.C. AGENDA OF: July 19,200O Project Planner: Barbara Kennedy Project Engineer: Kathy. Farmer SUBJECT: CUP 00-13 - GTE WIRELESS LA COSTA - Request for a Conditional Use Permit to allow the installation of an unmanned cellular facility consisting of a 200 square foot equipment room and twelve (12) panel antennas mounted to an existing SDG&E transmission tower. The site is located within the open space easement between Esfera Street and Piragua Street, north of Cabo Court in the Planned Community (PC) Zone in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4795 APPROVING CUP 00-13 for a period of five (5) years, based on the findings and subject to the conditions contained therein. II. INTRODUCTION This application is a request for a conditional use permit to allow an unmanned cellular communications facility consisting of a freestanding 200 square foot equipment room and 12 panel antennas mounted to an existing SDG&E steel lattice transmission tower. Quasi-public utility facilities are permitted in the Planned Community (PC) zone by conditional use permit and all required conditional use permit findings can be made for the proposed cellular communications facility. III. PROJECT DESCRIPTION AND BACKGROUND The proposed communications facility, operated by GTE Wireless, is located within an SDG&E open space easement between Esfera Street and Piragua Street, north of Cabo Court. The 100 foot wide easement, which contains SDG&E transmission towers and lines, is bordered by single-family residential development. The proposal consists of the collocation of 12 panel antennas mounted to a 119 foot tall steel lattice transmission tower together with the construction of an unmanned 200 square foot equipment building. The 12 panel antennas are each approximately 8 inches wide by 4 feet long. The panels will be flush mounted to the tower at a height of 47 feet to the top of the antennas and will be painted to blend in with the existing transmission tower. The proposed 200 square foot equipment building has been designed with a stucco exterior and red tile roof to blend in with the surrounding residential development. In order to minimize any potential noise impacts, the air conditioning units will be located on the west elevation facing towards the easement rather than towards the adjacent residences. The building will be located about 12 feet northwest of the CUP 00-13 - GTE WIRL,cSS LA COSTA July 19,200O Page 2 transmission tower and 5 feet from the property line. The nearest residential structure is over 75 feet from the equipment building. A 6 foot high chainlink fence will surround the building and drought tolerant shrubs will be planted around the enclosure for additional screening. GTE Wireless is a cellular communications company licensed to operate in California by the Federal Communications Commission (FCC). Currently, there are four cellular sites located within Carlsbad and two additional sites are currently being processed. Although no additional sites are anticipated in the City of Carlsbad at this time, new sites may be necessary in the future to provide additional capacity if warranted by customer demand. The proposed facility is needed to provide coverage in the La Costa area. Currently, there is extremely limited coverage and the proposed site, located at the top of the hill, will provide the necessary height to provide unobstructed line-of-site transmission to existing cellular facilities to the south, east, and west. IV. ANALYSIS The proposed project is subject to the following regulations: A. La Costa Master Plan/Planned Community Zone (PC) (Chapter 2 1.38 of the Carlsbad Municipal Code); B. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); C. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval of this conditional use permit was developed by analyzing the project’s consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. La Costa Master Plan (MP 149)/PC Zone The proposed development is located within an SDG&E transmission line open space easement within the La Costa Vale Unit #3 development area of the La Costa Master Plan (MP 149 (0)). Accessory and quasi-public buildings and facilities, such as the proposed use, are allowed in all zones including the Planned Community (PC) zone with approval of a conditional use permit per Section 21.42.010(2)(J) of the Carlsbad Municipal Code. The La Costa Master Plan states that all uses and improvements within the open space corridors shall be governed by the Open Space (OS) Zone development standards. The only potential development standard that could be applied is in regard to a maximum 25 foot building height limit allowed in the OS Zone. The proposed building height of 13 feet complies with the height limit and the equipment building is set back 5 feet from the property line. The panel antennas will be mounted on an existing transmission tower and would not be subject to a height limitation. Visual impacts will be minimal in that the equipment building has been designed to be architecturally compatible with the surrounding residences in that it consists of a stuccoed building with a wood fascia and red tile pitched roof. Landscaping is also proposed around the exterior of the equipment building to provide additional screening. Additionally, the proposed panels will be painted to match the tower. The collocation of panels on the existing transmission /3 _- CUP 00-13 - GTE WJRELcSS LA COSTA July 19,200O Page 3 tower also minimizes the visual impacts of the project by eliminating the need to install a new pole structure to achieve the needed height to provide coverage. B. Conditional Use Permit Regulations Conditional uses such as cellular communications facilities possess unique and special characteristics which make it impractical to include them as permitted uses “by right” in any of the various zoning classifications (i.e., residential, commercial, office, industrial). The authority for the location and operation of these uses is subject to Planning Commission review and the issuance of conditional use permits. Staff has reviewed the proposed project and found that all the necessary findings can be made to approve the conditional use permit. The required findings and supporting facts are contained in Table 1, below. Table 1 - CONDITIONAL USE PERMIT FINDINGS AND RESPONSES size and shape to accommodate the use. accommodate the use in that the collocation of the panel antennas on the existing transmission tower will reduce the site impacts because no new pole structures are proposed and the equipment building can be located on the site without the need for variances from development standards. In addition, there is adequate room to install and maintained. CUP 00-13 - GTE WIRL,XSS LA COSTA July 19,200O Page 4 That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The use generates very little traffic, requiring only routine maintenance visits twice monthly and occasional visits in response to operational problems. The existing dirt road located within the open space easement will be used to access the site. C. Growth Management The site is located within Local Facilities Management Zone 6. The collocation of the panel antennas on the existing transmission tower and construction of the 200 square foot unmanned equipment room will not result in increased public facilities demands; therefore, the proposal will not exceed performance standards for public facilities. V. ENVIRONMENTAL, REVIEW The construction and installation of small new equipment facilities or structures is a Class 3 Categorical Exemption under the California Environmental Quality Act (Guidelines Section 15303). The FCC requires compliance with radio frequency power density standards (ANSI/IEEE C95.1-1992) for the general public, therefore, the project would not have a significant impact on the environment. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4795 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Letter from Lettieri-McIntyre & Associates, dated May 23,200O 6. Letters from property owners, dated June 15,2000, June 25,2000, and July 8,200O 7. Reduced Exhibits 8. Exhibits “A” - “E” dated July 19,200O BK:cs BACKGROUND DATA SHEET CASE NO: CUP 00-13 CASE NAME: GTE Wireless La Costa APPLICANT: GTE Wireless of the Pacific, Inc. REQUEST AND LOCATION: A request for a conditional use permit to allow the installation of an unmanned cellular facility consisting of a 200 square foot equipment room and 12 panel antennas mounted to an existing SDG&E transmission tower located within the open space easement between Esfera Street and Pirag;ua Street. north of Cabo Court. LEGAL DESCRIPTION: Lot 401 of Carlsbad Tract No. 72-20 (La Costa Vale) Unit No. 3, in the Citv of Carlsbad, County of San Diego. State of California, according to Map thereof No. 7950. filed in the Office of the Countv Recorder of San Diego Countv. June 3. 1974. APN: 223-240-23 Acres: 1.9 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: OS (Onen Space) Density Allowed: N/A Density Proposed: N/A Existing Zone: PC (Planned Cornmunihr) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning Site Planned Community North South East Planned Community Planned Community .Planned Community General Plan OS Current Land Use Open Space Transmission Line Easement RLM RLM OS SFR SFR Open Space Transmission Line Easement West Planned Community OS Open Space Transmission Line Easement PUBLIC FACILITIES School District: ENSD Water District: Olivenhain Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued- cl Certified Environmental Impact Report, dated •a Other, Cateaoricallv Exempt, Class 3, Section 15303 . JUN 19 ‘88 B3:ElPM LETTIERI-MCINTYRE & QSSOCIFITES P.218 DISCLOSURE STATEMENT AppIicant’s statement or dkiomre of ccltlin OWEI&@ irrterests on all applications which will require i discretionary action on the pm of the City Council or any appointed Board, Commission or Committee. The foI!owing infixmatios mm be dlsclosad at the time of appkatkm submittal. Your proiect cannot be revrewed until this information is completed. Please JJ& Person is adaed s ?&ly indlviQas firm, coqn~B=hip, .$d-‘ca-, associrdon, so&l club, htemal organkadon, co- W, trus& receiver, @Icat& in tU and-my .&~coumy, city and couuty, city munUpaiity, district or other politk&&dkMan ocaay,orhe? group or combinatiun acting s a Unix” Agents may S&I this Qcpmcnt; howmr, tht legal nammnd entity of the appli&t and propaq ownor kt be provided below. 1. APPLICANT (Not the rpplicant’s agent) Provide the CO- -08 and addrcsscs of A1IJ, persons having a financial interest in the ap$icarion. If the applicant includes a -II or r&n- include the names. title, addresses of all individti awning more than 10% of the shares. JF NO * MDIVIDUALS OWN MORE THAN to% OF THE SHARES, PLEASE WICAn NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a m include the names, tit& and addresses of the corporate officers. (A scparwe @age may be attached if =essPry.) ‘SEE ATTACHED Person corpht Title Title Address Address 2. OWNER (Not the owner’s agent) . Provide the COMPLETE. LEGa names and addresses of && persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (k, partnership, tenants in cpmmoa, non-profit, corporation, etc.). if tJ% ownership includes a orwershb include the names, title. addresses of all individuals owning more :f the shares. IF NO INDJVJDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE JNJXATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a m owned corwration, include the names.‘titlqs and addresses of the corporate ofilcen. (A scparart page may pmgached if necessary.) : TOWERx pcnon Thomas x. Casey, Esq. Grplpart San Diego Gas & Electkic Title Chapter 7 Trustee for Title SEE ATTACHED I pCE Development, Inc. '&&&:315l umay Avenue, Suita A-l Address Costa ~eoa, CA 92626 Nature of Cwnerohip: Bankruptcy Estate/Nh 2075 Las Prrimas Dr. l Carisbad, CA 92009-I 576 . (760) 438-M 61. FAX (760) 438-0894 JUN 19 ‘80 83:2lPM LETTIERI-MCINTYRE & QSSOCIQTES P.3& - . . 3. NON-PROFIT ANIZAT?ON OR TRUST If my PCSOII idtif%d pUfSUmt to (1) Or (2) above is anonrrroflt wtion or a u Iin be names and addresses of m person ~&kg tt~ an officer or director of the non-profit organiza6on OT BS trustee or beneficiary of the. Non Profiflrust WA Non ProWfrum WA Title Title . Address Adtires 4. Have you had more than $250 worth of business uansacted with any member of City staff. Boards, Commisdow. Commimzes and/or Council within the past twelve (12) months? cl Yes q No If yes, please indicate pan(s): .* NOTE: Atmch additianal sheem ifnecessuy. 1 CcrtifL that all the above inform&a is true and comet to the best of my knowledge. sea Attached Letters Signature of owncr/dm Thatnaa Ii. Casey., Esq. See A,ttacheU Lutter Signature of appliuntidaw . San Diego Cau & Electric GTE Whelcsa/WTS . Print or type name of owner Print Or Qpc name af applicant Kimberly Sheredy Print or type name of owner/applicant’s agent H:ADMINICOUNfER\Dl3CS~E SfATEMLM $198 Page 2 of 2 DISCLOSURE STATEMENT ADDENDUM GTE- La Costa Cellular Facility 1. APPLICANT INFORMATION: GTE Wireless of the Pacific, Inc. c/o General Dynamics/WTS 2835 Camino de1 Rio South, Suite 110 San Diego, CA 92108 GTE Wireless is a Publicly Owned Corporation CORPORATE OFFICERS: GTE Wireless One GTE Place, GAlB3LGL Alpharetta, GA 3’0004 Charles Lee Chairman, CEO Michael Masin Vice Chairman, President of International Daniel O’Brien Executive Vice President of Finance, CFO William Barr General Counsel, Executive Vice President of Government & Regulatory Advocacy J. Randall MacDonald Executive Vice President- Administrator of Human Resources 2. OWNER INFORMATION: San Diego Gas and Electric (subsidiary of Sempra Energy) 10 1 Ash Street San Diego, CA 92101 Nature of Legal Ownership: Publicly Owned Corporation CORPORATE OFFICERS: Richard Farman Chairman, CEO Stephen Baum Vice Chairman, President, COO Neal S&male Executive Vice President, CFO John Light Executive Vice President, General Counsel Jerry Florence Senior Vice President- Corporate Communications S VLANNING\GTEWTSUIB\~~~M~~ dot b’ GENERAL DYNAMICS i' 'WorldwideTelecommunic9tionSystems Mar& X2000 Mr. Tuliiel -r . lzhctnrof~ 1 ’ =YoJ- : I~kndryAvenue~‘ c8twad,cA92008~ 8#Devekpment~I~b~owrneraSthCpoperty~~wno~Pa~ oOoun~,CAand~~r~GtEW~otthePircfiSc,Inc. weI;aningperms&==-y*~ap~~d dii on the above referenced site. tR& 3351NrwayAvenw . . ” =6 *cEReveb~~ cc: OebbieCoSi, uuljs:*ning mbt) ’ . b @ -ikmlpra Energy March 15,200o m.MicbaelHo&riller Direofmenning city oftziuwad 1635 Faraday Avame (Iwsbad, CA 92008 DcarMr. Holzrdk sanDiegoG8sand~cistbe-oftbetfan- tower, locatsd on Assessor Pad Number 223-240-23, to which GTE Wdess is propusing to add a cehhr ctmmicatiops facility,,andhacbyapprovcsthe~~ccllulatfhcility#,belocatedonrhe~~~~~ site. June 3, 1999 Wireless Products and Services 12677 Alcosta Boulevard P.O. Box 5011 San Ramon, CA 94583-0811 510 277-9400 To whomever this may concern: GTE Wireless of the Pacific Incorporated author&s Let&i - McIntyre and Associates, Inc. employees to act on behalf of GTE as its agent for all land use entitlements in the greater San Diego, CA area. Should you have any questions or need further proof of representation, please do not hesitate to contact me directly at (925) 904-35 16. Thank you for your consideration. Mark Bullard Administrator, Property Management Pacific Coast Region A part of GTE Corporation i.t i-TII ICI-\~,t\-I ‘, lx -\\L’.A;icK-l-iTE>. I\< May 23,200O Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 SUBJECT: CUP 00-13- GTE WIRELESS- LA COSTA CELL SITE e. Dear Barbara: GTE Wireless appreciated the opportunity to meet with you at the subject La Costa cell site to discuss the proposed facility and issues raised in the City’s Completeness Review Letter dated April 13, 2000. The Completeness Review Letter identified aesthetic concerns with the cluttered appearance of the proposed collocation on an existing SDG&E steel lattice transmission tower and recommended that GTE evaluate an alternative of a stealth collocation on one of the surrounding residences. At the site visit, you recommended that GTE submit written documentation of the information presented at the site visit. As requested, this letter provides: 1) additional background information on wireless technology, 2) GTE’s coverage objectives for this area, and 3) alternative sites initially considered by GTE, 4) the results of GTE’s analysis of the feasibility of relocating their proposed facility on an existing residence and 5) project design revisions made by GTE in response to the City’s concerns about potential aesthetic impacts. Background Information on Wireless Technology Wireless communication systems operate on “line-of-sight” technology to provide phone service within a coverage area. The Federal Communication Commission (FCC) allocates each cellular provider 416 channels and one channel is needed for each phone call. To provide the needed system capacity, the 416 channels are reused throughout the system. If sites using the same channels can “see” each other, this creates interference within GTE’s phone system, resulting in poor call quality or dropped cells. Consequently, sites must be located high enough to “see” the desired coverage area, but not too high to “see” other sites, which causes interference problems. Additional sites are added to the system to expand the coverage and capacity of wireless phone service. As the system continues to grow and new sites are added, there is less flexibility in the location of the new sites because the coverage areas are getting smaller and closer together. It is also important to note that the grid pattern of sites for each wireless provider is different. While sometimes a particular site may provide the desired coverage for multiple providers, other times a particular site will not meet the needs of different providers hased on: 1) differences in their system grid pattern which affects coverage area objectives and 2) the radio frequency (RF) frequency of the provider (i.e., cellular versus PCS). Cellular communication systems operate in the 800 to 900 megahertz portion of the spectrum. There are only two cellular providers in each market. PCS (Personal Communications Service) such as PacBell, operates in the 1800 to 2200 megahertz portion of the spectrum. Because PCS operates at higher frequencies with shorter wavelengths, the RF signal for PCS does not propagate as far compared to the lower frequency/longer wavelength of cellular’s RF signal. Consequently, PCS 1531 b’ourth .A\ cnuts, Suite 4.30, San Diego, Caliiornia Y21tli-3152 // (hlcJ) 23R-4241 ,i FAX (0 I Y) 2wLr72 Barbara Kennedy May 23,200O Page 2 systems are characterized by more, smaller facilities that are lower in elevation and provide coverage to smaller service areas compared to cellular systems that tend to require fewer, larger sites with taller height requirements. GTE 3 System Design and Coverage Objectives Approximately 85 percent of GTE’s existing facilities are “stealth” sites involving collocations on existing structures or architectural/design solutions to minimize visual impacts of the facility. GTE Wireless pursues “stealth” facilities whenever possible to minimize the cost and time involved in obtaining the required zoning approvals. The proposed facility is needed to provide coverage in the La Costa area. As shown on the enclosed map of “Current Coverage Before the La Costa Site” (Figure l), there is extremely limited coverage in the La Costa area. The map indicates a signal strength of -80 dBm which is the minimum level required to provide adequate coverage. The green area represents where there is existing coverage while the gray area represents areas lacking adequate coverage. The La Costa site, located at the top of a hill, provides the necessary height to provide unobstructed line-of-sight transmission to existing cellular facilities to the south, east and west. The enclosed “Proposed Coverage for La Costa” (Figure 2) map illustrates the extent of the coverage (shown in green) that will be provided in the La Costa/southeastern Carlsbad area by the proposed site. The coverage map clearly illustrates how the proposed facility would meet the coverage objectives discussed above as well as provide the needed link to the adjacent sites in the surrounding area. I have also enclosed a composite Thomas Brothers map identifying the location of GTE’s existing and pending sites in the surrounding area to illustrate how the proposed site fits into GTE’s established network. GTE currently has four existing sites within the City of Carlsbad, as described below. Cell Site Location Carlsbad 10 15 Chestnut Avenue Encinitas 6727 El Camino Rea Poinsettia 760 Macadamia Drive Racewav 27 14 Loker Avenue West Description Screened rooftop antennas 60’ monopole adjacent to the Twin “D” water tanks Screened rooftop antennas Facade mounted antennas In addition, GTE is currently processing applications for two other cell sites in the City of Carisbad. These include a rooftop building collocation at 5823 Newton Drive near the intersection of College Boulevard/El Camino Real and a monopole near the intersection of Tamarack/El Camino Real. No other sites are anticipated in the City of Carlsbad at this time. However, additional sites could be necessary in the future to provide additional capacity if warranted by customer demand. Alternative Sites Initially Considered by GTE To meet the coverage objectives for this site, GTE needs antennas that are positioned to “see” the areas surrounding the site to the south, east, and northwest (i.e., the directions the antennas would face on the tower). The SDG&E transmission towers are the only existing structures in the area that Barbara Kennedy May 23,200O Page 3 provide the necessary height to meet the coverage objectives. GTE initially evaluated three different SDG&E towers illustrated in Figure 3 (Alternative Sites Considered) as potential candidate sites: l Tower #I 7 1 is located on a knoll on the east side of North Randho Santa Fe Road. This tower is located too far to the east to provide the desired coverage. In addition. this more remote location would result in problems extending the necessary utilities (telephone lines, electricity, etc.). l Tower #172 is located between the proposed site and North Ranch0 Santa Fe Road. This tower is too low to meet the coverage objectives. l Tower #I73 is the proposed project site. This location is at the ideal elevation to “see” in all three directions to provide the needed coverage to the surrounding areas. Residential Collocation Alternative To address the concerns raised by staff regarding the cluttered appearance of the proposed facility and their recommendation to collocate on a residence like PacBell, GTE’s RF engineers have completed a comprehensive evaluation of the surrounding residences to determine if any of these sites would adequately meet GTE’s coverage objectives. GTE first evaluated PacBell’s proposed site located at 7412 Cadencia Street that was recently approved but not yet constructed. This site is at a much lower elevation on a hillside and only shoots down into the valley to the north. In order for PacBell to improve wireless coverage in the eastern portion of La Costa, it requires three separate PCS facilities. As discussed previously, PCS systems tend to have more, smaller sites at lower elevations compared to cellular service due to the difference in the spectrum frequencies that result in shorter signal propagation. In order for GTE to provide coverage for the same area, only one facility is needed at a higher elevation. Consequently, the location and elevation of Pacific Bell’s Cadencia Street site is not compatible with GTE’s coverage needs for the area. GTE then evaluated the surrounding neighborhood to determine if there were any residences with sufficient elevation to provide the needed coverage. The residences located at the highest elevation occur along Fosca Street immediately to the east of the SDG&E transmission tower corridor (see Figure 4). However, even these homes are not high enough to provide the required line-of-sight coverage. In addition, there are significant differences in the size and type of equipment between PCS and cellular providers that affect the feasibility of collocating a facility on an existing residence. While PacBell could easily architecturally integrate its three “relatively small” antennas (quoted from the Negative Declaration) into a 4’ x 4’ x 4’-8” faux chimney feature, GTE’scellular equipment is too large to allow a stealth collocation on a residence. GTE’s cellular system requires twelve four-foot- long panel antennas, with four antennas grouped into a sector oriented in a specific direction to interface with the adjacent cell sites. Within each sector, the antennas must be mounted to provide a minimum of one foot of horizontal separation between the antennas. If GTE were to build a faux chimney, it would have to be very large (i.e., a minimum of eight feet wide) and would not tit into the architectural character of the neighborhood. In addition, GTE would need to build two or three faux chimneys to accommodate the 12 antennas and provide the required orientation. There would also be significant structural issues if GTE were to locate the antennas on the roof of an existing Barbara Kennedy May 23,200O Page 4 residence or if another type of architectural feature were added. In addition, GTE needs a 10’ by 20’ equipment shelter to store the radio equipment that would need to be located on the residential lot. Other Alternative Designs Monopalm - GTE also considered the possibility of utilizing a monopalm (i.e.. a faux palm trees with the antennas screened by artificial fronds) in the same area as the proposed facility as an alternative to collocating on the transmission tower. It was felt that a monopalm would be more visually obtrusive than mounting the antennas on a transmission tower. In addition, SDG&E does not allow other vertical elements to be added within their transmission corridors. If the monopalm were to be located on a residential property, it would need to be approximately 50 feet tall to provide adequate coverage and an interested property owner would need to be identified. Monopine - Similarly, a monopine or faux pine tree could be proposed. This presents similar issues as discussed above for a monopalm except that the monopine would need to be at least IO feet taller to provide for pine branches above the antennas. Four-in-One Panel Antennas - Sometimes a four-in-one (4:1) antenna configuration can be used where four panel antennas are vertically stacked creating the appearance of one long panel antenna approximately eight feet tall. A 4:l antenna configuration is not feasible on the SDG&E transmission tower for two reasons. First, SDG&E’s location criteria require that the top of the antennas be a minimum of 16 feet below the lowest power line. This spacing requirement combined with the additional 7 feet of clearance needed for the vertically stacked antennas does not provide the needed elevation to maintain the required line-of-sight coverage. Second, SDG&E needs to maintain three feet of clearance around the tower legs for climbing purposes and therefore does not allow antennas to be mounted on the legs of their transmission towers. Relocate the Equipment Building - The City’s Completeness Review Letter requested that the equipment building be relocated directly north of the transmission tower to minimize the impacts on the view into the open space area. Again, SDG&E’s siting criteria precludes relocating the equipment building since SDG&E requires that encroachments into their corridors be minimized. In summary, GTE has completed an exhaustive search of alternative facility locations in the surrounding area and has determined that the transmission tower is the only hilltop location that meets their coverage needs. The differences between PacBell’s and GTE’s technology and coverage objectives prevent GTE from installing a facility similar to PacBell’s. The differences in antenna design, the number of antennas required, and their orientation make it impossible for GTE to design a faux chimney on an existing residence. In addition, there are no residences in the surrounding area with suficient roof height to provide the needed line-of-sight coverage. The proposed collocation on an existing 119’2” tall steel lattice transmission tower is the only feasible alternative since it is the only existing structure that provides the needed height to provide the line-of-sight coverage. The proposed project minimizes the visual impacts by collocating the . panel antennas on an existing public utility structure and eliminates the need to install a new pole structure to achieve the needed height to provide coverage. The addition of GTE’s 8”-wide panel Barbara Kennedy May 23,200O Page 5 antennas will have a negligible visual impact given the complex pattern of the cross pieces on the steel lattice tower (see enclosed photo simulation- Figures 5 and 6). To respond to the City’s concerns about potential aesthetic impacts, GTE has proposed several design revisions listed below to make the facility as stealth as possible. 1. Painting the panel antennas to match the existing transmission tower. 2. Utilizing a state-of-the-art panel antenna that reduces.the width of the antenna from 12” to 8” (see enclosed photo- Figure 7) to blend with the crosspieces. 3. Utilizing a state-of-the-art antenna with electronic down-tilting to allow the antennas to be flush mounted on the tower instead of being physically tilted. 4. Eliminating the microwave dish antenna. 5. Enhancing the design of the equipment building by adding a tile roof (Valencia) and a stucco exterior (Pebble) as well as a fascia (Moorwood) to the equipment building. 6. Providing landscaping (eight 15-gallon knife acacias and fourteen 5-gallon wild lilacs) to screen the equipment shelter and the chain link fence. We hope that with this additional information, staff will reconsider their position on the proposed project. We would request that the CUP be docketed for a Planning Commission hearing as soon as possible since there are no other viable alternatives for GTE to pursue. Please feel free to contact me at (619) 238-4241 if you have further questions about the project. Sincerely, LETTIERI-MCINTYRE AND ASSOCIATES Deborah L. Collins, AICP Senior Project Manager Enclosures: Map of GTE’s Surrounding Site Locations Figure 1 - Current Coverage Before the La Costa Site Figure 2 - Proposed Coverage for La Costa Figure 3 - Alternative Sites Considered Figure 4 - Photograph of the Existing Residences along Fosca Avenue Figure 5 - Photograph of Existing SDG&E Tower Figure 6 - Photosimulation of the Proposed Facility Figure 7 - Photograph of the Proposed Panel Antenna cc: Virginia Partridge, GD/WTS Ron Enalen, GTE S \PLANNING\GTEWTSUI8Ms inter dot June 252000 Barbara Kennedy City of Carlsbad 1615 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Cup OO-13-GTE Wireless-La Costa Cell Site Dear Barbara: This letter is to inform you that we are vehemently opposed to this call site and associated building proposed in the SDG&E easement adjacent to our property. The existing large tower was there when we moved here. However, we understood that this easement was to be used only for SDG&E. Anything added would be obnoxious and depreciate our property value. We are asking the City of Carlsbad and the Planning Commission to not allow this eyesore to be constructed in our backyard. Sincerely, John and Ann Hopp 3329 Fosca Street Carlsbad, CA 92009 cc: Lettieri-McIntyre & Associates, Inc. 1551 Fourth Avenue San Diego, CA 92101-3152 a9 333 1 Fosca Street Carlsbad, Ca. 92009 June 15,200O Barbara Kennedy City of Carlsbad 1615 Faraday Avenue Carlsbad, Ca. 92008-73 14 Dear Barbara; This is in reply to a letter we received from Lettieri-McIntyre & Association regarding the proposed ‘Wireless La Costa Cell Site” for G T E. We are requesting that you not allow G T E to put any storage facility in the open space adjoining our property. We do not want any building of any kind, regardless of their proposed landscape plans for the site. Also.to add anything on the big Tower would further depreciate our property value. We chose to live in Carlsbad for many reasons, one of them being the preservation of the natural landscape and the open space, especially here in La Costa We are trusting the Planning Comission and the City of Carlsbad to protect us and our property from those who would profit at our expense. Please: Please: do not permit G T E to put these eye sores in our community. cc; Lettieri-McIntyre & Associates, Inc. 1551 Fourth Avenue San Diego, Ca. 9210 l-3 152 y? bf Sincerely; * .-. h ” ?g$; ;$&g* &- / C.&j 06 Cahesbad 1635 Famiay Avenue C&bad, CA 92008-7314 JyLy 8, 2000 Re@~ence~ : Case Name-GTE UUZ.&.AA Case F&: 00-13 la Co&u 2 am exahemd!y again42 any add.Monat powa tXne4 ok wn~ZkcaXon to tie ex- ht.ing ;buw~. &hen we puda~ed &A home aA 3325 Fodca St., we wtva awaRe 06 tie tiweh bu+t choose 20 pay an addLt.ionat amount do& a VW Lolt. Que .to unwopu~- tive neighbou ok en~oue~~& by tie city I have been d&ed my V&W. (Lkwangtip&cead~naeeq~en;t, I &sat tie city .i.A n0.t Aflowing any wn- s.idenation dot L.& M&&I.& .tht have Ito bm tie high& 06 it. Ab heen in O&WI CMUXA .MA u&t not be tie en&o add&hat e~ui.pmenX being added and maybe a genwn sXa.Gon tuU appeiv~. Tfti~ a&on CcLcee devatua&e my pnopWy. 12 .i.A wmmoney known many &lbznA @ul Living neuk itf& 4oti 04 ZtWe& eZc. Add&g metre Xo tie pu&en.t Atie ulouikf make p&h&m uu~~be. The Land&aping Plun Itha;t appear on Jams R. Iveh6en a complete 0vuuU. @?tzit@ Wzae in CabL~omia doed atyzfkng g/tow u&thou*t WM ’ tie exc,qxtion 06 we& and c&u. Kim&y cfach .the w&ix wnbmvtin m&hod6 pah. 7. They 2fu.k Lt w.iU di6gh.a tie building Cohen KUU h not needed? See la&t Aentence pam. 7. The tandscapet~ cettahty doesn’t know much abourt pean;tS. F~uL&Jww&~, 14-5 gal. p.tan& t&U YWX di6gui.a the bf,ddhg. You tui.U need 10 521. A%UA tha+t am 15 g&n OA 25 gatton t&h a continued a&oma$ic tiehhg AyAtm. 2 am wtXa.in otierr duvlange~~~.Z~ cot&i be made avUab.te id tie &ty uwutd demand mohe 4656euhch. The city wLt.t be 9eLti.q lthe revenue rokiee we tive tu.i#h it. I &et 2hu.t .#te &OA~AX /re~idenZ~ to 2h.i.~ pkojec2 Ahoutd be given monukky wnhdu&i.un do& lthe devnPllntidn 06 OWL p~~paib. S.&W&j, &&h&J h&d EATRICE R. KANE “‘1 *aI vu WC” IJ.‘, I-.%A IOU 103 1057 JOHS Ah-D A&N EOPP @loo1 July 18,2CMM Barbara Kennedy city of Carl&ad 1615 Faraday Ave Carlsbad, CA 92008-7314 Subject: Cup 00-l 3-GTE Wireless-La Costa Cell Site DearBarbaraKeunedy, We are requesting that the planning commission does not permit GTE to use the SDG&E tower or land surrounding it, for their company’s equipment. The building is proposed to be next to our back fince. The entire proposal is extredy intrusive and offensive. I take great issue with the wording of the planuing commissions findings that this is “necessary & desirable”. This is not necessary and it is most dewely not desirable. When the commission states, The cobcation ofthe panel autumas on the existing transmission tower does not impact the site-, then, they failed to complete their fesearc h. Nooneonthe planning commission looked at the site tirn the back of our home or our neighbors. The noise f&ztor associated with the proposed building isn’t even addressed or researched. We have lived in this home fbr 20 years. Ahhough we haven’t always agreed with the City’s decisions, during those years we have been tivorably impressed with the concern the city has had fbr it’s citizens. This would be the exception. Regards, Mike and K&y Welch cc: Let&i-McIntyre & Associates, Inc. 1551 Fourth Avenue San Diego, Ca 92101-3152 July 12, 2000 Barbara Kennedy City of Carlsbad Planning Dept. 1615 Faraday Ave. Cartsbad, CA 92008 Re: CUP OO-13-GTE Wireless/La Costa Cell Site Dear Ms. Kennedy: This letter is in response to an information packet received from Lettieri-McIntyre regarding theproposed GTE Wireless Cell site. We are opposed to any development on the easement which adjoins our house. When we purchased this property, our title policy quoted this area as an “open space easement” to be used only by SDG&E for “tree planting and trimming, underground conduits, and incidental purposes.” SDG&E’s towers are already an eyesore to the community. To now adorn them with 12 GTE antennae would add insult to injury. To make matters worse, GTE needs to erect a 200 square foot storage facility and City Planning has required GTE to plan for a 15 ft tall “storage” building that “more closely resembles” the dwellings in the neighborhood. This is not an enhancement of the open space, no matter how much landscaping is offered. This is an area where people walk their dogs and kids ride bikes. Based on its previously stringent policies, how can the City of Carlsbad allow this open space easement to be utilized in this manner, particularly when so many local property owners would be impacted because they adjoin this site? Additionally, the photo simulation, figure 6, of the “site” which was enclosed in the info packet (sent to only a few property owners), is not a clear representation since it fails to show the proximity of the proposed structure to the existing homes. If this structure is built, many of us would then have a direct view of the 15 foot high GTE storage facility surrounded by chain link fencing, not an attractive addition to any neighborhood. We look to the Carlsbad Planning Department for leadership in denying this request to locate a GTE Wireless Cell Site on this open space easement Sincer y, 9 ..-? / /’ ’ >,,1 r/~L(~~.~~ ,,.’ ,.y.&+/(’ , c I . 9 Monica M. Jellinek 3312 Cabo Ct. Carlsbad, CA 92009 33 7328LasBtiCud cadsbe4ca92009 July 16,200O hachaclJ.Ho~ city ofcacldmd 1615 Famday Avame CarlQaQ Ca 92008-73 14 c!as File; CUP 00-13 CaseName:GTEWirdessLaCosta .* cc: L&aic?i~ & AssociatcL Inc. 155 1 Fourth Avam saaDiegq ca92101-3151 34 0619 S&t OSf. ess:Lo 00 ~1 Inf _- . $8 ; ;:& ,... :G& , ‘.,5 I PHILIP D.CANCELLIER 3323 Fosca Street Carlsbad CA 92000 July 12, 2000 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 9'2008-7314 Case File: CUP 00-13 Case Name: GTE Wireless La Costa Dear Sir or Madame: I am against GTE's proposal for a "cell site" to be located adjacent to my property. The addition of GTE cells to the SDG&E tower will create addition pollution to our neighborhood and particularly to my property and my family view. The engineers at GTE are astute enough to find other sites or means to accomplish their goals without adding to the visual pollution in our neighborhood. I am a subscriber of GTE cellular service and have not noticed any problem using their service within the area outlined. I request the Planning Department and the City of Carlsbad to refuse GTE request to locate their cellular equipment in our neighborhood. Sincerely, Philip D. Cancellier 1::::: Zr.:c PpIly s-27:;; ” - VlSWVl I .” I ll~m&g$~,,= ‘Yq -- - - J -““a- - II - .I” .I. m.‘, . ..U . ..m> ,I” ,.,.I LT.“-. -I,.“. 1- .‘“l..mI.. I’ 3”IUUY,, # “3”” ” c - “Ij)qg=F- 3 AI + f Ipy , ..” IS. 11, n.5. .I .““., Y. #“.I “.a-. “.I I,.“. a-, . .,.a. _I.. ,u!“u*I, :: I”3YI I: --I-- w.so3n Ii I_ ” I*- =%ax8g - /i I \r / % 8 / (ilr:ilii:i~jJll~;i.li!.,,: “;‘~~‘..‘i‘, ‘ii !I: 1 ,: j( “, 1 ..;L;: 1 .’ - II Ll - the City of Carlsbad Planning Departmbtilr A REPORT TO THE PLANNING COMMISSION Item No. 2 0 P.C. AGENDA OF: August 2,200O Application complete date: May 25, 2000 Project Planner: Barbara Kennedy Project Engineer: Kathy Farmer su B JECT: CUP 00-13 - GTE WIRELESS LA COSTA - Request for a Conditional Use Permit to allow the installation of an unmanned cellular facility consisting of a 200 square foot equipment room and twelve (12) panel antennas mounted to an existing SDG&E transmission tower. The site is located within the open space easement between Esfera Street and Piragua Street, north of Cabo Court in the Planned Community (PC) Zone in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4795 APPROVING CUP 00-13 for a period of five (5) years, based on the findings and subject to the conditions contained therein. II. BACKGROUND This item was discussed at the July 19, 2000 Planning Commission meeting. At the request of the Planning Commission, the meeting was continued to August 2, 2000 so that the applicant could investigate various options for lowering the equipment building into the ground. The applicant has modified the design of the proposed building as shown on the enclosed plans. The attached letter from Deborah Collins, Lettieri-McIntyre and Associates, Inc. dated July 24,2000, describes the proposed modifications in detail. ATTACHMENTS: 1. Planning Commission Resolution No. 4795 2. Letter from Lettieri-McIntyre and Associates dated July 24,200O 3. Letter from property owners dated July 2 1,200O 4. Staff Report dated July 19,200O with attachments 5. Revised Exhibits “A” - “E” dated August 2,200O JUL 25 ‘80 69:5EQM LETTIERI-MCINTYRE & QSSOCIATES P.2/7 . . LE’TIIERI-MCINTYRE AND ASSOCIATES, INC. July 24,200O Barbara Kennedy City df Carkbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 SUBJECT: CUP 00-13” GTE WIRELESS- LA COSTA CELL SITE Dear Barbara: . As directed by the Planning Commission at the hearing on July 19, 2000, GTE has modified the design of the proposed equipment building to reduce its height above ground level. As indiCated on the enclosed revised site plans, the equipment building will be recessed four feet below the existing ground level. In addition, the slope of the tile roofhas been flattened from a 4:12 pitih to a 3:12 .’ pitch to reduce the height of the roof from three feet to 2’-7” while still maintaining the architectural fkature of a pitched roof. The net effect of these two design changes is to ,reduce the height of the building above the existing ground level by 4’-5”. This results in an above ground building height of 8’-7” feet., compared to the 13-foot-tall building height that was reviewed at the July 19, 2000 Planning Commission hearing. Three other design changes are also included in the revised site plans. First, for kcuritj, reasons, the vinyl-coated chain link ‘fencing will be replaced with a decorative wrought iron with outward curving p&s to prevent anyone from being able to climb over the fence and onto the roof of the equipment building. Second, to further address conditions about noise from the air conditioning units, the proposed wall mounted air conditioners have been replaced with ground mounted air conditioners to be lo,cated on the building pad four feet below the natural ground level. This below ground location will further attenuate sound from the air conditioners. Third, based on input fkm , SDG&E, the two existing palm trees will be removed since SDG&E does not allow vertical features above 15 feet in height in their transmission corridors. In addition, you are invited to attend the meeting we have scheduled with interested residents for Thursday, July 27th at 5:30 p.m. at the project site 10 review the revised site plans prior the.August 2nd Planning Commission hearing. Sincerely, LETTIERI-MCINTYRE AND ASSOClATES Deborah L. Collins, AlCP . Senior Project Mtiager CC; Virginia Partridge, General Dynamics WTS 1551 Fourth Avenue, SuitekO, San Diego, CaIifomia 92101-3152 / (619) 2384241. / FAX (619) 238-9772 Cleo and Leif Gihbsson 3315 Cabo Court Carlsbad, CA 92009-7803 Carlsbad, July 2lst. 2000. -\ ~ Barbara Kennedy City of Carsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 \ : ~ Unfortunately we were away when the Carlsbad City Council meeting on July 21st. took place to discuss the GTE antenna in our neighbourhood. We will not be home on Aug. 2nd. either and therefore send this letter of objection instead. We have seen the papers and pictures and oppose the building of the antenna and the equippment building as it is shown. We suggest that the whole thing be placed on top of the hill near the water tank. It should still be in the line of sight from the valley, and would not interfere with the neighbours. The noice from the air conditioners would not be heard either. Our house has two 2nd. floor bedrooms and a veranda which face the tower where the antenna and equipment building is proposed being built. We are sure there must be better alternatives for placing the antenna that would not be objectionable to the neighbours. Sincerely Cleo Gihbsson ,- PLANNING COMMISSION July 19, 2000 EXHIBIT 5 Page 5 PUBLIC HEARING: 4. CUP 00-13 - GTE WIRELESS LA COSTA - Request for a Conditional Use Permit to allow the installation of an unmanned cellular facility consisting of a 200 square foot equipment room and twelve (12) panel antennas mounted to an existing SDG&E transmission tower. The site is located within the open space easement between Esfera Street and Piragua Street, north of Cabo Court in the Planned Community (PC) Zone in Local Facilities Management Zone 6. Associate Planner, Barbara Kennedy presented agenda item #4 as follows: GTE Wireless is requesting approval of a Conditional Use Permit to allow the collocation of a cellular communications facility on an existing SDG&E transmission tower. Referring to an overhead slide, Ms. Kennedy stated that the site is located in the open space easement between Piragua and Esfera Streets, and abuts the rear yards of homes on the north side of Cabo Court and the south side of Fosca Street. The proposal consists of the installation of 12 panel antennas on a steel lattice transmission tower. The tower is 119-feet tall and the top of the panels will be 47-feet above grade level. A 200-square foot equipment building is also proposed near the north side of the easement, slightly west of the tower. The one story building has been designed with a stucco exterior and tile roof so that it blends in with the neighborhood. Drought tolerant landscaping will be planted around the equipment building to screen the structure. In order to reduce the visual impact of the facility, the project was scaled down from the original proposal by reducing the size of the panel antennas and eliminating a proposed satellite dish. The panels are approximately 4-feet tall and 8-inches wide. The panels will be painted to match the transmissions tower. Arrays of four panels will be located on three sides of the tower. By collocating the panels on the existing tower, it eliminates the need for the construction of monopoles or unsightly support towers. In order to recommend approval of the project, the four findings required for a Conditional use Permit must be made: 1. It must be determined that the use is necessary or desirable for the development of the community, that it is in harmony with the General Plan, and that it is compatible with surrounding uses. The use provides a public benefit for individuals, businesses, and emergency services. The proposed facility will provide the needed coverage for the La Costa area. Therefore, the use is desirable for the development of the community. The use is consistent with the Open Space General Plan Land Use Designation since quasi-public utility uses can be permitted with approval of a Conditional Use Permit. The project has been designed to be compatible with the neighborhood and the proposed collocation on the existing tower eliminates the need for new support structures. Therefore, the proposal is compatible with the surrounding uses. 2. It must be determined if the site is adequate in size and shape to accommodate the use. The site is adequate in size to support the proposed use and there is adequate room to provide plant materials around the proposed equipment building for screening. 3. It must be determined if the setback requirements can be met and if there are other features that would make the use more compatible with the neighborhood. The project meets all the development standards of the OS and PC zones with regard to setback and height. In order to make the project more compatible with the neighborhood, the building was redesigned to match the neighborhood architectural style, and landscaping will be used to screen the building. The /JLf PLANNING COMMISSION July 19, 2000 Page 6 panels have been reduced in size and they will be painted to match the tower, which will further reduce the visual impact of the facility so that it is compatible with the surrounding neighborhood. 4. It must be determined if the street system is adequate to handle the traffic generated by the use. The use generates very little traffic. It will require routine maintenance visits approximately twice a month and occasional visits in response to operational problems. The facility will be accessed by the existing dirt road currently used to access the SDG&E transmission towers. The project is classified as an exemption under CEQA. The FCC requires compliance with radio frequency power density standards for the general public, and therefore the project would not have a significant impact on the environment. The project is conditioned to submit a report, which shows that the facility is complying with the accepted standards. In conclusion, Ms. Kennedy stated the project meets all of the findings for approval. Staff recommends that the Planning Commission adopt Resolution No. 4795 approving CUP 00-l 3. Chairperson Compas asked if there were questions of staff. Commissioner Baker asked how the landscaping would be watered. Ms. Kennedy replied there would be an irrigation line that would run through the easement and a water meter will be installed. Commissioner Baker asked the height of the building. Ms. Kennedy responded 13-feet in height and the dimensions are1 0 by 20. Commissioner Baker asked what entity would receive the rent from the project. Ms. Kennedy replied SDG&E. Chairperson Compas asked to what extent landscaping would camouflage the proposed building. Ms. Kennedy stated that the plant materials proposed for use are Acacia Cultriformis which reaches heights of IO-15feet, with an equal spread and Ceanothus, which reaches heights of 6-7-feet with an equal spread. Chairperson Compas asked the applicant to make a statement. Debbie Collins, Lettieri - Mclntrye and Associates, Inc., Planning Consultants for GTE Wireless, 1551 4th Avenue, San Diego, CA, distributed two presentation folders containing pertinent material regarding the project to the Commission. Referring to Figure 1 in the La Costa Cellular Facility folder, she advised the Commission that the proposed site was needed to provide coverage in the La Costa area. Currently, the coverage in that area is inadequate. The proposed site will be located at the top of a ridge and provides the necessary height in order to provide unobstructed line-of-sight coverage to the coverage area. Figure 2, in the presentation folder, depict the substantial change in the extent of coverage that can be provided if this project is approved. Ms. Collins explained to the Commission that GTE’s first priority is to find a site in a commercial or industrial area and to utilize collocations when searching for a new cell site location. Approximately 85% of GTE’s existing facilities are stealth sites. GTE avoids locating in a residential area whenever possible. When a facility must be located in a residential area it is collocated with other public utilities or institutional uses. Within the search area for the proposed facility the SDG&E transmission towers are the only existing structures that provide the necessary height to meet the coverage objectives for the site. A total of three towers in the area were tested and it was determined that only the tower within the open space easement between Esfera Street and Piragua Street, north of Cabo Court provides the needed coverage for the service area. PLANNING COMMISSION July 19, 2000 Page 7 As illustrated in Figure 6 in the booklet, the proposed project would result in an extremely minor addition to an existing 119-foot tall steel lattice tower located in a residential area. GTE has agreed to implement several design measures to minimize the visibility of the proposed collocation: l The panel antennas will be painted to match the existing transmission tower l The antennas will be 8 inches wide, in place of the normal 12 inch wide antenna l The micro-wave dish antenna has been eliminated l The design of the equipment building has been changed to a custom design building that includes a sloping red-tile roof, stucco exterior and a wood fascia l Landscaping screening will be installed to screen the equipment building and the chain-link fence GTE conducted an extensive analysis of alternative locations and designs to the proposed facility. None of the residents in the area provide sufficient height and elevation in order to meet the coverage objectives. This issue was discussed in detail in the attachment to the staff report. GTE requests that the Commission support staff% recommendation to approve the proposed project based on the following facts: 8 GTE has completed an exhaustive search for alternative facility locations and designs in the surrounding areas. l The proposed collocation on this specific tower is the only feasible alternative, because it is the only structure that provides sufficient height to provide the coverage needed in the area. l The proposed project minimizes the visible impacts by collocating the smallest possible panel antennas on an existing public utility structure, which eliminates the need to install a new support pole structure for the antennas. l The minor addition of the a-inch wide panel antennas will have very little visual impact given the complex pattern of the cross pieces on the steel lattice tower In summary, Ms. Collins declared that as a good faith effort to work with the adjacent property owners, GTE prepared a letter and information package that was distributed to the property owners in the immediate vicinity of the project and offered to discuss the project in detail with any of the neighbors. Commissioner Segall asked how often the SDG&E access road would be used by GTE to maintain the facility Ms. Collins replied l-2 maintenance visits per month. Commissioner Segall asked how the road would be accessed. Ms. Collins replied off of Esfera to the site. Commissioner Segall asked how long would each visit last. Ms. Collins responded equipment checks would be conducted. Typically the maintenance visit would last 45 minutes. Commissioner Segall asked if the 13-foot height structure would obscure views. Ms. Collins stated that it would not be obstructing any views, given the lo-foot higher elevation of the residential dwellings. Commissioner Segall asked if the vegetation to be planted around the structure was fireproof. Ms. Collins responded that only ice plant and other similar vegetation could be considered fireproof, but noted there were 22 plants proposed for the site, which is not considered a significant fuel volume source, which would create a fire hazard. PLANNING COMMISSION July 19,200O Page 8 Commissioner Segall asked Ms. Collins to define cellular market. Ms. Collins stated that the market for San Diego is all of San Diego County; there are two cellular licenses in San Diego County and four other wireless providers. Commissioner Segall asked how many additional potential sites might be developed in this area or other areas. Ms. Collins stated that she could not speak for the other providers. GTE has 4 existing sites in the City, three of which are stealth sites; this project would be the fifth. In terms of long range planning there are two other GTE sites in process. Commissioner Segall asked what would happen to the integrity of GTE’s system if the Commission did not approve this project. Ms. Collins stated that a significant hole would continue in the system. Commissioner Baker asked if the hole in the system primarily affected the customers in the La Costa area. Ms. Collins replied yes. Referring to Figure 4 in the handout booklet, Commissioner Baker asked for clarification on the location of the structure as it relates to the tower. Ms. Collins stated that it would be located on the backside of the tower. Commissioner Trigas asked if enlargement of the tower was anticipated in the future. Ms. Collins explained that if there was any substantial change in the design, GTE would have to come back before the Planning Commission for approval. It is not anticipated that there will be a need for modifications to the structure or tower. Chairperson Compas asked for the results of the communication with the residents. Ms. Collins stated that several telephone calls were received from residents that did not receive the information package, but added that she did not receive any follow-up request to meet and/or talk with the residents. Chairperson Compas asked if there was a landscape maintenance plan in place. Ms. Collins stated that GTE would be responsible for maintaining the landscaping and checking the irrigation to make sure it is functioning properly. Chairperson Compas asked if the landscape plan did not accomplish its goal of providing adequate screening of the structure, what would be the next step. Ms. Collins stated there would be an annual review to ascertain if the landscaping goals were being met and any problems or shortcomings would be addressed at that time. Commissioner Nielsen asked why the Proximity Damage Study was included in the package. Ms. Collins stated that the residents raised the issue of reduced property values in the area. This report was included in order to address their concerns; the report indicates there will be no reduction in property values as a result of the installation of the proposed project. PUBLIC TESTIMONY: Jay LeClair, 7328 Las Brisas Court, La Costa, CA, has resided at this location for 21 years. His home is located north of the tower. The existing tower is an eye sore. Adding a cell site structure increases the I 47 PLANNING COMMISSION July 19, 2000 negative impact on the surrounding area. This type of cell site is incompatible with a residential area. He showed the Commission a picture of an existing GTE cell site in the Kearny Mesa area, noting that the site began with panels but now had a satellite dish, antenna, lights and various other items mounted on it. He expressed concern that the proposed site would invariably have additions attached to it as well. He suggested that GTE continue their efforts in the stealth technology. Mr. LeClair stated that he, along with the other residents in the area, believed that the proposed project would be detrimental to the entire neighborhood. Chairperson Compas asked if the transmission tower was in place when Mr. Le Clair purchased his property. Mr. LeClair responded yes. Commissioner Segall asked Mr. Le Clair to indicate on the display map the location of his home. Doing as asked, Mr. LeClair also stated that he lived on Las Brisas Court on the cul-de-sac, north of the tower. Commissioner Baker asked if the transmission tower was visible from him home. Mr. LeClair stated the he could see the entire tower to within three feet of the base. Trudy Richard, Coldwell Banker Real Estate, 285 North El Camino Real, Suite 101, Encinitas, CA, stated she has been a real estate broker for 21 years. A home in the proposed project area recently sold for nearly a million dollars. She believed installing any additional kind of equipment on the tower and a structure in the easement area would diminish the value of the surrounding dwelling units and would be a detriment to the neighborhood. She appealed to the Commissioners, asking them if they would relish the cell telephone tower behind their residential dwellings. Referring to the CC&Rs outlining the things that are permitted and not permitted in the area, e.g. “No telephone antennas or unsightly objects, pole or wires shall be permitted on the outside of roof...,” she asked why GTE was being allowed to erect an unsightly object and not adhere to the CC&Rs. Commissioner Segall asked Ms. Richard where she lived in relationship to the tower. Ms. Richard stated that she lived in Encinitas. Mike Welch 3327 Fosca Street, La Costa, CA, referring to the display map, indicated that his backyard and swimming pool were in close proximity to the tower and his quality of life would be severely impacted by the proposed structure, which will be five-feet off of his property line. Noting that air-conditioners will be installed in the building, he voiced concerns regarding the noise impacts related to the running of the air- conditioners. The proposed 13-foot building will tremendously impact the views of the surrounding homes. He questioned who was benefiting from the installation of the proposed project. He indicated that neither he nor the neighborhood would reap any benefits from the installation of the proposed antenna additions to the tower or structure. The entire neighborhood is opposed to the proposed project. He noted that the open space easement path is used by children in the area, as well as others walking dogs or taking leisure walks. The proposed panels on the tower and structure will not be compatible with the neighborhood. The only entities benefiting from the proposed project will be the users of GTE wireless. He did not believe increased cellar telephone coverage was of paramount importance, thus it did not warrant unsightly additions to the tower nor installation of an equipment structure in the neighborhood. He did not believe that this area was the only viable option for installation of the proposed project. Referring to the unknown factors related to the harmful effects of microwaves to humans, he suggested that GTE find a location not in a residential area for the proposed project. Referring to the tower, Commissioner Heineman asked why Mr. Welch felt the proposed stucco structure would be more of an eye sore. Mr. Welch stated that when he purchased the property the tower was in place and he was told at the time of purchase that by the year 2000 all the things related to the tower would be put underground. He suggested that the Commission place on its agenda the under-grounding of the utilities and the removal of the visual pollution. 48 PLANNING COMMISSION July 19, 2000 Page 10 Phillip D. Cancellier, 3323 Fosca Street, La Costa, CA, indicated on the display map the location of his property and stated that he would be severely impacted by the installation of the proposed structure and antenna additions to the tower, e.g. 8 out of the 12 antennas would be facing his home. He has lived in the neighborhood for approximately 20 years with his wife. Referring to item 5 in the staff report and the following statement, “The Planning Director has determined that the project belongs to a class of projects that the Secretary of State has found do not significantly impact on environmental problems,” he interprets the findings to mean that the State cares more about what happens environmentally to the gnatcatcher, salamander, or the kangaroo mouse than it does its human citizens. He indicted that he has spoken with several PhD’s regarding the emission of EMF waves; and discovered that it is unknown at this time exactly what the long-term exposure effects will be to humans, although it is known that the equipment will affect a number of other things in a household. The people that live in the community deserve more consideration versus the consideration that insects and animals receive as a result of environmental issues. He disagreed with finding #I of the staff report, reiterating that the proposed project is neither desirable nor necessary for the development of the community and it is detrimental to the neighborhood. There are several concerned Planning Groups in the county that are bravely rejecting cellular antenna installations, e.g. El Cajon. These planning groups, like most of us, are not sure about the effects of Electra Magnetic Fields (EMF). In conclusion he stated that neither he, nor his family nor his neighbors wanted to live with cellular antennas in their neighborhood or in any residential area. (Mr. Cancellier distributed copies of the newspaper article regarding the barring of Air Touch antenna in a residential area to the Commission). Cathleen LeClair, 7328 Las Brisas Court, La Costa, CA 92009, informed the Commission that she did not receive an information package, until she requested one. Quoting from US & World News, about the city officials of El Cajon sending a message to the cellular telephone companies by barring the installation of a wireless telecommunications facility and accompanying antennas in residential areas, believed the City of Carlsbad should do the same. It is hoped that the City of Carlsbad Officials will have the best interest of the citizens of Carlsbad at heart and vote against the installation of the proposed antennas and telecommunications structure. (She distributed a copy of the aforementioned article to the Commissioners). John Hopp, 3329 Fosca Street, La Costa, CA, stated that the tower is in his backyard and the proposed structure will be in the corner of his backyard. The proposed 13-foot structure will be a-feet above the five-foot fence that is in place now. The consensus of the neighborhood is that the proposed project is not wanted in the area. 273 residents in the area signed a petition against the proposed project; he presented the petition to the Commission. The installation of the telecommunications structure and the addition of the antennas on the existing tower will diminish the quality of life for those living in the area. Patrick Gravitt, 7410 Esfera Street, La Costa, CA, stated that he has a front door view of the tower and has lived at this address for eleven years. He is opposed to the installation of the antennas on the tower and the erection of the structure. Diane Defrieghis, P.O. Box 260170, Encinitas, CA, stated that she resides one block from the site in questions. She expressed concern regarding the environmental impacts of the proposed project and questioned its legality. She stated that ANSI/IEEE guidelines for cell panels allowed 32-feet panels, yet the proposed cell panels on this site are 47-feet, which is slightly over 14 feet from the legal guidelines which indicate when therm0 nuclear radiation damage will occur. This guideline is for one (1) antenna; this proposed project is slated to have twelve (12) antennas. People heavily travel the easement and the backyards of numerous homes that directly face or abut the proposed site. The staff report indicates that the nearest residential dwelling is 75 feet away; the dwelling may be 75 feet away, but people use their backyards and/or swimming pools, which are only five feet away from the proposed project, and they will be exposed to therm0 nuclear radiation damage. She questioned if the proposed project would be policed after its installation. In summary, she asked the Planning Commission to condition GTE Wireless to prove that the ANSI/IEEE guidelines will be followed before the proposed project is approved. Monica Gelanick, 3312 Cabo Court, La Costa, CA, has lived in La Costa for 22 years. When she purchased the home on Cabo Court she was not alerted to the fact that additions would be made to the tower. She expressed concern regarding the noise impacts related to the operation of the air conditioner. She assists with the maintenance of the grounds around the tower, along with other neighbors in the area, because the current owner of the easement does not maintain the landscaping. In conclusion, she stated 49 PLANNING COMMISSION July 19, 2000 Page 11 that the Planning Commission would be putting the entire neighborhood at risk, if this project were approved. Don T. Brille, Sr., 3333 Fosca Street, La Costa, CA, referring to Figure 4 in the information package; indicated where his home was located. Currently, he does not have a fence or shrubbery, and stated that the installation of the structure and accompanying antennas on the existing tower would impact his view. He is not in support of the proposed project and believes that it will severely impact the neighborhood. Mike Chase, 7327 Las Brisas Court, La Costa, CA, stated that he had a direct line of sight to the tower. He stated that he was alarmed by the lack of information given to the residents, by GTE Wireless, within 600-feet of the proposed project. Chairperson Compas closed public testimony and asked the applicant to address the various issues mentioned during public testimony. Ms. Collins addressed the following issues: . . . . . . . . . . . . Photo of tower in Kearny Mesa is one of the main switching towers and was approved for steel lattice tower, cellar panel antennas and the microwave dishes. The proposed project is asking for only 12 panel antennas; any modifications would have to be presented to the Planning Commission. Regarding visual pollution - GTE Wireless will do everything within their power to minimize the visual impact that this facility would have on the neighborhood. The equipment building has been designed to match the visual quality of the surrounding residential units. Regarding the distance of the proposed structure and its close proximity to residential units - Although, the structure may be five-feet from property lines, the closest residential dwelling is 75- feet away from the tower and proposed structure. One major benefit of the proposed project will be better communication services for the Carlsbad Fire Department and Carlsbad Police Department who use GTE for their wireless communications service. No other viable options exist for an alternative location of the panel antennas and telecommunications structure. The State CEQA guidelines have included a provision for exemptions for minor additions to existing facilities. The project falls within this category. The RF issue - The Telecom Act of 1996 preempts local jurisdictions from denying facilities based on RF emissions, if they are in compliance with the FCC guidelines. The emissions from all 12 antennas are less than 1% of the FCC guideline. Any further changes to the tower or proposed structure would be subject to further review and approval by the Planning Commission. Noise related to the air conditioners units - The air conditioners would not be running 24-hours; the units would only be operational when the temperature rises and there is a need to cool the inside of the equipment building. The air conditioners are regular residential type units. GTE Wireless voluntarily sent out information packages to residents adjacent to the project site and to anyone else that called to request the information package. Undergrounding of the existing tower would render this project null and void. 5-o PLANNING COMMISSION July 19,200O Page 12 . The Proximity Damage Study indicates that there would be no adverse impacts to property values as a result of the project. Commissioner Nielsen asked the applicant if the building could be relocated to the south or east of the tower. Ms. Collins replied “no” because of the SDG&E easement and deferred to Virginia Partridge, Site Acquisition Manager. Virginia Partridge, 2835 Camino del Rio South, Suite 100, San Diego, CA 92108, informed the Commission that the initial proposal to SDG&E called for the installation of the structure directly adjacent to the lattice tower, however, because of the maintenance that SDG&E must do on the power lines, and the tower itself, this was not a viable option. Because of the expanding power lines, the structure must be a certain distance below and away from the power lines. Commissioner Baker asked if the building could be recessed (lowered) into the ground. Ms. Partridge indicated that because of the design of the building and foundation that must be installed under the building, lowering the building into the ground was not an option. She suggested that a flat roof could be used in place of the pitched roof, which would lower the height of the building by three-feet, but cautioned the Commission that a flat roof would not be compatible with the surrounding residential units. (Pitched roof height 13-feet/Flat-roof height 1 O-feet). Commissioner Segall asked if any noise other than from the air conditioners would be generated from the facility. Ms. Partridge replied there would be no humming or noise of any kind generated from the facility. She noted that a noise shield could surround the air conditioner units and a sound wall could be erected at one end of the shelter to lessen any impacts related to the air conditioners. Chairperson Compas did not understand why the structure could not be recessed into the ground. Ms. Partridge indicated that she was not an engineer and could not answer the question. She stated that she would be happy to talk with GTE Wireless engineers about the possibility of recessing the building. Commissioner Segall asked the size of the vegetation that would be planted along the perimeter of the structure for screening. Ms. Collins replied there would be 8-15 gallons Acacia’s and 14- 5 gallon Ceanothus. Native type species establish better with the installation of smaller size plants. They are fast growing foliage, but it will take approximately two-years for the landscaping to mature. Chairperson Compas closed public testimony and called for a discussion. DISCUSSION: Commissioner Segall asked if the Fire Department had to review the landscaping plan. Ms. Kennedy replied that a landscape consultant would review the landscape plan. When landscaping is on a permanent irrigation system, foliage tends to be less of a fire hazard. Commissioner Segall requested clarification on the decibel levels related to the air conditioner units. Ms. Kennedy replied it would be a standard residential air conditioning unit, noise emitted from the units would not be above the allowable decibel levels. In addition, she noted that the sound would be muffled somewhat by the plant material around the structure. Commissioner Segall asked if the easement could be used for walking and other recreational uses. Ms. Kennedy replied yes. PLANNING COMMISSION July 19, 2000 Page 13 Commissioner Segall asked for Ms. Kennedy’s input regarding CEQA issues that were raised pertaining to RF emissions. Ms. Kennedy stated that staff was preempted from reviewing the RF emissions. Commissioner Segall asked Ms. Kennedy to address the issue of additional satellite dishes or antennas being placed on the tower. Ms. Kennedy explained that a new Conditional Use Permit would have to be applied for. Commissioner Segall asked what entity was responsible for the maintenance of the easement. Mr. Wayne stated that the underlining property owner is the old property owner of La Costa; they have signed the application and are currently in bankruptcy. The Fire Department sends a notice of weed abatement; if the weeds are not abated the City takes care of it and places an assessment on the property. He stated that by condition of the Conditional Use Permit SDG&E or the leasee is required to construct and install the landscaping as shown on the approved final plans; the landscaping must comply with the City’s Landscape manual adopted by the City Council. Based on what has been put before the Commission, Chairperson Compas asked staff if they wanted to change or alter their recommendation for approval. Ms. Kennedy replied no. Chairperson Compas stated he would like to see something done to lower the building. Commissioner Heineman asked if the project could be conditioned to modify the building as discussed. Mr. Wayne recommended against redesigning the building, e.g. drainage issues, and suggested that the proposed project be returned to staff for further review. He noted that the structure has been designed to be compatible with the residential neighborhood; the pitched roof is more aesthetically pleasing. Commissioner Trigas requested clarification on the pitch roof versus the flat roof. The Commission discussed this in detail; it was the consensus of the Commission not to request a change in the roof style. AMENDMENT: ACTION: Motion by Chairperson Compas, and duly seconded, that the Planning Commission send this agenda item back to the Planning Department to investigate the various options to lower the building into the ground. VOTE: AYES: NOES: ABSTAIN: MOTION: ACTION: VOTE: AYES: NOES: ABSTAIN: 6-l-O Compas, Heineman, Trigas, Baker, L’Heureux Segall Nielsen None Motion by Commissioner Trigas, and duly seconded, to continue agenda item #M until the regular meeting of the Planning Commission on August 2,200O. 7-o-o Compas, Heineman, Trigas, Baker, L’Heureux Segall Nielsen None Chairperson Compas closed the public hearing. PLANNING COMMISSION August 2,200O Page 6 2. CUP 00-13 - GTE WIRELESS LA COSTA - Request for a Conditional Use Permit to allow the installation of an unmanned cellular facility consisting of a 200 square foot equipment room and twelve (12) panel antennas mounted to an existing SDG&E transmission tower. The site is located within the open space easement between Esfera Street and Piragua Street, north of Cabo Court in the Planned Community (PC) Zone in Local Facilities Management Zone 6. Associate Planner, Barbara Kennedy presented agenda item #2 as follows: The applicant has revised the design of the equipment building based on the comments from the Planning Commission. The equipment building has been lowered approximately 4-feet by sinking it into the ground. The height of the building is now a-feet 7-inches above the ground level. The air-conditioning units have been changed from wall mounted units to ground mounted units. The landscaping will no longer be Acacia; lower growing shrubs will be planted. The aforementioned changes have been incorporated into the plans. In addition, in an informal meeting with members of the neighborhood, on Thursday, July 26, 2000, the applicant discussed the various modifications of the project. Staff supports the modifications as proposed. In conclusion, Ms. Kennedy informed the Commission that she would address any questions. Chairperson Compas asked if there were questions of staff. As there were no questions of staff, he asked the applicant to come forward. Debbie Collins, Lettieri-Mclntrye and Associates, Inc., Planning Consultants for GTE Wireless, 1551 4th Avenue, San Diego, CA, stated that GTE did meet on-site with the interested residents to review the revised site plans. Pursuant to the Planning Commissions direction, GTE has modified the design of the equipment building to reduce its height above the existing ground level. The building has been recessed four-feet below ground level. The pitch of the roof has also been slightly modified to bring the height of the roof down one-half foot, while still maintaining the architectural amenity of having a sloping tiled roof. The net effect of these changes results in the height of the building being reduced above ground level by 4-feet 7-inches. The building height will be a-feet 7-inches above ground level, compared to the 13-feet building height on the original design plans. Due to the reduced height and for security, GTE is proposing to replace the vinyl coated chain-link fence with a decorative wrought iron fence with outwardly sloping points. In response to the concern regarding noise emitting from the air-conditioning units, the units will be ground mounted on the pad that is four-feet below the existing ground level, therefore the air-conditioning unit will be completely below the existing ground level. In conclusion, Ms. Collins reiterated that GTE completed an extensive analysis of alternatives and there are no other feasible alternatives that would further reduce the impacts of this project. Commissioner Segall indicated that he visited the project site and noticed that the homes that are contiguous with the site have gray roofs, yet the homes across from the site match the proposed project roof. He asked if residents in the area had indicated which type roof color was preferred. Although GTE would be amenable to changing the roof color, Ms. Collins indicated that no specific requests have been received regarding the color of the equipment building roof. Chairperson Compas opened public testimony. PUBLIC TESTIMONY: Philip Cancellier, 3323 Fosca, Carlsbad, CA, stated that the equipment building and antenna additions to the tower were not wanted at this location by himself nor the neighborhood at-large. It is a visual blight and it will be an intrusion on his, as well as the privacy of others in the neighborhood, e.g. maintenance visits. He did not understand why the Commission could not rule on the health and safety issues. He stated adamantly that the health hazard effects of the tower combined with the high tension wires and the cellular antennas should be addressed. He noted that several countries, e.g. Switzerland, are following a policy of “prudent avoidance”, when dealing with like matters. He strongly suggested that Carlsbad do the same. He referred to the statement made by GTE regarding the upward spiral of real estate values in conjunction with the installation of various GTE sites. He noted that real estate values were going upward 5-3 PLANNING COMMISSION August 2,200O Page 7 period, and it had nothing to do with GTE cellular sites. He believed that the installation of the equipment building and the placing of the antennas on the existing tower would ultimately discourage prospective buyers and reduce property values. He believed that a conflict of interest existed due to the fact that the City of Carlsbad and Staff relied upon GTE for their cellular service. Commissioner L’Heureux asked Mr. Cancellier if he had a cellular telephone. Mr. Cancellier, replied that he had GTE cellular service and had no reception trouble traveling within the area with it. He reported that the only area that anyone has reception trouble, e.g. car radio, etc., is via La Costa Avenue before the freeway. Mike Welch, 3327 Fosca, Carlsbad, CA, to illustrate his point regarding his privacy being invaded as a result of this project, distributed photos of his home that showed the property line and easement. The photo showed a five-foot hedge, he noted that the proposed equipment building would be 3-feet 7 inches higher than the hedge. Mr. Welch stated that the proposed building would be approximately l&feet from the pool, entertainment and recreation area in his backyard. 20-years ago believing that his property line extended out two and a half feet further than it actually does, he placed a fence in the easement and has subsequently maintained the area. He believes that he legally possesses the rights to the easement by establishing a “prescriptive easement.” In conclusion, he requested the Commission to enjoin this project. Ivan Jellinek, 3312 Cabo Court, Carlsbad, CA, distributed photos of his property to the Commission and stated that his property is 44 feet away from the base of the SDG&E tower. He advised the Commission that if the antennas were 47 feet off the ground, that would put the antennas diagonally 64.5 feet away from his property. He is extremely concerned about the emission of the high-energy variable output radio frequency transmissions from the proposed antennas, that will be directed at his home on a 24-hour - 7 day a week basis. The structure as proposed is 10 x 20 feet. The addition of the wrought iron fence will add 5 feet, which will make the area 20 x 32 feet. Beyond the fence, there will be landscaping which will add an additional 7 feet. This now means the area for the structure will be 30 x 40 feet. In conclusion, he stated that not only will there be a visual impact, but a noise impact as well, because there are no other structures in the easement; the noise of the air-conditioners will travel to the surrounding homes and down the easement. The requirements of the electronic equipment will make it necessary to have the air- conditioning units on virtually all of the time. He stated that the proposed equipment building, and installation of the antennas on the existing tower, was not appropriate for a residential neighborhood and requested that the Commission deny this project. Commissioner Segall remarked that he heard a loud buzzing noise emitting from the power lines at the proposed project location and believed that the air-conditioner noise would not be as loud as the buzzing from the power lines. Mr. Jellinek replied that the humidity determines the loudness of the high-tension wires, e.g. lots of humidity lots of noise; no humidity in the air no noise from the high-tension wires. Bea Kane, 3325 Fosca Street, Carlsbad, CA, has lived in this home for 23 years. She noted that she purchased this home with a view, paying an additional fee of $25,000 for the view. The tower was in place when she purchased the property and it has always been an eye sore and a concern. Noting that her husband and another resident in the area died from brain cancer, she believes the tower and the proposed antenna additions will be a major health hazard to the residents in the area. Residents and taxpayers should be able to express their concerns thoroughly. This project will take away views, inundate the area with unwanted noise and cause area residents to fear for their safety and health. The additional equipment decreases property values. It is feared that if GTE is allowed to erect the equipment building and add antennas to the tower, it will only be a matter of time before others are permitted to do the same. She takes exception to the need for cellular telephones for emergencies. Cellular telephones are a luxury, not a necessity. She requested that the legality of this commercial enterprise be shown before proceeding with the project. Cathy LeClair, 7328 Las Brisas Court, Carlsbad, CA 92009, has lived at this location for 21-years. Referring to page 4, #7 of a handout outlining the protective conditions and restrictions of the CC&Rs, she noted that it clearly stated that no antenna would be allowed on any property. As the Planning Commission represents the City of Carlsbad and all of its residents, she believed that the Commission had a moral obligation to vote no on this project. PLANNING COMMISSION August 2,200O Page 8 Commission Segall specified that the CC&Rs stated, “no television antenna” shall be erected. Ms. LeClair responded that the addition of antennas to the existing tower would cause additional visual blight. She revealed that none of the residents in the area could place television antenna on their property, therefore GTE should not be allowed to add antennas to the existing tower. The CC&Rs cover all of the residents and should also hold for a commercial entity as well. Jim Morgan, 3331 Fosca Street, Carlsbad, CA, stated that this project would obstruct his view of the lagoon and the ocean. It is his belief that GTE wants this site approved in a residential neighborhood to assist with the sale of GTE to AT&T. In addition, he believes that if this project is approved it will only be a matter of time before other cellular entities will petition to put additional antenna or satellite dishes thereby making a bigger eye sore in the community. Summarizing, Mr. Morgan declared that he was sure that none of the Commissioners would want this proposed project in their backyard and reiterated that the cellular site was not wanted in this neighborhood. Ann Hopp, 3329 Fosca Street, Carlsbad, CA, stated that she and her husband purchased the property for the open space and the view. The tower was in place at the time of purchase and the easement in questions borders her property. She advised the Commission that since moving into this location she has been diagnosed and treated for breast cancer. She questioned if her cancer is due to the SDG&E power lines. She noted that five out of twenty people in her cancer support group live in close proximity to power lines. Although studies have not been conclusive as to the effect of the power lines relating to cancer, she does not want to see any additional devices with unknown emissions factors attached to this existing tower or erected anywhere in the easement. Ms. Hopp asked the Commission to think about the many products that were not known to cause cancer, but in fact do, e.g., tobacco and pesticides. In closing she requested that the Commission deny this project. Donald T. Brill, Jr., 3333 Fosca Court, Carlsbad, CA, commented that the home was sold to him with a view of the ocean. The placement of the equipment building and the installation of the antenna on the existing tower would greatly impede his view if not negate the view all together. This proposed project would devalue his property. Mr. Brill asked the Commission to vote as if the project were proposed in their backyards. Patrick Gravitt, 7410 Esfera Street, Carlsbad, CA set forth that many questions should be answered before this project proceeds forward. He appreciated the fact that Commissioner Segall visited the proposed site and suggested that the other Commissioners do the same. He disagrees with the course of action being taken and believes that there exist other alternative locations for this project, as well as the possibility of having this project completely underground. He raised the issue of how GTE would maintain the property. He expressed concern relating to the fact that the completion and approval of the proposed project has been expedited, but not thoroughly analyzed for compatibility with the area. The mere fact that the lagoon and ocean views will be impeded is reason enough to deny this project. Mr. Gravitt requested that the Commission take an in-depth look at the EMF studies and alternative location sites before this project is allowed to go forward. John Hopp, 3327 Fosca Street, Carlsbad, stated that the tower in question is directly adjacent to and in full view of his backyard. He did purchase the property with the knowledge of the existing SDG&E easement tower and was led to believe that the tower would only be for the use of SDG&E for the purpose of maintaining their equipment. It is absolutely inconsistent to start decorating the tower with antennas and constructing buildings that will obstruct the open space view. He expressed doubt regarding GTE being the only additional user of the tower. The fact that any other additions to the tower will have to be reviewed by the Commission does not guarantee that the Commission will not approve other projects and additions to the tower. Mr. Hopp asserted adamantly that this project does not belong in a residential area. He suggested that the City of Carlsbad and the Planning Commission should have specific plans and guidelines for the installation of cellular sites. Outlining the position of his home in relation to the tower and proposed antenna, he voiced concern for his health and safety, noting that the tower and proposed antenna is in direct line of sight from his bedroom. Giving a complete detail regarding the distance of the tower and antenna from his dwelling and the emission of the radio waves, he informed the Commission that the distance was IO-feet less than the federal standard allowed. Mr. Hopp declared that this is a serious potential problem that must be addressed with a comprehensive and independent engineering study. In addition, he would like the Commission to address the question regarding PLANNING COMMISSION August 2,200O Page 9 ownership of the easement. In closing Mr. Hopp advised the Commission that there are alternative sites available in the area that are not in a residential area. Ron DeFreitas, P.O. Box 260170, Encinitas, CA 92024, submitted and read into evidence the City of Carlsbad Environmental Impact assessment form part one for CUP-00-13, page 7, section 13 titled Aesthetic subsection B, which asked the question, “Would the proposal demonstrate negative aesthetic effects?” He noted that the checked answer on the report indicated, “Less than significant impact”. In the attached summary of impacts, section 13, titled, Aesthetic subsection B, GTE downgrades the impact and indicates that the proposed transmission tower wireless site and equipment building project, “Would not demonstrate a negative aesthetic effect.” In addition, he submitted and read into evidence, the Planning Commission’s minutes from April 5, 2000, pages 3 to 5, pertaining to agenda item #2, CUP 99-11, regarding Pacific Bell’s antenna facility for 7412 Cadencia Street, approximately a block and a half from GTE’s requested site. He noted that on page 4, Pacific Bell states that, “The residence on Cadencia Street is the optimum site in our area for three antenna panels. The only other alternative is the SDG&E transmission towers.” However, it was determined that the SDG&E transmission tower was not a viable solution because of the visibility and its inability to screen the antenna and equipment. The discrepancy is very apparent. Mr. DeFreitas asserted that the wireless providers had a strong profit motive and would state whatever is necessary in order to secure the desired sites, regardless of the invasive visual impact to residents. In closing, Mr. DeFreitas declared that the rights of the Carlsbad homeowners were not being taken into account, while out-of-town providers wants were being met at the expense of the homeowners. Commissioner Trigas requested clarification regarding Mr. DeFreitas place of residence. Mr. DeFreitas stated that he lived 3 blocks over from the tower, but did have an Encinitas post box address. Diane DeFreitas, P.O. Box 260170, Encinitas, CA, stated that the issue at hand was GTE’s desire to increase their commercial wireless coverage in a residential community, due to an alleged coverage gap, versus the community’s right to enjoy their homes with freedom from fear; preserve the neighborhoods scenic character; monetary value and retain their accustomed quality of life without a cellular site five-feet from their property. Citing the legal mandate of the 9th Circuit Appellate Court, Air Touch cellular versus City of El Cajon, Ms. DeFreitas declared that the issue at hand is a legal issue. Other wireless service providers are already serving the area and therefore this project should be denied. An informal survey indicated that none of the neighbors in the area experience cellular coverage problems. The invasive needs of the applicant’s facility bring zero benefit to the neighborhood. Other U.S. District Courts have repeatedly ruled against wireless carriers and in favor of residents in carriers’ lawsuits when CUPS were denied. Wireless providers may have gaps in service, the FCC does not mandate optimum services, but only substantially better than mediocre service. The detriment to the surrounding area, due to adverse visual impacts and property devaluation, outweighs the public’s interest in improved service. Gaps or unavailable wireless service does not oblige local boards to approve virtually every application to improve service without regard to the impacts on the surrounding areas. Legislative history is clear, noting that residential permits for wireless carriers do not have to be granted. She informed the Commission that six (6) cellular sites were visible from the area in question. In closing Ms. DeFreitas stated that she did anticipate a lawsuit regarding this project and urged the Commission to deny the project. Monica Gelanick, 3312 Cabo Court, Carlsbad, CA, referring to the display map of the area, indicated where her residence was in relationship to the proposed project. She stated that it was her understanding the City of Carlsbad was developing a plan for wireless communications systems and asked the status of the plan. Chairperson Compas closed public testimony and asked the applicant to address the various issues mentioned during public testimony. Ms. Collins addressed the following issues: l The Proximity Damage Study compared sales of residence in the same neighborhood based on proximity and views of a wireless facility. The study determined that a view of a wireless facility did not devalue the property. PLANNING COMMISSION August 2,200O Page 10 l Each facility costs approximately a half million dollars and GTE does not build sites where they are not needed. l Regarding the privacy invasion; the fence in question is built three-feet within the SDG&E easement. l If the site is not approved, it has not been determined what the next step will be, because no viable alternative sites exist. l Regarding the health issue, the emissions are less than 1% of the FCC guidelines in terms of health hazards. l The CC&Rs are for television antennas. This is an antenna that is regulated in the City of Carlsbad’s zoning ordinance. l The sloping roof of the equipment building can be replaced with a flat roof to help address the privacy and view issues. The flat roof would reduce the building height to 6-feet above the ground level. l The application for this project was filed before the sale of GTE to AT&T. l Three other alternative sites were specifically addressed and found not to be viable options. l GTE met with SDG&E regarding placing the equipment building further to the north. SDG&E determined that this was not a viable option because of the needed access for maintenance of the tower. l Placement of the antenna on the power lines to the north cannot be done, because it has a direct line of sight to another GTE cellular site and two sites cannot have direct line of sight to each other because it creates interference. In addition, the power line is a concrete type tower with two-cross arms and it would be necessary to add an additional support structure to attach the antennas. l The open space easement is in place because it is a utility corridor. l There are significant separation requirements that would limit the ability of another wireless provider to have equipment on the same tower. There are vertical and horizontal separation requirements if two providers are collocating. l This is GTE’s first SDG&E collocation in San Diego County. GTE has approximately 17 sites throughout the San Diego County that are in or adjacent to residentially zoned areas. Commissioner Heineman asked for clarification on the location of the air-conditioning units. Ms. Collins responded that the air-conditioning units would be installed one-foot below the existing ground level. Referring to comments made by Mr. Hopp, Commissioner Segall asked for clarification regarding the location of the antennas in relationship to Mr. Hopp’s residence. Ms. Collins stated that based on the contour, there is a 450 contour on one side of the equipment building, and a 460 contour along the side bordering the residences. The top of the antenna will be 47 feet above the base of the tower. Commissioner Segall requested that Ms. Collins address the RF wave emission issues, because Mr. Hopp raised the question, due to the fact that his property is on a higher elevation and the tower is parallel to his property. 57 PLANNING COMMISSION August 2,200O Page 11 Deputy City Attorney, Cindy McMahon advised the Commission that the issue could be addressed, but no decisions could be based on the testimony relating to RF wave emissions. Ms. Collins reported that the FCC guidelines based on their knowledge of exposure levels, exempts facilities that are more than 10 meters in height from having to file for RF, based on the very low emission levels. The project would be less than one percent at the base of the tower. Based on the topography of the area there is a difference between the antenna height in relation to Mr. Hopp’s residence. However, the emission levels drop dramatically with distance. Chairperson Compas asked if the RF emission levels directed toward Mr. Hopp’s bedroom window were higher than at the base of the tower. Ms. Collins stated not to her knowledge. Ms. Kennedy interjected that there would only be antenna panels on three sides of the tower, thus there are no antenna panels facing Mr. Hopp’s residence. Referring to tower 171, which is located two towers to the east of the proposed site, Commissioner Segall noted that it appeared to be at the same elevation. He asked if this tower would be an acceptable site for the proposed project. Ms. Collins stated that the problem with the tower, which is east of Ranch0 Santa Fe Road, is that it is a half mile further to the east. This location precludes the ability of the equipment to adequately transmit and an additional site in a residential area would be needed. The difference in the equipment needs do not allow GTE to do a collocation that would be compatible with the architectural character of a residence. Referring to the EIR mentioned in public testimony, Commissioner Segall stated that an EIR was not part of this project and requested clarification regarding the conflict noted in public testimony. GTE’s statement indicates that, “the proposed project will not demonstrate a negative aesthetic effect” and yet there was a statement by staff indicating that it would have a “slight aesthetic impact.’ Ms. Collins deferred to staff. Ms. Kennedy stated that an initial study was submitted, which staff reviewed, however this is a categorical exemption through CEQA. Ms. Collins replied that the residential co-location that Pat Bell obtained approval of, located on Cadencia Street, was a completely stealth solution because they have smaller equipment needs. Regarding this project, it is GTE’s position that the addition of a-inch wide panel antennas on an existing steel lattice tower that is 119-feet tall, would not result in significant impacts. Commissioner Trigas asked if panels could be added to the site east of Ranch0 Santa Fe, thus meeting GTE’s needs. Ms. Collins stated that additional antennas could not be added to gain coverage of an area that could not be seen from the tower. Commissioner Trigas requested clarification regarding changing the roof on the proposed equipment building. Ms. Collins replied that a flat roof would reduce the height of the equipment structure by 2 and a half feet, which would render the building height the same as the adjacent hedge that is approximately six-feet in height. Commissioner Trigas wanted clarification regarding the scenic view of the corridor. Ms. Collins replied that she had not had the opportunity to analyze the view from the Hopp’s backyard and could not give testimony regarding that issue. However, she noted that a six-foot hedge does presently exist in the Hopp’s line of view, therefore she assumes that a six-foot tall building would not create an additional obstruction. 58 PLANNING COMMISSION August 2,200O Page 12 Chairperson Compas asked the applicant if a condition were placed on the project prohibiting the adding of any additional items to the tower ever, would the applicant accept the condition. Ms. Collins replied that the condition would be acceptable to GTE and its successors. Chairperson Compas requested clarification regarding the bankrupt company that GTE is dealing with. Ms. Collins deferred to Virginia Partridge. Virginia Partridge, General Dynamics representing GTE, 2835 Camino del Rio South, Suite 100, San Diego, CA 92108, stated that pursuant to the Master Agreement between GTE and SDG&E, GTE has legal rights to be on the SDG&E easement. The real estate issue is not a criteria that is approved at the planning level, however, if the permit is granted it could not be activated without all the necessary approvals. Deputy City Attorney, Cindie McMahon informed the Commission that it is noted in the staff report that the bankruptcy trustee gave permission on behalf of the bankruptcy estate, VCE, to GTE regarding the installation of the equipment on the property. Chairperson Compas asked if there were questions of staff. Commissioner Segall requested clarification on the prescriptive easement. Ms. McMahon responded that there is a concept in the law regarding “prescriptive easement”, but in California in addition to all of the criteria, it also requires that the person claiming the easement to have paid taxes on the portion of the property at issue. She was not sure how SDG&E’s ownership factored into the prescriptive easement issue. Generally, the rights of prescriptive easement do not become vested until after a required title action has been obtained via legal proceedings. Commissioner Segall requested clarification regarding the City of Carlsbad’s plan for wireless systems. Mr. Wayne stated that there was not a plan in place. However, the development of wireless policy regarding City facilities and public rights-of-way is currently underway. He indicated that ultimately it is the City’s intention to have all of the wireless facilities stealth. Commissioner Trigas asked if this project could be conditioned to become stealth if the technology became available before the end of the five-year CUP. Ms. McMahon stated that the difficulty with conditioning a project in the matter suggested by Commissioner Trigas, is that the development of the technology is an unknown factor and from the neighborhood’s perspective it is not known whether it would be better or worst. To require GTE to use new technology without a public hearing could cause greater discontent than is witnessed tonight. She noted that the CUP’s had a five-year time frame built into them and there is a natural mechanism that will bring this back to the Commission. If there is a dramatic change in conditions, the law does allow the City to move to modify CUP’s. Chairperson Compas requested that the air-conditioning expert come forward. Landis Schmehr, General Dynamics, construction consultant for GTE Wireless, explained that two, three ton air-conditioning units would be installed. The units would not run simultaneously, but will run in cycles. When the temperature reaches 78 degrees inside the structure, one of the units will be activated. He distributed handouts listing various sounds; their decibel levels and indicated that the noise level of the air- conditioning units would be between 45dB (refrigerator sound) and 60 dB, (sound of normal conversation). Because the air-conditioners will be below ground the decibel level will be reduced by 30%, which would result in the sound from the air-conditioner being approximately 40 to 50 decibels, or the sound of a birdcall. Chairperson Compas asked if there were additional questions of staff. Seeing none, he called for Commission discussion. 59 PLANNING COMMISSION August 2,200O Page 13 DISCUSSION: Commissioner Heineman stated that he was impressed by the sincerity and concern of the residents. He noted that the residents by choice elected to build their homes next to a power line tower. He did not believe the addition of the antenna would be unsightly. In addition, he stated that the noise issue should be attenuated with the air-conditioners units being placed underground and therefore supports the project. Commissioner Trigas stated that the majority of the concerns have been addressed. Noting that if the building height can be decreased to six feet, she stated that the issue of the views being impacted will be addressed to her satisfaction and supports the project. Commissioner L’Heureux concurred. Commissioner Segall stated that even with the reduction in the height of the equipment building, he did not believe the project was compatible with the community and could not support the project. Chairperson Compas stated that since the RF emissions are only 1% of the FCC guidelines; the panel antennas will not obstruct views; and the building height will be reduced to g-feet, therefore, he reluctantly supports the project. Chairperson Compas called for a motion. MOTION: ACTION: VOTE: AYES: NOES: ABSTAIN: Motion by Commissioner Heineman, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 4795 approving CUP 00-13 for a period of five (5) years, based on the findings and subject to the conditions contained therein, and amended to reduce the height of the equipment building to 6 feet, with air conditioners placed at the bottom level of the building and with the provision that no other antennas besides the ones already described shall be placed on the tower by GTE or their successors. 4-1-o Compas, Heineman, Trigas, L’Heureux Segall None EXHIBIT 6 PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carisbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find thkto be inconsistent and incompatible with our neighborhood. bL$ (PRINT) NAME ADDRESS SIGNATURE DATE \i~i\2~~~J,L~$ 323v rC>cA- Ei x...l~ FL ifit&. ‘7)[</;/eO 2. Dm 5Gfi~&T& z /(&Yj I 6. 7. 6. 9. 3. AMK s-w-r me m\/ r’ e , I//s-/h PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I73 including the 200 square foot equipment building to be erected at this same site. We findp to be inconsistent and incompatible with our neighborhood. hzti NAME (PRINT) ADDRESS SIGNATURE DATE ~.MtbfrE ki&wx 7-w 027 2. 3. 4. 5 6. 7. a. ’ 1 CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with our neighborhood. %K 6. 14, Le. 733j L I . L‘c 5 /" ;: j‘,<:r;i ct. ,;Q 'q. d :.A ~ & -c .gg? T- / si/-&L, 7. 6d;/l,& R, CLKI~, JTO i &&,er;~ st dmN 7 h/Do a. A&- r&pc/;/\l 330 1 Cude&.? St LA&A- elzbk#- 7- / y- 0 0 9. n\fqs L3\Kw ‘.3303 cf+&&\~ 5ii.. +-I-\+m f ~ih- -?3iq B.I.4 Q\ &k -?-/(/ c CL7 1 PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Cartsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with our neighborhood. a* (PRINT) NAME ADDRESS SIGNATURE DATE 1. 2. 3. 4. r 5. 6. 7. CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find thkto be inconsistent and incompatible with our neighborhood. aid NAME (PRINT) ADDRESS SIGNATURE 1. 8 Lc/j-;t )L c 2 Awl D/l L-23 332(5 /=--5’cA ‘577: Q~~kz’-aw4L . 7-/,3--00 )’ PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with our neighborhood. is& NAME (PRINT) ADDRESS SIGNATURE DATE 1. 2. 3. 4, 5. /I 141 II/ t;f iWl%i , . 117L (&jh ff-l-;914 5w3 52-w-L Dr- 8. jfo,.j-& @-/i/l&k 3-336 cAb cdby I L 3395 15.s#%/ eJ I 4s’A-LL 33/4LfTDu $8 ,Y&& 74f@ c -%zqiLf .d a/’ CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carl&ad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with our neighborhood. aw NAME (PRINT) ADDRESS SIGNATURE DATE 4 EGtiL9 -7//4/d I I / a 13. Dlc-hs &?CT,L 3 .3& r-lx< 4 ,s$ e/J, 4,3ckin // _ 6 cc IS.&?J& A : SE 1 kiAIi?Ghk~~ &j$J f%Gd S’T CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the, 200 square foot equipment building to be erected at this same site. We find thF;to be inconsistent and incompatible with our neighborhood. NAME (PRINT) ADDRESS SIGNATURE DATE PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find the to be inconsistent and incompatible with our neighborhood. -y,,d NAME (PRINT) ADDRESS SIGNATURE DATE 1. &I~/~--.&‘+,’ L. ,Ls f&,, .:I ‘7.3, j* fx<;r,Ta,i I$* ‘1” ,’ ‘, :I..{’ +>- i .-A , *‘F-- /;,‘,‘,Lp; 2. $'/,r,~ '1) ,, ,;;. .<! '7, ,; -;:,&i <$;.I !'. ) ,, ,-i ', -- . .\ I 3. ---kLLcv rhL?iys /qf+c 1 73(3 %,A 4 *f / cesn-- &f-z)3ccr, 7313 G&9- pi. // 6. 7. a. 9. 10. 11.p , ' 7 -/g -00 I 11, r 12. 13. 14. b9 PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find? to be inconsistent and incompatible with our neighborhood. :4 c, c (PRINT) NAME ADDRESS 1 f s.& . - - s+s~G~R~~y~/&i3 33537 he 2.K &dd- .35%7 fsiiczG=4 --1----.. - z &$h. / / PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find th$!to be inconsistent and incompatible with our neighborhood. NAME (PRINT) 1. 2. 3. 4. 5. 6. 7. a. 9. SIGNATURE PETITION . , CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with ouc’neighborhood. UY NAME (PRINT) ADDRESS SIGNATURE DATE 1. 2. 3. 4. 5. 6. 7. a. 9. > c //z&&/u~ c&p I 7 3/ () L-Z&r, di; c t /g ; - ,/, l,‘i / / i7fl c4 r. i. ‘Q 2 -/6 I cr , 1 , - PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale} Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including th? 200 square foot equipment building to be erected at this same site. We find theto be inconsistent and incompatible with our neighborhood. i&’ SIGNATURE 2. 3. 4. 5. 6. 7. a. 73 - CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find th$to be inconsistent and incompatible with our neighborhood. 1. 2. 3. 4. 5. 6. 7. a. 9. PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find t e to be inconsistent and incompatible with our neighborhood. I F & NAME (PRINT) ADDRESS SIGNATURE DATE 1. ,9nn t/c!wo 532!? fisc# &+/ 797. /ib.#il g$7& /I I I / 5. Llzdcl ~ur&cL 43aR FOSG? 6T 7’134 6. 7. 8. 9. 10. -HA@ kM&L p%2/ 11. KE$FJm tAAy&L kr CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carisbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find tt$to be inconsistent and incompatible with our neighborhood. NAME (PRINT) ADDRESS SIGNATURE DATE L , PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I73 including the 200 square foot equipment building to be erected at this same site. We ftnd th& to be inconsistent and incompatible with our neighborhood. , rl .’ NAME (PRINT) ADDRESS SIGNATURE 1. .5&J&$& 3 3xryt-*s +&g&&L4 ?-,-Ca c 4. 5. 6. 7. 6. 9. ESta C,hnmb . ,P$ ‘3317 Fortx St-. 7 -I? -00 11. 12. 13. 7-18-00 15. PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We find th&to be inconsistent and incompatible with our neighborhood. IlV NAME (PRINT) ADDRESS SIGNATURE 15. PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 0013 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square fopt equipment building to be erected at this same site. We find tkto be inconsistent and incompatible with our neighborhood. %;54, NAME {PRINT) ADDRESS SIGNATURE 1. & 12” CA& I%&kFx 333g7%C~~~ , I 4. 5. 6. 7. 10. 11. 12. 13. 14. 15. 79 PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carlsbad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #I 73 including the 200 square foot equipment building to be erected at this same site. We inconsistent and incompatible with our neighborhood. NAME (PRINT) ADDRESS DATE 73w Ll.( &JG$ (4. , A&/-- 07~/7-m _ 5. 6. 8. 12. 13. 14. 15. PETITION CASE NAME: GTE WIRELESS LA COSTA CASE FILE: CUP 00-13 We the undersigned of Lot 401, Carlsbad tract NO. 72-20 (La Costa Vale) Unit NO.3 in the city of Carl&ad are hereby opposed to the installation of cellular communication equipment on the SDG&E tower #173 including the 200 square foot equipment building to be erected at this same site. We find MO be inconsistent and incompatible with our neighborhood. #I&# NAME (PRINT) ADDRESS / / 3. bb .<A f \.,iJ -- * .“’ y’, ,tk, ,,_ ;): ,,,’ ;-f.(l&// -pJ &r* :k < &&0 /y&&?&T p / L*’ -y /gx ,.i&) : 3 f / ‘ il’, L’ ‘,>>. 4. 5. 6. 9. 10. 11. Sent.8~: ; 760 804 BINI; ‘-en ZZecurdcd X,Iail To: n % : ,. LA COSTA LAND COMPANY Costa Del ,'lar Road Carlabad, CA 92000 ATT!;: , BURTON L. KRAMER X z X x : x ; X X x Aug-3-00 5:i3P~; Paae l/2 Space Below for Recckcr’s ’ - - Xhs frrqcing inrtmme*t ;I d 6. trua end PY~H! ~3~: A rtl. wiq’d r.~ard.r oe . . ..,. aa Oc.wnmt Ns . . .._....._ _._, _,,.. ,!lm$ 9397s” I. ., pap .-........ -....-. ol OK,i;l fL.;s*:‘r. i.. !L.* or., ‘.: h. Cevncr Racwdr at s.., oi.qa c :pn,". Tie lnruroncr end Trust Ccmpzn., . .76:41l224 DECLARATION AND ESTABLISF%‘IENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS Lots 296 &rough 504 LA COSTA VALE UNIT h’0. 3 THIS DECLAHATIOP! AND ESTABLISHMENT OF PROTECTIVE CONDITIONS AND RESTRICTIONS, made this 9th day of December 1976, 1976, by LA COSTA LAND .COMPANY, an Illinois corporation; duly qualified and au*horized to transact business in the State of California, hereinafter rc- fcrrcd to as “Declarant”. WITXESSETIK: WHEREAS, Declarant is the owner of a certain tract of land it1 San Diego County, California, more particularly described as falLows:- Lot 296 through 504, inclusive of Carlsbad Tract No. 72-20 Unit No. 3 (La Costa Vale Unit No. 3) according to %Iap No. 7950 fil,cd in the Office of the County Recorderof San Diego County, California, on June 3, 1974 WIIl7REAS, i!, is the! desire and intention of De&rant to sc11. the EXHIBIT 7 property described above. and to impose upon it mutual beneficial restrictions i~r the benefit of all the land in that tract and the future owners of these lnnds. NOW, THFi~EPORE, k~?ow all II'LCII by these presents: i)ecl.;uxnt hereby declares that said lots, all parcels 2nd portions of Sent By: ; 780 804 eiee; W-3-00 5:14pM; f ,,++ed her&o, marked Es:tiBIT lnd incorporated herein by US rcIcrelt Page 2/2 As to Open Sp3c.e Lots, untj- such park arKi recrcatio2isl stru~*urcS as may hc appx~~~cd by the Al-chitcctural C:ulIl mittcc and the City of Carlsbncl .A111 bc allowed and orovidcd furtllcr no rcsidcntial building sl~all he allowed thewon. 4 I xo horses. cattle, cows, goats, shtep. rabbits. hares, reptiles, or other animals, pigeons, pheasants, game birds, or game or other birds. To~vl or poultry shall bc raised, kept or+pormittcd upon said property or any part thereof, exc’ept,that dogs and cats and other household pets may he kept, provided that they arc not kept, bred or raised for cammcrcial purposes or in unreasonable quantities, and provided that they do not become a nuisance to the owners of, or occupants of said property, and that although horses may not be kept, stabled or maintatned, they may be permitted on the premises. 5. No part of said property shall be used for the purpose of drilling thereon for, or producing therefrom, water, 011, gas or any mineral substance. Declarant hereby reserves all crude oil, petro1eu.m. gas, brea, asphalturn and all kindred substaixcs and other minerals undbr and in said land. 6.. No noxious or offensive trade or activity shall be carried on upcm said property or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No teletiston antenna or antennae or unsightly objects, poles or wires shall be permitted on the outside or roof of any dwelling or other building; and, in the,case 04 television antennae, ths other of the property may, at his option, hook on to the underground television antenna system which De&want msy cause to be installed. 8. Said real property and the building sites included therein are subject to such’ easements and rights- of- way for erecting, constructing. maintdining and operating public sewers, and poles, wires and conduits for ligting, heating, power, telephone, cable telex+sion and any other method OS conducting and performing any public or quasi-public utility service or function beneath the surface of the ground, such easements and ‘. ; : r- 83 I (We) appeal the decision of the to the Carisbad Cii Council. Date of Decision you are appealing: Subiect of Ameal: BE SPECIFIC Examples: if the actii is a Cii Engineer’s Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. Reason(s) for ADDeal: l Please Note l Failum 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 state or local laws, plans, or policy? F {j$@& SIGNATURE mifl ffwl / Awl NAME (plea& print)’ a?/// /zcw DATE F&=-f! 57 ADDRESS: Street Name & Number c&uSBt+& CA 9-9 CM State, Zip Code 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 CASE NUMBER CUP 00-13 GTE WIRELESS LA COSTA ^’ 1. This ruling is inconsistent with planning commission’s decision of April 5, 2000 on another cell site in this area. 2. Visual blight, incompatible and inconsistent with our properties, and adversely changes the fabric of our residential neighborhood. 3. Property values will be decreased due to unsightly equipment and at this time unknown risks. 4. Noise pollution and increased traffic in the easement. ‘- 5. Possible non-conformance with. FCC regulations regarding placement of antennas in relation to residential property. ’ 6. Possible intrusion on homeowner’s property. -7. A building would be inconsistent with an “open space” easement as described in our property titles. - 6. Precedent of the city council’s decision in El Cajon in favor of their residents in a similar situation. -- 9. Only one member of the planning commission visited the proposed site and that member was the only one to vote in favor of the residents. 10. Inaccurate drawings presented by the applicant. 11. Cellular service already available in area from other companies. 12. All additional material presented by residents of this area at the planning commission’s meetings of July 19, and August 2, 2000. f5 EXHIBIT 9 August 17,200O TO: CITY MANAGER VIA: Planning Director FROM: Associate Planner CUP 0043 - GTE WIRELESS LA COSTA This memo is intended to clarify and respond to some of the issues outlined in the letter of appeal for CUP 00-13. 7. This ruling is inconsistent with Planning Commission’s decision of April 5, 2000, on another cell site in this area. The April 5, 2000, project ( CUP 99-11) was for the installation of a Pat Bell Wireless facility on a residence located at 7412 Cadencia Street. The facility consists of the construction of a faux chimney on the existing residence which will be used to house the panel antennas. In the minutes from the Planning Commission meeting, the applicant states that the nearby SDG&E transmission towers were the only alternative site and that it was “not a viable solution because of the visibility and the inability to screen the antennas and equipment,,. In this instance, the Planning Commission did not discuss the merits of locating the facility on the SDG&E tower since it was not included as part of the project. In regard to the current GTE Wireless proposal, the applicant analyzed the potential for locating the panel antennas in a faux chimney however, it was determined to be infeasible. This is discussed in more detail in the letter submitted by the applicant which is included as an attachment to the staff report. 2. Visual blight, incompatible and inconsistent with our properties, and adverse/y changes the fabric of our residential neighborhood. In order to be more compatible with the neighborhood and decrease the potential for visual clutter on the transmission tower, the original proposal was modified by eliminating a satellite dish and by reducing the width of the panel antennas from 12” to 8” to be more compatible in scale with the structural members of the transmission tower. The panels will also be painted to match the tower structure. The equipment building was designed with a stucco exterior and red tile roof so that it would match the architectural style of some of the surrounding residential properties. Based on the neighborhood concerns about views, the applicant was directed to try to reduce the height of the building by lowering it into the ground. Revised plans were submitted which reduced the height of the equipment building from 13’ to 8’ 7”. In order to further mitigate any potential impacts to views, the Planning Commissions approval of the project included a condition to construct the equipment building with a flat roof so the overall height does not exceed 6 feet above existing grade. Shrubs are also proposed around the equipment building for screening. 3. Property values will be decreased due to unsightly equipment and at this time unknown risks. The applicant presented a Proximity Damage Study to the Planning Commission which indicates that cellular facilities mounted on pole structures (monopoles) do not have an adverse impact to surrounding property values. This project is not proposing a new 8b MEMO TO CM - CUP 00-13 GTE WIRELESS LA COSTA AUGUST 17,200O PAGE 2 monopole, but would be collocating on an existing 119 foot tall steel lattice transmission tower. 4. Noise pollution and increased traffic in the easement. The project will be equipped with ground-mounted air conditioning units placed below the level of the existing grade. Noise levels from the air conditioning units range between 45 and 60 dB(A). Mounting the units below grade will further mitigate noise levels to between 40 and 50 dB(A) which is below the City’s 60 dB(A) CNEL exterior noise level threshold. The project generates very little traffic, requiring only routine maintenance visits twice monthly and occasional visits in response to operational problems. 5. Possible non-conformance with FCC regulations regarding placement of antennas in relation to residential property. Telecommunications facilities are licensed by the FCC. As a condition of licensure, providers are required to comply with American National Standards Institute (ANSI) standards for safe human exposure to radio frequency (RF) electromagnetic fields. Non- compliance may result in revocation of an FCC license. The Telecommunications Act of 1996 preempts local government from denying facilities based on RF emissions, if they are in compliance with the FCC guidelines. 6. Possible intrusion on homeowner’s property. Based on field surveys, the applicant has indicated that the adjacent property owner to the north has constructed a fence approximately 3 feet into the SDG&E easement area. The fence will be removed and a new fence will be installed on the property line as part of the development proposal. 7. A building would be inconsistent with an “open space”easement as described in our property titles. Quasi-public utilities such as the proposed cellular telecommunications facility are permitted within the SDG&E transmission line open space easement with approval of a conditional use permit. The open space easement granted to the City of Carlsbad, as described in the preliminary title report, would permit construction of a building, structure or other thing in conjunction with approval of a special use permit (Conditional Use Permit) issued pursuant to the Zoning Ordinance of the City of Carlsbad. 8. Precedent of the City Council’s decision in El Cajon in favor of their residents in a similar situation. On May 25, 1999, the El Cajon City Council denied a proposed Air-touch cellular facility to be collocated on a water tank. There presently exists a Nextel wireless facility on the tank which consists of 6 panel antennas and a 200 square foot equipment building. When Nextel was approved, the Planning Commission expressed concern that additional facilities might create an over-intensification of wireless communications facilities in one location. The Air-touch proposal included 30 panel antenna, 6 whip antenna, 2 dish antenna, and an equipment building. This increased the number of antenna more than seven-fold and doubled the number of equipment buildings. The El Cajon City Council found that the addition of the proposed Air-touch facility would cause an over-intensification of such facilities in this particular area, especially where alternative sites for such facilities should be 83 MEMO TO CM - CUP 00-13 GTE WIRELESS LA COSTA AUGUST 17,200O PAGE 3 available and that the proposal would negatively impact the property values of the surrounding residential neighborhood. Currently, El Cajon is in the process of developing a new Wireless Ordinance and has placed a moratorium on any new facilities in residential zones or within 100 feet of a residential zone until the ordinance is adopted. 9. Only one member of the Planning Commission visited the proposed site and that member was the on/y one to vote in favor of the residents. Planning Commissioners are not required to visit the site and are supplied with photos of the site. Photo simulations of the proposal were also presented at the public hearing. 10. Inaccurate drawings presented by the applicant. This may refer to item # 6. Il. Cellular service already available in area from other companies. This may be true, however, the proposed site is needed to provide coverage in the La Costa area for GTE subscribers. Currently, there is extremely limited coverage and the proposed site, located at the top of a hill, will provide unobstructed line-of-site transmission to existing cellular facilities to the south, east and west. Furthermore, reliable cellular communications services are an important method of communication in the event of an emergency situation or natural disaster. 12. All additional materials presented by residents of this area at the Planning Commission’s meeting of July 19 and August 2, 2000. Please refer to the attachments to the staff report and minutes for additional items brought up by the residents. w- &(.,,L-, BARBARA KENNEDY c: Gary Wayne, Assistant Planning Director Adrienne Landers, Principal Planner 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 adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 15, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San dMarcos , California Dated at day 15th this eptember, 2000 - ,* \, of ii ,. This space is for the County Clerk's Filing Stamp CLF Q us rir -. Proof of Publication of Notice of Public Hearing .- PUBLIC HEARING APPEAL CUP 00-13 GTE WIRELESS LA COSTA NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad wi hold a public hearing at the City Council Chambers, 1200 Carlsbad Villag Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, September 26, 2000, t consider an appeal of the Planning Commission's decision approving a reques for a Conditional Use Permit to allow the installation of an unmanned cellula facility consisting of a 200 square foot equipment room and twelve(l2) pane antennas mounted to an existing SDG&E transmission tower. The site i: located within the the open space easement between Esfera Street and Piragui Street, north of Cab0 Court in the Planned Community (PC) Zone in Loca Facilities Management Zone 6 and more particularly described as. Lot 401 of Carlsbad Tract No. 72-20 (La Costa Vale) Unit No. 3, in the City o Carlsbad, County of Sari Diego, State of California, according to Map thereo; No. 7950, filed in the Office of the County Recorder of San Diego, June 3, 1974 Those persons wishing to speak on this Proposal are cordially invited to attend the public hearing Copies of the staff re be available on and after September 22 you have any questions, please call lennedy in the Planning Department 502-4626, extension 4328 f you challenge the Conditlonal Use Permit ourt you may be limited to raising only tho sues raised by you or someone else at t wblic hearing described in this notice or vritten correspondence delivered to the City :arkbad City Clerk s Office at or prior to, t ublic hearing GTE WIRELESS LA COSTA ASE FILE CUP 00-13 ASE NAME GTE WIRELESS LA COSTA ARLSBAD CITY COUNCIL Legai 68108 ;eptember 15, 2000 -' NORTH COUNTY TIMES Legal Advertising Smooth Feed SheetsTM Use ternpiate for 5:r. City Clerk 1 .Ibl CITY OF ENCINITAS 505 S WLCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS CITY OF OCEANSIDE 1 CIVIC CENTER DR 300 NORTH COAST HWY SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 REGIONAL WATER QUALITY SD COUNTY PLANNING STE B STE B 9771 CLAIREMONT MESA BLVD 5201 RUFFIN RD SAN DIEGO CA 92124-1331 SAN DIEGO CA 92123 CALIF DEPT OF FISH & GAME LAFCO STE 50 1600 PACIFIC HWY 330 GOLDENSHORE SAN DIEGO CA 92101 LONG BEACH CA 90802 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 I. P.U.A. CA COASTAL COMMISSION SCHOOL OF PUBLIC ADMIN AND STE 103 URBAN STUDIES 7575 METROPOLITAN DR SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92108-4402 SAN DIEGO CA 92182-4505 GTE WIRELESS BCE DEVELOPMENT INC c/o GENERAL DYNAMICS/WTS c/o Thomas Casey STE 110 3151 AIRWAY AVE STE A-1 2835 CAMINO DEL RIO S COSTA MESA CA 92626 SAN DIEGO CA 92108 SDG&E LETTIERI-MCINTYRE & ASSOC JOHN B BURTON LAND MANAGER DEBORAH COLLINS 101 ASH ST 1551 qTH AVE STE 430 SAN DIEGO CA 92101 SAN DIEGO CA 92101-3152 CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY PUBLIC WORKS/ENGINEERING MUNICIPAL WATER DISTRICT SERVICES DEPT CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 8/22/2000 AVERYO Address Labels Laser 5 160@ Smooth Feed SheetsTM CORONA HOMEOWNERS ASSN La Costa Property Owners c/o HORIZONS within 600‘ 343 RICHMAR AVE SAN MARCOS CA 92069 JAMES & AURORA SHRIVER TRUST 7346 CADENCIA ST CARLSBAD CA 92009 ROBERT & ANNE SCHMIDT 1336 CADENCIA ST CARLSBAD CA 92009 YOUNG FAMILY TRUST 3230 VENADO ST CARLSBAD CA 92009 CHARLES STOOPACK TRUST 3240 VENADO ST CARLSBAD CA 92009 WILLIAM & MAUREEN HOPSON 3251 PIRAGUA ST CARLSBAD CA 92009 BCE DEVELOPMENT PROPERTIES INC 33 S SIXTH ST MINNEAPOLIS MN 55402 DAVID & KAY DOKE 3240 PIRAGUA ST CARLSBAD CA 92009 RICHARD & TERRI MACY 3306 VENADO ST CARLSBAD CA 92009 CHU SHENG FAN 3316 VENADO ST CARLSBAD CA 92009 LARRY & JEANETTE YGLESIA 7412 CADENCIA ST CARLSBAD CA 92009 DAVID & DEB1 CAPR 3322 VENADO ST CARLSBAD CA 92009 EDMUND & MONICA SPRAGUE 3323 PIRAGUA ST CARLSBAD CA 92009 M AWE RY” Address Labeis BRAUNSTEIN FAMILY TRUST 3230 PIRAGUA ST CARLSBAD CA 92009 WARD & JANE KAO SUITE B 1042 N EL CAMINO REAL ENCINITAS CA 92024 DENNIS & WENDY HODNET 3315 VENADO ST CARLSBAD CA 92009 MIHOLOCH FAMILY TRUST 2735 CAZADERO DR CARLSBAD CA 92009 DANIEL FAMILY TRUST 3332 VENADO ST CARLSBAD CA 92009 HAROLD & VIVIAN GANO 3321 PIRAGUA ST CARLSBAD CA 92009 MARK & JACCUELINE STZVZNS 7356 CADENCIA ST CARLSBAD CA 92039 CALDWELL TRUST 3221 PIRAGUA ST CARLSBAD CA 92009 MICHAEL & MARY GUNN 3250 VENADO ST CARLSBAD CA 92009 AGNES KIM 3250 PIRAGUA ST CARLSBAD CA 92009 JOHN & STEPHANIE MITCHELL 3302 VENADO ST CARLSBAD CA 92009 CHISTOPHER & VELYN ANDERSON 3314 VENADO ST CARLSBAD CA 92009 YOURE & LINDA SHADIAN 3321 VENADO ST CARLSBAD CA 92009 PAUL & MAIA MARANGOS 7402 CADENCIA ST CARLSBAD CA 92009 LEE & DIANE WOOD 3336 VENADO ST CARLSBAD CA 92009 THOMAS & SUE CHEN 3319 PIRAGUA ST CARLSBAD CA 92009 Laser 5160@ Smooth Feed SheetsTM Use tern3late fc- E MAXWELL & LINDA COLON 3317 PIRAGUA ST CARLSBAD CA 92009 RICHARD & CLAUDIA 3311 PIRAGUA ST CARLSBAD CA 92009 JEFFEREY & KRISTI 3320 PIRAGUA ST CARLSBAD CA 92009 BARBOUR GEOFFREY & MARIE HILDEBRANDT 3315 PIRAGUA ST CARLSBAD CA 92009 ROBERT MILLER SUITE E 1386 POINSETTIA AVE VISTA CA 92083 DALZ & CHA KIMBALI, 3313 PIRAGUA ST CARLSBAD CA 92009 FORD FAMILY TRUST 3322 PIRAGUA ST CARLSBAD CA 92009 PETERSON DAVID & KIMBERLY CLARKiN MARIANNA ADAM 3322 PIRAGUA ST 3324 PIRAGUA ST CARLSBAD CA 92009 CARLSBAD CA 92009 RONALD & JUDY BOLTON ROY & ROSEMARY WISE CANDACE & MARK WEISS 3326 PIRAGUA ST 3328 PIRAGUA ST 7461 ESFERA ST CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 NATHAN & FARBIA SALEHI 7451 ESFERA ST CARLSBAD CA 92009 BARTL REVOCABLE TRUST 3305 PIRAGUA ST CARLSBAD CA 92009 HOLLAND FAMILY TRUST 3302 PIRAGUA ST CARLSBAD CA 92009 WILLIAM & ANNE HALL 3308 PIRAGUA ST CARLSBAD CA 92009 HOWARD & TERRI WIEDRE 7441 ESFERA ST CARLSBAD CA 92009 GIHBSSON FAMILY TRUST 3315 CABO CT CARLSBAD CA 92009 P WOODCOX & JANE FISHER FREDERICK & HELEN ARBUCKLE 3309 PIRAGUA ST 3307 PIRAGUA ST CARLSBAD CA 92009 CARLSBAD CA 92009 LUTFI & DIANE SHAKHSHIR EDWIN & MARION ALLARD 3303 PIRAGUA ST 3301 PIRAGUA ST CARLSBAD CA 92009 CARLSBAD CA 92009 LOUIS ROSANOVA FAMILY TRUST SAMUEL & CATHY PA1 3304 PIRAGUA ST 3306 PIRAGUA ST CARLSBAD CA 92009 CARLSBAD CA 92009 BRADLEY & LAURIE OWEN 3310 PIRAGUA ST CARLSBAD CA 92009 JAMES & KAREN HANSEN 3319 CABO CT CARLSBAD CA 92009 ROBERT & MARY HELEN BAKER 3313 CABO CT CARLSBAD CA 92009 ISAK & LIMA KHANIS 3312 PIRAGUA ST CARLSBAD CA 92009 MICHAEL & JOYCE COWEN TRUST PO BOX 1480 MURRAY KY 42071 JORDHEIM FAMILY TRUST 3311 CAB0 CT CARLSBAD CA 92009 Address Labeis Laser 5160@ Smooth Feed SheetsTM IVAN & MONICA JELLINEK 3312 CABO CT CARLSBAD CA 92009 KENNETH & SARA WAHL 7421 ESFERA ST CARLSBAD CA 92009 WILLIAM 6 CARCLYK SF-:IX:I;ECT' EDWARD & PATRICIA CERDA 3314 CABO CT 3316 CABO CT CARLSBAD CA 92009 CARLSBAD CA 92003 XAVIER & GLORIA MARTINEZ 7411 ESFERA ST CARLSBAD CA 92009 DONALD & GRACE BRILL TRUST MORGAN FAMILY TRUST 3333 FOSCA ST 3331 FOSCA ST CARLSBAD CA 92009 CARLSBAD CA 92009 WELCH LIVING TRUST 3327 FOSCA ST CARLSBAD CA 92009 AVA DAVIS TRUST 3326 FOSCA ST CARLSBAD CA 92009 THOMAS & JEANNE MEADOWS 3332 FOSCA ST CARLSBAD CA 92009 MARY HAY 3320 FOSCA ST CARLSBAD CA 92009 BEATRICE KANE 3325 FOSCA ST CARLSBAD CA 92009 MURDOCK FAMILY LIMITED PARTNERSHIP 3320 FOSCA ST CARLSBAD CA 92009 JOHN & BECI CONNOLLY 3316 FOSCA ST CARLSBAD CA 92009 CHRISTOPHER & ADRIENNE DURSO 3322 FOSCA ST CARLSBAD CA 92009 WILLARD & IONA ROBERTS TIMOTHY & SUSAN SULLIVAN 7322 LAS BRISAS CT 7324 LAS BRISAS CT CARLSBAD CA 92009 CARLSBAD CA 92009 ARTHUR & CATHLEEN LECLAIR DONNA KANE 7328 LAS BRISAS CT 7330 LAS BRISAS CT CARLSBAD CA 92009 CARLSBAD CA 92009 JOHN & JEANETTE KOESTNER KENNETH & JULIE CHASE 7329 LAS BRISAS CT 7327 LAS BRISAS CT CARLSBAD CA 92009 CARLSBAD CA 92009 B C E DE VE L 0 PM E N T I NC 33 S SIXTH ST MINNEAPOLIS MN 55402 P R 0 P E R T I E S HOPP FAMILY TRUST 3329 FOSCA ST CARLSBAD CA 92009 CANCELLIER FAMILY TRUST 3323 FOSCA ST CARLSBAD CA 92009 LARRY & PENNY GUNDERSEN 3330 FOSCA ST CARLSBAD CA 92009 GEORGE & SUSAN BOSTROM FAMILY TRUST 3318 FOSCA ST CARLSBAD CA 92009 RICHARD & DAVOS DWYER 3324 FOSCA ST CARLSBAD CA 92009 JOSEPH & SUSAN KILKENNY 7326 LAS BRISAS CT CARLSBAD CA 92009 FRANK & JOANN NOLAN 7331 LAS BRISAS CT CARLSBAD CA 92009 GEOFFREY HILDEBRANDT 3315 PIRAGUA ST CARLSBAD CA 92009 Laser 5160@ Smooth Feed SheetsTM FREDERICK & KAREN ZERLAUT TRUST 7323 LAS BRISAS CT CARLSBAD CA 92009 ESTA CHAMBERS TRUST 3317 FOSCA ST CARLSBAD CA 92009 JOSEPH & ANGELA BEAR TRUST 3311 FOSCA ST CARLSBAD CA 92009 BRIAN TULLOCH 7314 BORLA PL CARLSBAD CA 92009 ROBERT & SANDRA COLER 16060 ROSE AVE MONTE SERENO CF. 95030 FRANK & LUCILLE CHEVASKY 3315 FOSCA ST CARLSBAD CA 92009 MARK THIEMENS & NASRIN MAR2 BAN 7313 BORLA PL CARLSBAD CA 92009 WAIEL ALI 7312 BORLA PL CARLSBAD CA 92009 DAVID & CATHERINE BROWNIE STELLA MILES TRUST 7317 ESFERA ST 7319 ESFERA ST CARLSBAD CA 92009 CARLSBAD CA 92009 CANCELLIER FAMILY TRUST ROBERT & DIANE BOSTIC 3323 FOSCA ST 3336 FOSCA ST CARLSBAD CA 92009 CARLSBAD CA 92009 CHRISTOPHER & DIETKE FEUGE SCOTT & SANDRA HOOK 3340 FOSCA ST 7325 MUSLO LN CARLSBAD CA 92009 CARLSBAD CA 92009 RICHARD & SUSAN PODGORSKI 7321 MUSLO LN CARLSBAD CA 92009 LEONARD OBERMAN & NANCY HUTTEN 7314 ESFERA ST CARLSBAD CA 92009 GREG & JENNY CHRISTOPHERSON KIPP & ELIZABETH ANDERS 7318 ESFERA ST 7320 ESFERA ST CARLSBAD CA 92009 CARLSBAD CA 92009 JOSEPH & HEIDI GROSSHART CLARK & AURA DEARMOND 7328 MUSLO LN 7330 MUSLO LN CARLSBAD CA 92009 CARLSBAD CA 92009 LAUREN & LAUREL WASSER?:A?: FAMILY TRUST 3319 FOSCA ST CARLSBAD CA 92009 PERRY & MARY WILLSON 3313 FOSCA ST CARLSBAD CA 92009 RAY LIPSON TRUST 7315 BORLA PL CARLSBAD CA 92009 WILLIAM & JODY REED 7315 ESFERA ST CARLSBAD CA 92009 KING TRUST PO BOX 1524 RANCHO SANTA FE CA 92067 LACKEY FAMILY TRUST 3338 FOSCA ST CARLSBAD CA 92009 PETER & PHOEBE OHNSTAD 7323 MUSLO LN CARLSBAD CA 92009 STEVE & GINA PARKER 7316 ESFERA ST CARLSBAD CA 92009 TIMOTHY & DANNIELLE MI LLIKEN 7326 MUSLO LN CARLSBAD CA 92009 TURALBA LIVING TRUST 7332 MUSLO LN CARLSBAD CA 92009 Laser 5160@ Smooth Feed SheetsTM TIMOTHY & JANEAN STRIPE 7149 ARGONAUTA WY CARLSBAD CA 92009 STANLEY & GIEDRE MILAS 3339 FOSCA ST CARLSBAD CA 92009 PATRICK & SANDRA GRAVITT 7410 ESFERA ST CARLSBAD CA 92009 ELEANOR DEMPSEY 3328 CABO WY CARLSBAD CA 92009 DONALD & SUSAN HARTLEY 3334 CABO WY CARLSBAD CA 92009 SOUKUP FAMILY TRUST 7432 TRIGO LN CARLSBAD CA 92009 BARRY & FELICIA SHEERMAN 7446 TRIGO LN CARLSBAD CA 92009 WILLIAM & TODDY DUNKLE 3336 PIRAGUA ST CARLSBAD CA 92009 SCOTT & DIANE KAATS 811 MORNING SUN DR ENCINITAS CA 92024 NANCY COLMER 7157 ARGONAUTA WY CARLSBAD CA 92009 MICHAEL & NADINE ZINSS FAMILY TRUST 3341 FOSCA ST CARLSBAD CA 92009 ROGER & LINDA NIEMEYER 3343 FOSCA ST CARLSBAD CA 92009 CHANG FAMILY TRUST MICHAEL & JAINAIN HONARD PO BOX 7028 3335 FOSCA ST RANCHO SANTA FE CA 92067 CARLSBAD CA 92009 MARYAM TAHMASEBI 7420 ESFERA ST CARLSBAD CA 92009 JOHN & LAURA ELMORE 3330 CABO WY CARLSBAD CA 92009 JAMES & MARY CLARK 3336 CABO WY CARLSBAD CA 92009 MARY POPOVICH 7436 TRIGO LN CARLSBAD CA 92009 BCE DEVELOPMENT PROPERTIES INC 33 S SIXTH ST MINNEAPOLIS MN 55402 KAHLAN & MAHIN ATASSI FAMILY TRUST 3326 CAB@ WY CARLSBAD CA 92009 BERNARD DORMAN TRUST 3332 CABO WY CARLSBAD CA 92009 WILLIAM & BETTY BILLSTEIN PO BOX 1274 CARDIFF CA 92007 JAMES & KIRSTEN RECCE 7442 TRIGO LN CARLSBAD CA 92009 YOURE & LINDA SHADIAN 3321 VENADO ST CARLSBAD CA 92009 ABRAHAM & MARILYN ARKINZADEH 7441 TRIGO LN CARLSBAD CA 92009 NORM & SHERYL NICOLSON 7445 TRIGO LN CARLSBAD CA 92009 RICHARD & MARCIA MOLNAR WILLIAM & FELICIA HAYS 3329 CABO WY CARLSBAD CA 92009 CARLSBAD CA 92009 3327 CABO WY BRIAN & SUSAN YORK 3323 CABO WY CARLSBAD CA 92009 KATHY FRAZ E R 7450 ESFERA ST CARLSBAD CA 92009 AVERY@ Address Labels Laser 5160@ Smooth Feed SheetsTM DIANNE VENNARD 7460 ESFERA ST CARLSBAD CA 92009 Address Labeis LORRAINE CLARK FAMILY TRUST 7466 ESFERA ST CARLSBAD CA 92009 Laser 5 160@