HomeMy WebLinkAbout2009-09-15; City Council; 19960; AT&T 7512 CadenciaCITY OF CARLSBAD - AGENDA BILL
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2009-229 APPROVING Conditional Use Permit
Extension (CUP 00-36x1) as recommended for approval by the Planning Commission.
ITEM EXPLANATION:
8
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MTG. 09/15/09
DEPT. PLN
AT&T7512CADENCIA
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DEPT. HEAD M^7 ^
CITY ATTY. <^
CITY MGR. / ,,
Project Application(s)
Conditional Use Permit
Administrative
Approvals
Planning
Commission
RA
City
Council
X
RA = Recommended Approval
* = Final City decision-making authority
^ = requires Coastal Commission approval
On July 15, 2009 the Planning Commission conducted a public hearing and recommended approval (7-
0-0) of a retroactive 10-year extension of Conditional Use Permit No. CUP 00-36 (from January 17, 2009
- January 2019) to allow the continued operation of an existing "stealth" Wireless Communications
Facility consisting of a 240 square foot radio base station (RBS) within a 400 square foot garage and a
total of six (6) panel antennas within two expanded chimney structures and one faux chimney on a
single family residence located at 7512 Cadencia Street in Local Facilities Management Zone 6.
On May 16, 2001, CUP 00-36 was originally denied by the Planning Commission based on
neighborhood opposition to the proposed use. The applicant filed a timely appeal to the City Council
and on October 16, 2001, the City Council upheld the denial of CUP 00-36. AT&T commenced litigation
in November 2001 in the Federal District Court in San Diego challenging the City Council's denial. The
City Council denial was overturned. As a result, on December 9, 2003, the City Council adopted City
Council (CC) Resolution No. 2003-325 approving CUP 00-36 based upon the court order. Condition No.
7 of the approving City Council Resolution specifies that CUP 00-36 is granted for a period of 5 years
(January 17, 2004 - January 16, 2009) but may be extended by the City Council upon written application
of the permittee (AT&T Wireless). The applicant submitted an application to extend the use in a timely
manner on January 5, 2009.
As discussed in the Planning Commission staff report and resolution, the project complies with all
applicable policies, regulations and development standards, including the P-C zone, the General Plan,
and City Council Policy No. 64 (Wireless Communication Facility). All required findings for approval can
be made. Although the existing Wireless Communication Facility (WCF) is located in a "discouraged
location" (residential zone), the applicant has demonstrated that there are no other non-residential
properties within the vicinity that are at a high enough elevation to meet the required coverage objectives
as the existing site. The existing WCF's six panel antennas are fully concealed within a faux chimney
and two expanded chimney structures and the existing radio base station is fully concealed inside a 400
DEPARTMENT CONTACT: Shelley Esteybar 760-602-4625 shellev.estevbar@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
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square foot garage. If the City Council adopts the recommendation of the Planning Commission, the
Conditional Use Permit will be approved for a period of ten years. Future extensions of the permit would
also be final actions of the Planning Commission unless appealed.
FISCAL IMPACT:
This project is an extension of an existing WCF therefore, no fiscal impacts are anticipated.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) of the State CEQA Guidelines
and will not have any adverse significant impact on the environment in that the project is for an existing
WCF with no revisions or additions proposed. Therefore, no further CEQA compliance is required.
EXHIBITS:
1. City Council Resolution No. 2009-229
2. Location Map
3. Planning Commission Resolution No. 6600
4. Planning Commission Staff Report dated July 15, 2009
5. Excerpts of Planning Commission minutes dated July 15, 2009
6. Radius Map.
1 RESOLUTION NO. 2009-229
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A RETROACTIVE TEN
3 YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. CUP
00-36 TO ALLOW THE CONTINUED OPERATION OF AN
4 EXISTING WIRELESS COMMUNICATIONS FACILITY
CONSISTING OF A 240 SQUARE FOOT RADIO BASE STATION
5 (RBS) WITHIN A 400 SQUARE FOOT GARAGE AND A TOTAL
OF SIX (6) PANEL ANTENNAS WITHIN TWO EXPANDED
6 CHIMNEY STRUCTURES AND ONE FAUX CHIMNEY ON
RESIDENTIAL PROPERTY LOCATED AT 7512 CADENCIA
7 STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: AT&T 7512 CADENCIA
8 CASE NO.: CUP 00-36X1
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
10
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 15, 2009, hold a duly noticed public hearing as prescribed by law to
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consider Conditional Use Permit Extension (CUP 00-36x1); and
WHEREAS, the City Council of the City of Carlsbad, on the 15th day of
September, 2009, held a duly noticed public hearing to consider said Conditional Use Permit
Extension, and at that time received recommendations, objections, protests, comments of all16
persons interested in or opposed to CUP 00-36x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City18
of Carlsbad as follows:
2Q 1. That the above recitations are true and correct.
21 2. That the recommendation of the Planning Commission for the approval of
a Conditional Use Permit Extension, is adopted and approved, and that the findings and
22 conditions of the Planning Commission contained in Planning Commission Resolutions No.
6600 on file with the City Clerk and incorporated herein by reference, are the findings and
23 conditions of the City Council. Future extensions will be granted by the Planning Commission
as required under the Carlsbad Municipal Code and by Condition No. 4 of Planning Commission
24 Resolution No. 6600.
25 3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
26 Review" shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15tb day of September 2009, by the following vote, to wit:
AYES: Council Member? Lsvis, KJcbin, fell, Packard and Blackturn.
NOES: Nene.
ABSENT: None.
ATTEST:
-2-4
EXHIBIT 2
\
SITEMAP
NOT TO SCALE
AT&T-7512CADENCIA
CUP 00-36x1
EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6600
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A RETROACTIVE TEN YEAR EXTENSION
4 OF A CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUED OPERATION OF A WIRELESS
COMMUNICATIONS FACILITY CONSISTING OF A 240
6 SQUARE FOOT RADIO BASE STATION (RBS) WITHIN A 400
SQUARE FOOT GARAGE AND SIX PANEL ANTENNAS
7 WITHIN TWO EXTENDED CHIMNEYS AND ONE FAUX
CHIMNEY ON THE ROOF OF AN EXISTING SINGLE
8 FAMILY RESIDENCE LOCATED AT 7512 CADENCIA
o STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: AT&T 7512 CADENCIA
10 CASE NO.: CUP 00-36x1
11 WHEREAS, AT&T Wireless, the "Applicant," has filed a verified application
12 with the City of Carlsbad regarding property owned by Patrick and Viona L. Van Hoose,
13 "Owner," described as
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Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in
15 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
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("the Property"); and
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WHEREAS, the City Council approved CUP 00-36, on December 9,2003, based
2Q upon a court order; and
21 WHEREAS, said verified application constitutes a request for a Conditional Use
22 Permit Extension as shown on Exhibits "A" - "F" dated May 16, 2001, on file in the Planning
23 Department AT&T 7512 CADENCIA - CUP 00-36X1, as provided by the conditions of
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approval of CUP 00-36 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on July 15, 2009, hold a duly noticed
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27 public hearing as prescribed by law to consider said request and make a recommendation to the
28 City Council; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CUP Extension.
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WHEREAS, on December 9, 2003, the City Council approved CUP 00-36 as
5 described and conditioned in City Council Resolution No. 2003-325.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
9 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
11 Commission RECOMMENDS APPROVAL OF AT&T 7512 CADENCIA -
CUP 00-36x1 based on the following findings and subject to the following
conditions:
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Findings:
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1. The adopted findings for CUP 00-36 which are contained in City Council Resolution No.
15 2003- 325 apply to this extension and are incorporated by this reference.
2. That the Planning Director has determined that the project belongs to a class of projects
17 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
18 preparation of environmental documents pursuant to Section 15301, Existing Facilities,
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
2Q apply to this project.
21 3. That the existing Wireless Communication Facility (WCF) remains consistent
with the location and design guidelines of City Council Policy No. 64, in that
22 although the facility is located within the Planned Community (P-C) residential
zone, a "discouraged" location, the applicant has demonstrated that no feasible
alternative site currently exists within a "preferred" location that can achieve
24 the required WCF coverage objectives as its current location. Furthermore, the
existing Wireless Communication Facility exhibits "stealth" design through
25 locating a 240 square foot Radio Base System (RBS) in a garage and concealing
six (6) panel antennas within two extended chimneys and one faux chimney.26
2y Conditions:
28 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
PC RESO NO. 6600 -2-
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
3 property title; 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
Extension.
2. All conditions of approval imposed upon Conditional Use Permit CUP 00-36 as stated in
City Council Resolution No. 2003-325 shall apply as conditions of approval for CUP 00-
36x1 and are incorporated by this reference, except Planning Conditions No. 6, 8, 9, 11
and 14, which have been satisfied and Planning Condition No. 7, which is
superseded by Condition No. 4 below. Conditions of approval No. 3, 5, 6 and 7
Q below are new conditions.
10 3. 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
11 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.
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This Conditional Use Permit Extension is granted retroactively for a period of ten years
15 from January 17, 2009 through January 16, 2019. 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 ten years upon written application of the permittee made no less than
18 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
21 is no limit to the number of extensions the Planning Commission may grant.
22 5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris.23
24 6. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
25 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
26 Permit Extension by Resolution No. 6600 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
28 inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest. If a Notice of
PC RESO NO. 6600 -3-
Restriction is not recorded by October 15, 2009, this approval shall become null and
2 void.
3 Engineering:
Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
5 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
7 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
NOTICE10
,, 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
\2 "fees/exactions."
13 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
ir 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
16 annul their imposition.
17 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
19 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
20 expired.
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PC RESO NO. 6600 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 15,2009 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
MARTELL B. MONTGOMERY, UMlrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
0.x.
DON NEU
Planning Director
PC RESO NO. 6600 -5-
EXHIBIT 4
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING
COMMISSION
Conditional Use Permit Extension
Item No.
P.C. AGENDA OF: July 15, 2009
Application complete date: April 20, 2009
Project Planner: Shelley Esteybar
Project Engineer: David Rick
SUBJECT: CUP 00-36x1 - AT&T 7512 CADENCIA - Request for a recommendation of
approval for a retroactive ten year extension of Conditional Use Permit No. CUP
00-36 to allow the continued operation of an existing Wireless Communications
Facility consisting of a 240 square foot radio base station (RBS) within a 400
square foot garage and a total of six (6) panel antennas within two expanded
chimney structures and one faux chimney on residential property located at 7512
Cadencia Street in Local Facilities Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6600
RECOMMENDING APPROVAL of conditional Use Permit Extension No. CUP 00-36x1,
based upon the findings and subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive ten year extension of CUP 00-36 will allow the continued operation of
a Wireless Communication Facility (WCF) consisting of a 240 square foot radio base station
(RBS) within a 400 square foot garage and a total of six (6) panel antennas within two expanded
chimney structures and one faux chimney at 7512 Cadencia Street from January 17, 2009 to
January 16, 2019.
The project complies with City Standards and all necessary findings can be made for the
approval being requested. The City Council is the final decision making body for this project.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant (AT&T) is requesting a retroactive ten (10) year extension of CUP 00-36 (from
January 17, 2009 - January 16, 2019) to allow the continued operation of a WCF consisting of a
240 square foot RBS within a 400 square foot garage and a total of six (6) panel antennas within
two expanded chimney structures and one faux chimney at this site.
On May 16, 2001, CUP 00-36 was denied by the Planning Commission based on neighborhood
opposition to the proposed use. The applicant filed a timely appeal to the City Council and on
October 16, 2001, the City Council upheld the denial of CUP 00-36. AT&T commenced
CUP 00-36x1 - AT&T 7512 CADENCIA
July 15, 2009
Page 2
litigation in November 2001 in the Federal District Court in San Diego challenging the City
Council's denial. The City Council denial was overturned. As a result, on December 9, 2003,
the City Council adopted City Council (CC) Resolution No. 2003-325 approving CUP 00-36
based upon the court order. Condition No. 7 of the approving City Council Resolution specifies
that CUP 00-36 is granted for a period of 5 years (January 17, 2004 - January 16, 2009) but may
be extended upon written application of the permittee (AT&T Wireless). The applicant
submitted an application to extend the use in a timely manner on January 5, 2009. Condition No.
7 of the approving CC resolution also states that the City Council may not grant such CUP
extension, unless it finds that there are no substantial negative effects on surrounding land uses
or the public's health and welfare. Therefore, a final action for CUP 00-36x1 shall be made by
the City Council and a recommendation action shall be made by the Planning Commission.
On October 3, 2001, the City Council adopted a policy (Policy # 64) regarding prioritization for
the location of Wireless Communication Facilities (WCF) within the City. The guidelines state
that WCFs should be located on buildings and structures, not on vacant land. In addition,
preferred locations of WCFs, in order of priority, are industrial, commercial, public, other non-
residential, public utility, park, or community facility property.
The WCF is located in a P-C "residential" zone. Residential zones are considered "discouraged
locations" under the City Council Policy #64 Guidelines. However, WCFs may be located in
"discouraged locations" if the applicant demonstrates that no feasible alternative site exists
within a preferred location. The applicant has submitted coverage maps indicating the coverage
needs for this facility (see Attachments 6 & 7). The areas requiring coverage are residential.
The applicant has demonstrated that there are no other properties within the vicinity that have a
non-residential land use designation and are at a high enough elevation to meet the required
WCF coverage objectives as the existing site. The nearby SDG&E towers to the north are also
not a feasible alternative in that the property is also located in a non-preferred location (open
space) and placing a WCF on the towers could create significant visual impacts to surrounding
neighbors.
The design guidelines of City Council Policy # 64 require that all aspects of a WCF, including
the supports, antennas, screening methods, and equipment should exhibit "stealth" design
techniques so they visually blend into the background or the surface onto which they are
mounted. The policy encourages collocation wherever feasible and appropriate. The project
complies with the policy design guidelines in that the facility is a "stealth" design. Specifically,
the six (6) panel antennas are located within two extended chimneys and one faux chimney. The
WCF equipment is located within a 400 square foot garage. No feasible location for collocation
exists within the required coverage area. The existing T-Mobile WCF location at 7412 Cadencia
Street is not a feasible collocation site in that the faux chimney housing the three T-Mobile panel
antennas constructed to match the two existing chimneys and cannot provide sufficient room for
the five AT&T panel antennas. Creating more than 3 chimneys on the residential home would
not be consistent with the surrounding homes which currently have 3 or less chimneys.
Additionally, the T-Mobile site does not provide adequate space for the four equipment cabinets
currently housed within the 400 square foot garage.
The applicant submitted an RF emissions report to ensure that the RF emissions will not exceed
the FCC guidelines. The report indicates that the RF emissions of the AT&T Wireless antennas
will be well below the FCC standard for continuous public exposure.
CUP 00-36x1 - AT&T 7512 CADENCIA
July 15, 2009
Page 3
IV. ANALYSIS
A. The existing Wireless Communication Facility continues to be consistent with all
applicable plans, policies and regulations described below:
1. The Carlsbad General Plan;
2. Planned Community (P-C) Zone (Chapter 21.38 of the Carlsbad Municipal Code);
3. The La Costa Master Plan (MP 149);
4. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal
Code);
5. City Council Policy Statement: Policy # 64 - Wireless Communication Facilities;
6. Local Facilities Management Plan for Zone 6;
7. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
B. The adopted project findings for CUP 00-36, which are contained in City Council
Resolution No. 2003-325, still apply to this project (CUP 00-36x1) and are incorporated
within the new resolution by reference.
C. The adopted project conditions for CUP 00-36, which are contained in City Council
Resolution No. 2003-325 still apply to this project (CUP 00-36x1) with the exception of
Planning Condition Nos. 6, 8, 9, 11 and 14 which have been satisfied and Planning
Condition No. 7, which is superseded by Condition No. 4 in Planning Commission
Resolution No. 6600 to extend CUP 00-36 retroactively for ten years from January 17,
2009 through January 16, 2019. Conditions of approval Nos. 3, 5, 6 and 7 are new
conditions.
D. No formal written complaints regarding CUP 00-36 have been submitted to the City.
E. Annual reviews have been conducted for CUP 00-36 and the project is in compliance
with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301 "Existing Facilities," of the
State CEQA Guidelines and will not have any adverse significant impact on the environment. A
Notice of Exemption shall be filed with the County Clerk upon approval of this project.
ATTACHMENTS;
1. Planning Commission Resolution No. 6600
2. Location Map
3. City Council Resolution No. 2003-325, dated December 9, 2003
4. Background Data Sheet
5. Disclosure Statement
6. Coverage Exhibit without current site
CUP 00-36x1 - AT&T 7512 CADENCIA
July 15, 2009
Page 4
7. Coverage Exhibit with current site
Q
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i°i<RONEYSBCACITY ATTOR1200CARCARLSBAD,1
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RESOLUTION NO. 2003-325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR A NEW AT&T
TELECOMMUNICATIONS FACILITY CONSISTING OF A
TOTAL OF 6 PANEL ANTENNAS IN TWO EXPANDED
CHIMNEYS AND ONE NEW CHIMNEY AND
INSTALLATION OF A 240 SQUARE FOOT RADIO BASE
STATION WITHIN A NEW 400 SQUARE FOOT GARAGE
LOCATED AT 7512 CADENCIA STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: AT&T WIRELESS - 7512 CADENCIA
CASE NO.: CUP 00-36
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
WHEREAS, AT&T Wireless Services, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Patrick and Vienna
Van Hoose, "Owner," described as
Lot 486 Of Carlsbad Tract 72-20 of 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
("the Property"); and
WHEREAS, the real property owner has signed the appropriate
application and disclosure statement giving consent to applicant to locate its cellular
facilities on the residential property; and
WHEREAS, said verified application constitutes a request for a
Conditional Use Permit as shown on Exhibits "A" - "F" dated May 16, 2001, on file in the
Carlsbad Planning Department, AT&T WIRELESS - 7512 CADENCIA CUP 00-36, as
provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and
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i <> en <LU {/}
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WHEREAS, the Planning Commission did hold a duly noticed public
hearing as prescribed by law on May 16, 2001, to consider said verified application; and
WHEREAS, the Planning Commission did hold a duly notice public
hearing as prescribed by law on June 20, 2001 to approve City Council Resolution No.
5006 denying the Conditional Use Permit; and
WHEREAS, the application of AT&T Wireless Services for a Conditional
Use Permit was unanimously denied by the City Council on June 20, 2001; and
WHEREAS, AT&T Wireless Services filed a notice of appeal on July 2,
2001 appealing the Planning Commission's decision of June 20, 2001; and
WHEREAS, the matter was docketed for an appeal hearing in the manner
prescribed by law and that appeal hearing was continued for reasons explained to the
appellant and took place on August 21, 2001 in which the Council received the staff
report, evidence, arguments and testimony from all persons interested in the matter;
and
WHEREAS, the Council continued the hearing for the limited purposes of
accepting new evidence on the impacts of an existing cellular facility within two lots of
the proposed facility; and
WHEREAS, the continued public hearing date of September 11, 2001 was
cancelled due to the tragedies in New York City and Washington, D.C.; and
WHEREAS, the continued hearing was held on September 18, 2001 and
the public hearing was reopened for the limited purpose of admitting the new evidence
requested previously and allowing arguments and testimony on the new evidence by all
persons interested therein; and
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WHEREAS, the City Council denied the appeal without prejudice and
directed the City Attorney to return with documents memorializing that decision; and
WHEREAS, the applicant initiated litigation in the Federal District Court to
overturn the City Council's denial of its CUP application; and
WHEREAS, Judge Jeffrey T. Miller, United States District Judge of the
United States District Court for the Southern District of California (Case No. 01 CV 2045
JM (LAB)) granted the application of AT&T Wireless and ordered the City Council's
denial of the CUP to be set aside; and
WHEREAS, Judge Miller entered his order granting judgment in
favor of AT&T Wireless and ordering the City Council to grant the CUP within ten days
of this judgment of November 25, 2003; and
WHEREAS, this matter was previously noticed and a public hearing held
on AT&T Wireless's application for cellular facilities at Tower 173 which was for the
consideration of an alternative to the facilities proposed at 7512 Cadencia Street and
the notification of that hearing included residences within 600 feet of both Tower 173
and 7512 Cadencia Street,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the court's order of November 25, 2003, the City
Council approves AT&T Wireless - 7512 Cadencia CUP 00-36, subject to the following
conditions:
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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'and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the
payment of any fees in-!ieu 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. 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.
28
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6. 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.
7. This Conditional Use Permit is granted for a period of 5 years from its effective
date. 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 City Council 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 City
Council may grant.
8. The existing access gate on Cadencia Street shall be relocated to 20 feet behind
the front property line. The access gate must be positioned to allow enough
space for a vehicle to idle outside of the public right-of-way while waiting for the
gate to open. All landscaping disturbed as a result of the gate relocation shall be
replaced and installed to the satisfaction of the Planning Director prior to building
permit sign off.
9. Developer shall provide proof to the Director from the Carlsbad Unified School
District that this project has satisfied its obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits,
including, but not limited to the following:
11. 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.
12. 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
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that the City Council, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
13. 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.
14. 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. 2003- 325 On the
real property owned by the Patrick and Vionna Van Hoose. 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.
C. This Resolution shall take effect 35 days after the Notice of Exemption is
posted by the County Clerk pursuant to the California Environmental Quality Act. This
Resolution supersedes City Council Resolution No. 2001-309.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
convenience as "fees/exactions."
You have 90 days from 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.
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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 City
Council of the City of Carlsbad, California, held on the 9th day of
December 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
1\
BACKGROUND DATA SHEET
CASE NO:CUP 00-36x1
CASE NAME: AT&T 7512 CADENCIA
APPLICANT: AT &T Wireless
REQUEST AND LOCATION: Request for a retroactive ten year extension of Conditional
Use Permit No. CUP 00-36 to allow the continued operation of an existing Wireless
Communications Facility consisting of a 240 square foot radio base station (RBS) within a 400
square foot garage and a total of six (6) panel antennas within two expanded chimney structures
and one faux chimney on the roof of an existing residence located at 7512. Cadencia Street in
Local Facilities Management Zone 6.
LEGAL DESCRIPTION: Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3. in the
City of Carlsbad, County of San Diego. State of California, according to Map thereof No. 7950.
filed in the office of the County Recorder of San Diego County, June 3, 1974.
APN: 223-260-08 Acres: N/A Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: RLM
Proposed Land Use Designation: N/A
Density Allowed: N/A
Existing Zone: P-C
Density Proposed: N/A "
Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan
Site
North
South
East
West
P-C
P-C
P-C
P-C
P-C
RLM
RLM
RLM
RLM
RLM
LOCAL COASTAL PROGRAM
Current Land Use
SINGLE FAMILY
SINGLE FAMILY
SINGLE FAMILY
SINGLE FAMILY
SINGLE FAMILY
Coastal Zone: | | Yes ^ No Local Coastal Program Segment: N/A
Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: I I Yes [>\l No
Local Coastal Program Amendment: I I Yes 1X1 No
Existing LCP Land Use Designation: N/A
Existing LCP Zone: N/A
Proposed LCP Land Use Designation: N/A
Proposed LCP Zone: N/A
Re vised 01706
PUBLIC FACILITIES
School District: N/A Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
IXI Categorical Exemption, Section 15301 "Existing Facilities"
I I Negative Declaration, issued N/A
I I Certified Environmental Impact Report, dated N/A
D Other, N/A
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission or
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any Individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1, - APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 1Q% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person '(JHt-flJ^fr L siv^trg.s Corp/Part tyg'Mt^e-^u,**- *»\ &.&&$<, ^ttj 4bc*.
Title L^KJ /nfru*t*#- Title _ A r* r
Address 5~^t Mz.nc. sfc-6^2 Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal ownership
„„. ___________ ...Xu^^ariQe^siu^^
includes a corporation or partnership, include the names, title, addresses of all individuals
owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF
THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a
publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person PftTtacK ^' o^ft <-- ^•^^^<xc' Corp/Part
Title CWnXff.s _ Title
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-1600 « FAX (760) 602-8S59 • www.ci.carlsDad.ca.us
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list
the names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes [Xj NO If yes, please indicate person(s):.
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date
'T&rMcfc \/fal tlzxsA
STgnature"o1J-6wner/applicant's
0(e/ofr/0")Stgnatureofa"pplicant/date(-^
=1/0-7
Print or type name of owner Print or type name of applicant
applicable/date
H
2 of 2
WITHOUT SD0157
COVERAGE
WITHSD0157
EXHIBIT 5
Planning Commission Minutes July 15,2009 Page 2
Chairperson Montgomery directed everyone's attention to the slide on the screen to review the
procedures the Commission would be following during that evening's Public Hearing.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PLANNING COMMISSION PUBLIC HEARING
Chairperson Montgomery asked Mr. Neu to introduce the first item.
2. CUP 00-36x1 - AT&T 7512 CADENCIA - Request for a recommendation of approval for
a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow the
continued operation of an existing Wireless Communications Facility consisting of a 240
square foot radio base station (RBS) within a 400 square foot garage and a total of six (6)
panel antennas within two expanded chimney structures and one faux chimney on
residential property located at 7512 Cadencia Street in Local Facilities Management
Zone 6.
3. CUP 08-10 - 7412 CADENCIA RESIDENCE - Request for approval of a Conditional Use
Permit to allow the continued operation of an existing Wireless Communications Facility
consisting of two wall-mounted equipment cabinets and three panel antennas housed
within a faux chimney on the roof of an existing single family residence located at 7412
Cadencia Street in Local Facilities Management Zone 6.
Mr. Neu stated Agenda Items 2 and 3 would normally be heard in a public hearing context; however, the
projects appear to be minor and routine in nature with no outstanding issues and Staff recommends
approval. He recommended that the public hearing be opened and closed, and that the Commission
proceed with a vote as a consent item. Staff would be available to respond to questions if the
Commission or someone from the public wished to pull Agenda Item 2 or 3.
Chairperson Montgomery asked if any member of the audience wished to address Agenda Item 3.
Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning
Commission approve Agenda Items 2 and 3.
VOTE: 7-0
AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy,
Commissioner Dominguez, Commissioner Douglas, Commissioner Nygaard and
Commissioner L'Heureux
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Montgomery asked Mr. Neu to introduce the next item.
0
PrpjectlBpundary
City of Carlsbad
AT&T-7512CADENCIA
CUP 00-36x1 A Map created by the City of Carlsbad CIS. Portions of
the DERIVED PRODUCT contain geographic information
copyrighted by SanGIS. All Rights Reserved O
ECS
SEP 1 5 2009MBlil£RANDUM
September 15
TO: MAYORA'NDCITY'doUNCIL
FOR THE INFORMATION OF
THE CITY COUNCIL
t?1
DATE CITY ATTORNEY
OC'.
FROM: CITY ATTORNEY
RE: ITEM # 8- CONTINUED OPERATION OF EXISTING "STEALTH" WIRELESS
COMMUNICATION FACILITY LOCATED AT 7512 CADENCIA STREET
It is recommended that Resolution No. 2009-229 be amended on its face to make it
clear that future extensions, if any, of this CUP be processed in accordance with the
Municipal Code and existing policies. Normal processing of such a CUP would occur at
the Planning Director or Planning Commission level and is only before the City Council
because of the previous court ruling. Therefore, in order to make this clear it is
recommended that a sentence be added to the end of paragraph two of Resolution
2009-229 which states:
"Future extensions will be granted by the Planning Commission as required
under the Carlsbad Municipal Code and by Condition No. 4 of Planning
Commission Resolution No. 6600."
Please let me know if you have any questions regarding the above.
RONALD R. BALL
City Attorney
rn
c:City
City Manager
Planning Director
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 15, 2009 to
consider a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow the
continued operation of an existing Wireless Communications Facility consisting of a 240 square
foot radio base station (RBS) within a 400 square foot garage and a total of six (6) panel
antennas within two expanded chimney structures and one faux chimney on property generally
located at 7512 Cadencia Street in Local Facilities Management Zone 6 and more particularly
described as:
Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No. 3, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 7950, filed in the office of the County Recorder of San Diego
County, June 3, 1974
Whereas, on July, 15, 2009 the City of Carlsbad Planning Commission voted 7-0 to recommend
approval of a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow
the continued operation of an existing Wireless Communications Facility consisting of a 240
square foot radio base station (RBS) within a 400 square foot garage and a total of six (6) panel
antennas within two expanded chimney structures and one faux chimney on residential property
located at 7512 Cadencia Street.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after September 11, 2009. If you
have any questions, please call Shelley Esteybar in the Planning Department at (760) 602-
4625.
If you challenge the Conditional Use Permit in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 00-36x1
CASE NAME: AT&T 7512 CADENCIA
PUBLISH: September 5, 2009
CITY OF CARLSBAD
CITY COUNCIL
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SAN MARCOS CA 92069
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
701 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
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SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
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OCEANSIDE CA 92054
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I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
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SAN DIEGO STATE UNIVERSITY
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CARLSBAD CHAMBER OF
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CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
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223-200-31-19
Philip & Paula Kacsir
7573 Delgado PI
Carlsbad, CA 92009
223-200-31-20
Mary Marun
7585 Candencia St
Carlsbad, CA 92009
223-200-31-21
Farnaz Firoozi
7599 Caloma Cir
Carlsbad, CA 92009
223-200-31-22
Concepcion Garcia
7597 Caloma Cir
Carlsbad, CA 92009
223-200-31-23
Eady Fred L Jr & Anne I Cred:
7595 Caloma Cir
Carlsbad, CA 92009
223-200-31-24
Deborah Navarro
9140 Larkspur Dr
Westminster, CA 92683
223-200-31-25
Tony Grover
7591 Caloma Cir
Carlsbad, CA 92009
223-200-31-26
Lillian Elaine
Bernice(2N631) Ave
Glen Ellyn, IL 60137
223-200-31-27
Mitsuhiro & Tomoko Uchimura
7587 Caloma Cir
Carlsbad, CA 92009
223-200-31-28
Jeffrey Cohen
7585 Caloma Cir
Carlsbad, CA 92009
223-200-31-29
Lydia Petroff
7583 Caloma Cir
Carlsbad, CA 92009
223-200-31-30
Robert L Fell *B*
7581 Caloma Cir
Carlsbad, CA 92009
223-200-31-31
James P & Judy Pinpin
7579 Caloma Cir
Carlsbad, CA 92009
223-200-31-32
Damon R & Tamera Weisser
7577 Caloma Cir
Carlsbad, CA 92009
223-200-31-33
Marilyn Martineau *M*
7575 Caloma Cir
Carlsbad, CA 92009
223-200-31-34
Gregory J & Rebecca Carr *B*
7573 Caloma Cir
Carlsbad, CA 92009
223-200-31-35
Robert W & Tamara Keefe
7571 Caloma Cir
Carlsbad, CA 92009
223-200-31-36
Susan K Shaw
7569 Caloma Cir
Carlsbad, CA 92009
223-200-31-37
Schmidt
7336 Cadencia St
Carlsbad, CA 92009
223-200-31-38
Jerry & Sheryl Portnoy
7565 Caloma Cir
Carlsbad, CA 92009
223-200-31-39
Greg Norris
7563 Caloma Cir
Carlsbad, CA 92009
223-200-31-40
Anthony C & Cheryl Nenko
7561 Caloma Cir
Carlsbad, CA 92009
223-200-31-41
Sam & May Morishima *M*
2540 Donner Way
Sacramento, CA 95818
223-200-31-42
Marilyn A Pelcyger
126 B Moss Ave
Oakland, CA 94611
223-200-31-43
Maria C Rodriguez
7555 Caloma Cir
Carlsbad, CA 92009
223-200-31-44
Subhash & Surbala Nangia
7578 Caloma Cir
Carlsbad, CA 92009
223-200-31-45
William L Sarati
7580 Caloma Cir
Carlsbad, CA 92009
223-200-31-46
Tomislav Petrovic
7582 Caloma Cir
Carlsbad, CA 92009
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223-240-01
P S Woodcox
3309 Piragua St
Carlsbad, CA 92009
Sens de chargement
223-240-02
Judith L Segal
7613 Romeria St
Carlsbad, CA 92009
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223-240-03
Bartl
3305 Piragua St
Carlsbad, CA 92009
223-240-04
Shakhshir
3303 Piragua St
Carlsbad, CA 92009
223-250-01
James & Joan Miringoff
7551 Esfera St
Carlsbad, CA 92009
223-250-02
Dennis
7521 Esfera St
Carlsbad, CA 92009
223-250-03
Fitch
3351 Venado St
Carlsbad, CA 92009
223-250-04
Thomas E & Sherryl Maxwell
3341 Venado St
Carlsbad, CA 92009
223-250-05
Peter D & Barbara Cancel *B*
3335 Venado St
Carlsbad, CA 92009
223-250-06
Jean P Olmsted
7668 El Camino Real 104
Carlsbad, CA 92009
223-250-07
Peter & Sunny Lo
6116 Londonberrie Ct
Midland, MI 48640
223-250-08
David & Debi Carr
3322 Venado St
Carlsbad, CA 92009
223-250-09
Fred & Shirley Daniel
3332 Venado St
Carlsbad, CA 92009
223-250-10
Lee A & Diane Wood
3336 Venado St
Carlsbad, CA 92009
223-250-11
David Neshat
3342 Venado St
Carlsbad, CA 92009
223-250-22
Geoffrey J & Marie Hildebranc
3315 Piragua St
Carlsbad, CA 92009
223-250-23
Dale W Sc Cha Kimball
3313 Piragua St
Carlsbad, CA 92009
223-250-24
Richard & Claudia Barbour
3311 Piragua St
Carlsbad, CA 92009
223-260-01
John J Mitchell *B*
3302 Venado St
Carlsbad, CA 92009
223-260-02
Richard & Teri Macy
3306 Venado St
Carlsbad, CA 92009
223-260-03
Kao
315 Callita PI
San Marino, CA 91108
223-260-04
Christopher H & Velyn Andersc
3314 Venado St
Carlsbad, CA 92009
223-260-05
Pin I & Frank Fan
3316 Venado St
Carlsbad, CA 92009
223-260-06
Dana A Tavelman
3315 Venado St
Carlsbad, CA 92009
223-260-07
Youre & Linda Shadian
3321 Venado St
Carlsbad, CA 92009
223-260-08
Patrick C & Viona Vanhoose
7512 Cadencia St
Carlsbad, CA 92009
223-260-09
Henry T & Carolyn Peterson
7500 Cadencia St
Carlsbad, CA 92009
223-260-10
Christich
7412 Cadencia St
Carlsbad, CA 92009
223-260-11
Miholich
2735 Cazadero Dr
Carlsbad, CA 92009
223-260-12
Maranges
7402 Cadencia St
Carlsbad, CA 92009
223-291-38
Jeffrey W & Barbara Toraason
7406 Carlina St
Carlsbad, CA 92009
223-291-39
Andrea L Shephard
7408 Carlina St
Carlsbad, CA 92009
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i «•
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223-291-40
John S & Heidi Rock
7410 Carlina St
Carlsbad, CA 92009
223-291-41
Wilf
550 S Nardo Ave
Solana Beach, CA 92075
223-291-42
Roy D & Karen Jackson
7414 Carlina St
Carlsbad, CA 92009
223-291-43
Mark & Beverly Weber
7416 Carlina St
Carlsbad, CA 92009
223-291-44
Nicolas & Kimberly Abramson
7418 Carlina St
Carlsbad, CA 92009
223-291-45
Suleiman S & Balkees Jamous
7420 Carlina St
Carlsbad, CA 92009
223-291-46
Kenneth w Patton
7422 Carlina St
Carlsbad, CA 92009
223-291-47
Priscilla Lo
3133 Hataca Rd
Carlsbad, CA 92009
223-291-48
Krulce
1051 Via Mil Cumbres
Solana Beach, CA 92075
223-291-49
Bruce E & Barbara Kirstein
3129 Hataca Rd
Carlsbad, CA 92009
223-291-50
Rose Mori
3127 Hataca Rd
Carlsbad, CA 92009
223-291-51
Charles Magana
3126 Del Rey Ave
Carlsbad, CA 92009
223-291-52
Harold C & Cheryl Kechter
3128 Del Rey Ave
Carlsbad, CA 92009
223-291-53
Copeland
3130 Del Rey Ave
Carlsbad, CA 92009
223-291-54
Sherlock *M*
1986 Tarmac Rd
Redding, CA 96003
223-291-55
Brady Duga
3134 Del Rey Ave
Carlsbad, CA 92009
223-291-56
Terry W Moore
1980 Sheridan Rd
Encinitas, CA 92024
223-291-57
Fairlie *M*
1809 Bayberry Dr
Oceanside, CA 92054
223-292-04
Marian Cartwright
7412 Brava St
Carlsbad, CA 92009
223-292-07
Godfrey
7407 Carlina St
Carlsbad, CA 92009
223-292-08
Ganguly
7409 Carlina St
Carlsbad, CA 92009
223-292-09
Judd M & Cheryl Sills
7411 Carlina St
Carlsbad, CA 92009
223-292-10
Fred W & Lisa Schoneman *B*
7413 Carlina St
Carlsbad, CA 92009
223-292-11
James & D Lindsay
2145 Harbour Heights Rd
San Diego, CA 92109
223-292-12
Ted Dunn
7418 Brava St
Carlsbad, CA 92009
223-292-13
Joshua Bass
7416 Brava St
Carlsbad, CA 92009
223-292-14
Robert T & E Sechler
7414 Brava St
Carlsbad, CA 92009
223-293-01
Jose L & Hortensia Contreras
7595 Cadencia St
Carlsbad, CA 92009
223-293-02
Mary Marun
7585 Cadencia St
Carlsbad, CA 92009
223-293-03
Lynch
7575 Cadencia St
Carlsbad, CA 92009
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bee instruction Sheet j
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223-293-04
Richard A & Mireille Sampson
7555 Cadencia St
Carlsbad, CA 92009
223-293-05
Philip R & Joan Goodman
7535 Cadencia St
Carlsbad, CA 92009
223-293-06
Mehul Sheth
7515 Cadencia St
Carlsbad, CA 92009
223-293-07
William B Bishop
3139 Del Rey Ave
Carlsbad, CA 92009
223-293-08
Sylvia M Kane
3137 Del Rey Ave
Carlsbad, CA 92009
223-293-09
Marc Fairon
3135 Del Rey Ave
Carlsbad, CA 92009
223-293-10
Abbey
3133 Del Rey Ave
Carlsbad, CA 92009
223-293-11
Robert T Buckingham
3131 Del Rey Ave
Carlsbad, CA 92009
223-293-12
Mcloughlin
3129 Del Rey Ave
Carlsbad, CA 92009
223-293-13
Brada-Pitts Pitts
3127 Del Rey Ave
Carlsbad, CA 92009
223-293-14
Maria Castro
3125 Del Rey Ave
Carlsbad, CA 92009
223-293-15
Thomas & Valerie Conlin
7510 Brava St
Carlsbad, CA 92009
223-293-16
Debra J Horen
7512 Brava St
Carlsbad, CA 92009
223-293-17
Kenneth J & Alice Fairchild
826 Mar vista Dr
Vista, CA 92081
223-293-18
Richard & Betty Zack
1901 Camino Vida Roble 121
Carlsbad, CA 92008
223-293-19
Meridith A Koeneke
7518 Brava St
Carlsbad, CA 92009
223-293-20
Renkas Boatman
7520 Brava St
Carlsbad, CA 92009
223-293-21
Robert &. Maryanne Ricci
7522 Brava St
Carlsbad, CA 92009
223-293-22
Stewart A & Janet Fisher
7523 Brava St
Carlsbad, CA 92009
223-293-23
Georgina Hammad *M*
7521 Brava St
Carlsbad, CA 92009
223-293-24
Terence 1> &. Suzanne Mills
7519 Brava St
Carlsbad, CA 92009
223-293-25
Maneerat Hear
7517 Brava St
Carlsbad, CA 92009
223-293-26
Lorinda Pate
PO Box 130663
Carlsbad, CA 92013
223-293-27
Burke Spielmann
7513 Brava St
Carlsbad, CA 92009
223-293-28
jili E stun
7511 Brava St
Carlsbad, CA 92009
223-293-29
Charles R & Laurel Lockman
7509 Brava St
Carlsbad, CA 92009
223-293-30
Robert J & Janice Ference
7507 Brava St
Carlsbad, CA 92009
*** 147 Printed ***
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PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
September 05th, 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
On this 08th, day of September, 2009
(
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
Proof of Publication of
NOTICE OF PUBLIC HEARING
"^•"^ UOUnCll Ol II 1C WHY wi ~~ -.lie hearing at the Councir Chambers, 1200 Carlsbad
Village Drive, Carlsbad, California, at 6:00 p.m. on Tues-day, September 15, 2009 to consider a retroactive tenyear extension of Conditional Use Permit No. CUP 00-36to allow the continued operation of an existing wirntessCommunications Facility consisting of a 240 sq.-.,__ /I-.DCVV yvithjp g.arm souare toi
cimies Maiscribed as:
Lot 486 of Carlsbad Tract 72-20 La Costa Vale Unit No.3, in the City of Carlsbad, County of San Diego. State ofCalifornia, accordingto Map thereof No. 7950, filed in theoffice of the County Becorder of San Diego County, June
3,1974 U
, _ _
Whereas, on July, 15, 2009 the City of Carlsbad Plan- ommend approval of
a 240 square oo rasquare foot garage and a total of six (6) panel antennaswftnin two expanded chimney structures and one fauxchimney on residential property located at 7512 Caden-
t»l(a unuv..
Those persons wishing to speak on this proposal arecordialty inv"^ *n attend the public hearing. nCopies_of
;ons wishing to speak on ims piuuu^u, „,„
i;uivjiai.i ,,,^ited to attend the public hearing. Copies ofthe agenda bill will be available on and after September- ,* —, "«" MI loctinns nlease calf Shelleyida bill will be available on anu anei ocv»<«u».). If you have any. questions, please calf Shelleyr in the Planning Department at (760) 602-4625.
CUP 00-36x1
VENADO STCADENCIA STDEL RE
Y
A
V
L
A C
O
S
T
A
A
V
CA
R
V
A
L
L
O
C
T
BRA
V
A
S
T
CUP 00-36x1
AT&T - 7513 CADENCIA
SITE MAP
E
L
C
A
M
INO REAL
LA COSTA AVCOLLEGE BLCARLSBAD BLAVI
A
RA PY MELROSE DR
400 sq. ft.
lease area
P-CRLM
VENADO STCADENCIA STDEL RE
Y
A
V
LA C
O
S
T
A
A
V
CA
R
V
A
L
L
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C
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DELGADO PLBRA
V
A
S
T
0 200100
Feet
CUP 00-36x1
AT&T - 7512 CADENCIA
P-C
P-C
P-C
RLM
RLM
RLM RLM
P-C
Radio Base
Station inside
400 sq. ft.
garage
6 Antennas
within 1 Faux
chimney and 2
expanded
Chimney
Structures
Project Background
December 9, 2003 –City Council (CC)
adopted CC Resolution No. 2003-325
approving CUP 00-36
January 5, 2009 –A CUP Extension
application (CUP 00-36x1) was submitted
July 15, 2009 –The Planning Commission
recommended approval of CUP 00-36x1to
City Council (7-0-0)
Project Consistency
General Plan
Title 21 of the Carlsbad Municipal Code
City Council Policy No. 64
Local Facilities Management Plan for
Zone 6
California Environmental Quality Act
(CEQA)
Recommendation
That the City Council ADOPT City
Council Resolution No. 2009-229
APPROVING Conditional Use Permit
Extension No. CUP 00-36x1, as
recommended for approval by the
Planning Commission.
EXCELLENT COVERAGE
GOOD COVERAGE
AVERAGE COVERAGE
POOR COVERAGE
EXCELLENT COVERAGE
GOOD COVERAGE
AVERAGE COVERAGE
POOR COVERAGE