HomeMy WebLinkAbout2005-03-16; Planning Commission; ; CUP 03-27 - SD742-02 PIE SHOPle Gity of Carlsbad Planning Departmenf'
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 16, 2005
ItemNo. @
Application complete date: March 11, 2004
Project Planner: Jessica Galloway
Project Engineer: David Rick
SUBJECT: CUP 03-27 -SD742-02 PIE SHOP -Request for a Conditional Use Permit to
allow the installation of an unmanned wireless communication facility on a .833
acre site located at 3890 Pio Pico Drive in the C-1 Zone and Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5823
APPROVING Conditional Use Permit CUP 03-27 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 Wireless
Communication Facility (WCF) consisting of three (3) panel antennas and an associated
equipment area at the Village Pie Shop located at 3890 Pio Pico Drive. The zoning of the site
allows, quasi-public utility facilities such as WCF by conditional use permit. All required
findings for the Conditional Use Permit can be made, and staff recommends approval for the
proposed facility.
ID. PROJECT DESCRIPTION AND BACKGROUND
Cingular Wireless is proposing an unmanned WCF at the building located at 3890 Pio Pico Drive
in the parking lot of the Village Pie Shop. The site is located near Interstate 5 east of Pio Pico
Drive and north of Tamarack A venue behind the Chevron Gas Station. St. Patrick's Catholic
Church and School border the project on the east and north. The WCF will consist of three panel
antennas attached to two new parking lot light standards. Both light standards are located along
the southern property line. The eastern light standard will hold two panel antennas and the light
standard to the west will hold one antenna. All three antennas \\ill be painted to match the light
standards. The six equipment cabinets are screened by a 6-foot high wall, painted and treated to
match the adjacent, existing Chevron Station. The equipment enclosure area will encompass
approximately 333 square feet.
The applicant, Cingular Wireless, has been authorized by the Federal Communications
Commission (FCC) to construct and operate a wireless network throughout California. The
proposed site was chosen by the applicant because its location will enable Cingular to meet the
capacity and coverage needs in this area.
0
CUP 03-27 -SD742-02 PIE' HOP
March 16, 2005
Page2
The proposed project is subject to the following regulations:
-
A. Travel/Recreation Commercial (T-R) General Plan Land Use Designation;
B. C-1, Neighborhood Commercial Zone (Chapters 21.26 of the Zoning Ordinance);
C. Conditional Use Permit regulations (Chapter 21.42 of the Zoning Ordinance);
D. Wireless Communication Facilities Policy (City Council Policy No. 64);
E. Coastal Development Regulations (Chapter 21.201 of the Zoning Ordinance); and
F. Growth Management.
IV. ANALYSIS
Staff developed its approval recommendation after analyzing the project's consistency with the
applicable City regulations listed above. A discussion on the compliance with each of the
regulations follows.
A. Travel/Recreation Commercial (T-R) General Plan Land Use Designation
The General Plan has designated those areas as Travel/Recreation Commercial which are used to
provide for visitor attractions, and commercial uses that serve the travel and recreation needs of
tourists, residents, as well as employees of business and industrial centers. Certain uses are
allowed with the approval of a CUP, if they are oriented to support tourists, residents, and
employees of business and industrial centers. The proposed Cingular WCF site will provide and
improve service for tourists, residents, and those employed in business and industrial centers.
Therefore, the proposed use of a WCF is consistent with the T-R General Plan designation.
B. C-1, Neighborhood Commercial Zone
The proposed facility is consistent with all development standards of the C-1, Neighborhood
Commercial zone. The three antennas will attach to two new 30-foot high light standards and
will be painted to match the pole. The equipment cabinets are completely screened by 6-foot
high walls, painted and treated to match the adjacent, existing Chevron Station building. The
project complies with all setback, lot coverage, and building height requirements and does not
require additional parking.
Zoning Ordinance conditional use permit regulations (Section 21.42.10 (12)(J)) allow accessory
public and quasi-public utility facilities in all zones by approval of a Conditional Use Permit
(CUP). Required CUP findings (discussed in Section C below) can be made for the proposed
WCF as it is a desirable public convenience and is compatible with its surroundings.
C. Conditional Use Permit Regulations
Conditional uses such as WCFs possess unique and special characteristics that 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 CUP. The required findings and satisfaction of these findings are
provided below.
CUP 03-27 -SD742-02 PJPHOP
March 16, 2005
Page3
CONDITIONAL USE PERMIT FINDINGS
FINDING
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, including, if
applicable, the certified local coastal program,
and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the
proposed use is to be located.
That the site for the intended use is adequate in
size and shape to accommodate the use.
That all of 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.
That the street system serving the proposed use is
adequate to properly handle all traffic generated
by the proposed use.
PROJECT CONSISTENCY
The requested use is necessary and desirable
for the development of the community
because of the demand for digital
communications. The proposed use is
consistent with the General Plan in that the
T-R-Travel/Recreation Commercial land
use designation does not preclude the
provision of quasi-public utility uses, nor is
it detrimental to permitted uses in the
vicinity in that the WCF is mounted to two
new light standards and requires no change
to the existing architectural design.
The site is adequate in size and shape to
accommodate the use. The proposed WCF
will result in a minimal additional building
coverage of333 square feet for the
equipment cabinets which will be screened
by a six-foot high wall, painted and treated
to match the adjacent Chevron Station
building. Minor alteration to the site ·will
result from antennas mounted to two new
parking lot light standards.
The equipment cabinets are screened by a 6-
foot high wall, painted and treated to match
the adjacent Chevron Station building. The
equipment is also located near the Chevron
station equipment enclosure.
The use generates very little traffic,
requiring only routine monthly maintenance
visits and occasional visits in response to
operational problems.
D. City Council Policy No. 64 -Wireless Communication Facilities
The project is also consistent ·with City Council Policy No. 64 -Wireless Communication
Facilities. The proposed location on an existing building in a commercial zone is a preferred
location and the two new 30-foot high light standards with the equipment cabinets screened by 6-
foot high walls, will limit the facility's visibility to the public. The current antenna mounting
design is not compliant with the policy. Hmvever, the applicant has agreed to a condition that
requires modification of the mounting system prior to approval of a building permit. The
applicant's site selection process included evaluating the Vons/Rite Aid center, St. Patrick's
Catholic Church and School, the Baptist Church on Pio Pico Drive, and Spectrasite's flagpole at
the Squid Joe's Restaurant site across 1-5. After thorough review none of these sites were found
to be feasible due either to coverage or landowner concerns.
CUP 03-27 -SD742-02 PlE,OP
March 16, 2005
Page4
E. Coastal Development Regulations
The project is located in an area of deferred certification with the Mello II Segment of the Local
Coastal Program and is therefore subject the jurisdiction of the California Coastal Commission
for approval of a Coastal Development Permit (CDP). The applicant will need to submit a CDP
application directly to the California Coastal Commission subsequent to local action on the
Conditional Use Permit.
F. Growth Management
The Village Pie Shop site is located within the Local Facilities Management Plan Zone 1.
Installation of the facility on the existing site and monthly facility maintenance visits ·will not
result in increased public facilities demands; therefore, the proposal will not exceed performance
standards for public facilities.
V. ENVIRONMENTAL REVIEW
The proposal is exempt from the California Environmental Quality Act (CEQA). CEQA Section
15303 exempts construction and installation of small new equipment facilities or structures.
Additionally, as Cingular \Vireless must comply with FCC regulations, radio frequency
emissions from the proposed facility are not considered a health hazard. A Notice of Exemption
will be filed by the Planning Director upon project approval.
ATTACHMENTS:
I. Planning Commission Resolution No. 5823 (CUP)
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Reduced Exhibits
6. Exhibits "A" -"E" dated February 2, 2005
-
SD 742-02
PIE SHOP
CUP 03-27
--BACKGROUND DATA SHEET
CASE NO: CUP 03-27 ~~~~--------------------------
CASE NAME: SD742-02 PIE SHOP
APPLICANT: Cingular Wireless, Karen Adlers
REQUEST AND LOCATION: Request for a Conditional Use Permit to allow the installation of
an unmanned wireless communication facility on a .833 acre site located at 3890 Pio Pico Drive in
the C-1 Zone and Local Facilities Management Zone 1.
LEGAL DESCRIPTION: Parcel 2 of Parcel Map no. 207, in the City of Carlsbad, County of San
Diego, State of California, filed in the office of the County Recorder of San Diego County, February
20,1970 as filed/page no. 31911 of official records.
APN: 205-270-36 Acres: .833 acres Proposed No. of Lots/Units: N"-"--'/A'-"'-----------
GE:l'l'ERAL PLAN. M1> ZONING
Land Use Designation: T-R Travel Recreation Commercial
Density Allowed: N/ A Density Proposed: N:....:..a..:/ A=--=------------
Existing Zone: C-1. Neighborhood Commercial Proposed Zone: =-N=/ A=-=------------
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site C-1 Neighborhood T-R Travel Recreation Restaurant
Commercial
North C-T-Q RLMP -Lo,v Medium Density/ St. Patrick's School
Commercial Tourist Private School
South C-1 Neighborhood T-R Travel Recreation Chevron Gas Station
Commercial
East R-1 One Family RLM-Low Medium Density St. Patrick's Church
Residential
West T-C Transportation T-C Transportation I-5 Freeway
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad ~=~~-----
Equivalent Dwelling Units {Sewer Capacity): ~N=/A~-----------------
ENVIRONMENTAL IMPACT ASSESSMENT
D Negative Declaration. issued ______________________ _
D Certified Environmental Impact Report, dated _______________ _
~ Other, Exemption 15303-construction and installation of small new equipment facilities or
structures
-•
City of Carlsbad
■GGl,i,iiei•l•l§•ihii,U4,ii
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 tiine (?f 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.
I.
2.
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 I 0% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF TIIE SHARES, PLEASE INDICATE NON-
APPLICABLE (NIA) 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
nec~ssary.)
Person Eor(lor-" -r-,svtt.e,,r
Title 1rt.l&rRAV
Address Di'."':1 fJ J2i Q Pi Cl/ 7) (""
. D..,,r I? JuitL o4 '-J':J-(J-0 g
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also. provide the nature of the legal ownership (i.e,
partnership. tenants in common. non-profit. corporation, etc.). If the ownership includes a
corporation or partnership. include the names. title. addresses of all individuals owning more
than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (NIA) 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 toreeiC &sdwc
Title 1fU:z1e-.e...,
Address .3[90 P1D PLC{) Dr
~r-ls h~ . .i Cit Cj:)tJ{)g
C/yq-5{f'g -itctJ&
2075 Las Palmas Dr.• Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894
• • 3. NON-PROFIT ORGANIZATION OR TRUST
If any p~rson identified pursuant to ( J) 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 Profi.tffrust n) ~ Non Profit/frust. _________ _
Title Title ----------------------------
Address~-----------Address ______________ _
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
0 Yes 'El) No If yes, please indicate person(s): ______________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/ date
Print or type name of owner Print or type name of applicant
if applicable/date
H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/98 Page 2 of 2
ABBREVIATIONS .•. "" "' ... .... NIT "™
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SECTIONREFERENCI
DETAIL REFERENCE
OOERIORtliVATIOH REFERENCE
WTERIDR EI.EVA710H REFERENCE
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:-: cingular
WIRELESS
PIE SHOP
3890 PIO PICO DRIVE
CARLSBAD, CA 92008
PROJECT DESCRIPTION
1'tllS PROJECT CONSISl'S Of TH£ CONS1RUCTl0N Of' AN UNw.NNEO TEt.ECDMMLINlCATIOHS FACJUTY 10 INCUJDETHEf'OU.OWING:
(P) INSTAUATION OF (6) R9S 21D11 RAOID CASINETS, MOUN'tEO ~is'W,J i~No~;;-~~6'-0" HIGH CMU £QLIPWOO ENCLOSURE LOCATED NDRTli OF THE
(P) INSTAUATION OF TWO J0'-0" HIGH LIGHT STANIWIDS NOflfJH OF TKE (£) CHEVRON STAllON. 1:.\c~ CASINO t.lDUNrol TO lKE OOt:RIOR OF THE (P) EQUIPMENI' ENCLOSUM:, PAINfm 10
(P) EL£CTRIC PANEL lilOUNTEO INSIDE THE (P) CMU EQUIPMENT ENC1.0SURE.
(P) INSTAUATION OF TWO CINQIJLAR WIRELESS ANTENNAS MOUNTED TO ON£ Jo' HIGH LIGHT :::=: t~~NSI'~= f&r~ CINGlJIM ANTENNA ldOVN7ED 70 0HE JO' }i1C}j LIGHT -THERE ARE HO OTHER TELECOMMUNICATION FACIUTIES ON ?HIS SITE
CODE COMPLIANCE
ALL WORK AND W.lERIALS SHAU 8£ PERFORMEC NJ0 INSTALLED IN ACCORDANCE WllM n-tE CUIIRENl' EDITIONS OF DiE FCU.OWING CODES J.S ADOPTED BY THE LOCAL GO'JERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE: CONSTRUEO TO P£RMIT WORK NOT CONFORMING TO TM£SE CODES.
1.CAl.lf'ORNIA8Ull0INGCDDE (INCLTJTI.ES244:2$) 2001
2. UNIFORM MECHANICALCOOt 19117
J. ANSI/EIA-122-f LIFE SArE1Y COOENfllA-101-1890
4. UNIFORM PLUMBING CODE 1997
S. NATIONAL ELECTRIC COOE 1996
6. CITY/COUNTY Olll!MA.NC£S
OOVERNINOJURISDICTION:
AIIEAOFEXISTINGCOHSTRUCTION: ARCA OF ()(ISTINO PROPERTY: ElllSl'lNG 8UlLDING COVERAil£:
AREA.OFEXISTINGI.NIOSCAPING: EXISt!NG OCCUPANCY TYPE:
ElOSTINGCONSTRUCTIONlYPE:
UlSTINGLANDUSE:
:1:l.4110S0. FT, (PIESHOf>) :1:JII.JODSO.Ft. :l:10K
:1:6,745 SO. FT.• 18.5X COVEAAGE . u
COMMERCW., ll£$TA1JRANT
Pll:Of'ostO I.NIO USE: TEL£CQI.IMUNIC4TlQN FACIUJY ElftStlNG FlRf SPRINKLER S'tSTEM: N/A
liE!GHiOFEXlSTINGCOMSTRUCT~ :1:17'-0"
AAE.-\OFPROf'OSfOCOHSlRUCTION: :l:33J50.fT.(CMUENCLOSURE)
PI\OPOSED OCCUPANCY T'l'PE: It PROP05£0 COHSTRUCllON TYPE, :2-N
PIIOl>ostO FIRE SPRINKlEfl SYSTEM: N/A
HDGHT OF PROPOSED CONSTRUCTION: (2) 30•-o• LIGHT STANOARDS
CURRENT ZONING: C-1 COI.IMERCIAI.-CDASTAL Q\IERLAY
NUMBER OF EXISTING PARKING """'' ~
fRDHTYARO:
BACIC YARD:
SlOt YARD -IWTERl<m:
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APPi ICANT /l f$$ff
CINQULAR WIRELESS 5180CORNERSTONECOURT.
""""' 5m DIEGO. CA 82121
OWNER: F0R£S1 FISCHER
ADOJIESS: J890PlOPICOOJI. CARLSSAO.CA920D5
COHTACT, FORESlflSCHER
PHONE: (11411) S48-8606
EldERGENCY COHTM:T: PHONE,
21JS270J600
SD-742-02
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LEASE AREA PLAN,
ANTENNA(S) PLAN
VIEW, & LIGHT STD.
ELEVATION
A2
PROPOSED CENTER OF TOWER
LAnTUDE: NORTH JYD9'11.8J"
LONGITUDE: W£ST 111•20'05.91"
NA.D BJ N 2001128.91 £ 6229519.4I
GROUND ELEVATION: 80 . .3 (NAVO 88)
THE HORIZONTAL ACCURACY DF TH£ LAnTUD£ AND LONGITUDE AT TH£ CENTER DF TOWE'R
LOCATION FALLS WITHIN FIFTEEN (15) FCET,
THE VERTICAL ACCURACY AT THE BASE OF
THE TDW£R FALLS WITHIN THREE (J) FEIT.
DAT£ OF SURVEY: 07/10/03
BASIS OF BEARINGS
THE BASIS DF HORIZONTAL CONTROL FDR
THIS SURVEY IS THE NORTH A/JCRICAN DATUM OF 19BJ, PLANE COORDINATES SHOWN HEREON AR£ IN TERMS OF THE CALIFORNIA
STATE PLAN£ COORDINATE SYSrtM OF 198.J, ZONE 6.
IF SHEET IS LESS THAN
24" X 36" IT IS A
REDUCED PRINT-SCALE
REDUCED ACCORDINGLY
20· 40' 60'
SCALE: 1" ... 20
'-...__ No
TITLE REPORT /DENT/FICA TION:
ORDER ND. DI 107959-01 DAT£D 06/12/DJ
ASSESSORS /DENT/FICA T/ON:
APN: 205-27D-J6
OWNER:
FORREST F.R. RSHER, AS TRUST££
UNDER DEC. OF TRUST OATE:0 07/Jl/1972
LEGAL DESCRIPTION PER TITLE REPORT:
ALL THAT CERTAIN RfAL PROP£RTt' SITUATED IN TH£ CDUHfY Of SAN DIEGO, STATE DF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 2 Of PARCEL MAP ND. 207, IN TH£ ClfY OF CARLSBAO, COUNfY DF SAN DIEGO,
STATE DF CALIFORNIA, FILCD IN THE OFFICE OF THE CDUNfY RECOR0£R OF SAN DIEGO
COUNfY, R£BRUARY 20, 1970 AS RLE/PAGE NO, Jl9 I I OF OFFICIAL RECORDS.
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PARCEL MAP NO, 2[}7 ..,
UC.PT/ON /T,MS Poff TITL, R,PORT
@ £X!MPTJON D£SClllfTIQN
A PROPERTY TAXES
R£C. DAT£ RCC. INFORMATION LOCATION
B PROPERTY TAX£S C SUPPLEMENTAL TAXES D SPECIAL TAX£S I SDG4:£ £ASDIENT I 1/11/1952 2 HO ACCESS TO HWY. 5 11/09/1951 J ND ACCCSS TD HWY 5 11/11/1967 4 CHCVRON LEASE/EASEMENT 05/14/1994 : f~Jff 5PAfi~'f/~~REEMENT 1l¼JY,::
0
7 RIGHTS OF PARncs IN POSS£SSIDH -
BK, 4J4I, P.54J BK. 4287, P. 9J
F/P 100202
F}f ldal°!?13183
F/P 86-618796
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VJCfNJfY MAP NO SCALE
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5URVCY P£RFORM£D BY: HIRSCH & COMPANY CONSUL TING ENGINEERS lS!Otl.MN)OQ.RlONORttt,Sit.305 $NI oco. CAUf0RNIA 12120 l'tDlt(lll)_/,M!MI)~
SD-742-02
PIE SHOP
SITE SURVEY
3890 PIO PICO DR
CARLSBAD, CA 92008
SAN DIEGO COUNTY
C-1