HomeMy WebLinkAbout2005-10-19; Planning Commission; ; CUP 00-21x1 - NEXTEL-LOKER AVENUE SITE. _ .
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No.(
Application complete date: August 10, 2005
P.C. AGENDA OF: October 19, 2005 Project Planner: Greg Fisher
Project Engineer: David Rick
SUBJECT: CUP 00-21x1 - NEXTEL-LOKER AVENUE SITE - Request for a retroactive
five-year extension of CUP 00-21 to allow the continued operation of an
unmanned Wireless Communication Facility located at 2765 Loker Avenue West
in the Planned Industrial (P-M) Zone and in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5971
APPROVING a retroactive five-year extension of CUP 00-21 based upon the findings and
subject to the conditions contained therein.
H. INTRODUCTION
This proposed retroactive five-year extension of Conditional Use Permit (CUP) CUP 00-21 will
allow the continued operation of an unmanned Wireless Communication Facility at 2765 Loker
Avenue West in the P-M zone from October 4, 2005 through October 3, 2010. The unmanned
Wireless Communication Facility has operated in conformance with the required conditions of
approval for the past five years.
M. PROJECT DESCRIPTION AND BACKGROUND
On October 4, 2000, the Planning Commission approved CUP 00-21 to allow the installation of
an unmanned Wireless Communication Facility at 2765 Loker Avenue West. That CUP expired
on October 3, 2005. Condition No. 9 of the approving CUP Resolution No. 4844 specifies that
CUP 00-21 is granted for a period of five years but may be extended upon written application of
the permittee (Nextel of California, Inc.). The applicant, Nextel of California, Inc., is requesting
a five-year extension of CUP 00-21 to allow the continued operation of an unmanned Wireless
Communication Facility at this site from October 4, 2005 through October 3, 2010. The
applicant applied for the CUP on July 8, 2005 prior to its expiration date and within the required
time frame.
IV. ANALYSIS
A. The unmanned Wireless Communications Facility continues to be consistent with all
applicable plans, policies and regulations described below:
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CUP 00-2 lxi - NEXTEL-LER AVENUE SITE
October 19, 2005
Page 2
1. Planned Industrial Zone (P-M) (Chapter 21.34 of the Carlsbad Municipal Code);
2. Carlsbad Airport Business Center Specific Plan (SP 200);
3. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal
Code); and
4. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
B. The adopted project findings for CUP 00-21, which are contained in Planning
Commission Resolution No. 4844 still apply to this project (CUP 00-21x I).
C. The adopted project conditions for CUP 00-21, which are contained in Planning
Commission Resolution No. 4844, still apply to this project (CUP 00-21 xl) except
Conditions No. 6, 10, and 11 which have been satisfied and Conditions No. 9 which is
replaced by Condition No. 4 in Planning Commission Resolution No. 5971 to
retroactively extend CUP 00-2 lxi for five-years from October 4, 2005 through October
3, 2010.
D. No formal written complaints regarding CUP 00-21 have been submitted to the City.
E. Annual reviews have been conducted for CUP 00-21 and the project is in compliance
with all conditions of approval.
F. The extended CUP is exempt from environmental review per Section 15301, existing
facilities, of CEQA.
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.
ATTACHMENTS:
1. Planning Commission Resolution No. 5971
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Planning Commission Resolution No. 4844 dated October 4, 2000
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SITE
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NOT TO SCALE
SITE MAP
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NEXTEL-LOKER AVENUE SITE
CUP 00-21x1
. . BACKGROUND DATA SHEET
CASE NO: CUP 00-21x I
CASE NAME: Nextel-Loker Avenue Site
APPLICANT: Nextel of California. Inc.
REQUEST AND LOCATION: Request for a Conditional Use Permit extension to allow the
continued use of an unmanned wireless communication facility located at 2765 Loker Avenue
West in the P-M Zone and Local Facilities Management Zone 5.
LEGAL DESCRIPTION: Lot 18 of Carlsbad Tract No. 74-21. in the City of Carlsbad.
County of San Diego, State of California, according to Map thereof No. 10372, filed in the
Office of the County Recorder of San Diego County, April 13. 1982.
APN: 209-081-18 Acres: 5.22, Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: P1— Planned Industrial
Density Allowed: N/A Density Proposed: N/A
Existing Zone: P-M Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site P-M P1 Industrial
North P-M P1 Industrial
South P-M P1 Industrial
East P-M P1 Industrial
West P-M P1 Industrial
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
LII Negative Declaration issued_______________________________________________________
Certified Environmental Impact Report, dated__________________________________
Other, 15301 - Existing facilities
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City of Carlsbad j Platining r1epartt
DISCLOSURE STATEMENT
Appflcanrs statement or disc1ose of certain ownership interests on i it appUcaons which will require
SCretIOIy action on the part of the Cy Council or any appointed Scan. crnmlssionorCornrnittae. J
The following Information MUST be dsclosed at the time of application ubmittaL Your project cannot be
ffivtewed until this information Is completed. Please pilra.
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at4e4 k4romsr n
1. APPUCANT (Not the_Icai4a agec*)
Pmvlde the çOMPLE1E. LEGAL names and addresses of ALL, persons having a financial interest
In the application. If the applicant includes a coroorion 9E yebersj. inciue the names, title,
addresses of all individuals owning more than 10% of the shares IF NO INDIVIDUALS OWN MORE
THAN 100A OF THE SHARES, PLEASE INDICATE NON-AP 21.10ABLE (N/A) IN THE SPACE 2ELOW. If a gjIhNyz
MGd
rjo jnthzds the names, titi is, and adclr*ssaa of the corporate oMcers (A separate pe may be allched if nocessaiy.)
Person - Corp/Part _t
Address 2001 E 4t41evDrtve, Reston/A 20191
2 OWNER (Not ft owner's agent)
Provide the CDM J LEGAL, names and addresses of I IL persons hawng any ownership
interest in the property involved. Also, provide the natise of t i legal ownership (j.e, partnership,
tenants in common, non-profit, corporation etc.). If the o inershlp Includes a coocrllgn 0r peftn emble include the names, title, addresses of all iridivid ela owning more than 10% of the
ehtes. IF NO INDIVIDUALS OWN MORE THAN 10% OF 'HE SHARES, PLEASE INDICATE
NON-APPUCAaLE (N/A) IN THE SPACE BELOW. If atcLv-owneicomoratiort include the
rmaa, titles, and addresses of the corporate officers. (A separate page may be attached If
necessary.)
Person - CarpiparL-imift ft yesynantLLP
1iUe - -- -- Title K$I
1333 Can Ion Del Rio South, SuIte 310 Address... _ - Address_ - -
San Die ), CA 92106
- -- - - -r -
ism p CdCA $24. M 024OO * FAX (7$C 300450 s ------
V00 'a DL8*
8C3LSt6t9 cg:o
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NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above Is &jrsx toroanizeUor a trust list the
names and addresses of MM person serving as an offloi r or director of the non-profit
arganIzalion or as trustee or beneflciwy Of the.
Non ProflUTruat -. Non Proflt/Tnist________________
TitIe_ Tdie -
Address - Mdress
Have you had more than $250 worth of business transaec with any member Of City staff,
Boards, Commissions, Committees and/or Council within me pa t twelve (12) months?
D YesNo If yes, please indicxte person(s):___________________
NOTE; Aach arditional dvmts if noceesasy.
ttj4 jfjT I 'r
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60 a _9athY Urn. for Nc d
Print or iypo iwne of owner Print or type name of applicant
Siature of ,nerlpllcanrs agent if apØcable/date
Pint or type name of owner/ ppLicàrs agent -
NOTE: Mn Applicant Nexto of CaUfirni, lnc shag be the $ole finari& ly rasonsibis party for any cost
fes etc., associated with this Applicaiion. Wsxtl Is also the v0e4. alopar." as referenced in CUI
CUP O0-21 and is oleJy responsible for mesUng all conditions imi osad by this ApprcatIcn
Pse 20(2
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PLANNING COMMISSION RESOLUTION NO. 4844
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A DIGITAL
MOBILE RADIO COMMUNICATION ANTENNA/SERVICE
FACILITY ON PROPERTY GENERALLY LOCATED AT 2765
LOKER AVENUE WEST IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NEXTEL LOKER AVENUE SITE
CASE NO.: CUP 00-21
WHEREAS, Nextel Communications, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by COBC 18, LLC, "Owner,"
described as
Lot 18 of Carlsbad Tract No 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 10372, filed in the Office of County Recorder of
San Diego County, April 13, 1982.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" - "E" dated October 4, 2000, on file in the Carlsbad Planning
Department, NEXTEL LOKER AVENUE SITE - CUP 00-21, as provided by Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of October 2000, hold
a duly noticed public bearing 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:
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 Commission
APPROVES NEXTEL LOKER AVENUE SITE - CUP 00-21, based on the
following findings and subject to the following conditions:
Findings:
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 community benefits of wireless communications
include improved telecommunications service for emergency services and
individuals; the use is compatible with the existing office building and requires no
significant changes to the site design or function; and the site's planned industrial
land use designation does not preclude the provision of quasi-public utility uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the antennas will be mounted on the existing building's side elevations and the
equipment room will be located completely within the buildable portion of the site,
outside of all required setbacks and is consistent with all planned industrial
development standards.
3. 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 panel antennas will be mounted vertically to the
existing building as per the approved exhibits and painted to match the existing
building to reduce its visibility to the greatest extent possible. The equipment room
will be located within the buildable portion of the lo4 outside of all required
setbacks and will be constructed of materials similar to the existing industrial
building and painted to match the existing building.
4. 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.
5. 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.
6. 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 153002 of the state CEQA Guidelines do not apply
to this project. and will not have any adverse significant impact on the environment
PC RESO NO. 4844 -2-
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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-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. 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.
6. The Developer shall submit to the City a reproducible 24" x 36", mylar copy of the Site
Plan reflecting the conditions approved by the final decision making body.
7. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
PC RESO NO. 4844 -3-
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8. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
2 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
3 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
4 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
5 substantial negative effects.
6 9. 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
7 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
8 reasonable period of time not to exceed 5 years upon written application of the permittee
9 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
10 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
11 be denied or granted with conditions which will eliminate or substantially reduce such
12 effects. There is no limit to the number of extensions the Planning Commission may
grant.
13 10. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions.
14 Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
15 radio frequency (EMF) power densities of all antennas installed at the subject site. The
16 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
37 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
18 meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit.
19 11. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
20 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
21 Conditional Use Permit by Resolution No. 4844 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
22 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
23 Planning Director has the authority to execute and record an amendment to the notice
24 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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12. This approval shall become mill and void if building permits are not issued for this
26 project within 2 years from the date of project approval.
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PC RESO NO. 4844 -4-
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1 Code Reminders:
2 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
3 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
4 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
5 Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. lithe taxes/fees and not paid, this
6 approval will not be consistent with the General Plan and shall become void.
7 14. 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
8 permit issuance, except as otherwise specifically provided herein.
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10 NOTICE
11 Please take NOTICE that approval of your project includes the "imposition" of fees,
12 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
14 you protest them, you must follow, the protest procedure set forth in Government Code Section
15 66020(a), and ifie 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
16 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
18 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
19 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
20 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of October 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, L'Heureux, Nielsen,
Segall, and Trigas
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
4/ñ&, Aro
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
FARN 'A "k A ~ I a
PC RESO NO. 4844 -6-