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Home My WebLink About2006-06-07; Planning Commission; ; CUP 00-19x1 - GTE WIRELESS COLLEGE AND EL CAMINO REALr .. Thtty of Carlsbad Planning Department • A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: June 7, 2006 ItemNo. G) Application complete date: September 1, 2005 Project Planner: Chris Sexton Project Engineer: Frank Jimeno SUBJECT: CUP 00-19xl -GTE WIRELESS COLLEGE AND EL CAMINO REAL - Request for a five-year retroactive extension of Conditional Use Permit (CUP) 00-19 to allow the continued operation of an unmanned Wireless Communication Facility at 5823 Newton Drive in the Mello II Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6080 APPROVING a five-year retroactive extension of CUP 00-19 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive five-year extension of CUP 00-19 will allow the continued operation of an unmanned Wireless Communication Facility at 5823 Newton Drive retroactively from September 5, 2005 through September 4, 2010. ill. PROJECT DESCRIPTION AND BACKGROUND On September 6, 2000 the Planning Commission approved CUP 00-19 to allow the installation and operation of an unmanned Wireless Communication Facility at 5823 Newton Drive. The project includes 12 screened, roof mounted panel antennas located behind a fiberglass screen painted to match the building and a 200 square foot equipment room located within an existing office building in the Planned Industrial (PM) zone. The Wireless Communication Facility is consistent with City Council Policy No. 64, Wireless Communication Facilities, in that the project is located in a preferred location and is constructed with a stealth design. Condition No. 9 ofthe approving CUP Resolution No. 4830 specifies that CUP 00-19 is granted for a period of 5 years but may be e:\"tended upon written application of the permittee (New Cingular Wireless PCS, LLC). The applicant applied for this e:\"tension prior to the expiration of this permit. IV. ANALYSIS A. The unmanned Wireless Communication Facility at 5823 Newton Drive continues to be consistent with all applicable plans, policies and regulations described below: 0 CUP 00-l 9xl -GTE WIRELEt COLLEGE AND EL CAMINO RE, June 7, 2006 Pa e2 1. Carlsbad General Plan; 2. Title 21 of the Carlsbad Municipal Code. 3. City Council Policy No. 64; 4. Local Facilities Management Plan 5; and 5. Local Coastal Plan (Mello II). B. The adopted project findings for CUP 00-19, which are contained m Planning Commission Resolution No. 4830 still apply to this project (CUP 00-19xl ). C. The adopted project conditions for CUP 00-19, which are contained in Planning Commission Resolution No. 4830 still apply to this project (CUP 00-19xl) with the exception of Conditions No. 6 and 11 which have been satisfied and Condition No. 9 which is replaced by Condition No. 4 in Planning Commission Resolution No. 6080 to retroactively extend CUP 00-19xl for five years from September 5, 2005 through September 4, 2010. D. No formal ·written complaints regarding CUP 00-19 have been submitted to the City. E. Annual reviews have been conducted for CUP 00-19 and the project is in compliance with all conditions of approval. F. The project has an existing Coastal Development Permit (CDP) CDP 00-22 which is still valid and in compliance. G. The Wireless Communication Facility maintains "'stealth" design techniques and is located in a preferred location. 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: I. Planning Commission Resolution No. 6080 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Planning Commission Resolution No. 4830, dated September 6, 2000 • - NOT TO SCALE SITEMAP GTE Wireless College and El Camino Real CUP 00-19x1 tCKGROUND DATA SHEET - CASE NO: CUP 00-19xl CASE NAME: GTE Wireless College and El Camino Real APPLICANT: New Cingular Wireless PCS, LLC REQUEST AND LOCATION: Request for a five-year retroactive extension of Conditional Use Permit (CUP) 00-19 to allow the continued operation of an unmanned Wireless Communication Facility at 5823 Newton Drive in the Mello II Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 5. LEGAL DESCRIPTION: That portion of Lot "'F' of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16. 1896. APN: 212-050-43 Acres: 16.1 Proposed No. ofLots/Units: N~/A~---------- GENERAL PLAN AND ZONING Existing Land Use Designation: _P_-I ____________________ _ Proposed Land Use Designation: =-N=/A=--------------------- 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 PI Industrial North RMHP RLM Mobile Home Park South C-M PI Industrial East C-M PI Industrial West L-C RLM Vacant LOCAL COASTAL PROGRAM Coastal Zone: r8] Yes D No Local Coastal Program Segment: ~M~e~ll~o_I_I _____ _ Within Appeal Jurisdiction: D Yes r8] No Coastal Development Permit: D Yes D No Local Coastal Program Amendment: D Yes r8] No Existing LCP Land Use Designation: PI Existing LCP Zone: =-P-=-M-=------ Proposed LCP Land Use Designation: N_/ A __ _ Proposed LCP Zone: "-N~/ A=--------- Revised 01106 -PUBLIC FACILITIES - School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad ~~~~---- Equivalent Dwelling Units (Sewer Capacity): =-N=/A=-=----------------- ENVIRONMENTAL IMPACT ASSESSMENT ~ Categorical Exemption, Section -=-15=3"-'0::...,l=,-=E=x=is=tm=· ::.:g:,....:F::.....:a=c=il=it=ie=s'------------- D Negative Declaration, issued _____________________ _ D Certified Environmental Impact Report. dated _______________ _ D Other. ___________________________ _ Revised O t 106 - Cit}' of Carlsbad liF•e11ilel·l•J§•Fiiilei4,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 time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as wAny individual, finn. co-partnership, joint venture, association, social dub, 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 belOIN. 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 10% 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 SiA.'J<ll\ Mc,ltArt\y CorplPartAf1kJ l:Cfju,br IJirr~ JX,J1 Ll.G THle Pn~-~,c Tltle Address 1: 3. Addressb92.5 L.vck P;lvd. 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 (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 10% 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.) RPH INDUSTRIAL. LLC. A DELAWARE LIMITED LIABILITY COMP ANY BY: RREEF MANAGEMENT CO:MPA.iW. A DELAWARE CORPORATION. AUTHORIZED AGE1'.'T 2131 PALOMAR AIRPORT ROAD. SCITE 100 CARLSBAD CA 92011 1635 Faraday AvenlJ8 • Calisbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.c1.cartsbad.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 $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes !ZI 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. RPH Industrial, LLC. a Delaware limited liability company By: RREEF Management Company, a Dela\1,-are corporation, Authorized Agent By: Jill E. Shanahan. Vice President Signature of Jowh D. 1-bm ~ l:iPo -SR.Es Print or type name of---/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5198 Page 2 of2