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HomeMy WebLinkAbout2009-06-17; Planning Commission; ; CUP 03-06x1 - TAMARACK AT&T WIRELESSThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. P.C. AGENDA OF: June 17, 2009 Application complete date: April 20, 2009 Project Planner: Shelley Esteybar Project Engineer: David Rick SUBJECT: CUP 03-06x1 - TAMARACK AT&T WIRELESS - Request for a retroactive ten year extension of Conditional Use Permit No. CUP 03-06 to allow the continued operation of an existing unmanned Wireless Communications Facility consisting of a 250 square foot equipment room and six (6) panel antennas mounted on a 31 Vz foot tall mono-palm structure located at 4901 El Camino Real in the R-A-10 and C-2-Q/C-2 Zones and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6568 APPROVING a retroactive ten year extension of CUP 03-06 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive ten year extension of CUP 03-06 will allow the continued operation of an unmanned Wireless Communication Facility (WCF) consisting of a 250 square foot equipment shelter and six (6) panel antennas mounted on a 31 !/2 foot tall mono-palm structure at 4901 El Camino Real from January 7, 2009 to January 6, 2019. III. PROJECT DESCRIPTION AND BACKGROUND The applicant (AT&T) is requesting a retroactive ten (10) year extension of CUP 03-06 (from January 7, 2009 - January 6, 2019) to allow the continued operation of an unmanned Wireless Communication Facility consisting of a 250 square foot equipment shelter and six (6) panel antennas on an existing 31 Vz foot tall mono-palm structure at this site. On January 7, 2004, the Planning Commission approved CUP 03-06 to allow the above described WCF installation at 4901 El Camino Real. The Planning Commission also approved a Coastal Development Permit (CDP 03-16) and a Special Use Permit (SUP 03-04) for the project on January 7, 2004. Condition No. 12 of the approving CUP 03-06 Planning Commission Resolution No. 5515 specifies that CUP 03-06 is granted for a period of 5 years (January 7, 2004 - January 6, 2009) but may be extended upon written application of the permittee (AT&T Wireless). The applicant submitted an application to renew the use within a timely manner on January 5. 2009. The City Council adopted a policy (Policy # 64) regarding prioritization for the location of Wireless Communication Facilities (WCF) within the City on October 3, 2001. The guidelineso CUP 03-06x1 - TAMARACK AT&T WIRELESS June 17,2009 Page 2 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 mono-palm is located in the R-A-10 residential zone. The equipment shelter is located at the toe of an existing slope in the C-2-Q/C-2 commercial 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 7 & 8). The areas requiring coverage are residential, with the exception of the Country Store located on the adjacent commercial parcel along El Camino Real. 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 adjacent commercial parcel is approximately 30 feet lower in elevation than the existing mono-palm site. To relocate the WCF on the commercial parcel, a new WCF at approximately 65 feet in height would need to be constructed to achieve the same area of coverage (see Attachment 9). 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 the fronds of the mono-palm. The mono-palm was specifically designed to support a second carrier and is surrounded by mature palm trees which allow the mono-palm to blend into the natural surroundings. No tall buildings exist within the vicinity of the site and the elevation of the adjacent commercially zoned property is too low to meet the coverage needs. The equipment shelter is also designed to match the existing equipment shelters and trash enclosure located on the commercial parcel. 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. Additionally, the combined exposures of the AT&T mono-palm, as well as the two nearby mono-palms used by Sprint/Nextel, T-Mobile and Verizon will not exceed the FCC standards. 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. Residential Agriculture (R-A-10) and General Commercial, Qualified Development Overlay Zones (C-2-Q/C-2)(Chapters 21.08, 21.28 and 21.06 of the Carlsbad Municipal Code); 3. Scenic Preservation Overlay Zone (Chapter 21.40 of the Carlsbad Municipal Code); CUP 03-06x1 - TAMARACK AT&T WIRELESS June 17,2009 Page 3 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 1; 7. Coastal Development Regulations (Chapter 21.201 of the Zoning Ordinance); and 8. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). B. The adopted project findings for CUP 03-06, which are contained in Planning Commission Resolution No. 5515 still apply to this project (CUP 03-06x1). C. The adopted project conditions for CUP 03-06, which are contained in Planning Commission Resolution No. 5515 still apply to this project (CUP 03-06x1) with the exception of Condition Nos. 6, 7, 10,14,15, 16, 17, 18, 19, 20 and 21 which have been satisfied and Condition No. 12 which is superseded by Condition No. 4 in Planning Commission Resolution No. 6568 to extend CUP 03-06 retroactively for ten years from January 7, 2009 through January 6, 2019. D. No formal written complaints regarding CUP 03-06 have been submitted to the City. E. Annual reviews have been conducted for CUP 03-06 and the project is in compliance with all conditions of approval. F. The Wireless Communication Facility maintains a "stealth" design and is built to support a second carrier. 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. 6568 2. Location Map 3. Planning Commission Resolution No. 5515, dated January 7, 2004 4. Disclosure Statement 5. Background Data Sheet 6. Applicant's Justification Letter, dated March 25, 2009 7. Coverage Exhibit of existing coverage without current site 8. Coverage Exhibit of existing coverage with current site 9. Coverage Exhibit of existing coverage with alternative site (commercial property) NOT TO SCALE SITEMAP TAMARACK AT&T WIRELESS CUP 03-06x1 1 PLANNING COMMISSION RESOLUTION NO. 5515 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDI- TIONAL USE PERMIT CUP 03-06 TO ALLOW THE 4 INSTALLATION OF A MONO-PALM WITH SIX ANTENNAS 5 AND AN ASSOCIATED 250 SQUARE FOOT EQUIPMENT BUILDING ON PROPERTY GENERALLY LOCATED AT 4901 6 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE1. 7 CASE NAME: TAMARACK AT&T WIRELESS CASE NO.: CUP 03-068 ~~~—^-~—~~~~~—^—______^_____^_____ 9 WHEREAS, AT&T Wireless Services, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Jay Franklin Hoffman and Maryon Dooley Hoffman, "Owner," described as 12 Parcel 3 of Parcel Map 3451, in the City of Carlsbad, County 13 of San Diego, State of California, filed January 31,1975, in the Office of the County Recorder of San Diego County, and that 14 portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of San Diego, State of California, as shown on Parcel Map filed on page 3451 of Parcel Maps on 16 January 31,1975, under file No. 75-023997 17 ("the Property"); and '° WHEREAS, said verified application constitutes a request for a Conditional Use 19 Permit as shown on Exhibits "A" - "E" dated January 7, 2004, on file in the Carlsbad Planning 20 Department, TAMARACK AT&T WIRELESS - CUP 03-06, as provided by Chapter 21.42 21 22 and 21.50 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 7th day of January 2004, hold 24 a duly noticed public hearing as prescribed by law to consider said request; and rye•" WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP;28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct.4 B) That based on the evidence presented at the public hearing, the Commission APPROVES TAMARACK AT&T WIRELESS - CUP 03-06, based on the 6 following findings and subject to the following conditions: 7 Findings; o 1. That the requested use is necessary or desirable for the development of the community, is 9 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 10 proposed use is located, in that the proposed use benefits the community because of the demand for mobile voice and data transmissions and the site's residential- agricultural and commercial land use designations do not preclude the provision of 12 quasi-public utility uses. 13 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project meets all City standards without the need for a variance and section 14 21.46.020 of the Zoning Ordinance allows for elements, such as a mono-palm, to ., protrude above the height limit of the underlying zone. 16 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 17 provided and maintained, in that no adjustments are necessary to allow the proposal to be located within the project boundaries. To minimize potential visual impacts created by the project, the project has been designed as a mono-palm and will be 19 surrounded by mature palm trees of varying heights which will aid in creating a natural appearance when viewed from El Camino Real and the equipment building 20 will be designed to match the existing commercial center. A 32-foot radius open space easement will be provided around the base of the pole to protect the safety of future residents and homes in the event of structural failure of the mono-palm due 22 to an unforeseen natural disaster. 23 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 24 vehicle trips beyond that necessary for regular maintenance. 2S 5. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the installation, which consists of six (6) antennas mounted on a mono- palm structure, has been designed as a stealth facility and the equipment cabinets 27 have been integrated into the design of the existing commercial center. The mono- palm structure will be located on the residential portion of the site which is not the most desirable location for wireless communication facilities. However, there are no other sites which have non-residential designations that are at high enough PCRESONO. 5515 -2- elevations to meet the coverage objectives and the topography of the commercially 2 zoned property is too low to meet their needs. 3 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 - new construction or conversion of small structures of the state CEQA Guidelines. In making this 6 determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7 „ 7. The Planning Commission finds that the project, as conditioned herein, is in conformance with the City's General Plan, based on the facts set forth in the staff report 9 dated January 7, 2004 and recognizing that wireless communication facilities are an integral part of the built environment defined by the General Plan and that wireless 10 communication facilities are necessary and essential for the provision of the service. 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 12 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 13 degree of the exaction is in rough proportionality to the impact caused by the project. 14 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 17 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 20 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 21 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 23 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 24 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 27 and regulations in effect at the time of building permit issuance. 28 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 PCRESONO. 5515 -3- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and e 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 6 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 9 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until 10 all legal proceedings have been concluded and continues even if the City's approval is not validated.11 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 13 body. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" ; format (including any applicable Coastal Commission approvals). reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 16 8. This project shall comply with all conditions and mitigation measures which are required 17 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.18 9. This approval is granted subject to the approval of SUP 03-04 and CDP 03-16 and is subject to all conditions contained in Resolutions No. 5516 and 5517 for those other 20 approvals. 10. This approval shall become null and void if building permits are not issued for this 22 project within 24 months from the date of project approval. 23 11. 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 24 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. 27 12. This Conditional Use Permit is granted for a period of five (5) years from January 7, 28 2004 through January 6, 2009. 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 PCRESONO. 5515 -4- uses and the public's health and welfare, or the conditions imposed herein have not been 2 met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the 3 expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 13. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or 9 amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine 10 compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(l); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and 12 compare the results with the exposure limits established by the FCC guidelines. Said report shall be subject to review and approval by the Planning Director for consistency 13 with the Project's preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this 1 - conditional use permit. 16 14. Prior to issuance of a building permit, the developer shall record a 32-foot radius open space easement around the base of the mono-palm. 17 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a 20 healthy and thriving condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 23 17. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 24 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 25 City of Carlsbad has issued a Conditional Use Permit, Special Use Permit, and Coastal 26 Development Permit by Resolutions No. 5516, 5516, and 5517 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, 27 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. 28 The Planning Director has the authority to execute and record an amendment to the notice PCRESONO. 5515 -5- which modifies or terminates said notice upon a showing of good cause by the Developer 2 or successor in interest. 3 Engineering 18. The wireless communication facility or appurtenances shall not be constructed on any c easement without the easement holder's permission. 6 19. The wireless communication facility or appurtenances shall not be constructed in any drainage area or over any drainage structure. 0 Code Reminders; o —————————— 9 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such 12 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 21. Developer shall pay a landscape plan check and inspection fee as required by Section 14 20.08.050 of the Carlsbad Municipal Code. 22. Approval of this request shall not excuse compliance with all applicable sections of the 16 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 17 18 NOTICE 19 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 20 "fees/exactions." 21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 22 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 23 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. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 26 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 2^ project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a ~0 NOTICE similar to this, or as to which the statute of limitations has previously otherwise•£o .expired. PCRESONO. 5515 -6- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 7th day of January 2004 by the 3 following vote, to wit:4 e AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton 6 NOES: None 7 . ABSENT: Noneo 9 ABSTAIN: None 10 11 12 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 MICH AELT HOfizMfelER 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 5515 -7- CltvofCSrls b a d Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require j discretionary action on the pan of the City Council or any appointed Board. Commission or Committee^ ; The following information MUST be disclosed at the time of application submmal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fins, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, mist, 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 me 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 (N/A) IN THE SPACE BELOW If a publiciv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 4A)r *M tt<y/su WPF \f"4 *•* Corp/Part, Title h\±>vtftiZ . Title Address MDI EH M»yvc *-*P HE*/ 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 (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 (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.) Corp/Pan Title . Address 1635 Faraday Avenue • Carlsbad, CA 920O8-7314 • (760) 602-4600 • FAX (760) 602-8559 BACKGROUND DATA SHEET CASE NO:CUP 03-06X1 CASE NAME: TAMARACK AT&T WIRELESS APPLICANT: AT&T Wireless REQUEST AND LOCATION: Request for a retroactive ten year extension of Conditional Use Permit No. CUP 03-06 to allow the continued operation of an existing unmanned Wireless Communications Facility consisting of a 250 square foot equipment room and six (6) panel antennas mounted on a 31 '/2 foot tall mono-palm structure located at 4901 El Camino Real in the R-A-10 and C-2-Q/C-2 Zones in Local Facilities Management Zone 1. LEGAL DESCRIPTION: Parcel 1 of Parcel Map 3451. in the City of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San Diego County, and that portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of San Diego, State of California, as shown on Parcel Map filed on page 3451 of Parcel Maps on January 31, 1975, under file No. 75-023997. APN: 207-101-24.207-101-28 Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: L (Local Shopping Center) and RLM (Residential Low Medium) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: C-2-Q/C-2 and R-A-1Q Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site North South East C-2-Q/C-2;R-A-10 P-C R-l R-1;RMHP L;RLM OS RLM Current Land Use Commercial; Wireless Communication Facilities, Agriculture Undeveloped SFR RLM SFR; Park Mobile Home West R-A-10; R-l-8,000 RLM Palm Nursery; SFR Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes [XI No Coastal Development Permit: I I Yes IXI No Local Coastal Program Amendment: [ | Yes [X] No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: N/A Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Section 15301 "Existing Facilities" Negative Declaration, issued N/A PI Certified Environmental Impact Report, dated N/A G Other, N/A Revised 01/06 CUP-03-06X1 TAMARACK AT&T WIRELESS SD0750 Feasibility Analysis and Site Justification: 1. A site located on the commercially zoned property owned by Mr. and Mrs. Hoffman would not be feasible since coverage gaps would result in areas to the south and north. This would mean that residential, business, and emergency communications/services relying on existing wireless connectivity would suffer from a loss in coverage. It should be appreciated that a significant portion of the population now relies solely upon wireless connectivity for their personal and business telephone and internet service. Therefore, a siting solution that results in lost coverage is not viable. 2. A right-of-way (ROW) solution is not feasible for the current generation of AT&T wireless deployment. With the deployment of "3G" and now "4G" wireless technologies, more capacity is needed from every wireless site. The minimum design-build for a current AT&T wireless site consists of 6 antennas (5ft. x 1ft.), with minimum spatial separations between antennas required. Nevertheless, in response to staff comments, the ROW location was assessed with an RF analysis, and it was found that the site would suffer coverage loss to the south. The road right-of-way of El Camino Real is approximately 41' MSL, and the present location is at 91' MSL, at 50' loss in elevation. 3.) There are no other viable collocation opportunities within a feasible distance from the subject collocation site. The subject AT&T "0750" site is within a collocation environment, on a commercial / agricultural site, and is therefore removed from more sensitive land uses. The (AT&T) site is part of a wireless "palm grove", with existing mature palms that were planted as part of the original wireless installations. Pursuant to staff direction, the subject palm trees have been trimmed and the irrigation issues have been addressed. Thus the proposed facility is integrated with the environment. RECEIVED MAR 2 5 2009 CITY OF CARLSBAD PLANNING DEPT WITHOUT S00750 • • EXCELLENT COVERAG -D GOOD COVERAGE AVERAGE COVERAGE POOR COVERAGE • .) -~ • ~ w w w w C) (!) C) ~ ~ ffi ~ 0 W > w I-> 0 > Z O o O WO w O ..J (!) ..J C ce 0:: w O o:: O O w 0 >< 0 > D.. w C) c( □□□□ LU I-C/) ,_,,.___ s h--4-~~~ LU z • •