HomeMy WebLinkAboutHDP 96-07; Marja Acres PCS Facility; Hillside Development Permit (HDP)me City of CARLSBAD Planning Department ’ d%Q A REPORT TO THE PLANNING COMMISSION
Item No. @
Application complete date: August 29, 1996
P.C. AGENDA OF: December 4, 1996
Project Engineer: C. Wickham
Project Planner: E. Blackbum
SUBJECT: CUP 96-05/HDP 96-O7/SUP 96-05 - MARJA ACRES PCS FACILITY -
Request for a Mitigated Negative Declaration, Conditional Use Permit, Hillside
Development Permit, and Special Use Permit to allow the installation of six (6)
PCS panel antennas mounted on individual poles, one (1) global positioning
antenna, and six (6) ground-mounted radio equipment cabinets, on property
located at 4901 El Camino Real in the C-2 and the R-A-10 Zones, in Local
Facilities Management Plan Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4025
APPROVING the Mitigated Negative Declaration issued by the Planning Director, and ADOPT
Planning Commission Resolutions No. 4026,4027 and 4028 APPROVING the Conditional Use
Permit (CUP 96-05), the Hillside Development Permit (HDP 96-07) and the Special Use Permit
(SUP 96-05) based on the findings and subject to the conditions contained therein.
11. INTRODUCTION
This application is a request for a conditional use permit (CUP) to allow Personal
Communication System (PCS) antennas mounted on individual poles and associated radio
equipment cabinets on a site located in the Coastal Zone in the undeveloped slopes behind an
existing commercial building (the “Country Store”). The project site is located on the south side
of El Camino Real just east of Kelly Drive. The project is to be located on two adjacent parcels
zoned C-2 (the commercial building site) and R-A-10 (the undeveloped slope area). Accessory
public and quasi-public utility buildings and facilities, such as the proposed use, are permitted in
all zones with a CUP. Staff has concluded that all findings required for the approval of this
CUP, HDP, and SUP can be made.
111. PROJECT DESCRIPTION AND BACKGROUND
Cox California PCS, Inc., is a Personal Communications System (PCS) company and is a public
utility licensed to operate in California by the Federal Communications Commission (FCC).
Cox California PCS, Inc., is in the process of building a PCS network throughout San Diego
County to service its local subscribers. PCS telecommunications technology (digital wireless) is
emerging as an important emergency response service and business tool, as well as being
convenient for personal and family use. The network is similar to a cellular telephone network
with digital technology improving on the sound quality of cellular.
CUP 96-05/HDP 96-07/SbP 96-05 - MARJA ACRES PCS FACILII‘Y
DECEMBER 4,1996
PAGE 2
The project applicant proposes to lease a small portion of two larger parcels (5.2 acres and 14.6
acres) which currently contain a commercial use (the Country Store) and some undeveloped
slopes behind the commercial use. The project site is surrounded by agricultural fields to the
south, an existing single-family residential development located approximately 800 feet to the
west, and an existing mobile home park approximately 600 feet to the east. El Camino Real is
located approximately 300 feet to the north of the site, beyond the Country Store.
The northernmost of the two subject parcels has a General Plan designation of N (Neighborhood
Commercial) and is zoned C-2 (General Commercial). This parcel contains the Country Store.
The second parcel, immediately south of the first, has a General Plan designation of RLM
(Residential Low Medium) and is zoned R-A-10 (Residential Agricultural). The portion of the
sites to be utilized for the proposed project contains disturbed non-native habitat.
In the general vicinity of the project site, the roadway elevation of El Camino Real is at a
topographical low point and is surrounded by foothills in the area around Tamarack Avenue,
Kelly Drive and the Country Store. In addition, there are no tall industrial or commercial
buildings along this portion of the corridor, which is primarily zoned for residential land uses.
As a result of these circumstances, and the need to fill a gap in the PCS telecommunications
network along this segment of El Camino Real, Cox California PCS, Inc., is requesting approval
to install six PCS panel antennas mounted on individual poles, one global positioning antenna,
and six ground-mounted radio equipment cabinets.
The proposed antenna poles will be placed in the undeveloped slopes behind the Country Store
(the parcel zoned R-A-IO). The six poles will range in height from 22’3” to 26’6”. They will be
placed in two clusters of three poles each and will be placed at elevations of between 76’ and 81’
above mean sea level. In each cluster, the taller poles will be placed at the lower elevation
points, and the shorter poles at the higher elevation points. The top of the nearby ridgeline of the
larger site is at an elevation of approximately 103’. Therefore, none of the six poles will be
visible above the ridgeline. (Staff has included a condition of approval to ensure that the poles
are installed in this manner.) The site where the poles will be placed is approximately 25 feet
higher than the roadway elevation of El Camino Real. The poles will be set into the ground in
individual concrete piers. (There will be no flat “pad” area.) Each pole will be round and will be
a maximum of 6 5/8” in diameter. The poles will be painted a “camouflage” color to blend in
with the surrounding vegetation.
Each of the two pole clusters (three poles in each cluster) will be enclosed by a 6’ high vinyl-
coated chain link fence in a color to match surrounding vegetation. Each of the enclosure areas
will be approximately 80 square feet in size (approximately 16’ long by 5’ wide).
Staff has conditioned the project to provide landscaping in the form of trees and shrubs around
the pole enclosures to further diminish visibility of the project. The project is also conditioned to
establish a 30’ wide open space easement around the base of the poles to ensure that no future
structures would be damaged should the poles fall due to natural disaster or other unforeseen
conditions.
CUP 96-05/HDP 96-07/SUr 96-05 - MARJA ACRES PCS FACILIl’Y
DECEMBER 4,1996
PAGE 3
The proposed antennas include six panel antennas and one oval global positioning antenna. The
panel antennas are each approximately 4’6” high and 6” wide. These six antennas will be
mounted on the upper portion of the six poles (one antenna per pole). The antennas will not
project above the tops of the poles. The global positioning antenna is an oval shape of
approximately 10”. This antenna will be mounted on the top of the vinyl chain link fence
adjacent to pole “F”. Electrical power to the facility will be provided by underground electrical
lines.
The proposed equipment cabinets will be placed in the lower portion of the undeveloped slopes
directly behind the Country Store (the parcel zoned C-2). Each cabinet will be approximately 5’
high, 3’ deep, and 3’ wide and will be constructed of an all-weather material. The cabinets will
be mounted on a concrete slab platform, and will be fully enclosed. The enclosure will be 8’
high and will be constructed of split-face concrete block on the three exposed sides. (The back
side of the enclosure will also be constructed of concrete block, unless it is determined that some
other material is necessary to ensure structural stability of the enclosure, In any case, the back
wall will be recessed into the slope and, therefore, will not be visible.) The enclosure will be
painted a brown color to blend in with the surrounding vegetation. The use of split-face concrete
block painted in this manner will ensure that the enclosure blends in with the native vegetation
and is compatible with the generally rustic appearance of the site and the appearance of the
existing development. A security grill will be placed on the top of the enclosure. The grill will
be of aluminum and will not be visible. The total size of the cabinet enclosure area will be
approximately 300 square feet.
This proposed project is subject to the following regulations:
A. C-2 (General Commercial) and R-A-10 (Residential Agricultural) Zones
(Chapters 21.28 and 21.08 of the Carlsbad Municipal Code);
B. Scenic Preservation Overlay Regulations (Chapter 21.40 of the Carlsbad
Municipal Code) and the El Camino Real Corridor Standards;
C. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal
Code);
D. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal
Code);
E. Mello I1 Segment of the Local Coastal Program; and
F. Growth Management.
IV. ANALYSIS
Staff is recommending approval of this project for the reasons stated in the staff report. This
analysis section was developed by analyzing the project’s consistency with the applicable plans,
policies, regulations and standards listed above and discussed in detail in the following text.
.- -
CUP 96-05MDP 96-07/SUr 96-05 - MARJA ACRES PCS FACILITY
DECEMBER 4,1996
A. C-2 (General Commercial) and R-A-10 (Residential Agricultural) Zones
Chapter 21.42.O10(2)(J)(Conditional Uses - Permitted Uses) allows accessory public and quasi-
public buildings and facilities in all zones, including the C-2 commercial and the R-A-10
residential zones, by approval of a Conditional Use Permit.
As stated above, the proposed project utilizes portions of two parcels with different zoning
designations. The equipment cabinets will be placed on the C-2 zoned portion of the site. The
cabinets and enclosure comply with all applicable regulations of the C-2 zone.
The proposed pole antennas will be placed on the R-A-10 zoned portion of the site. Again, the
proposed project complies with all applicable regulations of the R-A-10 zone, including the
maximum height restriction of 30'.
B. Scenic Preservation Overlay Regulations (Chapter 21.40 of the Carlsbad Municipal
Code) and the El Camino Real Corridor Standards
The proposed project (the poles) will be located approximately 300 feet from El Camino Real,
which has been designated a Scenic Roadway by the City's General Plan. Consequently, the
project is subject to the requirements of the El Camino Real Scenic Corridor Development
Standards and requires a Special Use Permit.
Based on the project's distance from El Camino Real (poles approximately 300' from the street),
and the existing commercial development between the project and the roadway, potential views
of the poles from the roadway will be relatively distant and intermittent. The surrounding natural
viewshed is not considered significant due to the fact that it has been partially degraded by
existing development between the project site and El Camino Real, a mobile home park
development to the east, utility poles and lines along El Camino Real, and several very tall
SDG&E electrical transmission towers to the west. To reduce the visibility of the pole antennas,
the project is conditioned to provide landscaping around the perimeter of the pole enclosures.
The landscaping is to consist of a combination of trees and shrubs. The trees are to be hardy
evergreen species with full foliage which will reach a height of 25 to 30 feet at maturity. This
landscaping will provide screening of the poles when the project is viewed from El Camino Real.
Therefore, staff has concluded that the proposal conforms to the requirements of the Scenic
Preservation Corridor overlay.
C. Conditional Use Permit
Conditional land uses such as PCS facilities possess unique and special characteristics which
make it impractical to include them as permitted uses "by right" in any of the various zoning
classifications, i.e. residential, commercial and industrial. The authority for the location and
operation of these uses is subject to Planning Commission review and the issuance of conditional
use permits. The following facts are found to exist for this conditional use permit:
1. The requested use is necessary and desirable for the development of the community, in
that the community benefits of PCS include, but are not limited to, the following:
CUP 96-05/HDP 96-07/SL~ 96-05 - MARJA ACRES PCS FACILI'I Y
DECEMBER 4,1996
0 Wireless communication will improve telecommunication service by providing
mobile voice and data transmissions;
Potentially provide enhanced emergency response for police, fire and paramedic
services;
0 Improve voice and data quality through the use of all-digital technology, which will
eliminate fading, dropping and crackling that can interrupt regular wireless calls; and
0 Provide one personal portable phone number for voice, voice mail, pager, data and
facsimile.
2. The proposed project is consistent with the N (Neighborhood Commercial) and RLM
(Residential Low Medium) General Plan designations on the two parcels in that the
proposed use will allow continued provision of wireless communication facilities for the
community and region as a whole, including communication for public safety entities.
Further, the utility land use is permitted in all zones subject to approval of a CUP.
3. The proposed site is adequate in size and shape to accommodate the utility use, in that the
open space easement and all features necessary to adjust the use to the existing
commercial development and undeveloped future residential area have been provided,
and the project meets all applicable City standards and policies without the requirement
for a variance from standards. In addition, the project will be screened by landscaping,
the electrical line leading to the facility will be placed underground, and the poles will be
set into the ground in concrete piers, thus no concrete pad will be created for the pole
areas.
4. The accessory utility use is located on two parcels (one commercial and one undeveloped
residential) and will not generate significant additional traffic. Therefore, the street
system serving the use is adequate to properly handle any traffic generated by the use.
The use will require occasional maintenance trips (approximately 1 trip every 3 months),
and the proposed facility can be operated from an offsite central facility.
D. Hillside Development Regulations
The proposed project has been reviewed pursuant to the requirements of the Hillside
Development ordinance. Staff has concluded that the necessary findings for approval of the HDP
can be made as discussed below.
1. All current hillside conditions have been identified on a constraints map.
2. Undevelopable areas of the project have been properly identified on the constraints map.
3. The project is consistent with the intent, purpose, and requirements of the Hillside
Ordinance as the project will not result in significant grading or disturbance of the
hillside, is of very low intensity, and will be adequately screened to minimize visibility of
the project from surrounding areas and from El Camino Real.
CUP 96-05/HDP 96-07/SUr 96-05 - MAMA ACRES PCS FACILIl'Y
DECEMBER 4,1996
4. Section 21 ~3.230 of the Municipal Code governs residential development and therefore,
does not apply to the subject project. However, Section 21.53.240, which governs non-
residential development on open space and environmentally sensitive lands, applies the
standards of Section 21.53.230. The proposed project is consistent with Section
21 S3.240 in that the project does not occur on environmentally sensitive lands or slopes
of greater than 40%.
5. The project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual. The Manual is primarily intended to guide the
development of buildings (e.g., residential and other types of structures) on hillsides.
While the concepts illustrated in the Manual cannot be applied directly to the proposed
utility use, the proposed project does comply with the intent of the Manual in the
following ways.
a. The project minimizes the amount of grading for the project.
b. The proposed installation will control any possible erosion by keeping grading to
a minimum and by reseeding any disturbed areas as soon as installation is
complete.
c. The project design minimizes potential visual intrusion by locating the proposed
antenna poles such that they will not be visible above the ridgeline and by
screening the project through several means, including solid enclosures painted to
match surrounding vegetation and required landscaping.
6. The project design and configuration minimizes disturbance. The project will occupy
three very small areas (two pole clusters and one cabinet area) in, and at the lower edge
of, the slope area. The amount of grading is limited to that required to create a pad for
the equipment cabinets and the area in which the necessary electric lines will be placed
underground. (The area of the underground lines will be reseeded when the facility
installation is complete.)
E. Mello I1 Segment of the Local Coastal Program
The project site is within the Mello I1 Segment of the Local Coastal Program. However, the
proposed project does not involve, and will not be visible from, any coastal waterways, beaches,
wetlands, coastal bluffs, or deed restricted open space areas. Therefore, it will not have a
significant impact on the scenic character of the Coastal Zone. The project site does not contain
any sensitive resources as the site contains only previously disturbed non-native vegetation. The
project is consistent with all applicable regulations and policies of the Mello I1 segment of the
LCP. All Mello I1 findings required for development of the project in the slope area (25-40%
slopes) can be made and will be addressed in the Coastal Development Permit. At the time this
application was submitted, the City did not yet have the authority to issue the Coastal
Development Permit for the project. Consequently, the Coastal Permit could not be processed
concurrently but will need to follow any approvals which may be granted by the Planning
Commission.
CUP 96-05KDP 96-07/Sbr 96-05 - MARJA ACRES PCS FACILI'I Y
DECEMBER 4,1996
F. Growth Management
The proposed site is located within Local Facilities Management Plan Zone 1 in the northwestern
quadrant of the City. The installation of the communication equipment cabinets and antennas
will not result in increased public facilities demands and therefore, the project will not exceed
performance standards for public facilities.
V. ENVIRONMENTAL REVIEW
Cox California PCS, Inc., is licensed by the FCC to transmit in the 1850 - 1990 MHz frequency
band. Based on a preliminary engineering PCS Emission Report on file in the Planning
Department, the facility would be in compliance with radio frequency power density standards
(American National Standards Institute (ANSI)/Institute of Electrical and Electronic Engineers
(IEEE) C95.1-1992) for the general public and all requirements of the FCC regarding radio
frequency interference, and health, safety and welfare.
In addition, there are no residential structures within at least 30 feet of the base of the antenna
poles. To protect the safety of future residents and to protect homes from being damaged by a
structural failure of the monopole during an unforeseen natural disaster such as an earthquake or
high winds, the project is conditioned with mitigation that provides a 30 foot wide open space
easement around the poles. The Planning Director has determined that with the added mitigation
measure the project will not have a significant effect on the environment and has published a
public notice for a Mitigated Negative Declaration per the requirements of the California
Environmental Quality Act and Title 19 of the Carlsbad Municipal Code. The Mitigated
Negative Declaration was publicly noticed for 30 days, beginning November 1, 1996, and no
public comments were received during this public review period. The project also qualifies as a
subsequent development to the City's MEIR (MEIR 93-01) under Section 21083.3 of CEQA.
The environmental review also relied upon the MEIR for analysis of cumulative air and
cumulative air and cumulative impacts. Therefore, the project was also determined to be in prior
compliance with MEIR 93-01. The decision to issue a Mitigated Negative Declaration was
based on the findings of the Environmental Assessment Part-I1 (Initial Study), the preliminary
PCS Emission Report and a field survey by staff.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 4025
Planning Commission Resolution No. 4026
Planning Commission Resolution No. 4027
Planning Commission Resolution No. 4028
Location Map
Background Data Sheet
Disclosure Statement
Reduced Exhibits
Exhibits "A"-"I" dated December 4, 1996.
EB:bk
@ NOKTH
MARJA ACRES PCS FACILITY
CUP 96-05/HDP 96-O7/SUP 96-05
- BACKGROUND DATA SHEET ”
CASE NO: CUP 96-05HDP 96-07/SUP 96-05
CASE NAME: Maria Acres PCS Facilitv
APPLICANT: Cox California PCS, Inc.
REQUEST AND LOCATION: Conditional Use Permit to allow installation of a Personal Communications
System (PCS) facility at 4901 El Camino Real. The facilitv consists of 6 antenna poles, each topped with one
panel antenna, and 6 ground-mounted equipment radio cabinets with a global positioning antenna to be
enclosed by a 6’ high fence. The heights of the poles with antennas will range in height from 22’3” to 26’6”.
The equipment cabinet area will occupy an area of about 300 sf.
LEGAL DESCRIPTION: Parcel 1 of Parcel Map 3451. in the Citv of Carlsbad, County of San Diego. State of
California filed January 3 1, 1975, in the office of the Countv Recorder of San Dieno Countv. and That portion
of Parcels 2 and 3 of Parcel Map 345 1, in the City of Carlsbad. Countv of San Diego, State of California. filed
on January 31,1975.
APN: 207-101-16 & 19 Acres n/a Proposed No. of LotsNnits n/a
(Assessor’s Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation N ((Neighborhood Commercial and RLM (Residential Low Medium)
Density Allowed n/a Density Proposed n/a
Existing Zone C-2 and R-A- 10 Proposed Zone nla
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Zoning Land Use
Site C-2; R-A- 10
North c-2
South R-A- 10
East R-1, RMHP
West R-1-10, R-1-8
Undeveloped
Country Store
Undeveloped; Agricultural
Single-family Residential &
Mobile Home Park
Single-family Residential
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) nla
Public Facilities Fee Agreement, dated nla
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued November 1. 1996
- Certified Environmental Impact Report, dated
DISCLOSURE STATEMENT
r APPLICANTS STATEMENT OF DISClOSURE OF CEKTAJN oWNE&lP WE3EsTs ON All APwc4TlONS WHCH WIU REQUIRE
OlSCRETlONARl ACTK)N ON THE PART OF THE Crry COUNCIL OR ANY APWINTED BOARD. WMMLSSK)CJ OR COMMIITEE
(Pleluo Prim
The following information must be disclosed:
List the names and addresses of all persons having a financial interest in the application.
a PCS. Inc. 2381 Morse Avenue Irvine, CA 92714
2. Owner
List the names and addresses of all persons
Marvon D Hoffman
having any ownership interest in the property involved. 4901 El Camino Real
Carlsbad, CA YZUUt5
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses
of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the
partnership. ..
4. If any person identiffed pursuant to (1) or (2) above is a non-proftt organization or a trust, list the names and
addresses of any person serving as officer or director of the nonprofrt organization or as trustee or benefiaq of
the trust
FRM0001 12/91 -
2075 Las Palmas Drive - Carisbad, California 92009-1576 - (619) 438-1 161 @
Disclosure Statement
5. Have YO u had more than $250 worth of business transacied with an)
Commissions, Committees and Council within the past twelve months?
Page 2
t member of City staff, Boards,
Yes - No 3( If yes, please indicate person(s)
I 1 - Penon ia defined u: 'Any individual. firm. copadnemhip. joint venturo. ~ldoft. UXw club. fraternal organadon, corporabn. ..td.. rwke ,
syndicat., thir and any othu county, cRy and county. cily municipality, d*bia 01 OW politiul8ubdivirion, 01 any othu group 01 uxnbinatjon acting u
unit' i
I I
(NOTE: Attach additional pages as necassafy.)
Stephen M. Laub
Print or type name of applicant
~ FRM0001 12/91
C-1 TOPOGRAPHIC MAP
A-1 SITE PLAN
A-2 CONSTRUCTION PLAN
A-3 EXTERIOR ELEVATIONS
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