HomeMy WebLinkAboutCD 2018-0024; SDG&E STEEL POLE WCF; Consistency Determination (CD).... ,,
CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETl!r(MINATION APPLICATION
CITY USE ONLY Development Number: p e v o {;, l o e,
Original Project Number: C vl P O b -2.-o Consistency Oetennlnation Number: c.. J:? 7 o I a -oo 2... '+-
PROJECT NAME: SP-';"""k .S'i-14-llo"-' Lvvf
Assessor's Parcel Number(s') and (.Af't>J :tt-z ,c;---os--z.-1~
Address: 1'1 z ,.,. 5.,,,..\\0..., L,,..,,.,, (7/VS-),.W c,.. 9co<)f
Description of proposal (add attachment If necessary): ... -¾f-.S.E~ _ _ 4 J/,'G,,,1..._.J. 1#.~P.jf ,b.~:.c,oj, ,.
Would you like to orally present your proposal to your assigned staff planner/engineer? Yes 0
D
No
Please list the staff members you have previously spoken to regarding this project. If none, please so state .
. £.s-1-.f..~~A,
OWNER NAME
INDIVIDUAL NAME
(if applicable):
(PLEASE PRINT)
Bruner & Rosi Managment
COMPANY NAME (~ applicable): West Bluff HOA
MAILING ADDRESS: 5651 Palmer Way, Ste A -~--'----a..c...------C I TY, STATE, ZIP: Carlsbad, CA 92010
TELEPHONE: 760.603-9404
EMAIL ADDRESS:
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME
(If applicable): Adeline McGonigle
COMPANY NAME
(If applicable): Sprint -~-----------MAILING ADDRESS: 3730 5th Ave -------------CITY, STATE, ZIP: San Diego, CA 92103
TELEPHONE: 410.652.2535 ---"---'-...;._--------EM A IL ADDRESS:
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE. . . . . . . . , , ,
EMAIL ADDRESS: wtL"'?hi/1,'p!. e pwc.-CA-• Ce'::"1
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT All THE ABOVE INFORMATION IS TRUE AND
CQRR. E-CT TO'fl1E~'OFM~EDGEµ C ~ --3?__.::> z 1 i'
SIGNATURE DAT
FEE REQUIRED/DATE FEE PAID:
RECEIVED BY:
P-16 Page 2 of 2 Revised 02/28118
DETAILED PROJECT DESCRIPTION FOR SPRINT'S SITE
LOCATED AT 1926 SWALLOW LANE
ABOUT THE EXISTING AND PROPOSED DESIGN
Per City of Carlsbad Conditional Use Permit (CUP 06-20/SUP08-0I) dated March 20,2018, Sprint was
approved for the installation of six (6) panel antennas mounted to an existing SDG&E transmission pole.
Supporting radio/electrical equipment to be installed inside of a two-hundred and eighty-seven square foot
(287 sf) shelter. The original site was modified once per Conditional Use Permit (CUP 12-13/SUP 12-02)
dated May I, 2013, reducing the number of antennas from six (6) to three (3). Ground equipment to remain
inside the existing equipment shelter.
Sprint is proposing to modify the current site to accommodate the installation of six (6) panel antennas and
six ( 6) RRHs. In order to maintain a proper signal propagation, Sprint will need to modify the existing
mounting system so there is enough separation between each antenna. The proposed tower modification
wi11 not increase the height of the previously approved designs. Sprint also proposes to install one (I) fiber
distribution cabinet inside the existing equipment shelter. Proposed modifications inside the existing
equipment shelter wi11 not increase the existing lease area footprint.
SITE DEVELOPMENT STANDARDS AND BENEFITS
The location, size, design, and operating characteristics of the proposed facility will not create unusual
noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with
the surrounding land uses. The proposed use is consistent with this finding in that:
I. The proposed equipment associated with the telecommunication structure operates quietly or virtually
noise free.
2. The equipment does not emit fumes, smoke, or odors that could be considered objectionable.
3. The telecommunications facility is unmanned and only requires periodic maintenance, with visits
scheduled between 30 to 90 days apart. The proposed communication facility will not result in conditions
or circumstances contrary to the public health, safety and the general welfare. The proposed use is
consistent with this finding in that:
Unlike other land uses, which can be spatially determined through the General Plan or other land use plans,
the location of wireless telecommunications facilities are based on technical requirements which include
service area, geographical elevations, alignment with neighboring sites and customer demand components.
Placement within the urban geography is dependent on these requirements. Accordingly, wireless
telecommunication facilities have been located adjacent to and within all major land use categories
including residential, commercial, industrial, open space, etc. proving to be compatible in all locations.
The proposed facility at the subject location wi11 be unmanned, have no impact on circulation systems, and
generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility
wi11 allow commuters and residents within the coverage area wireless access to the rapidly expanding
communications infrastructure by providing speedy voice, data and video transmission services not
currently available by wireless networks. The installation of antenna and transmission equipment will not
result in any material changes to the character of the local community. This proposed wireless
telecommunications facility wi11 operate in full compliance with all state and federal regulations including
the Telecommunications Act of 1996.
The proposed project will provide the following community benefits:
• High-speed LTE/5G access for voice, data and video.
• Enhanced communications services throughout the community.
r·
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Section 6409(a) Modification Worksheet
For Wireless Base Stations
Purpose: This worksheet serves to assist the City of Carlsbad to determine whether a proposed
collocation or {TIOdification to an existing base station qualifies as an eligible facilities
request and/or would cause a substantial change as defined by the FCC.
Instructions: Applicants must complete this worksheet and submit it with an application for a Section
6409(a) modification to collocate or modify transmission equipment on an existing base
station submitted for approval pursuant to Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. § 1455(a)).
Any proposed modification submitted for approval pursuant to Section 6409(a) must
answer two general questions: (1) is the proposed modification an eligible facilities request
and if so, (2) will it cause a substantial change? Section 1 addresses the eligible facilities
request question and Sections 2 through 7 address the substantial change questions.
In general, any "NO" answer in Section 1, or any "YES" answer in Sections 2 through
7 will disqualify the proposed modification from Section 6409(al.
The City may deem any application without a completed worksheet incomplete. If a
response to any question requires additional space, applicants may attach additional pages
to this worksheet so long as the responses are clearly labeled with the number that
corresponds with the question. Questions about this worksheet should be submitted to the
Planning Division at planning@carlsbadca.gov.
Applicant Name: Sprint (Mark Phillips)
Phone: 619.379.3473 Email: mlphi11ips@pwc-ca.com ---------------
Project Address: __ 1,_2_6 _s_w_a1_1_o_w_L_an_e ______________________ _
Applicant's Site ID: __ sn_3_4x_c_8_6_1 _______________________ _
ELIGIBLE FACILITIES REQUEST
Section 1. EXISTING FACILITY
1.1.
1.2.
1.3.
Does the non-tower structure currently support wireless transmission
equipment?
Has all the transmission equipment been deployed in accordance
with the applicable siting and zoning regulations in effect when the
deployment occurred?
Does the application include a copy of the most recent permit or
regulatory approval issued in connection with this site?
El YES □ NO
El YES □ NO
1'9YES ONO
If the answer in Line 1.3 is "NO" explain why the relevant permits and/or regulatory approvals are
not attached:
6049(a) Modification Worl<sheet
For Base Stations
page1/5 03/18
1.4. Will the proposed modification maintain (and NOT replace) the existing 19 YES O NO
non-tower support structure?
SUBSTANTIAL CHANGE FACTORS
Section 2. HEIGHT INCREASES
Rule: A modification substantially changes a base station if it increases the height of the original support
structure by more than 10% or 10 feet (whichever is greater). 47 C.F.R. § 1.40001(b)(7)(i).
2. 1. Provide the following measurements:
2.1.1. overall height after the proposed modification:
2.1.2. support structure height when originally constructed:
2.1.3. subtract Line 2.1.1 by Line 2.1.2
2.1.4. multiply Line 2.1.2 by 0.1:
_5_0_' -_2_" _ feet
__ 50_'_-2_"_feet
__ 0 __ feet
__ 0 __ feet
2.2. Is the measurement in Line 2.1.3 greater than 1 O feet AND greater than
the measurement in Line 2.1.4? DYES 19 NO
Section 3. WIDTH INCREASES
Rule: A modification substantially changes a base station if it adds an appurtenance that protrudes from
the support structure by more than six (6) feet. 47 C.F.R. § 1.40001(b)(7)(ii).
3.1.
3.2.
Provide the furthest distance that any proposed appurtenance
would protrude from the support structure:
Is the measurement in Line 3.1 greater than six (6) feet?
Section 4. EQUIPMENT CABINETS
_3_•_-1_0_" __ feet
D YES I:! NO
Rule: A modification substantially changes a base station if it involves (i) more than four (4) new equipment
cabinets; (ii) installation of any new ground-mounted equipment cabinets if none currently exist; or (iii)
installation of any ground-mounted equipment cabinets that are more than 10% taller or voluminous than
any existing ground-mounted cabinets associated with the base station. 47 C.F.R. § 1.40001(b)(7)(iii).
4.1. Provide the following quantities:
4.1.1. total proposed new equipment cabinets:
4.1.2. existing ground-mounted equipment cabinets:
4. 1.3. proposed new ground-mounted equipment cabinets:
6049(a) Modification Worksheet
For Base Stations
page215
0
2 (Inside Existing CMU enclosure)
0
03118
[CONTINUE ON NEXT PAGE]
4.2. Provide the following measurements (unit of measure required):
4.2.1. height of the tallest proposed ground-mounted equipment
cabinet: N/A
4.2.2. height of the tallest existing ground-mounted equipment
cabinet: 4' (Located behind (e) 8' CMU enclosure)
4.2.3. multiply Line 4.2.2 by 1.1: N/A
4.2.4. volume of the most voluminous proposed ground-mounted
equipment cabinet: N/A
4.2.5. volume of the most voluminous existing ground-mounted
equipment cabinet: N/A
4.2.6. multiply Line 4.2.5 by 1.1: N/A
4.6. Is the quantity in Line 4.1.1 greater than four (4)? □ YES El NO
4.7. Is the quantity in Line 4.1.2 zero (0) AND the quantity
in Line 4.1.3 greater than zero (O)? □ YES ~ NO
4.8. Is the measurement in Line 4.2.2 greater than the
measurement in Line 4.2.3? □ YES e!I NO
4.9. Is the measurement in Line 4.2.5 greater than the
measurement in Line 4.2.6? □ YES e!1 NO
Section 5. NEW EXCAVATION OR DEPLOYMENT AT GROUND LEVEL
Rule: A modification substantially changes a base station if it entails any excavation or deployment outside
the current boundaries of the leased or owned property and any access or utility easements related to the
site, and further restricted to the area in proximity to the support structure and to other transmission
equipment already deployed on the ground. 47 C.F.R. §§ 1.40001(b)(6), 1.40001(7)(iv).
5.1. Mark the appropriate box(es) if the project plans contain the following items. Mark any box "N/A" if
the item is not part of the scope of work for the proposed modification:
N/A □ Current boundaries of the area that the carrier/infrastructure provider leases or owns, including
access and utility easements
N/A □ All proposed equipment deployed on the ground
N/A □ All proposed ground disturbance (excavation, trenching, boring, digging, etc.)
5.2. Describe all proposed ground disturbance and proposed equipment deployed on the ground:
None
6049(a) Modification Wor1<sheet
For Base Stations
page3/5 03/18
5.3.
1coNTINUE ON NEXT PAGE]
Will any new ground disturbance or equipment deployed on
the ground be outside the leased or owned areas, including any
associated easements for access or utilities, OR outside the
proximity of the support structure or existing ground-mounted
transmission equipment?
Section 6. CONCEALMENT ELEMENTS
DYES D NO N/A
Rule: A modification substantially changes a base station if it would defeat the concealment elements of
the base station. 47 C.F.R. § 1.40001(b)(7)(v).
6.1. Mark the appropriate box(es) if the application contains the following items:
~ Full-color photo simulations that depict how the site appears now and how it will appear after
the proposed project
El Project plans that depict and call out all existing and proposed concealment elements (painting,
stealth techniques, camouflaging, integration, etc.)
6.2. Describe the existing concealment elements and/or techniques:
N/A Never considered a concealed site.
6.3. Describe the proposed concealment elements and/or techniques and how, if at all, the proposed
modification would alter the existing concealment elements:
6.4.
N/A Never considered a concealed site.
Will the proposed modification defeat the existing concealment
elements of the base station?
Section 7. COMPLIANCE WITH PRIOR PERMIT CONDITIONS
D YES D NO I N/A
Rule: A modification substantially changes a base station if it does not comply with conditions associated
with the siting approval for the original construction or subsequent modification(s) of the base station.
Noncompliance with prior permit cond~ions related to height, width, equipment cabinets and excavation
would not cause a substantial change to the extent the condition is more restrictive than the applicable FCC
thresholds (described in Sections 2 through 5 of this worksheet). 47 C.F.R. § 1.40001(b)(7)(vi).
7.1. Mark the appropriate box(es) if the application contains all the following items:
El Copies of all prior permits and other regulatory approvals issued in connection with this site
El All conditions of approval applicable the corresponding prior permits and other regualtory
approvals
6049(a) Modification Worksheet
For Base Stations
page4/5 03118
. ' ' . -.
7.2. Identify the condition(s) corresponding to a prior permit or regulatory approval that the proposed
modification would violate:
None
7.3. Identify the condition(s) corresponding to a prior permit or regulatory approval that the proposed
modification would violate, but such condition(s) would be preempted by a "NO" answer in Line
2.2, 3.2, 4.6, 4. 7, 4.8, 4.9 or 5.3 of this worksheet:
7.4.
None
Are there any conditions identified in Line 7 .2 that do not appear
in Line 7.3?
PREPARER'S CERTIFICATION
□ YES 19 NO
I have read and I understand this worksheet and all its instructions. All my responses on this worksheet are
true, accurate and based on my personal knowledge about the proposed project to which this worksheet
corresponds. I understand that the City of Carlsbad will rely on my responses to evaluate whether to process
this application in accordance with the FCC's regulations under 47 C.F.R. § 1.40001 et seq., and I
acknowledge that any inaccuracies may result in the application being deemed incomplete or the request
for approval pursuant to Section 6409(a) being denied.
Applicant Name: Sprint (Mark Phillips)
Applicant Signaturec:'::::::·-=-::.:c.· ---,,...··_·· ---~=·=·-=:=···=·:=9====-._ Date: _1_0'-1•""'1_2_01_• __
6049(a) Modification Worksheet
For Base Stations
page5/5 03/18
-
March 20, 2008
Sprint/Nextel
Ste. 100
5761 Copely Dr.
San Diego, CA 92111
/" CYl~ iv+-/ {.) f(_ { .. ) +-
City of Carlsbad
IAGlll ■llll·l•i4·bliilll4 ■11
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: CUP 06-20/ SUP 08-01-SDG&E STEEL POLE WCF
At the Planning Commission meeting of March 19, 2008, your application was considered. The
Commission voted 5-0-2 to APPROVE your request. The decision of the Planning Commission will
become final on March 29, 2008.
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section I 094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code I. 16. Any petition or other paper seeking judicial review must be filed in the appropriate
court not later than the ninetieth day following the date which this decision becomes final; however, if
within ten days after the decision becomes final a request for the record of the proceedings accompanied
by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record,
the time within which such petition may be filed in court is extended to not later than the thirtieth day
following the date on which the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of, the record of the proceedings shall be
filed with the Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue,
Carlsbad, CA 92008.
If you have any questions regarding the final dispositions of your application, please call the Planning
Department at (760) 602-4600.
Sincerely, n~
DONNEU~
Planning Director
DN:GF:lt
cc: Mark Phillips, PO Box 55, Poway, CA 92074
Data Entry
File
Enclosed: Planning Commission Resolutions No. 6392, 6406
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
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PLANNING COMMISSION RESOLUTION NO. 6392
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION, OPERATION, AND MAINTENANCE OF AN
UNMANNED WIRELESS COMMUNICATION FACILITY
CONSISTING OF SIX (6) PANEL ANTENNAS MOUNTED TO
AN EXISTING SDG&E TRANSMISSION POLE AND A 287
SQUARE FOOT ABOVE GROUND EQUIPMENT SHELTER
WITHIN THE WEST BLUFF CONDOMINIUM ASSOCIATION
PROPERTY. THE PROJECT SITE IS GENERALLY LOCATED
ALONG THE EAST SIDE OF EL CAMINO REAL BETWEEN
POINSETTIA LANE AND SW ALLOW LANE WITHIN AN
SDG&E UTILITY EASEMENT AND IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: SDG&E STEEL POLE WCF
CASE NO.: CUP 06-20
WHEREAS, Sprint PCS, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by West Bluff Condominium Association,
"Owner," described as
An undivided 100% interest in and to all that portion of lot 1
of Carlsbad Tract No. 79-28, in the City of Carlsbad, County
of San Diego, State of California, as shown on a map thereof
No. 10067, files in the office of the San Diego County Recorder
on April 20, 1981, shown and defined as "common area" on the
condominium plan recorded March 4, 1982 as instrument/file
No. 82-059867, of official records of said County
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" -"J" dated March 19, 2008, on file in the Planning
Department, SDG&E STEEL POLE WCF -CUP 06-20, as provided by Chapter 21.42 and/or
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES SDG&E STEEL POLE WCF -CUP 06-20, based on the
following findings and subject to the following conditions:
Findings:
I.
2.
That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
requested use is necessary and desirable for the development of the community
because of the benefit and demand for digital communications and data
transmissions for businesses, individuals, public agencies and emergency service
systems. The proposed use is consistent with the General Plan in that the
Residential Low Medium Land Use designation does not preclude the provision of
Wireless Communication Facility (WCF) uses, nor is it detrimental to existing
permitted uses in the vicinity in that the WCF exhibits stealth design and only minor
alterations to the existing site are proposed.
That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that visual impacts will be
minimal as the equipment shelter bas been designed to be architecturally compatible
with the surrounding residential buildings within the West Bluff Condominium
project. The one story equipment shelter is located approximately 70 feet from the
nearest residential building, bas been designed with building materials to match the
existing residential buildings, and is screened by landscaping to soften its
appearance and further reduce its visibility from the residences and general public.
The project bas also been conditioned to submit an acoustical analysis complying
with the City's Noise Guidelines Manual to ensure that the proposed WCF noise
sources comply with City requirements and its compatibility with the existing
residences. The panel antennas are not considered detrimental to the existing uses
in that the six panel antennas are mounted to an existing 125 foot tall steel
transmission pole and will be painted to blend in with the existing transmission pole.
The panel antennas are a low-profile design that will bug the pole, and extend
outward no more than one foot from the face of the pole. The collocation of panels
on the existing transmission pole also minimizes the visual impacts of the project by
PC RESO NO. 6392 -2-
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3.
4.
5.
·-
eliminating the need to install a new pole structure to achieve the needed height to
provide coverage.
That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the above ground equipment shelter complies
with the E-A Zone development standards, exhibits stealth design, and is screened
by landscaping to further reduce its visibility from public view. The location of the
panel antennas on the transmission pole will reduce the visual impact of the wireless
communication facility by eliminating the need to install a new pole structure to
achieve the needed height to provide coverage. The antenna panels will be painted
to match and blend in with the existing transmission pole.
That the street system servini the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the use generates very. little traffic, requiring
only routine monthly maintenance visits and occasional visits in response ·to
operational problems. Swallow Lane will be used to access the site. The existing
street system is adequate to property handle any traffic generated by the use.
That the proposed wireless communication facility is consistent with City Council Policy
Statement No. 64, in that the proposed equipment shelter and antennas exhibit stealth
design. The equipment shelter is designed with building materials to match the
existing residential buildings, and is screened by landscaping to soften its
appearance and further reduce its visibility from the residences and general public.
The six panel antennas are small in scale, mounted closely to the steel-pole reducing
an outward noticeable appearance, and will be painted to match the color of the
existing transmission pole, thereby minimizing any visual impacts. Locating the
WCF on the existing SDG&E transmission pole as opposed to installing new
monopoles is also encouraged and consistent with City Council Policy Statement No.
64 Design Guidelines. The proposed project is located in an area listed as a
discouraged location in Location Guideline A.2.c. of City Council Policy Statement
No. 64. However, the applicant bas demonstrated that no location in a preferred
zone or area as listed in Location Guideline A.I. can accommodate the proposed
facility, therefore, staff is recommending support of the WCF at this proposed
location.
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 ( construction and
installation of small new equipment facilities or structures) -of the state CEQA
Guidelines. Additionally, as Sprint PCS must comply with FCC regulations, radio
frequency emissions from the proposed facility are below levels established as acceptable
by the FCC, and are therefore not considered a health hazard. In making this
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.
PC RESO NO. 6392 -3-
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7.
,,,,,. ......
\. .
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
I.
2.
3.
4.
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 Jlpprovals herein granted; record a notice of violation on the
property title; 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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 corn;lition 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 oflaw.
5. 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 anomey'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
nondiscretionary, 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PC RESO NO. 6392 -4-
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6.
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Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be a:".'ailable until the time of occupancy.
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
amendment request, the Developer/Operator shall submit to the Planning Director either
(I) verification that the project is categorically excluded from having to determine
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
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
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
conditional use permit.
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. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
CUP 06-20 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 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
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pennittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
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 City of
Carlsbad has issued a Conditional Use Permit by Resolution No. 6392 on the property.
Said Notice of Restriction shall note the property description, 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. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or tenninates said notice upon a showing of good cause by the Developer
or successor in interest.
This approval is granted supject to the approval of SUP 08-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 6406 for this other
approval incorporated herein by reference.
Prior to issuance of the building permit, Developer shall submit an acoustical
analysis complying with the City requirements of the Carlsbad Noise Guidelines
Manual to ensure that the proposed WCF noise sources will comply with the 60
dB(A) exterior noise level as measured from the nearest residential property line.
The proposed panel antennas shall be painted to match the color of the existing
transmission pole to the satisfaction of the Planning Director.
This Conditional Use Pennit is granted for a period of five (5) years from March 19,
2008 to March 18, 2013. This pennit 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 uses and
the public's health and welfare, or the conditions imposed herein have not been met. This
pennit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the pennittee made no Jess 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 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.
Engineering:
19.
20.
The WCF or appurtenances shall not be constructed on any easement without the
easement holder's pennission.
The WCF or appurtenances shall not be constructed in any drainage area or over any
drainage structure.
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Developer shall comply with the City's Stormwater Regulations. Developer shall
implement best management practices at all times. Best management practices include
but not limited to pollution treatment practices or devices, general housekeeping
practices, pollution prevention and educational practices, maintenance procedures, and
other management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable.
Code Reminders:
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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
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 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at iss11,ance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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
permit issuance, except as otherwise specifically provided herein.
NOTICE
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
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
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
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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 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 March 19, 2008 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson
Whitton
Commissioners Dominguez and Montgomery
•:
FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 6406
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL USE PERMIT TO ALLOW THE
INSTALLATION, OPERATION, AND MAINTENANCE OF AN
UNMANNED WIRELESS COMMUNICATION FACILITY
CONSISTING OF SIX (6) PANEL ANTENNAS MOUNTED TO
AN EXISTING SDG&E TRANSMISSION POLE AND A 287
SQUARE FOOT ABOVE GROUND EQUIPMENT SHELTER
WITHIN THE WEST BLUFF CONDOMINIUM ASSOCIATION
PROPERTY. THE PROJECT SITE IS GENERALLY LOCATED
ALONG THE EAST SIDE OF EL CAMINO REAL BETWEEN
POINSETTIA LANE AND SW ALLOW LANE WITHIN AN
SDG&E UTILITY EASEMENT AND IN LOCAL FACILITIES
MANAGEMENT ZO]>JE 6.
CASE NAME: SDG&E STEEL POLE WCF
CASE NO: SUP 08-01
WHEREAS, Sprint PCS, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by West Bluff Condominium Association,
"Owner," described as
An undivided 100% interest in and to all that portion of lot 1
of Carlsbad Tract No. 79-28, in the City of Carlsbad, County
of San Diego, State of California, as shown on a map thereof
No. 10067, files in the office of the San Diego County Recorder
on April 20, 1981, shown and defined as "common area" on the
condominium plan recorded March 4, 1982 as instrument/file
No. 82-059867, of official records of said County
('the Property"); and
WHEREAS, said verified application constitutes a request for a Scenic Corridor
Special Use Permit as shown on Exhibits "A" -"J" dated March 19, 2008, on file in the
Planning Department, SDG&E STEEL POLE WCF -SUP 08-01, as provided by Chapter
21 .40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 19, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
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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 Scenic Corridor Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES SDG&E STEEL POLE WCF -SUP 08-01, based on the
following findings and subject to the following conditions:
Findings:
1. The proposed project conforms fo the intent of the Scenic Preservation Overlay in that
the project complies with the development standards of the El Camino Real
Corridor Development Standards and that the proposed WCF equipment building
reflects an "Old California/Hispanic" architectural theme like design, conforms to
the maximum 35 foot height limit, and is setback 235 feet from El Camino Real.
The project does not obscure scenic views or impair traffic safety along El Camino
Real. Based on existing topographic conditions, proposed landscape screening and
distance from El Camino Real, the proposed equipment building will be hardly
visible and have no adverse impact on the Scenic Corridor.
2. The proposed project implements the goals and objectives of the General Plan in that the
proposed use is consistent with the General Plan in that the Residential Low
Medium Land Use designation does not preclude the provision of Wireless
Communication Facility (WCF) uses, nor is it detrimental to existing permitted uses
in the vicinity in that the WCF exhibits stealth design and only minor alterations to
the existing site are pro.posed.
3. 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 th~
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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This approval is granted subject to the approval of CUP 06-20 and is subject to all
conditions contained in Planning Commission Resolutions No. 6392 for this other
approval incorporated herein by reference.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
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 City of
Carlsbad has issued a Special Use Permit by Resolution No. 6406 on the property. Said
Notice of Restriction shall note the property description, 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. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon •a showing of good cause by the Developer or successor in
interest.
·-NOTICE
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
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
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
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.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 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 March 19, 2008 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson
Whitton
Commissioners Dominguez and Montgomery
,:
FRANK H. WHITTON, Chairperson ·
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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