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HomeMy WebLinkAboutMCUP 06-08x1; VZW Palomar Airport Road; Conditional Use Permit (CUP) (2)1 'I ^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR: (CHECK BOXES) Development Pennits (FOR DEPT USE ONLY) Legislative Pennits I I General Plan Amendment I I Local Coastal Program Amendment (*) I I Master Plan [H Amendment I I Specific Plan Q Amendment 0 Zone Change (*) 1 I Zone Code Amendment (FOR DEPT. USE ONLY) MCCCP 0(o- 03xi I I Administrative Permit r~l Coastal Development Permit (*) CU Minor ' "^^Conditional Use ^rmit (*) ^ ^ n Minor PCfiExtension I I EnvironmentalHmpact Assessment I I Habitat Management Permit d) Minor r~1 Hillside Development Permit (*) I I Planned Development Permit I I Residential Non-Residential I I Planned Industrial Permit I I Planning Commission Determination I I Site Development Plan I I Special Use Permit I I Tentative Tract Map I I Variance [D Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. List other apDlications not specified • • • ) = eligible for 25% discount ASSESSOR PARCEL NO(S).; DESCRIPTION OF PROJECT: > f^. „ (9i , J^XU^^jA (\C\ (KlC 0 P<# Djff - OY . (>XSr> i(ji<M -to acid ^ ^KMIQ^ %(0oAnc. in air' M^m PROJECT NAME: BRIEF EF LEGAL DESCRIPTION: pQf ( 2- 0(h P^^ftf I (^(Xft i G^cl^ LOCATION OF PROJECT: ^diji/A P IA^^USbljci- C I , I STREETpADDRESS Mk SIDE OF ^Ai^oKviaCt ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) . (NAME OF STREET) |^/(V- C0i'de-^<^ AND hmcyo VicU mil (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 5 Revised 07/10 OWNCR NAME ;Prnt: MAILING ADDRESS \/(A f/t/Pnt^O ^^T>-siMEz^p ^^^^^ lA^tm^CA "jm TELEPHONE ^05 •lO^'l'-flO EMAIL ADDRESS LAi^^^C^' (^^-^^JUS .-^fZ. XL APPLICANT NAME ;Dr,nt): ^^y^ ^'^ t/^S ] MAIL ING ADDRESS l5!3<^''' 6 Cd\\S{f;y\ CITY STATE.7IP AZ/yl^ TELEPHONE [ r ^ C\ EMAIL ADDRESS \C'^ ^V.f_ J)^i I ChrRTFY THAT 1 AM ~i)L LCGA_ OWNbK AN;> THAT A^L IHF ABOVE INFORMAIiON ig/'RtJb ANC CORRECT TO TH£ BEST OF MY I CERTIPv T.^A^ i Hh LLQAL RZ^'^ESENTATlVh Of- THE OWiMFR AND THAT .ALy T-tC Ai30Vc IN^ORMAHON IS TRUE AND CORRCCT TO THL EES" Oi/Vfy Kj4^A/)-rDGE. DATE APPLICANTS REPRESENTATIVE (Pnnti. MAILING ADDRESS ^ 1f .• J A' ,y cry SIATE ZIP: TELEPHONE EMAIL ADDRESS t CERTIFV Tjoyi ! A.V THE LEGAL REPRESENTATIVE OF fHF APPLICANT AOT! T^AT M-l THE ABOVF INFORMAtlON IS TRUE AND CORRECT Tj^ TJhh r W KN0\'VLED3E siGNiTru: DATE ! IN THF PROCESS 01- REVIEWING THIS APPLICATION IT 'vlAY BE NFCESSARV FOR MEM3ERS OF C^^• S iAFF PLANNING COMMISSIONERS OR CITY GOUNCiL MEMBERS TO INSPECT AND ENiLK IHE oROf^ERTY THAT IS "HE SUBJECT 0~ THS APPIICAIION I'WE CONSENT 'O ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTS RECORDED ON THE iHF LANTJ A\D BIN: OPER' Y OWNER ACKNOWLEDGES AND CONSENTS "0 A NOTICE OF RESTRICTION BEING HIS PROPERTY IF CONDITIONED FOR IHE APPUCANT NOTICE OF RESTRICTIONS RUN WITH ^CCESSORS IN INTEREST OWNER SfGNAiUKE FOR CITY USE ONLY RECEIVED SEP 2 9 2011 CITY OF CARLSBAD RECEIVED BY: P-1 ^age 2 of 5 Revif.ed O7M0 OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print) MAILING ADDRESS I5>6< CITY, STATE, ZIP: _4^\(lfU (C^ ^2lf TELEPHONE: lo^CK yW Ozo] IA) /^lfi>s^ EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THA; AND THAT THE BEST 01 SIGNATURE DATE THE LEGAL REPRESENTATIVE OF THE OWNER E INFORMATION IS TRUE AND CORRECT TO DATE APPLICANT'S REPRESENTATIVE (Print) MAILING ADDRESS: ^0(/^ PAf^Pl CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY Tl APPLICANT CORRECT T AM THE LEGAL REPRESENTATIVE OF THE THE ABOVE INFORMATION IS TRUE AND F MY KNOWLEDGE. DATE IN THE WROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 07/10 PROJECT Development Services DESCRIPTION Planning Division CITY OF CARLSBAD P-1(B) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ,^ o,^\i '^i^Ahi e^i^fi^ ir^^m P-1{B) Page 1 of 1 Revised 07/10 ^ DISCLOSURE Development Services %m STATEMENT Planning Division 'sj?' CITY OF P ^(A\ 1635 Faraday Avenue r*ARI ^RAD (760)602 4610 V».rnklVLOD/*L/ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person Is defined as 'Any individual, flmn, co-partn^hip, joint venture, assodaflon, social dub, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and c»unty, dty munidpality, district or other political subdivision or any other group or combination acting as a unit." Agente may sign this document; however, the legal name and entity erf the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) . Person Corp/Part. Title Title n , A Address 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, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Pers Title O^\MMIMEAL— Corr^/Part y ^^^L l=lKW^r^S> 'p'W Title AddressiMdl^jhl^il^ Address P-1<A) Page 1 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST if any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfilTrust Non Profit/Trust Titie Title Address Address, Have you had more than S500 worth of business transacted v\/ith any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? Yes ' if yes. please indicate person(s): NOTE: Attach additional sheets if necessary. i certify that all tf^ above information is true and correct to the best of my i<novvledge. Signatuj^e or owner/date Signature of applicant/date Print or type narrse of ov^nei Print or type name of applicant i of owner/appiicanfs agent if applicable/date Print or type name of owner/applicant s agent P-1 (A) Page 2 of 2 Revise*) 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is tme and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signatur/^of owner/dpplicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 ^ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stomwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.aov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results ofthe questionnaire detemiine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for malting the final assessment after submission of the development application. If staff detennines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Forni with construction permits for the project. Please start by completing Section 1 and follow the instmctions. When completed, sign the fomi at the end and submit this with your application to the city. SECTION 1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Housina subdivisions of 10 or more dwellina units. Examples: single family homes, multi-family homes, condominium and apartments 2. Commercial - areater tfian 1-acre. Anv development other than heavy industry or residential. Examples; hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. / 3. Heavy Industrial / industry- areater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). X 4. Automotive repair shoo. A facilitv categorized in anv one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Anv facilitv that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 sguare feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. E-34 Page 1 of 3 REV 1/14/11 ^ CITY OF CARLSBAD STORWI WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carisbadca.gov 6. Hillside development Anv develooment that creates more than 5,000 souare feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or greater. 7. Environmentally Sensitive Area (ESA)'. All develooment located within or directly adjacent^ to or discharging directly^ to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occun-ing condition. X 8. Parkina lot Area of 5.000 souare feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff X 9. Streets, roads, hiahwtays. and freeways. Any oaved surface that is 5,000 sguare feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles r X 10. Retail Gasoline Outiets. Servino more than 100 vehicles oer dav and greater than 5,000 sguare feet 11. Coastal Development Zone. Any oroiect located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of Impervious surface or (2) increases impervious surface on property by more than 10%. >c 12. More than 1-acre of disturbance. Proiect results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project^. X Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water Ijodles designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copemiittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels, in general, these Include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Pnjjects if they are built with pervious surfaces or if they sheet flow to sumsunding pervious surfaces. INSTRUCTIONS:: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of 3 REV 1/14/11 CITY CARLSBAD O F STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov SECTION 2 SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1 -acre or more of land and is considered a Pollutant-generating Development Project *? X INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X INSTRUCTIONS; If you answered YES, please proceed to question 3. ' If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS; If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing Impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. X INSTRUCTIONS; If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. *for definition see Footnote 4 on page 2 SECTION 3 QUESTIONNAIRE RESULTS My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box This Box for City Use Only Address; /kpplicarit Name Assessor's Parcel Number(s); Applicant Title; \ r \ J- Date; ^ i , City Concun-ence: YES NO Project ID: ' ' , E-34 Page 3 of 3 REV 1/14/11 City of Carlsbatj Faraday Center Faraday Cashiering 001 112720M 09/29/2011 136 Thu, Sep 29, 2011 11:50 AM Receipt Ref Nbr: Rl127201-1/0030 PERMITS - PERMITS Iran Ref Nbr: 112720101 0030 0033 Trans/Rcpt#; R0086565 SET #: MCUP0608X1 Amount: 1 li $320.72 Item Subtotal: $320.72 Item Total: $320,72 1 ITEM(S) TOTAL: $320.72 Check (Chk# 032447) $315,00 Credit Card (Auth# 055114) $5.72 Total Received: $320.72 Have a nice day! **************[;USTOMER COPY************* city of Carlsbad 16 3 5 Faraday Avenue Carlsbad CA 92008 lllllllllllllll Applicant: VERIZON WIRELESS Description MCUP0608X1 58 58 EDISON PL CBAD Amount 320.72 Receipt Number: ROO86565 Transaction Date: 09/29/2011 Transaction ID: R0086565 Pay Type Method Description Amount Payment Check 320.72 Transaction Amount: 320.72 FILE COPY 4,i^ CITY OF /O-^l-// V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow the continued operation and maintenance of a Wireless Communication Facility that consists of fifteen antennas mounted behind RF screening, one digital dish antenna mounted to the roof of the existing building and associated equipment (one cabinet) located next to the existing building on property generally located at 5858 Edison Place, Carlsbad, California, and more particularly described as: Parcel 2 of Parcel Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on May 30,1989. If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Chris Sexton in the Planning Division at (760) 602-4624. CASE NO.: MCUP 06-08x1 CASE NAME: VZW Palomar Airport Road DATE: October 27, 2011 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 1. APN: 212-092-17-00 BETTY A ROBINSON 1947 CAMINO VIDA ROBLE #104 CARLSBAD CA 92008-6540 2. APN: 212-092-22-00 OAK RIDGE VISTA LLC 2210 OAK RIDGE WAY VISTA CA 92081-8341 3. APN: 212-092-24-00 EDWARD & MONICA MCTAGGART 5838 EDISON PL #201 CARLSBAD CA 92008-5520 4. APN: 212-092-25-00 A TRUSST & B BASSI 05-11-89 5841 EDISON PL CARLSBAD CA 92008-5510 5. APN: 212-092-31-00 COX CALIFORNL\ PCS LF 5159 FEDERAL BLVD SAN DIEGO CA 92105 6. APN: 212-092-32-00 PALOMAR HEIGHTS IL P 10188 TELESISCT #222 SAN DIEGO CA 92121-4779 7. APN: 212-092-36-00 GG PACIFIC ENTERPRISES LLC 4636 VL\HUERTO SANTA BARBARA CA 93110-2326 8. APN: 212-092-37-00 PACIFIC BELL WIRELESS LF 6350 SEQUENCE DR SAN DIEGO CA 92121-4356 9. APN: 212-092-38-00 CARLSBAD A & C I L P 10188 TELESISCT #222 SAN DIEGO CA 92121-4779 10. APN: 212-092-39-00 LRH HOLDINGS INC 5864 OWENS AVE #200 CARLSBAD CA 92008-5516 11. APN: 212-092-43-00 PALOMAR HEIGHTS PLAZA ASSN 11260 EL CAMINO REAL #200 SAN DIEGO CA 92130-2676 12. APN: 212-093-12-00 CARLSBAD CC L P 10188 TELESIS CTi SAN DlEGaGA^12l-4779 13. APN: 212-093-13-00 CALIFORNIA TRANSPLANT SERVICES 5845 OWENS AVE CARLSBAD CA 92008-6562 14. APN: 213-092-25-00 PALOMAR OAKS BUSINESS CENTER ASN 888 PROSPECT ST #110 LA JOLLA CA 92037-4260 FMHC CORPORATION ATTN: JENNIFER NOWAK 3778 SHASTA ST. APT #B SAN DIEGO, CA 92109 FMHC CORPORATION ATTN: JENNIFER NOWAK 4060 CAMPUS DR#200 NEWPORT BEACH CA 92660 L.A. MAPPING SERVICE ATTN: ROBERT CASTRO 71 DEER CREEK RD. POMONA, CA 91766 A notice has been mailed to ull property ov»/ners/occiipt;rits listed herein. Date: /O-Ol-lj Sfgnature: JJl. i%c~r.o. FILE COPY Planning Division www.carlsbadca.gov December 9, 2011 Jennifer Nowak FMHC 4060 Campus Drive #200 Newport Beacin CA 92660 SUBJECT: 2nd REVIEW FOR MCUP 06-08X1 - VZW PALOMAR AIRPORT ROAD Thank you for applying for Land Use Permits in tlie City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit Extension, application no. MCUP 06-08x1, as to its completeness for processing. The items requested from you earlier to make your Minor Conditional Use Permit Extension, application no. MCUP 06-08x1 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. The Citv will complete the review of vour resubmlttal within 25 days. Sincerely, CHRIS DeCERBO Principal Planner CD:CS:bd c: CG Pacific Enterprises, LLC, 4636 Via Huerto, Santa Barbara CA 93110 Don Neu, City Planner Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager David Rick, Associate Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® A>c.,o. FILE COPY ViCARLSBAD Planning Division www.carlsbadca.gov October 27, 2011 Jennifer Nowak FMHC 4060 Campus Drive #200 Newport Beach CA 92660 SUBJECT: 1st REVIEW FOR MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit Extension, application no. MCUP 06-08x1, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) one (1) set of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, September 29, 2011, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. Sincerely, ^4/ CHRIS DeCERBO Principal Planner CD:CS:bd CG Pacific Enterprises, LLC, 4636 Via Huerto, Santa Barbara CA 93110 Verizon Wireless, Karen Pereda, 15505 Sand Canyon Avenue, Irvine CA 92618 Don Neu, Planning Director Glen Van Peski, Senior Civil Engineer David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD October 27, 2011 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: Please provide written authorization allowing Larame Greene the authority to sign the Minor Conditional Use Permit extension application and act on behalf of GC Pacific Enterprises, LLC. Engineering: None ISSUES OF CONCERN Planning: 1. Please incorporate the recommendations of the RF engineer regarding signage. Please indicate the locations and details for each sign. 2. Please incorporate the recommendation of the RF engineer regarding restricted access to the site by putting a lock on the site access hatch. 3. Please add the City's assigned permit application number MCUP 06-08x1 on Sheet T-1 within the upper right hand corner. Engineering: None Fire: 1. Comments to be sent under separate cover. •)) '0 FMHC Corporation v/ww.}mhc.com I III IV.^ 4060 Campus Drive Phone 949 852 9400 taking telecom to new heigms Suite 200 fax 949 852 8115 Newport Beach, CA 92660 City of Carlsbad Attn: Chris Sexton 1635 Faraday Avenue Ol^ClC^^ Carlsbad, CA 92008 X^^^ DSC 0 \ ^^^^ RE: Verizon Wireless Site Name: Palomar Airport Road r*/kHt>^^'^ Carlsbad MCUP Application # 06-08x1 QKXS >n|VlSlOW Site Address: 5858 Edison Place, Carlsbad, CA 92008 p|_^HlH^5 Dear Chris, This letter is to address the completeness for the application number mentioned above, in response to the items on the lists: Plarming: 1.) authorization for Larame Green was provided directly to you via email and cleared on 11/17/11 Planning: 1. ) Reconmiendations of the RF engineer regarding signage is in the RF study, and was also added to the revised plans (submitting today) 2. ) Restricted access to the site was added to the plans and a pad lock has been added to the hatch by Verizon 3. ) Permit application nimiber #MCUP 06-08x1 has been added to sheet Tl of the plans All ofthe items of on the list have been addressed and revised in the plans submitted today. Thank you, Jennifer Nowak jnowak@fmhc.com 619.846.5201 /AN O. FiLECOFY CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov December 27, 2011 FMHC Attn: Jennifer Nowak 4060 Campus Drive, Suite 200 Newport Beach, CA 92660 SUBJECT: MCUP 06-08X1 - VZW PALOMAR AIRPORT ROAD - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15301 - Existing Facility. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Sexton, at (760) 602-4624 or chris.sexton@carlsbadca.gov. Sincerely, DON NEU, AlCP Planning Director DN:CS:sm c: CG Pacific Enterprises, LLC, 4636 Via Huerto, Santa Barbara, CA 93110 Verizon Wireless, Attn: Karen Pereda, 15505 Sand Canyon Avenue, Irvine, CA 92618 Christer Westman, Senior Planner Mike Peterson, Development Services Manager David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . A FILE COPY €^ CITV Of VXARLSBAD Planning Division www.carlsbadca.gov December 29, 2011 FMHC Attn: Jennifer Nowak 4060 Campus Drive, Suite 200 Newport Beach, CA 92660 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD - Request for approval of a Minor Conditional Use Permit Extension MCUP 06-08x1 to allow the extension, continued operation and minor redesign of a wireless communication facility located at 5858 Edison Place, in the P-M Zone and Local Facilities Management Zone 5. Dear Ms. Nowak, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 06-08x1 for the extension and continued operation of a redesigned wireless communication facility located at 5858 Edison Place. The existing WCF consists of 15 panel antennas, one (1) rooftop parabolic antenna and an equipment cabinet located in an existing equipment shelter in the rear of the building. The panel antennas on the south, east, and west elevations will be further screened with new RF transparent screen boxes. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten day notice period (ending on November 10, 2011). A request for an Administrative Hearing was not filed. After careful consideration of the facts set forth in the application and a review of the application's consistency with City Council Policy No. 64, the Planning Director has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. 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, (a) the 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 in this part of the City; (b) the use is consistent with the General Plan in that the Planned Industrial (PI) Land Use designation does not preclude the provision of Wireless Communication Facility (WCF) uses. The existing WCF includes antennas mounted on the south, west and east facing walls of an industrial building. To minimize their visibility, the MCUP proposes to further stealth the new antennas behind screens that are painted and textured to match the building. The WCF is consistent with City Council Policy No. 64, Wireless Communication Facilities in that it is in a preferred Planned Industrial zone ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD December 29, 2011 Page 2 location and has a stealth design. The project's location and stealth design also enable the project to comply with General Plan objectives that seek to maintain and enhance Carlsbad's appearance. 2. 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 the WCF is located within a preferred non-residential location (Industrial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and all aspects of the WCF exhibit stealth design and are completely hidden behirid screen walls which are constructed of radio frequency (RF) transparent screen material that is textured and painted to match the existing building and an equipment cabinet located in an existing equipment shelter in the rear of the building. The WCF use is not precluded by the project's Planned Industrial (P-M) zoning. Furthermore, the placement of the antennas behind an RF transparent screen blends in with the building architecture and does not visually impact the existing site or building design and does not interfere with nor is visible to other surrounding uses, and will not result in any additional building coverage. The project has been conditioned to comply with FCC RF Exposure Guidelines. 3. 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 in order to integrate the use with other uses in the neighborhood in that the WCF is existing and the proposed redesign will reduce its visibility. The original approval of the conditional use (CUP 00-31) was granted on November 1, 2000. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the unmanned WCF use requires, on average, only monthly maintenance visits and occasional visits in response to operational problems. 5. That the existing WCF is consistent with City Council Policy No. 64 in that it is located in a preferred location (Industrial zone) as listed in Location Guideline A.1.b. of City Council Policy Statement No. 64 and exhibits stealth design, as the antennas are completely hidden behind RF transparent screen material that is textured and painted to match the existing building. The equipment cabinet is located in an existing equipment shelter in the rear ofthe building. 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 15301 - Existing Facilities, of the state CEQA Guidelines. Additionally, as the WCF must comply with FCC regulations, radio frequency emissions from the existing 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. MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD December 29, 2011 Page 3 7. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval, 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: Planning: 1. Approval is granted for MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD as shown on Exhibits "A" - "E" dated December 27, 2011 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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 Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 06-08x1 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 MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD December 29, 2011 Page 4 substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the Planning Director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Minor Conditional Use Permit is granted for a period of ten (10) years from December 28, 2011 through December 27, 2021. 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 uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on 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. 9. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10. The owner/applicant shall submit to the City a Notice 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 City of Carlsbad has issued a Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 11. 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 MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD December 29, 2011 Page 5 (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); 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. 12. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 13. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Engineering: 14. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, 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. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 15. 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 the 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 MCUP 06-08x1 - VZW PALOMAR AIRPORT ROAD December 29, 2011 Page 6 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $620.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602-4624. Sincerely, Six CHRIS DeCERB Principal Planner CD:CS:sm c: CG Pacific Enterprises, LLC, 4636 Via Huerto, Santa Barbara, CA 93110 Don Neu, City Planner Chris DeCerbo, Principal Planner Christer Westman, Senior Planner Glen Van Peski, Civil Senior Engineer Mike Peterson, Development Services Manager David Rick, Associate Engineer File Copy DMS/Data Entry