HomeMy WebLinkAboutMCUP 07-09; Sprint PCS Las Palmas; Conditional Use Permit (CUP) (4)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1)APPLICATIONS APPLIED FOR: (CHECK BOXES)
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Administrative Permit
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Program Amendment
Master Plan
Minor Conditional Use Permit
Non-Residential Planned Development
Planned Development Permit
(FOR
DEPARTMENT
USE ONLY)
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Planned Industrial Permit
Planning Commission Determination
Precise Development Plan
Redevelopment Permit
Site Development Plan
Spea'al Use Permit
Specific Plan
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Obtain from Engineering Department
Tentative Tract Map
Variance
Zone Change
List other applications not specified
(FOR
DEPARTMENT
USE ONLY)
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME:
4) BRIEF DESCRIPTION OF PROJECT:
5} OWNjsR NAME (Print or Type)) APPLICANT NAME (Print or Type)
MAILING ADDRESS
~CTTY~Ar>i!TSTA7rE^-2p-TElEPffOTiE"
MAILING ADDRESS
Wi Qwino pim'n
=ClTY AND STATE "ZIP"TELEPHONE
EMAIL ADDRESS/EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION JS TRUE .AND,CORRECT TO THE BEST OF MY
K1'" ' ^ " ~~~**~ **/ ~7/ j ^ —
/-tJV?/
DATE '
1 CERTIFY THAT ! AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE ANC
7) BRIEF LEGAL DESCRIPTION
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NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTEP PRIOR TO 3:30 PJW.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 PJUI.'
Form 14 Rev. 01/07 PAGE 1 OF 5
8) LOCATION OF PROJECT:.
RfeE
ON
BETWEEN
THE WfoWv SIDE
STREET ADDRESS
OF
(NORTH, SOUTH, EAST. 'WEST)(NAME OF STREET)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE,
SQUARE FOOTAGE
17) PROPOSED INCREASE
INADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN ECU
21) PROPOSED GENERAL
PLAN DESIGNATION
24) HABITAT IMPACTS
IF YES, ASSIGN HMP#
25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVfEW BOARD MEMBERS 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,
26) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE
PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL USE
PERMIT) RUN WFH THE LANELAND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED
15
PLANNING DEPT
RECEIVED BY:
Form 14 Rev. 01 ,'07 PAGE 2 OF S
C; {•; of Cai isbad
FVaday Center
Faraday Cashiering 001
U7156'.M •' U6/15/2007 33
Fri Jun15,200/ 04;23 PM
PtRKlTS - PERMITS $b30.00
Iran Nbr: 071660101 OU35 0044
Trans/RcotJ: R0n6rj(.)23
SE1 #: MU'PUTOS
1 ]TFM;3): TOTAL: $630.00
Creek tfhk# 1404) $630,00
Total Received: $630.00
Have a nice day:
CI i'liTOHtR COPY ^' +**•*< t
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: NSA WIRELESS
Description
MCUP0709
Amount
630.00
Receipt Number: R0065023
Transaction Date: 06/15/2007
Transaction ID: R0065023
Pay Type Method Description Amount
Payment Check 1404 630.00
Transaction Amount: 630.00
PROJECT DESCRIPTION/EXPLANATION
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:
of.
i/i
Project Description 10/96 . ;Pags1of1
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note:
Person is. defined as "Any individual, firm, co-partnership, joint venture, association, soda! club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided 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, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE ' (N/A) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Corp/Part _
Title _ — _
Address 1?f£\ Qftm W(p ffilahtt "3^9 Address
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership, include the names, title, addresses of aB individuals owning more than 10% of the
Shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. IF a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person /%/ C/ffd*-/ (S//&Z?T Corp/Part_
Title C?t&/7<$Zi,
Address o/ //# /
Title CV/7&ZI Title
1635 Faraday Avenue • Cartebaef, CA 9200S7314 » {780} 602-4600 » FAX (760) 6034559 « www.ci.cartsfca(J.ca.us
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust
Title
Non Profit/Trust
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?
[jYes No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
/«^fe
Signature ofpwner/date ignature of applicantfdate
Print or type name of ovfner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
rint or type name of owner/applicant's agent
H:ADM!NVCOUNTER\DISCLOSURe STATEMENT 12/06 Page 2 Of 2
NSA Wifeless, Inc.
Site Acquisition •Planning • Political Advocacy • Construction Management
City of Carlsbad May 9,2007
Chris Sexton, Planner
1635 Faraday Ave,
Carlsbad, CA 92008-7314
RE: CUP 01-07 Sprint Nextel Site SD40XC317
Dear Chirs,
Please find the enclosed documents for submittal for the renewal for CUP 01-07. This is for an existing Sprint
Nextel wireless facility located at 2160 Las Palmas Drive, Carlsbad, CA 92009. Enclosed you will find a check
for $630.00, a complete Land Use Review Application with appropriate signatures from the landlord/owner, a
complete Disclosure Statement with appropriate signatures from the landlord/owner, a project description, and
a copy of the original approval from 2001. NSA is in the process of ordering the 300-foot land use notification
package, and NSA will submit a technology report if one is required. Per your email no Hazardous Waster and
Substance Statement is included in this package because the site is existing.
Please let me know if you need any other items from me. I will be your contact for this project.
Thank you for your help.
Rachel M Fenton
NSA Wireless, for Sprint Nextel Corporation
2527 Camino Ramon, #350
San Ramon, CA 94583
925.216.1273 rachel.fenton@nsawireless.com
2527 Camino Ramon Suite 305, San Ramon CA 94583 (925) 244-1890 Fax (925) 355-0672
City of Carlsbad
Planning Department
PLANNING COMMISSION
NOTICE OF DECISION
September 24,2001
Bemie Chase
Compass Telecom Services
5465 Morehouse Dr., Ste. 265
San Diego, CA 92121
SUBJECT: CUP 01-07 - SPRINT PCS LAS PALMAS
Al the Planning Commission meeting of September 19, 2001, your application was considered. The
Commission voted 6-0 to APPROVE your request. The decision of the Planning Commission became
final on September 19,2001.
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code 1.16. 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 mis 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 personalty 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, Michael J. Holzmiller, 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,
MICHAELJ. HOLZ?
Planning Director
MJH:CW:mh
Enclosed:Planning Commission Resolution No. 5047
c: Virgil Anglin
6432 Seabryn Dr.
Rancho Palos Verdes, CA 90275
1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX <760) 602-8559 • www.ci.carisbad.ca.us
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PLANNING COMMISSION RESOLUTION NO. 5047
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT, CUP 01-07 TO ALLOW A
TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT 2160 LAS PALMAS DRIVE IN
. LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: SPRINT PCS LAS PALMAS
CASE NO.: CUP 01-07 : •_
WHEREAS, Sprint PCS, "Developer", has filed a verified application with the
City of Carlsbad regarding property owned by Anglin Family Trust, "Owner", described as:
Lot 10 of Carlsbad Tract No. 79-1, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 9389, filed in the office of the County Recorder of
San Diego County, September 26,1979.
("the Property"); and
WHEREAS, said verified application constitutes a request for a conditional use
permit as shown on Exhibits "A** - "F" dated September 19, 2001, on file in the Planning
Department, SPRINT PCS LAS PALMAS - CUP 01-07, as provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19tb day of September, 2001,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to die Conditional Use Permit
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct
B) That based on,the evidence presented at the public hearing, the Commission
APPROVES SPRINT PCS LAS PALMAS - CUP 01-07, based on the
following findings and subject to the following conditions:
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Findings:
1. 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.
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.
2. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which-the
proposed use is located, in that the proposed use benefits die community because of
the demand for mobile voice and data transmissions, and the site's Planned
Industrial land use designation does not preclude the provision of quasi-public
utility uses.
3. That the she for the intended use is adequate in size and shape to accommodate the use, in
that the proposed telecommunication facility will result in minimal additional
building coverage and the wall mounted antenna require minimal alteration to the
existing site design which is in compliance with die Planned Industrial Zone
development standards.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all proposed facilities will be constructed to match
die existing building facade to reduce dieir visibility to the greatest extent possible.
5. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in dial the proposed use would not generate additional
vehicle trips beyond that necessary for regular maintenance.
6. 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.
General:
1. 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.
PCRESONO.5047 -2-
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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; 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
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are 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.
5. 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 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. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6. The Developer shall submit to the Planning Department a reproducible 24" x 36",
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
8. 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.
9. This Conditional Use Permit shall be reviewed by the Planning Director periodically 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
PCRESONO. 5047 -3-
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Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
10. This Conditional Use Permit approval shall become null and void if building permits are
not issued for this project within 18 months from the date of project approval.
11. This Conditional Use Permit is granted for a period of five (5) years from September 19,
2001 through September 19, 2006. 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 five (5) 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.
12. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions.
Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
radio frequency (EMF) power densities of all antennas installed at the subject site. The
report shall quantify the EMF emissions and compare the results with currently accepted
ANSI/IEEE standards. Said report shall be subject to review and approval by the
Planning Director for consistency with the Project's preliminary proposal report and the
accepted ANSI/IEEE standards. If on review, the City finds that the Project does not
meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit.
13. The Developer 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
Conditional Use Permit by Resolution No. 5047 on the real property owned by the
Developer. 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 hi 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
14. No appurtenances shall be constructed on any easement without the easement holder's
permission.
15. No appurtenances shall be constructed in any drainage area or over any drainage
structure.
16. If any opening is provided between the BTS enclosure and the existing building the
enclosure shall be equipped with an automatic fire sprinkler system.
PCRESONO.5047
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Code Reminders:
17. 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 5 pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
18. 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 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.
PCRESONO.5047 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, .California, held on the 19th day of September, 2001, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
iTSEGALLfChairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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PC RESO NO. 5047
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Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
MICHAEL J. HI
Planning Director
LER
-6-