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Home My WebLink About2000-08-16; Planning Commission; ; CUP 00-24|CDP 00-32 - BATIQUITOS LAGOON TELECOM SITEme City of Carlsbad Planning Departm A REPORT TO THE PLANNING COMMISSIO Item No. P.C. AGENDA OF: August 16, 2000 Application complete date: July 13, 2000 Project Planner: Barbara Kennedy Project Engineer: David Rick SUBJECT: CUP 00-24/CDP 00-32 - BATIOUITOS LAGOON TELECOM SITE - Request for a Conditional Use Permit and Coastal Development Permit to allow an unmanned cellular facility located within an existing building in the Poinsettia Village Shopping Center in the C-2-Q Zone, within the City's Coastal Zone, and Local Facilities Management Zone 9. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4819 and 4820 APPROVING CUP 00-24 and CDP 00-32 for a period of five (5) years, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to allow the expansion of an unmanned cellular communications facility which would consist of the addition of five panel antennas mounted in an existing tower structure located within the Poinsettia Village Shopping Center. The current facility consists of a 312 square foot equipment room and 10 panel antennas mounted within the existing tower. Quasi-public utility facilities are permitted in the General Commercial (C-2) zone by conditional use permit and all required conditional use permit and coastal development permit findings can be made for the proposed cellular communications facility. III. PROJECT DESCRIPTION AND BACKGROUND The existing telecommunications facility, operated by Airtouch Cellular (dba Verizon Wireless), is located in the Poinsettia Village Shopping Center located at 7130 Avenida Encinas. The current installation consists of ten panels, located between the building walls on the north and south sides of the existing tower structure, which are covered by a simulated stucco screen. The equipment room is located within a lease space on the ground level. The current proposal consists of the addition of five new panel antennas on the west elevation of the tower. The new installation will be identical to the existing installation in that the antennas will be installed between the building walls and will be faced with a simulated stucco screen which will be painted to match the tower. When the original installation was approved in 1991, staff had determined that a CUP was not required because of the "stealth" nature of the installation. However, since that time, staff has determined that a CUP will be required in all instances, unless the Zoning Ordinance is amended o -WiTIOUITOS LAGOON TELECOM OTECUP 00-24/CDP 00-32 -mTIQUITOS LAGOON TELECOM August 16,2000 Page 2 to allow administrative approvals of telecommunication facilities. Therefore, since a modification to the existing installation is requested, both the existing and new proposals are analyzed in the staff report and conditioned in the attached resolutions. Verizon is a cellular telecommunications company licensed to operate in California by the Federal Communications Commission (FCC). Verizon is currently in the process of developing a telecommunications network throughout San Diego County to service its local subscribers. Cellular telecommunications technology is emerging as an important emergency service and business tool, as well as being convenient for personal and family use. IV. ANALYSIS The proposed project is subject to the following regulations: A. General Commercial Zone (C-2) (Chapter 21.28 of the Carlsbad Municipal Code); B. Qualified Development Overlay Zone (-Q) (Chapter 21.06 of the Carlsbad Municipal Code); C. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); D. Mello I Segment of the Local Coastal Program, Coastal Development Procedures, and the Coastal Resources Protection Overlay Zone (Chapter 21.201, 21.203, and 21.205; E. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval of this conditional use permit and coastal development permit was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Commercial Zone The proposed development is consistent with all applicable development standards and guidelines required by the C-2 zone for setbacks, coverage, storage areas and architecture since the installation will be located within an existing building and tower structure. • No new construction of buildings or equipment enclosures will be required as a result of the proposal, nor does the proposal increase the lot coverage, floor area, or parking demand for the site. The proposed panel antenna will be mounted within the building walls of the existing tower element, similar to the existing antennas, and will be covered with a simulated stucco screen painted to match the existing structure and therefore integrated into the architecture. The existing equipment room is located within a lease space of the shopping center and is completely screened from view. B. Qualified Development Overlay Zone The project site has been zoned with the Qualified Development Overlay Zone (Q) designation, however Section 21.06.040 exempts the enlargement of less than one thousand square feet of any -WCUP 00-24/CDP 00-32 -WTIQUITOS LAGOON TELECOM August 16, 2000 Page 3 existing commercial building on any commercially zoned lot. Since the project does not involve the addition of useable square footage to the existing project and the existing lot is commercially zoned, a Site Development Plan is not required for this project. C. Conditional Use Permit Regulations Conditional uses such as cellular communications facilities possess unique and special characteristics which make it impractical to include them as permitted uses "by right" in any of the various zoning classifications (i.e., residential, commercial, office, industrial). The authority for the location and operation of these uses is subject to Planning Commission review and the issuance of conditional use permits. The following required conditional use permit findings for the proposed cellular telecommunications facility can be made: 1. The proposed use is: a) necessary and desirable for the development of the community in that the community benefits of wireless communications include improved telecommunications service for emergency services and individuals; b) consistent with the General Plan in that the Commercial land use designation does not preclude the provision of quasi-public utility uses; and c) not detrimental to permitted uses in the Commercial zone in that the use is integrated into the existing commercial building and requires no significant changes to the site design or function; 2. The proposed site is adequate in size and shape to accommodate the use in that the panel antennas are mounted within the existing tower structure and the equipment room is located within a shopping center lease space; 3. All features necessary to adjust the requested use to the existing use are provided in that the wall mounted antennas are located between the building walls and are covered with a simulated stucco screen painted to match the building; and 4. The street system serving the proposed use would not be impacted by the proposed conditional use in that additional vehicle trips are limited to occasional equipment maintenance by service personnel. D. Mello I Segment of the Local Coastal Program The site is located within the Mello I segment of the City's Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. These policies and ordinances emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and the prevention of geologic instability and erosion. The site is currently developed and the proposed facility will be located entirely within an existing structure. No agricultural or environmentally sensitive lands exist on site. Since the project site is located approximately one-half mile from the Pacific Ocean, no shoreline development regulations apply. No scenic resources exist on or near the developed site. Given the above, the project is consistent with the Mello I land use policies and the applicable implementing ordinances. -SmOUITOS LAGOON TELECOM STOCUP 00-24/CDP 00-32 -T^TIQUITOS LAGOON TELECOM August 16, 2000 Page 4 E. Growth Management The site is located within Local Facilities Management Zone 9. The installation of the additional panel antennas on the existing tower element will not result in increased public facilities demands; therefore, the proposal will not exceed performance standards for public facilities. V. ENVIRONMENTAL REVIEW The construction and installation of small new equipment facilities or structures is a Class 3 Categorical Exemption under the California Environmental Quality Act (Guidelines Section 15303). The FCC requires compliance with radio frequency power density standards (ANSI/IEEE C95.1-1992) for the general public, therefore, the project would not have a significant impact on the environment. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4819 (CUP) 2. Planning Commission Resolution No. 4820 (CDP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Reduced Exhibits 7. Exhibits "A" - "E" dated August 16, 2000 BK:cs SITE BATIQUITOS LAGOON TELECOMMUNICATION SITE CUP 00-24/CDP 00-32 BACKGROUND DATA SHEET CASE NO: CUP 00-24/CDP 00-32 CASE NAME: Batiquitos Lagoon Telecom Site APPLICANT: Verizon Wireless, Inc. REQUEST AND LOCATION: Installation of an unmanned telecommunications facility located at 7130 Avenida Encinas within the Poinsettia Village Shopping Center. LEGAL DESCRIPTION: Parcel 4 of Parcel Map No. 15187. in the City of Carlsbad. County of San Diego, State of California, filed in the Office of the County Recorder 'of San Diego County, March 28, 1988, as File/Page No. 88-140044 of Official Records. APN: 214-430-16 Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: T-R/C (Travel-Recreation Commercial/Community Commercial) Density Allowed: N/A Density Proposed: N/A Existing Zone: C-2-0 - General Commercial -Q Overlay Zone Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-2-Q T-R/C Shopping Center North C-2 T-R Hotel South C-2-Q T-R/C Shopping Center East C-2-Q T-R/C 1-5 Freeway West C-2-Q T-R/C Shopping Center PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A . ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued I j Certified Environmental Impact Report, dated_ [X] Other, Categorically Exempt. Class 3, Section 15303 s b a d 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, social 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.) nlfToUCll CaJilLLiim.*' <wl Person KJ/A Corp/Part tffi&-'P ll/infoS Title Title Address Address 6D (fi < 2. OWNER (Not the owner' s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person A//4 Corp/Part \JU\L\IW ^CHf! hlr Title Title / Ji' 7r~ C IAddress Address M ? ••* 3 £••/ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 - FAX (76O) 6O2-8559 JUL-lj-UU THU '2:06 PM AIRTOUCH (NETV FAX NO. 6196257693 P. 2 City of Carlsbad g^ ^VV^^BIBBa^lBHBBHB^i^Bi^^i^^l^^^^^^^BlBPlanning 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, social 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title_ Corp/Part_ Title 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, 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 publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part_ Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-4600 • FAX (760) 6O2-8559 JHH-14-00 WSD 10:36 AM XIXTOUCH (NETWK) FAX NO. 5198257693 ?. . ' 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or ? irus^. list the names and addresses of ABQ£ person serving ai an officer or direewr pf tht non-prqfit organization er as trustee of beneficiary of the. Non Ppofit/Trust Title Title. Address Address 4. Have you had more than S250 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 true 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 Print or type name of owner/applicant* s agent *Donahue Schriber Asset Management Corporation, a Delaware Corporation on behalf of Donahue Schriber Realty Group L.P., a Delaware Limited Partnership ML5';~<-. Q RTATPMPWT Pana 7 of3nHbHoa wd9i:T0 00, f wnr SHEET INDEX BATIQUITOS LAGOON COMMUNICATIONS SITE PRO JjgTJNFORM ATION APPLICANT MKTOUCM CCU1KAI, »JA- WOnN CCUUUM PROJECT ADDRESS 7130 AVEN1DA ENCINAS. 9TE 10:CARlftBAD, CALIFORNIA PROJECT DESCRIPTION EXWTVM KJItDMO ll MALTT «MN» O UrcAL DMCKIPTtOtii MBCBL 4 Of PMCn. HUP WO. 1511?, I" cotnn tucoROiK or »»n Draco eomrrj ,' n USB i OMCEftCIAI. TTPR or cowrnrocrioKi rrn ' ra VICINITY MAP PROJECT 5W: > EH occ D O oN A °b ";yg? E.--W Ki^i^j&^w-sb&w&vv; 44-w "FOR REFERENCE ONLY AS-BUILT SITE PLAN WEST ELEVATION onH Oo C"oN revision date FLOOR PLAN •ALL ITEMS ME EXISTIMQ UNLESS NOTED C A-3 k T x I Ae*"m s t f-t' I REFLECTED CUSTPLAN •ALL ITEMS ARE EXISTING UNLESS NOTED OTHERWISE' .SOUTH ELEVATION/BUILDING SECTION A ^•^^H - O! . s c O N S] >« revision date BUILDING SECTION B •ALL TTEin ARE EXtSTtNO UHLE8S NOTED OTHERWISE' •b>-M .ON EAST ELEVATION A-4 •ALL ITEMS ARE EXISTING UNLESS NOTED OTHERWISE1 TOWER ELEVATION s BUILDING SECTION C