HomeMy WebLinkAbout2001-04-04; Planning Commission; ; CUP 00-32|SUP 00-11|CDP 00-58 - TAMARACK WIRELESSttbe City of Carlsbad Planning Departmf · fl'IIJ-
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: April 4, 2001
Item No.@
Application complete date: December 4, 2000
Project Planner: Barbara Kennedy
Project Engineer: David Rick
SUBJECT: CUP 00-32/SUP 00-11/CDP 00-58 -TAMARACK WIRELESS -Request for
approval of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program, Conditional Use Permit, Special Use Permit, and Coastal
Development Permit to allow the installation of an unmanned telecommunications
facility consisting of a 200 square foot equipment room and twelve (12) panel
antennas mounted on a mono-palm structure. The site is located at 4901 El
Camino Real in the C-2 and R-A-10 zones in Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4928, 4929,
4930 and 4931 APPROVING CUP 00-32, SUP 00-11, and CDP 00~58 for a period of five (5)
years, based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
This application is a request for a Conditional Use Permit, Special Use Permit, and Coastal
Development Permit to allow an unmanned, telecommunications facility consisting of a
freestanding 200 square foot equipment room and 12 panel antennas mounted to a 30 foot tall
mono-palm. Quasi-public utility facilities are permitted in residential and commercial zones by a
conditional use permit and all required findings for the Conditional Use Permit, Special Use
Permit and Coastal Development Permit can be made for the proposed facility.
III. PROJECT DESCRIPTION AND BACKGROUND
Nextel Communications, Inc. has been authorized by the Federal Communications Commission
(FCC) to construct and operate a multi-purpose, enhanced, specialized mobile radio system
(ESMR) in the United States. The system provides a fully digital alternative to the current
"cellular" telephone system, digital dispatch service to large fleet users, traditional paging
services and wireless data transmission.
In order to provide adequate coverage for their users, Nextel proposes to construct a new facility
at the top of the slope behind the Marja Acres (Country Store) commercial center. The applicant
will lease a small portion of two larger parcels (5.2 acres commercial and 14.6 acres residential).
The Marja Acres commercial center is located on the commercial site and the residential parcel
consists of undeveloped residential/agricultural lands on the hillside just south of the commercial
property. The project site is surrounded by agricultural fields to the south, a palm nursery to the
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CUP 00-32/SUP 00-11/C,00-58 -TAMARACK WIRELESS -
April 4, 2001
Pae 2
west and a mobile home park to the east. El Camino Real is located approximately 300 feet
north of the development site. The property also supports sites for two unmanned
telecommunications facilities. A Pac Bell site consists of a mono-pole and a Sprint site
(formerly Cox) consists of 6 pole/antenna structures. The conditional use permits for these sites
were approved on September 18, 1996 and December 4, 1996, respectively, for a period of five
years.
The proposal consists of the installation of a 30 foot tall "mono-palm" with 12 panel antennas
located within the fronds. The antennas, which are 12 inches wide by 4 feet tall, will be arranged
in a triangular-shaped array. Five additional mature palm trees ranging in height from 25 to 40
feet tall will be planted around the mono-palm so that the "stealth" installation blends into the
natural landscape. A 200 square foot equipment building will be constructed on the south side of
the Country Store at the base of the slope, adjacent to the existing Sprint equipment enclosure.
The equipment building will be designed to cqmplement the exterior building materials and color
of the County Store and foundation plants will be planted around the perimeter of the structure.
IV. ANALYSIS
The proposed project is subject to the following regulations:
A. Residential Agriculture (R-A-10) and General Commercial Zone (C-2) (Chapters
21.08 and 21.28 of the Carlsbad Municipal Code);
B. Scenic Preservation Overlay Zone (Chapter 21.40 of the Carlsbad Municipal
Code);
C. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal
Code);
D. Coastal Development Regulations (Chapter 21.201 of the Zoning Ordinance);
E. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendation for approval of this conditional use permit, special 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. Residential Agriculture (R-A-10) and General Commercial Zone (C-2)
Chapter 21.42.010(2)(J) (Conditional uses) allows accessory public and quasi-public buildings
and facilities in all zones, including the C-2 commercial and R-A-10 residential zones with
approval of a Conditional Use Permit. The equipment cabinet will be located on the C-2 zoned
portion of the site. The cabinet and enclosure comply with all applicable restrictions of the C-2
zone. The proposed mono-palm will be located on the R-A-10 zoned portion of the site. Again,
the project complies with all applicable regulations of the R-A-10 zone, in that the pole is not
CUP 00-32/SUP 00-11/C,00-58-TAMARACK WIRELESS -
April 4, 2001
Pae 3
located within any required setback area and the pole complies with the maximum height
limitation of 30 feet to the top of the pole.
B. Scenic Preservation Overlay Zone
The proposed poles will be located approximately 300 feet from El Camino Real, which has been
designated a Scenic Roadway by the City's General Plan. Consequently, the project is subject to
the requirements of the El Camino Real Scenic Corridor Development Standards and requires a
Special Use Permit.
The view of the mono-palm will be fairly distant since it is located slightly over 300 feet away
from the roadway. The surrounding natural view shed is not considered significant due to the
fact that it has been partially degraded by existing development between the project and El
Camino Real, a mobile home park development to the east, utility poles and lines along El
Camino Real, and SDG&E transmission towers to the west. To reduce the visibility of the
facility, it has been designed as a "stealth" mono-palm and will be surrounded by natural palms
of varying heights. The palms will blend in with the palms that are located along the driveway
on the west side of the site. Since there are no tall structures in the vicinity on which to locate a
facility, staff encouraged Nextel to develop a stealth installation for this site, as opposed to using
a mono-pole or pole/antenna structures.
Also, as mentioned previously, there are two existing telecommunication facilities on the site.
The Conditional Use Permits (CUP) for these facilities will expire in 2001. Since technology has
changed over the last five years and "stealth" installations for these types of facilities are more
common, it is likely that if these two sites desire to extend their CUP approvals, they will be
required to modify their installations so that they are stealth in nature. Therefore, the proposed
Nextel mono-palm has been designed so that it can accommodate a second carrier in the future.
The applicant has contacted Sprint PCS to ensure that the design and location of the proposed
mono-palm will be suitable to meet Sprints needs.
Given that the mono-palm is a stealth design and will blend into the landscape through the
addition of other mature palms, and that the mono-p<1lm has been designed to accommodate a
second carrier, thereby potentially eliminating one of the existing non-stealth telecommunication
installations on site, staff has concluded that the proposal conforms to the requirements of the
Scenic Preservation Corridor Overlay.
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. Staff has reviewed the proposed project and found that all
the necessary findings can be made to approve the conditional use permit. The required findings
and supporting facts are contained in Table 1, below.
CUP 00-32/SUP 00-11/C.00-58 -TAMARACK WIRELESS -
April4,2001
Pa e4
Table 1 -CONDITIONAL USE PERMIT FINDINGS AND RESPONSES
FINDING
That the requested use is necessary or desirable
for the development of the community, 1s
essentially in harmony with the various elements
and objectives of the General Plan, including, if
applicable, the certified local coastal program,
and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the
proposed use is to be located.
That the site for the intended use is adequate in
size and shape to accommodate the use.
That all of 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.
That the street system serving the proposed use is
adequate to properly handle all traffic generated
by the proposed use.
D. Coastal Development Regulations
PROJECT CONSISTENCY
The requested use is necessary and desirable for
the development of the community because of the
benefit and demand for mobile voice and data
transmissions for businesses, individuals, public
agencies and emergency service systems. The
proposed use is consistent with the General Plan
in that the residential and commercial land use
designations do not preclude the provision of
quasi-public utility uses, nor is it detrimental to
existing or permitted uses in the R-A-10 or C-2
zones.
The site 1s adequate m size and shape to
accommodate the use and the proposed mono-
palm and equipment building can be located on
the site without the need for variances from
development standards. In addition, there is
adequate room to install landscaping to provide
additional screening.
The design and location of the equipment
building will complement the existing
commercial buildings and will not conflict with
existing circulation patterns. The mono-palm will
be surrounded by palm trees so that it blends in
with the natural landscape. It has been designed
so that it can accommodate a second carrier in the
future to reduce the visual impact of multiple
carriers on the site. An open space easement will
be provided around the mono-palm structure to
protect future uses in the event of an unforeseen
structural failure.
The use generates very little traffic, requiring
only routine maintenance visits twice monthly
and occasional visits in response to operational
problems. The existing driveway will be used to
access the equipment building.
The site is located within the Mello II 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 commercial portion of the site is currently developed and
CUP 00-32/SUP 00-11/C,00-58 -TAMARACK WIRELESS -
April 4, 2001
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the proposed equipment building will be located adjacent to an existing drive aisle and will be
surrounded by landscaping. The mono-palm will be located on a small portion of the
Residential-Agricultural zoned land however, these lands are not designated as coastal
agricultural lands. The proposed facility will not affect the existing agricultural and residential
uses on the site. No environmentally sensitive lands exist on site. Since the project site is
located over two miles from the Pacific Ocean, no shoreline development regulations apply.
Since the project site is located within 300 feet of El Camino Real which is designated as a
Scenic Corridor, the Scenic Preservation Overlay Zone standards apply to the project and are
analyzed in the previous section. Given the above, the project is consistent with the Mello II
land use policies and the applicable implementing ordinances.
E. Growth Management
The site is located within Local Facilities Management Zone 1. The installation of the mono-
palm with 12 panel antennas and construction of the 200 square foot unmanned equipment room
will not result in increased public facilities demands; therefore, the proposal will not exceed
performance standards for public facilities.
V. ENVIRONMENTAL REVIEW
Staff has conducted an environmental impact assessment to determine if the project could have a
potentially significant effect on the environment pursuant to CEQA guidelines and the
Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The General
Plan land use designation and zoning remain the same. The project falls within the scope of the
City's MEIR for the City of Carlsbad General Plan update (BIR 93-01) certified in September,
1994, in which a Statement of Overriding Considerations were adopted for cumulative impacts to
air quality and traffic. MEIR's may not be used to review projects if it was certified more than
five years prior to the filing of an application for a later project except under certain
circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still
adequate to review subsequent projects. Although the MEIR was certified more than five years
ago, the City's preliminary review of its adequacy finds that no substantial changes have
occurred with respect to the circumstances under which the MEIR was certified. The only
potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino
Real, is in the process of being mitigated to below a level of significance. Additionally, there is
no new available information, which was not known and could not have been known at the time
the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All
feasible mitigation measures identified by the MEIR which are appropriate to this project have
been incorporated into the project. No additional ADT would be generated by the project and no
additional mitigation, in the way of roadway improvements, is necessary. There are no impacts
to any sensitive species or habitats as the existing developed site does not contain any sensitive
flora or fauna. In order to protect the safety of future residents and to protect homes from being
damaged by a structural failure of the mono-palm during an unforeseen natural disaster such as
an earthquake or high winds, the project is conditioned with mitigation that provides a 30 foot
radius open space easement around the mono-palm. The Planning Director has determined that
with the added mitigation measure the project will not have a significant effect on the
environment and issued a Mitigated Negative Declaration for the project on February 26, 2001.
The environmental document was noticed in the newspaper and no public comments were
received during the 30-day public review and comment period.
CUP 00-32/SUP 00-11/C,00-58-TAMARACK WIRELESS -
April 4, 2001
Pa e6
ATTACHMENTS:
1. Planning Commission Resolution No. 4928 (Neg. Dec.)
2. Planning Commission Resolution No. 4929 (CUP)
3. Planning Commission Resolution No. 4930 (SUP)
4. Planning Commission Resolution No. 4931 (CDP)
5. Location Map
6. Background Data Sheet
7. Disclosure Statement
8. Reduced Exhibits
9. Exhibits "A" -"E" dated April 4, 2001
BK:cs:mh
TAMARACK WIRELESS
CUP 00-32/SUP 00-11/CDP 00-58
-BACKGROUND DATA SHEET -
CASE NO: CUP 00-32ISUP 00-11/CDP 00-58
CASE NAME: Tamarack Wireless
APPLICANT: Nextel Communications
REQUEST AND LOCATION: Request for approval of a conditional use permit, special use
permit and coastal development permit to allow the installation of a mono-palm with 12 antennas
and a 200 square foot equipment enclosure on property located at 4901 El Camino Real
LEGAL DESCRIPTION: Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San
Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San
Diego County, and that portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of
Carlsbad, County of San Diego, State of California, as shown on Parcel Map filed on page 3451
of Parcel Maps on January 31, 1975, under file No. 75-023997.
APN: 207-101-19, -24, & -25 Acres: NIA Proposed No. of Lots/Units: __ N~IA ____ _
GENERAL PLAN AND ZONING
Land Use Designation: N (Neighborhood Commercial) and RLM (Residential Low Medium)
Density Allowed: NI A Density Proposed: ~N"--'I A:..::_ _________ _
Existing Zone: C-2 and R-A-10 Proposed Zone: NI A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning General Plan Current Land Use
Site C-2; R-A-10 N;RLM Commercial;
Undeveloped
North C-2 N Commercial
South R-A-10 RLM Undeveloped;
Agricultural
East R-1; RMHP RLM SFR; Mobile Home
Park
West R-A-10; R-1-10 RLM Palm Nursery; SFR
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): ---'N~I A-=------------------
ENVIRONMENTAL IMPACT ASSESSMENT
[8J Mitigated Negative Declaration, issued -=F--"e-=-bru=-==ary~2=6""'"'-=2=0-=-0-=--1 _________ _
D Certified Environmental Impact Report, dated ______________ _
D Other, _________________________ _
't:ity • of Carlsbad
I :.i El,., .. ,i·l •l4·El3 i 11 ifi,1 I
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:
Perso·n is defined as "Any individual, firm, co-partnership, joint venture, assoc1at1on, social club, fraternal
organization, corporation, estatf!, 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 (NI A) IN TIIE SP ACE 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 N/A ~art NEP<'..,TEL-U)Yv-\\A.-IJ~ICJ\=n~ ;
Title. ____________ _
Address. ___________ _
2. OWNER (Not the owner's agent)
Title. _______________ _
Address S7 u;> \ L.00e__y ~'<" • ~ l '0-0
~C--1A-D\~D .:-CA °\'2..l \ \
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 IND I CA TE NON-APPLICABLE (NI A) IN TIIE SP ACE 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, J4c-1 .l.-~,.CW..-jot--1, ~?N,AN Corp/Part __________ _
Title OvJ f'..18P--/ 1 (¼J5JE£, Title ____________ _
Address L{-9 0 \ El-Cf\:MlNO ~ Address ___________ _
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600. FAX (760) 602-855S @
3. NON-PROFI1'/JilANIZATION 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 Pro~ f¥-I_ l--'tDFFt--lA--N Non Prof~D ¼f-tR.'-IDN MOF'FMA-N
TitleTG--:0S. TG"£ ( (,.,0) Title ~us~ (.c...o)
Addres/J90\ -8L C.i\-t--UNO ~~ Address L\'jO\ eL ~tNO (~,4-L.
4. · Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes 0 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.
Sg.t; ~ l£~Q.. DF
Signature of owner/date f\:0TttoR.CZ,,fT It~
Print or type name of owner
r applicant's agent 1 applicable/date
Print or type name of own~icant~
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98
Signature of applicant/date
N~;iC.,-n;L C;b\L,\\-.-l\)N\c.ATLDr'1'S
Print or type name of applicant
Page 2 of 2
VICINITY MAP
TAMARACK
4901 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
CA6-439B
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RCVISION DESCRIPTION
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