Loading...
HomeMy WebLinkAbout2001-11-07; Planning Commission; ; CUP 01-05| CDP 01-07 - NEXTEL COMMUNICATIONS - AVIARA'e City of Carlsbad Planning Departm' A REPORT TO THE PLANNING COMMISSION Item No. ® P.C. AGENDA OF: November 7,2001 Application complete date: June 4,2001 Project Planner: Anne Hysong Project Engineer: David Rick SUBJECT: CUP 01-05/CDP 01-17 -NEXTEL COMMUNICATONS - A VIARA - Request for a Conditional Use Permit and Coastal Development Permit to allow the installation of an unmanned telecommunications facility consisting of three wall mounted antenna arrays (4 panel antennas each) three GPS and BMR antennas and roof mounted equipment room at the Aviara Four Seasons Resort located at 7100 Four Seasons Point in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5058 and 5059 APPROVING CUP 01-05 and CDP 01-17, based on the findings and subject to the conditions contained therein. II. BACKGROUND This item was scheduled for October 17,2001, but was continued. ATTACHMENTS: 1. Planning Commission Resolution No. 5058 (CUP) 2. Planning Commission Resolution No. 5059 (CDP) 3. Staff Report dated October 17,2001 with attachments o Th'City of Carlsbad Planning Depar!ent A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: October 17,2001 ItemNo.@ Application complete date: June 4, 2001 Project Planner: Anne Hysong Project Engineer: David Rick SUBJECT: CUP 01-05/CDP 01-17 -NEXTEL CO~IUNICATONS -AVIARA - Request for a Conditional Use Permit and Coastal Development Permit to allow the installation of an unmanned telecommunications facility consisting of three wall mounted antenna arrays (4 panel antennas each) three GPS and BMR antennas and roof mounted equipment room at the A viara Four Seasons Resort located at 7100 Four Seasons Point in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5058 and 5059 APPROVING CUP 01-05 and CDP 01-17, based on the findings and subject to the conditions contained therein. II. INTRODUCTION This application is a request for a conditional use permit and a coastal development permit to allow an unmanned telecommunications facility consisting of 12 panel antennas, 3 small GPS and BMR antennas, and an equipment room within a new cupola structure on the Aviara Four Seasons Resort parking structure located in the Aviara Master Plan community. Quasi-public utility facilities are permitted by conditional use permit and all required findings can be made for the proposed telecommunications facility. ID. PROJECT DESCRIPTION AND BACKGROUND Ne:\.1:el Communications is requesting Planning Commission approval of a conditional use permit and coastal development permit to construct, operate and maintain an unmanned telecommunications facility at the Aviara Four Seasons Resort site. The purpose of the telecommunications facility at this location is to provide a multi-purpose enhanced specialized mobile radio system (ESMR). The multi-purpose facility will provide digital telephone service, dispatch service to large fleet users, traditional paging, and wireless data transmission. All of these functions will be available in one hand-held unit. The site is designated by the General Plan for Travel Recreation Commercial land use and subject to the Aviara Master Plan and Mello II Local Coastal Program (LCP). The Aviara Four Seasons Resort is surrounded by existing residential land use and open space. Two other similar telecommunications facilities have been approved at the Aviara Four Seasons site. The proposed telecommunications facility consists of 12 panel type antennas, three small GPS and BMR antennas, and a 200 square foot equipment room. A 12 foot by 20 foot cupola supported by a slightly larger base is proposed at the southeast comer of the existing parking garage to house the antenna and equipment room. The cupola and base rise 14 feet above the o CUP 01-0S/CDP 01-17 -:lXTEL COMMUNICATIONS -AvA October 17,2001 Page 2 roof of the multi-level parking structure for a total height of 40.33 feet. The 1 foot wide and 4 feet long antenna and 200 square foot equipment room are entirely concealed within the proposed structure. The design, materials and color of the proposed structure will match the existing cupola architectural design. The proposed project is subject to the following regulations: A. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad 11unicipal Code); B. A viara Master Plan; C. Mello II Local Coastal Program. D. Growth Management IV. ANALYSIS 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. Conditional Use Permit Regulations Conditional uses such as digital 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 satisfaction of these findings are provided below. CONDITIONAL USE PERMIT FINDINGS AND RESPONSES FINDING That the requested use is necessary or desirable for the development of the community, IS essentially in hannony 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. PROJECT CONSISTENCY The requested use IS necessary and desirable for the development of the community because of the benefit and . demand for digital communications. The proposed use is consistent with the General Plan in that the Travel Recreation land use designation does not preclude the provision of quasi-public utility uses, nor IS it detrimental to permitted uses in the A viara Master Plan. The project requires no significant changes to the existing site design or function. CUP 01-051CDP 01-17 -STEL COMMUNICATIONS - A ~ October 17, 2001 Page 3 CONDITIONAL USE PERMIT FINDINGS AND RESPONSES That the site for the intended use is adequate in The site is adequate in size and shape to size and shape to accommodate the use. accommodate the use. The proposed telecommunication facility will result in very minor additional building coverage and alteration to the existing site design which is in compliance with the A viara Master Plan. That all of the yards, setbacks, walls, fences, All proposed facilities would be landscaping, and other features necessary to architecturally integrated and painted to adjust the requested use to existing or permitted match the existing building facade to reduce future uses in the neighborhood will be provided its visibility to the greatest extent possible. and maintained. That the street system serving the proposed use is The use generates very little traffic, adequate to properly handle all traffic generated requiring only routine monthly maintenance by the proposed use. visits and occasional visits in response to operational problems. B. A viara Master Plan The proposed telecommunications facility is accessory to the Aviara Four Seasons Resort hotel located in Planning Area 2a of the Aviara Master Plan. Uses permitted by the Master Plan include accessory uses commonly associated with a full service hotel for the convenience of hotel guests. The proposed telecommunications antennas are an accessory use since they enable wireless telephone coverage for Nextel Communications customers at the resort and golf course as well as surrounding residential development. The small addition to the comer of the existing parking structure is consistent with the Planning Area 2a development standards. C. Mello n Local Coastal Program Applicable policies of the Mello II LCP include those protecting recreation, visual, and environmental resources of the area. The proposed facility ,vill be placed on an existing building and will not significantly impact coastal resources. Visual resources in the area are protected in that all wall mounted antennas will be painted to match the existing building thereby reducing their visibility from the surrounding area. D. Growth Management The proposed site is located within the lFMP Zone 19. The installation of the wall mounted antennas and roof mounted equipment room on the existing parking structure will not result in increased public facilities demands and therefore, the project 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 CUP 01-051CDP 01-17 -'XTEL COMMUNICATIONS -A~ October 17, 2001 Page 4 (ANSIJIEEE C95.1-1992) for the general public; therefore, the project would not have a significant impact on the environment. A Notice of Exemption wiII be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 5058 (CUP) 2. Planning Commission Resolution No. 5059 (CDP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Reduced Exhibits 7. Exhibits "A" -"D" dated October 1 7, 200 I ARcs NEXTEL COMMUNICATIONS- AVIARA cUP 01-05/CDP 01-17 -e BACKGROUND DATA SHEET CASE NO: CUP 01-051CDP 01-17 CASE NAME: NEXTEL COMMUNICATIONS -AVIARA APPLICANT: NEXTEL COMMUNICATIONS REQUEST AND LOCATION: Telecommunications facility at the Aviara Four Seasons Resort. LEGAL DESCRIPTION: Lot 1 of City of Carlsbad Tract No 95-02, Unit 1, Planning Area 24 and a portion of 2B, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13335, filed in the Office of the County Recorder of San Diego County, June 13, 1996. APN: 215-750-01 Acres: ____ Proposed No. ofLotslUnits: =-No:....:/A'--=----______ _ GENERAL PLAN AND ZONING Land Use Designation: T-R Density Allowed: N~/A,-",--_____ _ Density Proposed: NI A Existing Zone: :....P......:-C"'--______ _ Proposed Zone: :..N:.,:..;IA:....::.--__________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site p-c T-R Aviara Four Seasons Resort North " " " South " " " East •• " .. West " .. " PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): =--N=IA'--=----_______________ _ ENVIRONMENTAL IMPACT ASSESSMENT D Negative Declaration, issued'---___________________ _ D Certified Environmental Impact Report, dated ______________ _ ~ Other, Notice of Exemption .. .a.~ ~ ~ •. -.... <::_ ........ ' "--.' Cit y 0 f 'i1¥.;eJ:.t~la~ --': -.i+o~"'" 'V~ ~ • DISCLOSURE STATEl\fENT .. -. ~ ~?$. Applicant's statement or disclosure of certain ovmership interests on all applications '\v4ich will require discretionary action on the part of the City Councilor any appointed Board, Corririnssion or Committee. The following information l\-IUST 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, (:'o-partnersrup, joint venture. association. social c1ub. 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-O\vned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached ifnecessary.) Person'\\t<'" U o\>~ F\~\,)"E-Corp/Part N~-xr1:L-~ (i.v.JE:r .... N1A, lNG.. Title C-~O Title l\~..f\'!-J P\@..t. c.c.,'~()~IOI--.J 'C)t.:::>o 1 t:DN,V"':"::-' Ul\~'t:"{ ~,~ Address K~-ro-.:, I'\: Po -OtQ \9 , Address __ ~-..Llf">ttn'-'l-!--"-C1S... ________ _ J\Y'" ('J\co~"E---t I ~ 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part fA" 1 e..<A ~~-rS f.\ssac.. J LP Title ___________ _ Address __________ _ Title _____________ ~ Address II DO £0\.).2.... Sr:tr=o''''S ';)0\('-.1\ c..,~~~s.Bt-\I:>, GA q-aoo~ 1635 Faraday Avenue • Carlsbad, CA 92008-7314. (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us * 3. NON-PROFIT ORGAATJZATION 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 serYing as an <?fficer 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 $250 worth of business transacted \\'ith any member of City staff, Boards. Commissions, Committees andlor Council \\rithin the past twelve (12) monL~? D Yes ~No If yes. please indicate person(s): _______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my know ledge. //(£/ /J /) ? ~~_~ Il /¥-~ffv Signature of owner/date ignature of applicant/date Print or type name of owner Print or type name of applicant I/'/' I ,,/'" /1/ ~x:I"lJ--D~ CAt-,<r~ \ ~ f d be. ..... -rT-~~-"-"~'-'-~-'-oo~=L::.....;t"c_Jh-· _-.d!_$_L----'--"J'k_~_____'E=_ .. ~_. _~'(' .... "\\)I~.Cn-r\ ()~S Signature of owner/applicant's agent if applicable/date Print or type name of O\vner/applicant's agent 03/27/01 TI1E 15:16 FAX 7606036BO~ FOU~ SEASONS ACCOU~!ING NOV. 3.2000 1 :20PM October 4. 2000 ~. FOUR SEASONS RESORT A~./I{;d .9bn~ RE: Real Property located at! 7100 Four Seasons Point Carlsbad, CA 92009 To whom it may concem: NO ~/fi6 t' :; , .J I amiwe are the owner(s) of the referenced property. This letter shall serve as notice that Nextel of California., Inc'7 a De1a\Val'e eOIpcration, dba Ncxtcl Communications> is authorized to submit and process all n.eccssaxy permit applications for a telecommuniQatioDS facility on the referenced property. Sincerely, cc: Nextel Communications lse 71UO ,,'OIIM ~1t":,ON~ POJN·r. \:/lIU.5UI\II. Ch.L1FIJIti'i1A. 92uO\l. U.S.A.. '1'1".' (160) ,01.6Ino t'/\,.: {7fll,l) 1\1I~·(lIUl "'(nlLI.t -lUi:. 1U:U, ww ..... louJ'lfc .... tnl' •• • .... SO IIUTt;1.S. %2 r.OV";TIUES. ON" "I111.lJ!oilll'\lY. -------------------------------- AA_I.== -- @@fNJfNJ(JfJf]fJO©!JJ TlO@f]fJ~F1 Of]fJ((:~LJ f .~ F------, AVIARA 7'100 FOUR SEASONS POINT CARLSBAD, CALIFORNIA 92009 ,......,..." , 5 I , .. , , ''I... ""., t! '''.,,' """, j i ~ , • ("" " ~ I ':":'fI'" -= \ ~ ".,~ , ,lI( • SI!E,~ 1 : ""'''''~ \/ " , ,t " • f "." ,I t' \. ! \ \ , , \ ." , 1 " , i I ... "",. ('''' ' .. , ",4 ... • " "~t' .. ' • ~ 1r •• "'.A....,. ' .. '" .IAI ....... ~" .. ~ ..... t. .. VICINITY MAP CA6-401A ~~~Il!'~ I1ItCUiuJ ~1t:"1VIf1 ... ACNPt CIJUIt, "",n • WH liMO, Col .lIt :~: ~::f =-:~ (,(Itt1AC1'.t)DIr~(~~IIIIJ 'lJl!III"~!IIf~l (!¥""'-'Ii'l '"'I.IGtlM.Al. ""1\."'1'1" «1 ...... tlCKl.l .". NIIW ~ PIIIV', IUI'I 1&10 IAH 1;11." CA lili'iii ;n'f:I:::=: ~N:'t . ..,....loW..IIoI f~ I*tHutj flKI~._4~t~.t((~ PI"'" IlJa1Ill'i "D toe 11»21 ~Vltl",t..l.~ ~t'J:=J=:= COttAt'f ' 1U,t' DlUIN ff./..lCT1lJUI. tIbIlHt'IJ (.r~\ llfl",tn~~ e.4lttTNNN ........... .."trlttl .,. "~V .. tCN "Y'IMII, 11./1,. J tNlDMO t.A4J""""" "",.. i~' ~=f~::: tell"'C" "10"_" C.tl:'111'tMM (I'fItt).Jft".t NGi"ftlI ... ~[!~l_Ifi~!f.tl ...... _11 ~ ... MUNIrHC't"'DIIOfIIUII1I WHDlIIO U""JI :1; 1:::::':- C41Jr(t'N:1',IIU,"'" CONSULTANT TEAM ~,,~~ . .., .... ..... ~~I(~ ... ~ "" .... . t;lIfAf~·.~ 1100 ,~ UUCINI ""'~ rAllJ.Ml,ltJ, e.t...,.. 1~"I!,'i1JlfJ IoVIAItA "I!IOIIiT ANCtCI4TH Lflo ' .. 'eM!;"""""" P'OIMf tl"I.......o, t".,A...,. ~!'Il.J.!tt 1IfIr1'a. ,lII'ttHC.l1'dM _ ,,..tcII'U1D1ttloCtt .. "PIMO, '" ... ( .. , ......... C .. ' ......... 'M 1('~lJlf~IIf.:!~!t Lf"fII""" .... IIIICOfIIOt.IotIII~tAUft, rtll'm'ttil"lJl't'PWJ,I(q"""PI'l ui-1I .• 'It:"" .;-" --- 'l"'I'lfol'JrHKO 1C -- 1o(tIJl'AWI ~ - 1!!'t!'.-~!:(ft~I"!"!~'i r-fPt V.I'" I lin I (..!Iltq-!W''!.IH '1C:rT& ..,..... "CtM1'fIII.£'t, ...... " Me """"' ....... \NWfIIJD .. f ........... IU.DIO~ ..... '_'AU.,h .. t 1Mttn1 hI:'~IT1'toIU~'."""-""""'" .. P't .. .......,,1IItIIf4, UI(.A.llfntt nMID'UI'I ' ... 'I"I,ffn ............ " ... QIIItiI'JUI.,,..,,. lfll1'.-a f. hUOI".'" M,&INI he m ..... ,...,.. iA'f&A,t11 f .... ' iliff .... NIt .. ,., .... 11:M.t:~""'JAM'I' ....... u..I1CIlMf1D"""' •• """"' PROJECT SUMMARY ~"'1ttJ .... ... .,. ... pt"l~It"'I"" t'W,= "::Ml.t ... ." 't'W"'Nlf'I' I-\IJ> 1lr'I ..... rw'AfOtl PUllllltD *'. MCI _~"'f JItIIlI1 I"l).HI SHEET INDEX CUP: 01· -~------ COP: 01·17 -------- f'. ~ 1 _! d ; ~ ! "t ,q 'I " " ~n!i I , I !e :0 ,!;3 .",- .t.! 16~: or; i~:;f. ~ ·0(0 ...... '· E PLu~f; ~ I/.!loJ.' :,.. I;! g: ,~ ~ ".J"'~£. ~ _0--g lofJi:',: ..... IUliVi"" ~ I, ... n ] lUna, " !~ k i l:.t I r , 1 , r /,~-~Ir· :,:": ',5'1: I f't_~.~~ ~l .JOI., • oI""l·""1' "k -1" I~_ II ""; ~.: ! > <": f <1" •. ! '. (;.ijij I, ') . I ___ _ m r-~ o z ,.-.j -- ~ 000~~ , Exrerior Ele'Va.rions m r-m e o z i-C ~~ ~ ~0~~0~0 0 II I I I I I I ~I Ii i ! ~ ; i i ~! I i -;:: .~ ~ ! ---" it n ; q ~I i , ~I q i-; 11 l " £ ;;0;; m -< m 0 z ,S 'm en .......... --_t. ___ ... -.:;..,. .. __ . _____ a_ .. _ -e-·--... -----N:-r;;;:::·co~~iC"Tia.:s~.;:c e--.. ----.. ---.. --.-= == = oe.-f\1 C~r ... tn S'UIC 100 II -=_ ~fl-;>~~~J"~111 .' ... ~~) "'~()4:0:: f:ill r-----------------------------------------------------------------------------------------------, I - I ;;;:;-. It: J ~ ----= -=-==--= -~ -- ____ ,_0 __ _ ., ll- Enbreed Site -\nd E\lulpment Room Plans tvl _. --_ .'!S _ .! _ .. _ . ,-------_._---_. __ .. _----------------_ .. _.. .._--------------------Hrm=:===~ cO""'''L 'J'C~'MO""'S ''"c. _ = == ~-"'I Copic-' Dr SUite IllO : === ~~~~~~~~-'~~ W~! I • ~ .. .;; .. ""<;",_:,,,: 1..1. 1 ! !2! : • AS REQUESTED BY THE COMMISSION AT THE OCTOBER 17 PUBLIC HEARING, STAFF HAS PROVIDED YOU WITH AN ANALYSIS SHOWING THE PROJECT'S CONSISTENCY WITH COUNCIL POllCY NO. 64, FOR WIRELESS COMMUNICATION FACILITIES THE APPllCANT HAS PROVIDED YOU WITH A MAP SHOWING THE LOCATIONS OF PROPOSED AND APPROVED TELECOMMUNICATIONS FACILITIES THROUGHOUT THE RESORT AS PART OF THE PROJECT EXHIBITS. NEXTEL AND THE RESORT MANAGEMENT HAVE MET WITH THE SURROUNDING COl\1MUNITY TO DISCUSS THEIR CONCERNS REGARDING THE PROPOSED FACILITY. AS A RESULT OF THOSE MEETINGS, NEXTEL HAS AGREED TO RELOCATE THREE PALM TREES THAT WOULD BE REMOVED TO CONSTRUCT THE PROPOSED STRUCTURE. THESEPALM TREES WOULD BE RELOCATED TO THE REAR OF THE PARKING STRUCTURE FOR SCREENING PURPOSES. THE APPllCANT HAS PREPARED A PHOTO SIMULATION OF THE SITE LOOKING AT THE PARKING STRUCTURE FROM THE RESIDENTIAL LOTS IN A VIARA POINT. THE TOP PHOTO SHOWS THE EXISTING VIEW. THE BOTTOM PHOTO SHOWS THE SAME VIEW WITH THE PROPOSED CUPOLA STRUCTURE AND THE RELOCATED PALM TREES. STAFF THEREFORE RECOMMENDS THAT THE PLANNING COMMISSION APPROVE THE PROJECT AS REVISED WITH THE ADDED FINDING AND CONDITIONS SPECIFIED IN THE PLAl'mING DEPARTMENTS :MEMO DATED 1117/01. Condition: Prior to issuance of a building permit, the trees shown on the approved A viara Four Seasons Resort landscape plan shall be installed as shown on Sheet L-23 ofDwg 313-5L located to the west of the parking garage structure driveway.