HomeMy WebLinkAbout2002-01-02; Planning Commission; ; CUP 01-10|SDP 78-03C - SPRINT VONS 307Qhe City of Carlsbad Planning Departmift?
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: January 2, 2002
Item No. r2
Application complete date: August 10, 2001
Project Planner: Christer Westman
Project Engineer: David Rick
SUBJECT: CUP 01-10/SDP 78-03(0 SPRINT VONS-307- Request for approval of a
Conditional Use Pennit and Site Development Plan Amendment to allow
construction of a free standing architectural tower to house an unmanned
telecommunications facility consisting of nine panel antennas and six equipment
cabinets within an existing commercial center at 7710 El Camino Real in Local
Facilities Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5054
ADOPTING a Negative Declaration and ADOPT Planning Commission Resolutions No. 5055
and 5056 APPROVING Conditional Use Permit CUP 01-10 and Site Development Plan
Amendment SDP 78-03(C) based on the fmdings and subject to the conditions contained therein.
II. INTRODUCTION
This application is a request for a Conditional Use Permit and a Site Development Plan
Amendment to construct a new free standing tower to house an unmanned telecommunications
facility comprised of a 256 square foot equipment compound at ground level and nine panel
antennas elevated to a height of 42 feet and screened within the proposed tower. Quasi-Public
utility facilities are pennitted in any zone upon approval of a Conditional Use Permit. Because
the proposal includes the addition of a structure to a previously approved commercial center,
which was approved by Site Development Plan, an amendment to that plan must also be
processed. Staff is recommending approval of the Conditional Use Permit and the amendment to
the Site Development Plan.
III. PROJECT DESCRIPTION AND BACKGROUND
Sprint PCS is proposing to construct a 42 foot tower at the northeast comer of the La Costa
Towne Center (previously known as the Plaza de la Camino Real) east of and adjacent to the
entrance off of La Costa Avenue. The tower is proposed within an undeveloped part of the
center at the base of manufactured slopes. The slopes are landscaped with some ground cover,
shrubs and trees. Residences are located southeast of the project at the top of the slope at an
elevation of 180 feet approximately, 90 feet above the roof of the proposed tower. The panel
antennas are positioned to face away from the residences.
The base of the proposed tower is 16 foot square. The enclosed base will also serve as the
equipment compoimd necessary to provide power and switching functions for nine, five foot tall
panel antennas. The antennas will be screened behind a fiberglass and mesh screen in the upper
CUP 01-10/SDP 78-03(/QpRINT VONS-307 O
January 2,2002
Page 2
part of the proposed tower. The architectural theme of the proposed tower is taken from the La
Costa Towne Center.
The proposed project is subject to the following regulations:
• Conditional Use Permit (Chapter 21.42) of the Carlsbad Municipal Code
• City Council Policy Statement: Policy 64
• Qualified Development Overlay Zone (21.06) of the Carlsbad Mimicipal Code
IV. ANALYSIS
Staffs recommendation of approval for this conditional use was developed by analyzing the
project's consistency with the applicable City regulations and policies. This analysis will
present, in text, the project's consistency with the applicable regulations.
A. Conditional Uses
Conditional land uses such as telecommunication 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, and industrial). The required
Conditional Use Permit fmdings are that the use is consistent with the General Plan, necessary
and desirable to the community, not detrimental to permitted uses in the zone, and that the site
and street system are adequate to handle the proposed use.
The General Plan recognizes that many types of facilities are necessary and essential to the
infrastructural support of urban land uses. Among those are telecommunications, and today's
cellular and digital wireless technology has become a common choice for private, commercial
and emergency services. The addition of this facility will increase Sprint's wireless network to
support those services. The desirability of the facility is also rooted in the provision of an
integrated and complete wireless network.
Although the 1996 U.S. Telecommunications Act prohibits local govemments from
unreasonably prohibiting wireless services, it does permit regulations that ensure the placement
of facilities will not be detrimental to permitted uses in the zone. Wireless telecommunication
facilities that are integrated into the design of an existing or new stmcture typical for the area are
less intmsive than strictly utilitarian stmctures like electrical and communication transmission
lines, poles, and towers (i.e., electric, phone and cable TV), street and parking lot light standards,
traffic signals, television antennas, radio antennas, and satellite dishes. All are commonly found
within existing commercial and residential neighborhoods in the City of Carlsbad. Therefore, on
a project by project basis, the City is requiring that potential aesthetic visual impacts of
telecommunication facilities be reduced by either: (1) screening the antennas on the roofs of
existing residential, industrial and commercial buildings; (2) blending the antermas into the
architecture of existing buildings; (3) requiring landscaping; or, (4) requiring the facihties to be
camouflaged by use of natural colors or other methods to reduce visual impacts when they are
viewed from the public roadways.
CUP 01-10/SDP 78-03(^i$5pRINT VONS-307 O
January 2,2002
Page 3
Sprint PCS indicates that the proposed facility's calculated worst case radio frequency power
density of 8 microwatts per centimeter is well below the FCC exposure standard of 1,000
microwatts per centimeter; therefore, the project would not be detrimental to permitted uses in
the zone since it will not have a significant adverse impact on public health.
The proposed tower fits on the property without request for variance. Building setback from the
street is approximately 28 feet. No parking spaces will be removed and no parking is required
for the use. The tower height is 42 feet from the floor of the equipment pad, 35 feet above
existing grade, which is allowed in the C-1 commercial zone. Architectiu"al features that do not
function to provide usable commercial lease floor area, do not accommodate and/or screen
building equipment like air conditioners, and do not adversely impact adjacent properties may be
pennitted up to 45 feet.
No changes to the center's circulation will be required. Service vehicles are expected to visit the
site up to two times per month and will use existing center parking. The addition of the two
ADT per month will not have an adverse impact on the sunoimding circulation system. There
are no features ofthe project which require special conditions to adjust the use for compatibility
with the surrounding neighborhood.
B. City Council Policy 64
The City Cotmcil adopted policies regarding prioritization for the location of wireless
commimications facilities (WCF) on October 3, 2001. The guidelines state that wireless
facilities should be located on buildings and stmctures, not on vacant land. In addition, WCFs
should locate, in order of priority, on industrial, commercial, public, other non-residential, public
utility, park, or community facility property.
Design guidelines of the policy state that all aspects of a WCF, including the supports, antennas,
screening methods, and equipment should exhibit "stealth" design techniques so they visually
blend into the background or the surface onto which they are mounted. Subject to City approval,
false architectural elements should be used like cupolas and bell towers. Equipment should be
located within stmctures versus visually exposed and co-location should be encouraged.
The proposed project is located in a commercial center which is developed with large stmctures.
The proposed tower has been designed with elements found in the La Costa Town Center so that
it will visually become a part of the existing center.
The design of the tower fits the City Council policy of blending in with the existing
development. The project's commercial location is also the second most desirable location for
WCFs.
C. Site Development Plan
The commercial center. La Costa Towne Center, was approved by Site Development Plan SDP
78-03. The site is also located within a Qualified Development Overlay Zone. Therefore, as a
substantial addition to the center, the proposal requires an amendment to SDP 78-03.
CUP 01-10/SDP 78-03(AT!?PRINT VONS-307 ^
January 2, 2002
Page 4
Subject to the provisions of the Qualified Development overlay zone, any principal use,
accessory use, transitional use or conditional use permitted in the underlying zone is permitted
subject to the requirements of the Q Overlay Zone and the conditions and restrictions applicable
to the underlying zone. No use shall be permitted unless the Planning Commission can make
certain findings.
(1) That the requested use is properly related to the site, sunoundings and environmental
settings, is consistent with the various elements and objectives of the general plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, sunoimdings or fraffic circulation;
(2) That the site for the intended use is adequate in size and shape to accommodate the use;
(3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted fiitiu-e uses in the neighborhood will be provided
and maintained; and
(4) That the sfreet system serving the proposed use is adequate to properly handle all fraffic
generated by the proposed use.
The discussion under the Conditional Use heading touches on each of the findings required for
this Site Development Plan amendment. The proposed tower is positioned within the C-1
setback and height limits. Telecommunications are considered an integral part of the larban
infrastmcture and are therefore consistent with General Plan goals and policies which encourage
the development of public and quasi-public services. The proposal has been designed to blend
with the existing center and will operate at levels below those established as maximums by the
FCC and will therefore not be detrimental to existing or permitted uses in the area. The addition
of two ADT per month for service of the proposal will not have an adverse impact on the
adjacent street system.
V. ENVIRONMENTAL REVIEW
The proposed unmanned telecommunications facility has been reviewed for potential
environmental impacts applicable to the use including land use compatibility, aesthetics, and
health hazards. The land use has been determined to be compatible with typical commercial
operations in that it provides a quasi-public service such as land based telecommunications
services. The proposed project has been designed to blend into the existing commercial center
and can therefore be considered aesthetically acceptable. Infonnation provided by the applicant
indicates that the facility will operate at levels below those established by the Federal
Communications Commission (FCC) as maximally acceptable. Based on the findings of the
environmental impact assessment performed by staff in which no significant impacts to the
environment were identified, the Planning Director has published a notice of intent to issue a
Negative Declaration on October 12,2001. No public comment has been received.
CUP 01-10/SDP 78-03(A^RINT VONS-307
January 2,2002
Page 5
ATTACHMENTS;
1. Planning Commission Resolution No. 5054 (Neg Dec)
2. Planning Commission Resolution No. 5055 (CUP)
3. Planning Commission Resolution No. 5056 (SDP)
4. Location Map
5. Background Data Sheet
6. Disclosure Statement
7. Exhibits "A"-"G" dated January 2,2002
CW:cs
o
BATIQUITOS
LAGOON
SITE
SPRINT VONS 307
SDP 78-03(A)/CUP 01-10
cCity of CParlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applicaiions which will require
discretionary action on the pan of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application subminal. Vour project cannoi
be reviewed until this information is completed. Please pnnt.
Note:
Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraicmai
organization, corporation, estate, trust, receiver, syndicate, in this and any other county. cir\- and count\', cir\
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.)
-Gef^tfPsn Cci< PCS Assers^LLC
2.
Person CoN.t^AS's.'T'tet-ecor-vSge.ovCC-^
Title g>i>a»ogR-Title
Address Zt'o lAg|>^M»>R.feeT ^P^g>oS^^oc»Address 4-Cpg3 ft>e>OT l>fctvl6 tOO
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,
parmership, 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% ofthe 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 ofthe corporate officers. (A separate
page may be attached if necessary.)
Person,
Title
Corp/Part_
Title
Address Address
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-6559
If any pcrsoi^^n d pursuant to (1) dr (2) above is a ^^roiii organizanon or a tnis;. hs: m,
names and awlresses of AN^' person ser\'ing as an officer or director of the non-proiV,
organization or as trustee or beneficiary of the.
Non Profit/Trust / Non ProfitTrusi
Title / Title
Address C_ Address
Have you had more than $250 worth of business transacted with any member of Cif> staff
Boards, Commissions, Committees and/or Coimcil within the past twelve (12) months?
I I 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 knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
^-r:^ 1 . . S-Z'h-CD\
Signattire of owner/applicant's agent if applicable/date "
Gs^^pl^ssTVLCCe^^\ SgRvliCES peg. Srg.tOT?c&
Print or type name of owner/applicant's agent
H:ADMIN\C0UNTER\D1SCL0SURE STATEMENT 5/98 Page 2 of 2
NON-PROFI"^ ORGAMZATION OR TRUST
If any person id^.tified pursuant to (1) or (2) above is a nonprofu organization or 2 irus:. iis;
names and addresses of ANY person ser\'ing as an officer or director of the non-proir,
organization or as trustee or beneficiar\' of the.
Non Profit/Trust,
Tule
Non ProfitTrust_
Title
Address Address
Have you had more than S250 worth of business transacted with any member of Cit\- staff
Boards, Commis^ons, Committees and/or Coimcil within the past twelve (12) months'.'
• 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 knowledge.
Signature of owner/date Signamre of applicant/date
Print or type name of owner Print or type name of applicant
Signamre of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
MH"-'-31 -2031 .13: 3c^, CC'MF'ribS TELECOM,
MAV'lS-2001 12:42 CCMPPS5 TEUECOM. 949^7539*5 P.24/34
LETTBR OF AUTHORIZATION
APPLICATION F0R20NING/L^ND USE ENTlTLEM6NrrS
Site Number: SO54XC307
Property Address. 7720 Ei Camino Real. Caii«bad, CA 92009
Assessor's Parcel Mjmber 216^12^17
, owner/owner's representative of the above described prope.iy.
authorise Cox PCS Assets. LLC, or their agent, to act as an agent on my behalf for the sole purpose of
consummating any building or land-use applications necessary te ensure Cox's abiiity to use the prope.'t>' to:
the purpose of constructing and operatino a conrmunications facility. I unoerstand that this appI cation may he
denied, modified, or approved with conditions, and that such conditions or modifications must be complied with
prior to issuartce of building penrtits.
/ further unda/siand that signing this Buihorization is not to be construed as a commUment of any /find, and
that ell land-use approvals oij^ined wiB be subject to the successful eomple^rt of fease negotiations and iny
approva! of the prefect site ptana.
Signature of Property 0wner(s)/0wner'5 Representative: Jjtrtjm)/ ^a./^ ^y/urofi. C- C C-.
Date: KkJ "^^^^
PLEASE NOTARIZE Ao/AdfUf I^HikH
STATE OP.G*teffpWm ^ )
COUNTY OF >r>^ C^^/<s J 55
On S/- ^/ before me, the unders^ned, a Notary Public In and tor said County and State;
personallyappeared A€AJ/'^ ynndL^^^,'A,n A^^/^.A- .<^A^A^./
^^f-fft. ACU,/-^^K^ ^ '<- -y persona iy known to me (or proved
to me on the basis^jf satisfactory evidence) to be the person(s) whose rame(s) Is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed l!^e same in his/her/L'^eir authorized
capadty(ies), and that by his/her/lhair slgnature(s) on the instrument the person(s). or the entity jpon behaif of
which the person{sj acted, executed the instnjnwnt.
WITNESS njy hand and offidal seal.
BARBARA M. GREUEl
Notaiy Pul)fic - Slate at Mlssetflf
County of SLCftartes
My ComTOssianSqjires Bsc 15,208?
NOTARY PUBLIC
TOTCiL P. 92
JUL. 21. 20G0 10:2MiV1 --'^
Sprint. Sprint PCS'"
WEST REGION
OnANGE/niVERSIDE/SAN BERNARDINO/VENTURA
4683 Chabol Drive. Suite 100. Pleasanton, CA 94588
Phono: (925) 466-7357 office / FAX: (925)468-7826
July 27, 2000
To Whom It May Concem:
This letter is confirmation that Compass Telecom Services has authorization to submit
applications on Sprint PCS's behalf. Compass Telecom Services is contracted by Sprint PCS as a
telecommunications site acquisition and development firm. However all pennits are to be issued
in the name of Sprint PCS.
Should you have any questions and or concerns, please do not hesitate to give me a call.
Sincerely,
George Ghantous
Site Development Manager
Sprint PCS