Loading...
HomeMy WebLinkAbout2002-03-06; Planning Commission; ; CUP 01-30 - CINGULAR @ THE ISLANDte City of Carlsbad Planning Departmen A REPORT TO THE PLANNING COMMISSION Item No. () Application complete date: January 14, 2002 P.C. AGENDA OF: March 6, 2002 Project Planner: Christer Westman Project Engineer: David Rick SUBJECT: CUP 01-30 - CINGULAR @ THE ISLAND - Request for a Conditional Use Permit to allow the installation of a telecommunications facility at The Island @ Carlsbad in the Heavy Commercial-Limited Industrial (C-M) Zone generally located at the southeast corner of Faraday Avenue and Van Allen Way in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5150 APPROVING Conditional Use Permit CUP 01-30 based on the findings and subject to the conditions contained therein. H. INTRODUCTION Cingular Wireless is requesting approval to install an unmanned telecommunications facility, consisting of antennas and equipment, within a new rooftop tower at The Island @ Carlsbad. If approved, the facility will improve Cingular's ability to provide mobile communications coverage in the industrial corridor. The Federal Communications Commission has licensed the utility to provide service in San Diego County and beyond. The zoning of the site allows, by conditional use permit, public and quasi-public utility facilities such as the proposed wireless telecommunication facility. Staff recommends approval of the requested CUP as the necessary findings for it can be made. M. PROJECT DESCRIPTION AND BACKGROUND The General Plan designation for the site is Planned Industrial (P1) and the Zoning is Heavy Commercial - Limited Industrial. The surrounding properties have the same General Plan and zoning designations. The project site is also within the Carlsbad Research Center Specific Plan. The proposal includes the construction of a new tower element on an existing Island @ Carlsbad building, a ground mounted equipment enclosure and new landscaping. The tower and enclosure have been designed in the same style, colors and materials as the existing building. There is industrial development of similar height surrounding the project site. The proposed facility consists of "panel type" and Global Positioning System (GPS) antennas and equipment installations. Eight panel antennas are proposed within a new tower that accents the southeast side of the two-story building. Four additional panel antennas are proposed within the southwestern facing parapet. The tower is proposed secondarily as an architectural enhancement to match the rest of the building. The tower is fully enclosed, approximately 16 0 CUP 01-30 - C 1NGIJLAR!THE ISLAND March 6, 2002 Page 2 feet square, and 38 feet high from ground level at the tallest point. All of the antennas will be entirely screened by opaque materials and will not be visible to any public right-of-way. The power equipment is proposed to be located at ground level behind a new 6 foot by 16 foot, thirteen foot high enclosure. This project is subject to the following regulations: A. Planned Industrial (PT) General Plan Land Use Designation B. Carlsbad Municipal Code Chapter 21.30 (Heavy Commercial - Limited Industrial Zone) C. Carlsbad Municipal Code Chapter 21.42 (Conditional Uses) D. Carlsbad Research Center Specific Plan (SP 180) E. McClellan-Palomar Airport Comprehensive Land Use Plan F. Growth Management Regulations (Local Facilities Management Zone 5) G. City Council Policy 64 (Wireless Communication Facilities) IV. ANALYSIS Staff developed its approval recommendation after analyzing the project's consistency with the applicable City regulations listed above. A discussion on the compliance with each of the regulations follows. A. General Plan Planned Industrial land uses include those areas used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and development, and utility uses. The site is located within and is part of the Carlsbad Research Center Specific Plan for industrial development. The proposed use is consistent with the General Plan in that the Planned Industrial land use designation does not preclude the provision of quasi public uses. The use will enhance Cingular's wireless telecommunications service within the industrial and surrounding areas. B. Heavy Commercial - Limited Industrial Zone The site is zoned as C-M (Heavy Commercial - Limited Industrial). However, the development standards of the C-M zone were replaced by the adoption of the Carlsbad Research Center (CRC) Specific Plan. The CRC Specific Plan development standards are generally more stringent than the C-M zone. As seen in Table A, the project complies with the CRC Specific Plan development standards and therefore also complies with the C-M zone development standards. C. Conditional Uses Conditional land uses such as wireless telecommunication facilities possess unique and special characteristics that make it impractical to include them as permitted uses "by right" in any of the various zoning classifications. Accordingly, the Zoning Ordinance requires conditional use permits and Planning Commission public hearing review to address the aesthetics, operation, location, and other concerns potentially attributable to these land uses. CUP 01-30 - CINGULARFHE ISLAND March 6, 2002 Page 3 As part of the Planning Commission's consideration to approve a conditional use permit, several findings must first be made. A summary of how the project meets the findings follows. 1. The requested facility is desirable because it will provide safety and convenience benefits to the public by expanding and improving a mobile communication system. 2. The proposal is consistent with the General Plan, Zoning Ordinance, and Carlsbad Research Center Specific Plan because: • The panels will not be visible to the surrounding area; • It is not precluded by the commercial land use designations of the project site as they allow quasi-public utility uses with a conditional use permit; • It will not interfere with the circulation, design, or operation of the industrial area in general or existing uses nearby because it will be installed on the existing building, and; • It is consistent with all applicable development standards. 3. The tower and enclosure can be designed to integrate with the existing building, can accommodate all antennas and equipment and enable them to be hidden from view. 4. The proposed use will not generate a traffic impact because it is unmanned and requires only monthly maintenance. D. Carlsbad Research Center Specific Plan Area 2 of the Carlsbad Research Center Specific Plan is designated for community, regional service, travel service, commercial uses, industrial support uses, and business and professional office uses. The proposed telecommunications facility will serve the industrial park population as well as those traveling through the area near the industrial park. The proposed facility is considered an ancillary use to existing allowed uses. The applicable development standards of the Carlsbad Research Center Specific Plan and the project's compliance with the plan is illustrated in the following Table A. TABLE A: Carlsbad Research Center General Development Standards Standard Minimum Required Maximum Allowed Provided Parking N/A N/A N/A Coverage N/A 50% Less than 25% Setbacks: College Boulevard 30 feet N/A 45 feet Van Allen Way 20 feet N/A 260 feet Building Height N/A 45 feet* 38 feet Parking is not specifically required with the installation of telecommunications antennas. Parking is available on The Island @ Carlsbad site to accommodate the occasional Nextel Communications service vehicle. CUP 01-30 CINGIILAR!rHE ISLAND March 6, 2002 Page 4 Typically, the maximum height of buildings allowed in the zone is 35 feet. However, a height of 45 feet may be allowed if the following findings can be made: a) The building does not contain more than three habitable levels; and b) All required setbacks have been increased one foot for every foot proposed above 35 feet; and C) The building conforms to the Uniform Building Code; and d) The added height protrusion does not exceed 45 feet. The proposed architectural tower complies with each of the requirements since it does not include any habitable space, is set back more than 250 feet from Van Allen Way and 45 feet from College Boulevard, will be constructed in compliance with the applicable Uniform Building Code and does not exceed 45 feet. The equipment enclosure has been designed to include a stucco exterior and metal roof. These elements are found elsewhere on the project site and are fully compatible with the existing buildings. E. McClellan-Palomar Airport Comprehensive Land Use Plan The project falls within the scope of the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP). The CLUP identifies compatible land uses near the airport based on the noise contours created by the operation of the airport. The project is well beyond the 65 CNEL noise contour and does not include any human habitation, and is therefore considered a compatible use near the airport and is not subject to any special condition regarding noise impacts. Residential uses within proximity to the airport are subject to notification that there may be aircraft over- flight. However, since the project is not residential it is not subject to an over-flight notification. The building is more than one half mile from the airport and the proposed tower of 41 feet will not interfere with flight paths. F. Growth Management Local Facilities Management Plan Zone 5 includes Carlsbad Research Center. Installation of the facility in the existing commercial building and monthly facility maintenance visits will not result in increased public facilities demands; therefore, the proposal will not exceed performance standards for public facilities. G. City Council Policy 64 The City Council adopted policies regarding prioritization for the location of Wireless Communications Facilities (WCF) on October 3, 2001. The guidelines state that wireless facilities should be located on buildings and structures, 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 CUP 01-30 - CINGULAR!THE ISLAND March 6, 2002 Page 5 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 structures versus visually exposed and co-location should be encouraged. The proposed project is located in a commercial center in the industrial area which is developed with large structures. The proposed tower has been designed with elements found in The Island @ Carlsbad 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 industrial location is also the most desirable location for WCFs. V. ENVIRONMENTAL REVIEW The proposal is exempt from the California Environmental Quality Act (CEQA). CEQA Section 15303 exempts the construction and installation of small new equipment facilities and structures. Additionally, as Cingular must comply with FCC regulations, radio frequency emissions from the proposed facility are not considered a health hazard. 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. 5150 (CUP) 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibits "A"- "F" dated March 6, 2002 Y:cs . E AIRPORT Sn. ELI Q 031-Ar CINGULAR © THE ISLAND CUP 01-30 General Plan P1 P1 PT PT P1 Current Land Use Commercial Building Vacant Industrial Industrial Industrial Zoning Site C-M North C-.M South C-M East C-M West C-M BACKGROUND DATA SHEET CASE NO: CUP 01-30 CASE NAME: CINGULAR @ THE ISLAND APPLICANT: CINGULAR REQUEST AND LOCATION: New construction of a tower on an existing building and the addition of a ground mounted equipment enclosure. LEGAL DESCRIPTION: Lot 73 of Carlsbad Tract No. 85-24, unit No. 4, in the City of Carlsbad, County of San Diego. State of California, according to map thereof No. 11811, filed in the office of the County Recorder of San Diego County, May 19, 1987 APN: 212-120-04-00 Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Planned Industrial Density Allowed: N/A Density Proposed: N/A Existing Zone: C-M Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT [1 Negative Declaration, issued [I Certified Environmental Impact Report, dated Other, Categorical Exemption 15303 12!e4;2e1 00:20 @@@@@S@S@S E P..GE 04 City of Carlsbad - - 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 proiect cannot be reviewed until this information is completed. Please print Person is defined as "Any individuaL firm, co-partnership, joint venture association, social club, fraternal OrganiZanOn, Corporation, estate, trust, receiver. syndicate, in this and any other county, city and counr. city municipaIity, 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 belcn. APPLICANT (Nor the applicant's agent) Provide the c9MPLETE,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 ub1iclv-owued corporation, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if nece5arv.) Person Corp/Pan _Cingular Wireless Title '' Title - Address Cornerstone Court #180 tfl ieL/c 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. partnrship. tenants in common. non-profit, corporation. etc.). If the ownership includes a &orpoj-aIionoparinershj. include the names, title, addresses of all individuals owning more than O% 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'vnedcorporation.. include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessar.) Person . (Z*4 _J' Corp/Part " _c C/j...fro" .L-C_ Titk ?'o-_1tt441T4.L)b,(t.* Title____________________________ A" fwAft Address 2075 Las Parnas Or • Carlsbad, CA 92009-1576 • (760) 438-11 61 • PA( A - 1'4'2001 00:20 SS@BØ@@Ø@ 3 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (])or (2) above is aiorrofii oraanization or a trus. list the names and addresses of ANY person serving as an officer or director of the non-.profii organization or as trustee or beneficiary of the. Nbn Profitfjrust_________________ Non ProfiVTrust_ Title Title_________________________________________ Address Address__________________________________ 4. Have you had more than $250 worth of business transacted with any member of Cit' staff. Boards. Commissions. Committees and/or Council 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. 12-L- t Signatue of owner/date Signature of applicant/date 2,'5 1,4 _'&P Print or or type name of owner -ri "J2O £ Cingular Wireless Print or type name of applicant - Lm L, . -- Signature of owrerIapp1 icants agent if applicable/date Print or type name of owneriappi,cant's ateni 1 ADMIN.COUNrER\o,Sco5uRE STATEMENT 5f9 S- cinauIar • WIRELESS November 29, 2001 To: All Cities and Agencies From: Charles Vranek, Vice President Real Estate Re. Letter of Authorized Agents Pacific Bell Wireless / Cingular Wireless The below named representatives are hereby authorized to act as an Agent on behalf of Pacific Bell Wireless / Cingular Wireless (Cingular) in obtaining planning, building and related permits. This authorization is applicable to any and all matters, including public hearings, affecting Cingular land use entitlement applications in all jurisdictions throughout Southern California. Please direct project related correspondence to the firm and the representatives listed below: Authorized Representatives: PlanCom, Inc. 302 State Place, Second Floor Escondido, CA 92029 Darrell W. Daugherty Krystal Patterson Ted Marioncelli Robert E. Medina Karen Adler Kelly Vivanco Authorized By: IIAL 144 Charles Vranek Vice President Real Estate Pacific Bell / Cingular Wireless Cingular Wir.I.ss • 6170 Cornerstone Court • Suite 180 • San Diego, CA 92121 . At•p _• 'naular WIRELESS Designated Officers B. Shaner President and Chief Executive Officer R. DiChappari Vice President and Chief Financial Officer K.Quinn-Teuscher Vice President-Business Operations J. Dwyer Vice President-Customer Care D. Williams Vice President-Network Technology R. Quist Vice President, General Attorney and Secretary W.A. Wirtz Assistant Secretary B.S. Granger Assistant Secretary M. Wagner Treasurer P.J. Lauro Assistant Treasurer 4420 Rosewood Drive, Building 2, 4th Floor, Pleasanton, CA 94588 Cingular Wireless • 6170 Cornerstone Court • Sute 180 • San Diego, CA 9221