HomeMy WebLinkAbout2006-10-18; Planning Commission; ; CUP 00-43X1 - SPRINT FOUR SEASONS SITEnitty of Carlsbad Planning Department -
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: October 18,2006
Item No. G)
Application complete date: August 23, 2006
Project Planner: Chris Sexton
Project Engineer: Jeremy Riddle
SUBJECT: CUP 00-43xl -SPRINT FOUR SEASONS SITE -Request for a retroactive
five year extension of CUP 00-43x1 to allow the continued operation of an
unmanned Wireless Communication Facility at the Aviara Four Seasons Resort
located at 7100 Four Seasons Point within the Mello I Segment of the Local
Coastal Program and in Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6182
APPROVING a retroactive five year extension of CUP 00-43x1 based upon the findings and
subject to the conditions contained therein.
ll. INTRODUCTION
This proposed retroactive five year extension of CUP 00-43x1 will allow the continued operation
of an unmanned Wireless Communication Facility (WCF) at the Four Seasons Resort located at
7100 Four Seasons Point retroactively from May 15, 2006 through May 14, 2011. The
unmanned WCF has operated in conformance with the required conditions of approval for the
past five years.
ID. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Sprint PCS, is requesting a retroactive 5 year extension of CUP 00-43x 1 to allow
the continued operation of an unmanned WCF at this site. On May 16, 2001, the Planning
Commission approved CUP 00-43 to allow the installation of a WCF located at 7100 Four
Seasons Point. Condition No. 14 of the approving CUP Resolution No. 4955 specifies that CUP
00-43 is granted for a period of 5 years but may be extended upon written application of the
permittee (Sprint PCS). The applicant, Sprint PCS, is requesting a five-year retroactive
extension of CUP 00-43 to allow the continued operation of an unmanned WCF at this site. The
WCF consists of three panel antennas housed within a faux chimney and one polar antenna
which is wall mounted to a rooftop cupola "ith a stealth cover. A portion of the cupola was
removed and replaced with signal transparent composite material that is similar in texture and
color to the existing building to accommodate the antennas. Four equipment cabinets are
concealed within the interior space of the rooftop cupola. The WCF is consistent with City
Council Policy No. 64, Wireless Communication Facilities, as the project site is a preferred
location and the facility is a stealth design.
CUP 00-43xl -SPRINT FOtAEASONS SITE
October 18, 2006
Page 2
IV. ANALYSIS
A. The unmanned \VCF continues to be consistent with all applicable plans, policies and
regulations described below:
1. Carlsbad General Plan;
2. Title 21 of the Carlsbad Municipal Code;
3. Aviara Master Plan;
4. City Council Policy No. 64;
5. Local Facilities Management Plan 19; and
6. Local Coastal Program (Mello I Segment).
B. The adopted project fmdings for CUP 00-43. which are contained in Planning
Commission Resolution No. 4955 still apply to this project (CUP 00-43xl).
C. The adopted project conditions for CUP 00-43, which are contained in Planning
Commission Resolution No. 4955 still apply to this project (CUP OO-Bxl) with the
exception of Conditions No.6, 8, 9, 13, 15, 16, and 17 which have been satisfied and
Condition No. 14 which is replaced by Condition No.4 in Planning Commission
Resolution No. 6182 to ex'1end CUP 00-43x1 retroactively for 5 years from May 15.2006
through May 14,2011.
D. No formal \"Titten complaints regarding CUP 00-43 have been submitted to the City.
E. Annual reviews have been conducted for CUP 00-43 and the project is in compliance
with all conditions of approval.
F. The project has an existing Coastal Development Permit (CDP) CDP 00 -61 which is
still valid and in compliance.
G. The \\Tireless Communication Facility maintains "stealth" design and is in a preferred
location.
v. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301. Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6182
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Planning Commission Resolution No. 4955. dated May 16.2002
SITE MAP
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NOT TO SCALE
Sprint Four Seasons Site
CUP 00-43x1
II"
~ACKGROUNDDATASHEET
CASE NO: CUP 00-43x1
CASE NAME: Sprint Four Seasons Site
APPLICANT: Sprint PCS Assets, LLC
REQUEST AND LOCATION: Request for an extension of CUP 00-43 to allow the continued
operation of an unmanned \Vireless Communication Facility at the Aviara Four Seasons Resort
located at 7100 Four Seasons Point within the rvlello I Segment of the Local Coastal Program
CLCP) and in Local Facilities Management Zone 19.
LEGAL DESCRIPTION: Lot 1 of City of Carlsbad Tract No. 95-02. unit L 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: N/A Proposed No. ofLotslUnits: N,,-=/A~ __________ _
GENERAL PLAN AND ZONING
Existing Land Use Designation: ..::.T-=-R=-___________________ _
Proposed Land Use Designation: =-N'-'-'IA~ ___________________ _
Density AllO\\'ed: N/A Density Proposed: N=...!!..!/A:....::..-________________ _
Existing Zone: P-C Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site P-C T-R Hotel
North P-C RLM Residential
South P-C T-R Hotel
East P-C OS OS
West P-C OS OS
LOCAL COASTAL PROGRAM
Coastal Zone: ~ Yes 0 No Local Coastal Program Segment: =!v=le=ll=..=o-=I'----_____ _
Within Appeal Jurisdiction: 0 Yes [gj No Coastal Development Permit: 0 Yes rgj No
Local Coastal Program Amendment: 0 Yes ~ No
Existing LCP Land Use Designation: RLM/RM/OSIRCIN
Proposed LCP Land Use Designation: N/A
Existing LCP Zone: P-C Proposed LCP Zone: NI A
Re\ ised 01106
-PUBLIC FACILITIES -
School District: Carlsbad Water District: Carlsbad Sewer District: -'=Cc=ar""'l;.:::.sb:::,:a::::d:..-______ _
Equivalent Dwelling Units (Sewer Capacity):N :...:..:...:/A'-=--_______________ _
ENVIRONMENTAL IMPACT ASSESSMENT
cg] Categorical Exemption, =S=ec=t=io=n::...::..::15"-=3:;...::O:..,:1'--________________ _
D Negative Declaration, issued'--____________________ _
D Certified Environmental Impact Report, dated _______________ _
D Other, ______________________________ _
Revised 01/06
'ee --
-0 City of Carlsbad 'AF·,,,, .. i!l.fD·E,'Ii,i4:11
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 Councilor 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:
P.m.r!n~i~.~d.~,~e~_~~~,~~nY:.)"~iv.ri:fU8I,~;ttJ1lf.::--c~piirtnership;. joint,?venture. ,association, _.~ocial.~.cli.tQ;i.Jm¢tf\is! . ot;9a1t1i8tlo~?1Poiitlbnt.ei:t't~;;~~-J~~i~er;:;~Yrid.i~t:e,::_j~.:~~,~~n~i1~~9t§M~ifo~ii:ty;~£i!y~a!\d~9PD!ii~iif .!!l.i§j?.p)Iiitr:di~Cf pi ~Ji!~al~u~~j_~i.Drl~'"f,~·ny :othtitr)J!oop,~r:c~m?ina.t,on:-a~ing;8s. ~zun.~,.::,~~~;:;,:~£:,.;-;!f~';j~.:::;:iff[i::~ /:;~1:Z:~r:,~~5s:~::: -'. ~ t,:~ :::~~~:'::::f~~,;i' :-}:";::.;,';'.-::!' ::i· " t::-D~::'4i-"(;.~,· ~:~~~:~~~-: l:~::-{ s:;' ~)~maY;:Sign-:ttlis~doc~~;;fiO~~v.~r.:~,;J:ega'I':n1iileJ!j:ld:BmitY·,Of~me' applicant~_'r!d .. p~o~rtt~n.!J:~~ ~~i'pi:~vided~below.~:, ':,·::-~~:~-rt·:-:;,:..;:-:,: . .;,-, ::~:=: ~-~'::":::';:;~':'-. ',.-... --... ,~:; .. ::.:.::~.: ... -: .... , .... --:..... : :,-. >~.: .. -":-.:..:.-::':
1.
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 lega\ 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 IND1CATE NON-APPLICABLE tN/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 h..' LA
Title ,,-' ,e
'635 Faraday Avenue. Carlsbad. CA 92008-7314· (760) 602-4600. FAX (760) 602-8559· WWW.ci.carisbad.ca.us 8
.. e_ e_ ..
3. NON·PROFIT ORGANIZATION 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 ProfitfTrust N j A Non Profit!Trust k1 18
Title~ _____________ _ Title. _________________ _
Address -----------------Address _______________ __
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?
DYes ~ No If yes, please indicate person(s): ______________ _
NOTE: Attach additional sheets if necessary.
~certifY that all the ~bove information is true and co~o t1e best ~f my knowLjledge •
. 7' j.Jd~~~:.x.-:~' ~ ~ • . '\ vVJ:) \ ~ .
Signature of applic nt/date \..
-ite~ S.C--s-\clle-r:
Print or type name of owner Print or type name of applicant
tJIB
Signature of owner/applicant's agent if applicable/date
.. tV/A
Print or type name of owner/applicant's agent
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PLANI\lJNG C01\DUSSION RESOLUTION NO. 4955
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT, CUP 00-43, TO ALLOW A
TELECOMMUNICATIONS FACILITY ON PROPERTY
GENERALLY LOCATED AT THE AVIARA FOUR SEASONS
IN LOCAL FACILITIES MANAGEMENT Z01\'E 19.
CASE NAME: SPRINT FOUR SEASONS SITE
CASE NO.: CUP 00-43
\VHEREAS, Sprint PCS, "Developer", has filed a verified application with the
City of Carlsbad regarding property owned by A \iara Resort Associates~ LP, ··Owner",
described as:
Lot I 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 l\{ap thereof No.
13335, filed in the Office of the County Recorder of San Diego
County, June 13, 1996.
("the Property"); and
\VHEREAS, said verified application constitutes a request for a conditional use
permit as shown on Exhibit(s) "A" -"F" dated l\.Jay 16, 2001, on file in the Planning
Department SPRINT FOUR SEASONS SITE -CUP 00-43, provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day ofl\lay, 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
\VHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES SPRINT FOUR SEASONS SITE -CUP 00-43, based on the
following findings and subject to the following conditions:
Findings:
1.
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6.
That the Planning Director has detemrined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303, construction and
installation of small new equipment facilities or structures, of the state CEQA Guidelines.
In Iltaking this determination, the Planning Director has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony 'with the various elements and objectives of the General Plan~ and
is not detrimental to existing uses specifically pennitted in the zone in which the
proposed use is locate~ in that the proposed use benefits the community because of
the demand for mobile voice and data transmissions, and the site's Travel
Recreation land use designation does not preclude tbe provision of quasi-public
utility uses.
That the site for the intended use is adequate.in size and shape to accommodate the use, in
that the proposed telecommunication facility will result in no additional building
coverage and the panel antennas, which are housed within a faux chimney and wall
mounted, and roof mounted equipment cabinets require minimal alteration to the
existing site design which is in compliance "ith the Aviara l\laster Plan development
standards.
That all 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, in that all proposed facilities will be screened and painted to
match the existing building facade to reduce their ,risibility to the greatest e~"ent
possible.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate additional
vehicle trips beyond that necessary for regular maintenance.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the e:x"tent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permit.
PC RESO NO. 4955 -2-
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General:
1.
2.
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If any of the follmving conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
~
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this.approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City'S approval and issuance of this Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
The Developer shall submit to the Planning Department a reproducible 24" x 36",
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
This approval is granted subject to the approval of CDP 00-61 and is subject to all
conditions contained in Planning Commission Resolution No. 4956 for those other
approvals.
PC RESO NO. 4955 -3-
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The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legI~le version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall provide proof to the Director from the Carlsbad Unified School District
that this project has satisfied its obligation to provide school facilities.
This project shall comply with an conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Bui1tling permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides \\'litten certification to the City that
adequate water service and sewer facilities. respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This Conditional Use Permit shan be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This conditional use permit approval shall become null and void if building permits are
not issued for this project within 24 months from the date ofproject approval.
This Conditional Use Permit is granted for a period of five (5) years from May 16, 2001
through M.ay 16, 2006. This permit may be revoked at any time after a public hearing, if
it is found that the use has a substantial detrimental effect on surrounding land uses and
the public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare.
If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
15. The Developer/Operator shall comply with ANSIlIEEE standards for EMF emissions.
Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
radio frequency (EMF) power densities of all antennas installed at the subject site. The
report shall quantify the EMF emissions and compare the results with currently accepted
ANSIlIEEE standards. Said report shall be subject to review and approval by the
Planning Director for consist~ncy with the Project's preliminary proposal report and the
accepted ANSIlIEEE standards. If on review, the City finds that the Project does not
meet ANSIlIEEE standards. the City may revoke or modify this conditional use pennit.
PC RESO NO. 4955 -4-
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The Developer shall submit to the City a Notice of Restriction to be filed in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit and Coastal Development Permit "by Resolutions No. 4955
and 4956 on the real property owned by the Developer. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
record an amendment to the notice which modifies or tenninates said notice upon a
showing of good cause by the Developer or successor in interest.
De*loper shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad 11unicipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 19 pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval "will not be consistent with the General Plan and shall become void.
12 Code Reminders:
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18. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all· other applicable (:ity ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions. "
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPL Y to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection \\ith this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 4955 -5-
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-e -e
PASSED, APPROVED AND ADOPTED at a regular meeting of lhe Planning
Commission of the City of Carlsbad, California, held on the 16th of May, 2001, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L'Heureux, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
'5 JEF~IEGALL, chmrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZ:Mll..L-ER
Planning Director
PC RESO NO. 4955 -6-