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HomeMy WebLinkAbout2009-08-19; Planning Commission; ; CUP 02-21x1 - T-MOBILE RENEWAL OF CINGULARThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. P.C. AGENDA OF: August 19, 2009 Application complete date: July 24, 2008 Project Planner: Shelley Esteybar Project Engineer: David Rick SUBJECT: CUP 02-21x1- T-MOBILE RENEWAL OF CINGULAR - Request for a retroactive ten year extension of Conditional Use Permit No. CUP 02-21 to allow the continued operation of an existing Wireless Communications Facility consisting of four ground mounted equipment cabinets and twelve (12) panel antennas mounted on a 40 foot tall mono-palm located at 4901 El Camino Real in the R-A-10,000 residential zone and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6622 APPROVING a retroactive ten year extension of CUP 02-21 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This proposed retroactive ten year extension of CUP 02-21 will allow the continued operation of an existing Wireless Communications Facility consisting of four ground mounted equipment cabinets and twelve (12) panel antennas mounted on a 40 foot tall mono-palm located at 4901 El Camino Real in the R-A-10,000 residential zone from April 2, 2008 through April 1, 2018. III. PROJECT DESCRIPTION AND BACKGROUND The applicant (T-Mobile) is requesting a retroactive ten (10) year extension of CUP 02-21 (from April 2, 2008- April 1, 2018) to allow the continued operation of an existing Wireless Communications Facility consisting of four ground mounted equipment cabinets and twelve (12) panel antennas mounted on a 40 foot tall mono-palm located at 4901 El Camino Real in the R-A- 10 residential zone. On April 2, 2003 the Planning Commission approved CUP 02-21 to allow the above described WCF installation at 4901 El Camino Real. The Planning Commission concurrently approved a Coastal Development Permit (CDP 02-40) and a Special Use Permit (SUP 02-10) for the project. Condition No. 14 of the approving CUP 02-21 Resolution No. 5386 specifies that CUP 02-21 is granted for a period of 5 years (April 2, 2003 - April 1, 2008) but may be extended upon written application of the permittee (T-Mobile). The applicant submitted an application to renew the use within a timely manner on January 28. 2008. However, the application was deemed incomplete and landscape maintenance issues were identified by staff. All landscape maintenance issues were finally resolved in June 2009. o CUP 02-21x1 - T-MOBILE RENEWAL OF CINGULAR August 19, 2009 Page 2 The City Council adopted a policy (Policy # 64) regarding prioritization for the location of Wireless Communication Facilities (WCF) within the City of Carlsbad on October 3, 2001. The guidelines state that WCFs should be located on buildings and structures, not on vacant land. In addition, preferred locations of WCFs, in order of priority, are industrial, commercial, public, other non-residential, public utility, park, or community facility property. The existing mono-palm is located in the R-A-10,000 residential zone. Residential zones are considered "discouraged locations" pursuant to City Council Policy # 64. However, WCFs may be located in "discouraged locations" if the applicant demonstrates that no feasible alternative site exists within a preferred location. The applicant has submitted coverage maps indicating the coverage needs for this facility (see Attachment 6). The areas requiring coverage are residential, with the exception of the Country Store located on the adjacent commercial parcel along El Camino Real. There are no other properties within the vicinity that have a non-residential land use designation and are at a high enough elevation to meet the required WCF coverage objectives as the existing site. The adjacent commercial parcel is approximately 30 feet lower in elevation than the existing mono-palm site. To relocate the WCF on the commercial parcel, a new WCF at approximately 75 feet in height would need to be constructed to achieve the same area of coverage. Additionally, the closest lattice tower (SDG&E tower) that could be used for collocation is located northeast of the subject site and is at a lower elevation than the surrounding topography, thereby eliminating one-half of the coverage objectives. The design guidelines of City Council Policy # 64 require 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. The policy encourages collocation wherever feasible and appropriate. The project complies with the policy design guidelines in that the facility is an existing "stealth" mono-palm and in 2003, the Planning Commission approved CUP 02-18 to allow the collocation of a Verizon WCF within the trunk of the mono-palm tree. The mono-palm is surrounded by mature palms which help blend the facility into the natural surroundings. The equipment area is also enclosed within a chain-link fence surrounded by thick bushes to further provide a stealth design. The applicant submitted an RF emissions report to ensure that the RF emissions will not exceed the FCC guidelines. The report indicates that the RF emissions of the T-Mobile antennas will be well below the FCC standard for continuous public exposure. Additionally, the combined exposures of Verizon Wireless on the same mono-palm, as well as the two nearby mono-palms used by AT&T (formerly Cingular PCS) and Sprint/Nextel will not exceed the FCC standards. IV. ANALYSIS A. The existing Wireless Communication Facility, collocated on an existing mono-palm, continues to be consistent with all applicable plans, policies and regulations described below: 1. The Carlsbad General Plan; 2. Residential Agriculture (R-A-10,000) Zone (Chapter 21.08 of the Carlsbad Municipal Code); 3. Scenic Preservation Overlay Zone (Chapter 21.40 of the Carlsbad Municipal Code); CUP 02-21x1 - T-MOBILE RENEWAL OF CINGULAR August 19,2009 Page 3 4. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); 5. City Council Policy Statement: Policy # 64 - Wireless Communication Facilities; 6. Local Facilities Management Plan 1; 7. Coastal Development Regulations (Chapter 21.201 of the Zoning Ordinance); and 8. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). B. The adopted project findings for CUP 02-21, which are contained in Planning Commission Resolution No. 5386 still apply to this project (CUP 02-21x1) with the exception of Finding No. 6 which is replaced by new Finding No. 3 in Planning Commission Resolution No. 6622. C. The adopted project conditions for CUP 02-21, which are contained in Planning Commission Resolution No. 5386 still apply to this project (CUP 02-21x1) with the exception of Condition Nos. 6, 7, 8, 9, 11, 13, 16, 17 and 18, which have been satisfied and Condition Nos. 14 and 17 which have been superseded by Condition Nos. 4 and 5 in Planning Commission Resolution No. 6622. Condition No. 4 will allow the retroactive extension of CUP 02-21 for ten years from April 2, 2008 through April 1, 2018 and Condition No. 5 will require the Developer to maintain the existing and newly installed landscaping in a healthy and thriving condition, free from weeds, trash and debris. Condition No. 6 is a new condition. D. No formal written complaints regarding CUP 02-21 have been submitted to the City. E. Annual reviews have been conducted for CUP 02-21 and the project with associated landscape improvement is in compliance with all conditions of approval. F. The Wireless Communication Facility maintains a "stealth" design through the construction of the mono-palm with the panel antennas located within the palm fronds and has also been designed to accommodate collocation for a Verizon Wireless Communication Facility (CUP 02-18) within the trunk of the existing mono-palm. 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. 6622 2. Location Map 3. Planning Commission Resolution No. 5386, dated April 2, 2003 4. Disclosure Statement 5. Background Data Sheet 6. Coverage Exhibit with/without current site WOT TO SCALE SITEMAP T-MOBILE RENEWAL OF CINGULAR CUP 02-21x1 1 PLANNING COMMISSION RESOLUTION NO. 5386 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT CUP 02-21 TO ALLOW THE 4 INSTALLATION OF A MONO-PALM WITH TWELVE 5 ANTENNAS AND AN ASSOCIATED EQUIPMENT AREA ON PROPERTY GENERALLY LOCATED AT 4901 EL CAMINO 6 REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: HOFFMAN CINGULAR 7 CASE NO.: CUP 02-21 o WHEREAS, Cingular Wireless, "Developer," has filed a verified application 9 with the City of Carlsbad regarding property owned by Jay Franklin Hoffman and Maryon 10 Dooley Hoffman, "Owner," described as Yi 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 13 shown on Parcel Map filed on page 3451 of Parcel Maps on January 31,1975 (APN 207-101-28) 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "E" dated April 2, 2003, on file in the Carlsbad Planning 18 Department, HOFMAN CINGULAR - CUP 02-21, as provided by Chapter 21.42 and 21.50 of 19 the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 2nd day of April, 2003, hold a 21 ~~ duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES HOFFMAN CINGULAR - CUP 02-21, based on the following findings and subject to the following conditions: 3 Findings;4 r 1. 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 6 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed use benefits the community because of 7 the demand for mobile voice and data transmissions and the site's residential- agricultural land use designation does not preclude the provision of quasi-public utility uses. 9 ' 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 10 that the project meets all City standards and policies without the need for a variance from standards.11 12 3. 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 13 provided and maintained, in that no adjustments are necessary to allow the proposal to be located within the project boundaries. To minimize potential visual impacts *4 created by the project, the project has been designed as a mono-palm and will be , <- surrounded by mature palm trees which will aid in creating a natural appearance when viewed from El Camino Real and the existing equipment area is adequately 16 screened by existing vegetation. 17 4. 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. 19 5, The Planning Commission finds that the project, as conditioned herein, is in 20 conformance with the City's General Plan, based on the facts set forth in the staff report dated April 2, 2003 and recognizing that telecommunications are an integral part of the built environment defined by the General Plan and that telecommunications 22 facilities are necessary and essential for the provision of the service. 23 6. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the facility will replace an existing mono-pole with a new "stealth" mono- 24 palm and the facility will be designed to accommodate a second carrier. 25 7. That the Planning Director has determined that the project belongs to a class of projects 26 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 27 preparation of environmental documents pursuant to Section 15301 -minor alteration of existing private facilities of the state CEQA Guidelines. In making 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. PCRESONO. 5386 -2- 8. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 extent and the 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 5 building permit. 7 1. If any of the following 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 a 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 10 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 11 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 13 2. 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 14 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. 16 3. The Developer shall comply with all applicable provisions of federal, state, and local laws 17 and regulations in effect at the time of building permit issuance. * ° 4. If any condition for construction of any public improvements or facilities, or the payment p 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 20 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 21 all requirements of law. 27 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 23 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 24 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) 2-> City's approval or issuance of any permit or action, whether discretionary or non- ~fi discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 27 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 28 all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 5386 -3- 6. The Developer shall submit to the Planning Department a reproducible 24" x 36", 2 M mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 3 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 5 format (including any applicable Coastal Commission approvals). 6 8. Prior to the issuance of a building permit, the Developer shall provide proof to the ,j Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. o 9. This project shall comply with all conditions and mitigation measures which are required 9 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: 10 10. This approval is granted subject to the approval of SUP 02-10 and CDP 02-40 and is subject to all conditions contained in Resolutions No. 5387 and 5388 for those other 12 approvals incorporated herein by reference. 13 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the , c 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. 16 12. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 17 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 19 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 20 .substantial negative effects. 91Zi 13. The new mono-palm antenna structure shall be installed and operational no later 22 ^ than 24 months from the date of project approval. The existing mono-pole may remain onsite to ensure that uninterrupted service is provided for Cingular 23 customers until the new mono-palm antenna structure is operational. 24 14. This Conditional Use Permit is granted for a period of five (5) years from April 2, 2003 through April 1, 2008. 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 26 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 27 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 PC RESO NO. 5386 -4- is found, the extension shall be denied or granted with conditions which will eliminate or 2 substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 3 15. Developer/Operator shall comply with the Federal Communication Commission's 4 guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields, c Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either 6 (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR £1.1307(b)(l); or (2) a project 7 implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the exposure limits established by the FCC guidelines. Said 9 report shall be subject to review and approval by the Planning Director for consistency with the Project's preliminary report on RF exposure submitted with the initial project 10 application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this * * conditional use permit. 12 16. Prior to issuance of a building permit, the developer shall record a 40' diameter 13 open space easement around the base of the mono-palm. 14 Landscape 17. The Developer shall install two Canary Island Date Palms as shown on the approved 16 drawings. The precise location shall be subject to the approval of the Planning Department. Installation of the palms and retrofit of the existing irrigation system 17 shall be subject to inspection and approval of the Planning Director's designee. The Developer shall construct and install all landscaping as shown on the plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 19 18. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 20 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 21 City of Carlsbad has issued a Conditional Use Permit, Special Use Permit, and Coastal 22 Development Permit by Resolutions No. 5386, 5387 and 5388 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, 23 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. 24 The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 26 Engineering: 27 19. No structures shall be placed on an easement without the easement holder's90 r 0 permission. PC RESO NO. 5386 -5- Code Reminders: 2 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 3 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 4 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable <- Local Facilities Management Plan fee for Zone 1 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 6 approval will not be consistent with the General Plan and shall become void. 21. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 9 NOTICE10 11 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 12 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 1 . 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 15 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 16 annul their imposition. 17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 10 .DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 19 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. 21 22 23 24 25 26 27 28 PC RESO NO. 5386 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None }R, Chairperson JAD PLANNING COMMISSION ATTEST: lAAjY J, ^ MICHAEL J. HOEZMDbLER Planning Director PC RESO NO. 5386 -7- / RECEIVED JUL012008 CITY OF CARLSBAD PLANNING DEPT• i-v-MN(Nn\o Ucr! City of Carlsbad.. '••' ".—:•-. . .—" --~;tf - ••••. — ••"' B¥"!'gqmffl5£f£!!StHa!!B^^^y]^SIysS?HJ^iES^S^Ei DISCLOSURE STATEMENT Applicant s statement or disclosure of certain ownership interests on a!) 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: Person Is defined as Any individual, firm, co-partnership, joint venture, association, social club, 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 merest ••. ;|n the application. If the applicant includes a corporation or partnership, include the names^tiile, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MQRE. 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 . '..' ,\:y'-.y • V ..: Title^ ..':'••..'.'. Title 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.) ';\ : ........... , Address 1635 Faraday Avenue • ^^ Carlsbad, CA 92008-7314 '<760) 602--56PO • FAX (760) 602-8559 • vAw.cixatlsbad.ca.us 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, lisi;fhe names and addresses of ANY person serving as an officer or director of the nqn-profit organization'or as trustee or beneficiary of the. V Non Profit/Trust___ •. • • Non Profit/Trust .- : • 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? vi Yes No If yes, please indicate person{s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information isjaie and correct to the best of my knowledge. Signature of owner/dale f, Signature of applicant/date Prira or type name of 6wner Signature of pywer/applicant s agent if applicable/date Print or type name of applicant type name of owner/applicant s agent H:ADMIN\COUNTER®1SCLOSURE STATEMENT 5/98 Page 2 of 2 BACKGROUND DATA SHEET CASE NO: CUP 02-21X1 CASE NAME: T-MOBLE RENEWAL OF CINGULAR APPLICANT: T-Mobile. Inc. REQUEST AND LOCATION: Request for a retroactive ten year extension of Conditional Use Permit No. CUP 02-21 to allow the continued operation of an existing Wireless Communications Facility consisting of four ground mounted equipment cabinets and twelve 02) panel antennas mounted on a 40 foot tall mono-palm located at 4901 El Camino Real in the R-A-10,000 residential zone and in Local Facilities Management Zone 1. LEGAL DESCRIPTION: 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 (APN 27-101-28). APN: 207-101-28 Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: L (Local Shopping Center) and RLM (Residential Low Medium) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: R-A-10 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-A- 10,000 C-2/C-2-Q RLM L,OS Undeveloped Commercial South R-A-10,000 RLM Undeveloped; Agriculture, SFR East R-1;RMHP RLM SFR; Mobile Home Park West R-A-10,000; R-l-10 RLM Palm Nursery; SFR LOCAL COASTAL PROGRAM Coastal Zone: [x] Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes [X] No Coastal Development Permit: I I Yes [^ No Local Coastal Program Amendment: [~~1 Yes £<] No Revised 01/06 Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: N/A Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT 1X1 Categorical Exemption, Section 15301 "Existing Facilities" I | Negative Declaration, issued N/A Certified Environmental Impact Report, dated N/A Other, N/A Revised 01/06 6203 an Property 4901 El Camino Real Carlsbad, CA 92008 T • -Mobile Coverage without site Coverage Levels: Excellent Good/Variable Poor No Coverage 203 u&ject Pfbpiity Coverage with site