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HomeMy WebLinkAboutCUP 05-02; VERIZON WIRELESS FACILITY; Site PlanLEASE AREA LEGAL DESCRIPTION A PORTION OF LOT 2, OF BAPTIST HEIGHTS IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6030, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 23, 1968, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND TAG AND DISK ON THE TOP OF CURB AT THE SOUTH SIDE OF PARADISE VALLEY ROAD, SAID TAG AND DISK BEING ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, MORE OR LESS 13.93 FEET NORTH OF THE NORTHEAST CORNER OF SAID LOT 2, THENCE SOUTH 49 DEGREES 15 MINUTES 39 SECONDS WEST, A DISTANCE OF 316.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 18 DEGREES 58 MINUTES 21 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 71 DEGREES 01 MINUTES 39 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 18 DEGREES 58 MINUTES 21 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 71 DEGREES 01 MINUTES 39 SECONDS EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING NOTE: 1. ELECTRIC/TELCO UTILITY POINT OF CONNECTION AND EASEMENTS ARE PRELIMINARY AND ARE SUBJECT TO CONFIRMATION BY THE LOCAL UTILITY COMPANIES. 2. NO EASEMENT WILL BE AFFECTED BY THE PROJECT. 3. NO ENVIRONMENTAL SENSITIVE LANDS EXIST ON SITE 4. NO TELECOMMUNICATIONS FACILITIES ON SITE. 5. MAXIMUN EXCAVATION REQUIRED IS: 3'x12'x28'/27= 38 CUBIC YARDS Easements @ AN EASEMENT FOR SEWER AND DRAINAGE PURPOSE AS DELINEATED OR AS OFFERED FOR DEDICATION, ON THE MAP OF: 10372 (PLOillD HEREON) @ AN EASEMENT FOR A WATER MAIN PURPOSE, RECORDED JUNE 1, 1989, INSTRUMENT NO. 89-290565, O.R. (PLOTTED HEREON) @) AN EASEMENT FOR THE GENERAL PURPOSE OF COLLECTION, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES AND ALL NATURAL AND ARTlFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURF ACE OF THE GROUND. RECORDED JUNE 5, 2001, INSTRUMENT NO. 2001-0366642, O.R. (PLOmD HEREON) @ AN EASEMENT FOR SEWER ACCESS PURPOSE. RECORDED JUNE 5, 2D01, INSTRUMENT NO. 2001-0366643, O.R. (PLOTTED HEREON) @ AN EASEMENT FOR UNDERGROUND ELECTRIC FACILITIES AND UNDERGROUND COMMUNICATlON FACILITIES, RECORDED AUGUST 14, 2001, INSTRUMENT NO. 2001-0575725, 0.R. (A STRIP OF LAND, INCLUDING ALL AO THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY UTILITY FACILITY) @ AN EASEMENT FOR WATER EASEMENT, RECORDED OCTOBER 7, 2002, INSTRUMENT NO. 2002-0865007, 0.R. (PLOillD HEREON) SITE PLAN I I 11 ..-------------·-,•·"~ -I APPROVED I I I I THIS IS TIIE APPROVED TENTATIVE MAP/SITE PLAN PER CONDITION NO. b OF PLANNINO . OMMISSION RESOLUTION NO. 51''3 ~--~ ·~~~--¥"i" -~·..;~(~a; r I n-g Dept. ate Plar,ning Dept-Date ' ----------------~, -----------~-, ' -----... --------I 1 ~~, i I I ', I /// ..--::;: J 7 L------------.... ',,,, I / s _ _,, ..1--------........ ..._ ', I / ----------.......... ' r -------,...... ...... ... '--, ' I / / / -,.. ......... , ', I ( / 1(//JI ._ ' I I ( L. J ') ', ',, I I I ; , ', I I I ( ', , I I ' ,.. /'' ' ', I I ..., '✓ ' ', ' I I ',, ', ', I I I ,, ,, ,, I I I ', ' ', \ I I ' ',, ', NEW 2" RGS CONDUIT W/ PULL --t--~ I I ',,_ ,, ', P T ( PPRO I I ;'---, ' __ ...._ ' RO E FOR ELCO A X. I I ' ' -' '> .. " I --' ..._-''I .1.· 150') ROUTED ALONG ROOF I I I / ....____ ?' 1 ;i' SLEEPERS, FROM LEASE AREA \----l-7 I / -....____ 1 ----, I (.·· DOWN TO (E) TELCO ROOM AT \ I '---..t._ ---'7 • · FIRST FLOOR I I I / --,-/ I"., NEW VZW 9' -7"x7' -8" LEASE AREA FOR PERMANENT GENERATOR WITH CMU WALL ENCLOSURE NEW 2" RGS CONDUIT W/----.. (3)-#2 AWG & 1-#8 (G), THWN FOR POWER (APPROX. 125') ROUTED ALONG ROOF SLEEPERS, FROM LEASE AREA DOWN TO ELECTRICAL ROOM AT FIRST FLOOR E5 I I I I I I I I I , I / 1 'f-......, 1 .,:r I / / , ... I / ...._____ /. I I , / / 'iii ;,' I I I I ., l+--1\ / I I . .,... I ·~ I I ' I I I I r----I I I I I I --..__; I I I I I I I I / / / I I / // I I I I I I I I r.J I / // // I / / '1-~c-~.,,,, I I .---; / / I / / I ~-EXISTING BUILDING / 1 I I ~-1 I I / / ~--___ c J __ "--' -\ -~~ ---~ I I I I I I I I I I I I I I I I I I I I n-,\ ~---------__.-NEW 2" RGS/PVC CONDUIT-----i--1---.::--11 ; \ I 'lo ._;:------____ _ I , I I < I : •• I ·. SCH.40 W/ (3)-#2 AWG & 1-#8 \ \_.:..~ ___ _ __ (G), THWN FOR POWER (APPROX. : l--1 \ I ------ 105') ROUTED ALONG FIRST I J I FLOOR CEILING & WALLS INSIDE 1 -I ---1 (E) ELECTRICAL ROOM, THEN 1 PENETRATES EXTERIOR WALL, I ROUTED DOWN THE WALL AND TO UNDERGROUND UTILITY TRENCH TO A NEW PERMANENT GENERATOR LEASE AREA 1,2,3 E5 NEW VZW 1 O' -0"x20' -0" LEASE AREA FOR EQUIPMENT PLATFORM WITH SCREENING AROUND EXISTING TRANSFORMER ------ #D150796585 NEW VERIZON ANTENN,l"h).. ___________ __,, TO BE FLUSH MOUNTED ON WALL ,. 43'-7 ---1---- I i I . I . 39'-10· D o a ----- I I I I I I I I I I I I • I .. I .',J I .. I ;.~ ,,:.'. .. I ·; I F I • ,· II ·,; ..... • f , • .,: I I . . , . ·--=~-:-:--:-:==-::-:-:-::--1·-,c. ----'1::.::.:+==NEW VERIZON ANTENNAS .: ••; TO BE FLUSH MOUNTED--h -i'., ,__ON WALL ~----(E) TELCO ROOM AT FIRST FLOOR -------(E) SBC TELCO MPOE INSIDE TELCO ROOM AT FIRST FLOOR (1NEW VZW TELCO P.O.C.) .. , ... ' ',. .,. , ,•, u .;,, 1 .. , '-----------(E) ELECTRICAL ROOM ;. AT FIRST FLOOR . . . ( .: '------------(E) 1600A SWITCHBOARD INSIDE i. (E) ELECTRICAL ROOM AT FIRST -~ ·. FLOOR (NEW VZW POWER P.O.C.) < '----------AUTOMATIC TRANSFER SWITCH 2P-600V-100A, NEMA 1 ENCLOSURE ~--------NEW 1 OOA METER BASE W/DISCONNECT SWITCH . ' .. ,. , I , I I ~ , ~ I ' I ' I ' I ' I I ·--1 SCALE: 1 "= 30' PLAN NORTH 30' .. 70' 1 I REV: DAlE/BY: REVISION DESCRIPTION: 0 07 /25/05 PRELl~t CD HT 1 08/22/05 FlNAL CD HT ENGINEER CONSULTANT: SllE BUILDER: • VSrlZSl,,ff wireless 15505 SAND CANYON A VE. BUILDING 'D' 1st. FLOOR IRVINE, CA. 92618 PHONE (949) 286-7000 A&:E DEVELOPMENT Veldi:Ji7el· ARCHITECTURE AND l!NGINEEFIINe DM810N 180TI PITCH AW., 8UTI! a200 RWE, CALFORNA 82914 18,t8) S0.4111 IN911111~8117 PAX www.velooltlllMt APPROVALS: APPROVED BY: INITIALS: LANDLORD: LEASING: ZONING: R.F.: E/P: C.P.M.: SITE INFO: SllE NAME: McCLELLAN SllE ADDRESS: 2710 LOCKER A VE. CARLSBAD, CA 92008 SAN DIEGO COUNTY SHEET TITI.E: SITE PLAN DRAWING INFO: DAlE: DWG. NAME: DRA~ BY: DATE: -HT 07/20/05 SHEET NUMBER: ' ~ ~ 0 <.n ' C) ,..., PLANNING COMMJSSION RESOLUTION NO. 5932 A RESOLUTION OF THE PLANNJNG COMMISSION OF THE CITY OF CARLSBAD, CALIFO&'lfA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF AN UNMANNED WIRELESS COMMUNICATION FACil,ITY ON A 1.77 ACRE SITE LOCATED AT 2710 LOKER AVENUE WEST IN THE P-M ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: VERIZON WIRELESS FACILITY CASE NO.; CUP 05-02 WHEREAS, Verizon Wireless, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Franz LLC, "Owner," described as Parcel 1 of Parcel Map No. 18720, In the City or Carlsbad, County of San Diego, State of California, filed In the office of the County Recorder of San Diego County, June 5, 2001 as File No. 2001-0368564 of Official Records (''the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"E" dated July 20, 2005, on file in the Planning Department, VERIZON Wll~ELESS FACILITY -CUP 05-02, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of July 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. 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. 6. 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. 7. Prior to the iss1.lllllce of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. Developer/Operator shall comply with the Federal Communication CommiSBion's guidelines on limits for human exposure to radio :frequency (RF) electromagnetic fields. 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 {l) 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 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 guideline£. Said 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 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. 10. This Conditional! Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on sUITOunding 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 tfie permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 11. This Conditional Use Permit is granted for a period of flve (5) years from July 20, 2005 to July 19, 2010. This permit may be revoked at any time after a public heariQg, if it is found that the use has a substantial detrimental effect on SUITOunding 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 ~nd 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. PC RESO NO. 5932 -4- B) That based on the evidence presented at the public hearing, the Commission APPROVES VERIZON WIRELESS FACILITY -CUP 05-02, based on the following findings and subject to the following conditions: Findin11: 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 is not detrimental to existing uses specifically pennitted in the zone in which the proposed use is located, in that the proposed wireless communication facility will improve wireless aceess for wireless customers thereby satisfying the demand for digital communications in the City. The PI, Planned Industrial land use designation does not preclude the provision of a Wireless Communication Facility, nor is the project detrimental to permitted uses in the vicinity in that the Wireless Communication Facility is mounted to the building face and requires only minor changes to the architectural design of the existing structure located on site. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed WCF will result in no additional building coverage, only minor alteratiom to the existing site design are required to accommodate a permanent ground level generator and all proposed antennas are completely stealth in design. 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 provided and maintained, in that only minor modifications will be necessary to Install the facility and, when completed, will not significantly change the buildings appearance, 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 unmanned WCF use would require, on average, only monthly maintenance visits and occasional vllllts in response to operational problems. 5. That the proposed wireless communication facility is consistent with City Council Policy No. 64, in that the proposed Installation of the equipment cabinets are entirely screened on the rooftop of an existing Industrial building and the proposed wall , mounted antennas will be stealth in design. The WCF is proposed in a preferred location in the P-M, Planned Industrial Zone and the proposal complies with all applieable design guidelines, in that the facility ls a stealth design. 6. That the Planning Director has detennined that the project belongs to a class of projects that the State Secretary for Resources has fOlllld do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental docwnents pursuant to Section 15303 -construction and installation of small new equipment facilities or structures, 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. PC RESO NO. 5932 -2- 12. Prior to the issuance of the building permit, 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 by Resolution No. 5932 on the property. 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 terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Prior to Issuance of building permit, Developer/Operator shall submit to the Planning Director written verification that the proposed project has been reviewed and approved by the Federal Aviation Administration (FAA). Code Reminden; 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy # 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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, 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. 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 final 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 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 project; NOR DO2S 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. 5932 -S- 7. 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 extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Copdltlops: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permit. APPROVED THIS IS THE APPROVED TENTATIVE MAP/SITE PLAN PER CONDITION NO. f, OF PLANNING I. , , . . . . -oMMISSION RESOLUTION NO. S'l'3 C. If any of the followmg conditions fail to occur; or 1f they are, by their terms, to be 1 , , ~ ~mplemented and m:nnt~ed over. time, if _any of such ~onditions fail to _be so -. -/ )"'-t,.~ ""'"1-t~~ 1"/·/f_t. ' implemented and mamtamed accordmg to their terms, the City shall have the nght to I "'lleDeJ>t,•D•to · Planning Dept-Date J 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; record a notice of violation on the property title; 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. 2. Staff is authorized and directed to male, or require the Developer to make, all correctiohs and modifications to the Conditional Use Permit documents, as necessary to male 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws 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 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold hannless 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 at1d 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, 1111y 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. PC RESO NO. 5932 .3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of July 2005 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton Commissioners Heineman and Montgomery G/] ,r-/·~I~,::.:::_-- -=m=F=F=RE=N:-1_=mraAL1, C!!'a1rperson CARLSBAD PLANNING COMMISSION ATI'EST: ~n DONNEU Assistant Planning Director 1 1 11 I ' I I ' , I I REV: DATE/BY: REvtSION DESCRIPTION: 0 1 07 /25/05 PREUM. CD HT 08/22/05 FlNAL CD HT ENGINEER/CONSUL TANT: --·--~I·~~"""~ ;.1 No. J , ExP'7/t C/V\¼ lf a"ri;A\},;,~~ ..,,,.,_,_,,_ SITE BUILDER: • V8fllR..ftwireless 15505 SAND CANYON AVE. BUILDING 'D' 1st. FLOOR IRVINE, CA. 92618 PHONE (949) 286-7000 A&E DEVELOPMENT Veldcirel· AAOI-ITECTURI!! AND !N8N!l!Rl>IG DIVISION 19071 l'ITCtt AVL 8UTI!! "200 AVNI. CAI.PORN.A lffl4 18481 ..,.. .. ,1111 llM8I 888-8817 l'AX www.Wlloallel.Mt APPROVALS: APPROVED BY: INITIALS: DATE: LANDLORD: LEASING: ZONING: R.F.: E/P: C.PJ,t: SITE INFO: SITE NAME: McCLELLAN SITE ADDRESS: 2710 LOCKER A VE. CARLSBAD, CA 92008 SAN DIEGO COUNTY SHEET TITLE: CONDITIONS OF APPROVAL ' DRAl'l1NG INFO: DWG. NAME: DRAWN BY: DATE: -HT 07/20/05 SHEET NUMBER: T2