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
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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 '
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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
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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
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(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
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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
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43'-7
---1----
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39'-10·
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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.)
.. , ... ' ',. .,. ,
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'-----------(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
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SCALE:
1 "= 30'
PLAN NORTH
30'
..
70' 1
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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:
'
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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