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HomeMy WebLinkAbout2009-05-06; Planning Commission; ; CUP 01-24X1- MARJA ACRES PCS FACILITYThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. G) P.C. AGENDA OF: May 6, 2009 Application complete date: January 23, 2009 Project Planner: Shelley Esteybar Project Engineer: David Rick SUBJECT: CUP 01-24xl -MARJA ACRES PCS FACILITY -Request for a retroactive ten year extension of Conditional Use Permit No. CUP 01-24 to allow the continued operation of an existing unmanned Wireless Communications Facility collocated on an existing mono-palm and located at 4901 El Camino Real in the R-A-10 and C-2 Zones and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6553 APPROVING a retroactive ten year extension of CUP 01-24 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive ten year extension of CUP O 1-24 will allow the continued operation of an unmanned Wireless Communication Facility (WCF) consisting of a 375 square foot equipment area and four (4) panel antennas collocated on a 30 foot tall mono-palm structure at 4901 El Camino Real from April 3, 2007 through April 2, 2017. III. PROJECT DESCRIPTION AND BACKGROUND The applicant (Sprint PCS) is requesting a retroactive ten (10) year extension of CUP 01-24 (from April 3, 2007-April 2, 2017) to allow the continued operation of an unmanned Wireless Communication Facility consisting of a 375 square foot equipment area and four (4) panel antennas collocated on an existing 30 foot tall mono-palm structure at this site. On April 3, 2002 the Planning Commission approved CUP 01-24 to allow the above described WCF installation at 4901 El Camino Real. The Planning Commission also approved a Coastal Development Permit (CDP 01-33) and a Special Use Permit (SUP 01-07) for the project on April 3, 2002. Condition No. 14 of the approving CUP 01-24 Resolution No. 5163 specifies that CUP 01-24 is granted for a period of 5 years (April 3, 2002 -April 2, 2007) but may be extended upon written application of the permittee (Sprint PCS). The applicant, unable to process the written application expeditiously, requested an extension of time for their application submittal due to the company's reorganization after the Sprint PCS merger with Nextel telecommunications and due to the backlog and high volume of fee requests being processed through their new corporate offices. Additionally, Planning Staffs notification to submit a new CUP extension was not received by the applicant in a timely manner due to the change in corporate offices after the company merger. On May 13, 2008, the CUP extension application -~ t./ CUP 01-24xl -MARJA ACRES PC FACILITY May 6, 2009 Page 2 (CUP 01-24xl) was submitted. Prior to completion of the CUP extension application, the applicant was required to submit application documentation to deem the project complete and to address existing landscaping maintenance issues. All incomplete application items and landscaping issues were addressed upon completion of the application on January 23, 2009. The City Council adopted a policy (Policy # 64) regarding prioritization for the location of Wireless Communication Facilities (WCF) within the City 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 antennas collocated on the existing mono-palm are located in the R-A-10 residential zone. The equipment shelter is located in the C-2 zone. Residential zones are considered "discouraged locations" under the City Council Policy # 64 Guidelines. 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 7 & 8). 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 65 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 (see Attachment 9). 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 collocated on an existing mono- palm and exhibits "stealth" design. The existing antennas are fully concealed inside the trunk of the Nextel mono-palm. The mono-palm is surrounded by mature palms which help blend the facility into the natural surroundings. The equipment building is also designed to match the existing trash enclosure as well as the adjacent equipment building located on the commercial parcel. 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 Sprint PCS antennas will be well below the FCC standard for continuous public exposure. Additionally, the combined exposures of Sprint PCS/Nextel on the same mono-palm, as well as the two nearby mono-palms used by AT&T (formerly Cingular PCS), T-Mobile (formerly Cingular Cellular), and Verizon will not exceed the FCC standards. CUP 01-24xl -MARJA ACRES PC FACILITY May 6, 2009 Page 3 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) and General Commercial Zone (C-2)(Chapters 21.08 and 21.28 of the Carlsbad Municipal Code); 3. Scenic Preservation Overlay Zone (Chapter 21.40 of the Carlsbad Municipal Code); 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 for Zone 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 01-24, which are contained m Planning Commission Resolution No. 5163 still apply to this project (CUP 0l-24xl). C. The adopted project conditions for CUP 01-24, which are contained in Planning Commission Resolution No. 5163 still apply to this project (CUP 01-24xl) with the exception of Condition Nos. 6, 7, 8, 9, 11, 12, 16, 19 and 20 which have been satisfied and Condition No. 14 which is superseded by Condition No. 4 in Planning Commission Resolution No. 6553 to extend CUP 01-24 retroactively for ten years from September 3, 2007 through September 2, 2017. D. No formal written complaints regarding CUP 01-24 have been submitted to the City. E. Annual reviews have been conducted for CUP 01-24 and the project is in compliance with all conditions of approval. F. The Wireless Communication Facility maintains a "stealth" design and is collocated inside the trunk of an 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. 6553 2. Location Map 3. Planning Commission Resolution No. 5163, dated September 3, 2002 4. Disclosure Statement CUP 01-24xl -MARJA ACRES PC FACILITY May 6, 2009 Page 4 5. Background Data Sheet 6. Applicant's Justification Letter, dated December 29, 2008 7. Coverage Exhibit of Existing Location & Surrounding Sites 8. Coverage Exhibits of Existing Location 9. Coverage Exhibit of Lattice Tower Alternative Site Location -~~-,. ,,..... ·J j'},,._ . d1~ :._:::j\'·:.1 ,, Al l'!::: <,.,'Q .J :.) c, \ l~---:,,/ / ---~c-, I 'o ~----j ~,,.-/----~ ~?,y ---·~ v--·-·-,J }} ,.~f_;"./\V~---, ~:: t~:i, l rY ·-'~\.. . i-t \ ~.~"- SITE MAP • N NOT TO SCALE Marja Acres PCS Facility CUP 01-24x1 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 PLANNING COMMISSION RESOLUTION NO. 5163 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP 01-24 TO ALLOW THE INSTALLATION OF FOUR PANEL ANTENNAS ON AN EXISTING MONO-PALM AND MODIFICATIONS TO AN EXISTING EQUIPMENT BIDLDING ON PROPERTY GENERALLY LOCATED AT 4901 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: MARJA ACRES PCS FACILITY CASE NO.: CUPQJ.;24 WHEREAS, Sprint PCS, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Jay Franklin Hoffman and Maryon Dooley Hoffman, "Owner'', described as Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San Diego County, and that portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of Carlsbad, County of Sao Diego, State of California, as shown. on Parcel Map filed on page 3451 of Parcel Maps on January 31, 1975, under fde No. 75-023997. (''the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Pennit as shown on Exhibits "A" -"F" dated April 3, 2002, on file in the Carlsbad Planning Department, MARJA ACRES PCS FACILITY -CUP 01-24, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of April 2002, hold a duly noticed public hearing as pre~cribed 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: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES MARJA ACRES PCS FACILITY -CUP 01-24, based on the following findings and subject to the following conditions: Findines: 1. 2. 3. 4. 5. 6. 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 permitted in the zone in which the proposed use is located, in that the proposed use benefits the community because of the demand for mobile voice and data transmissions and the site's residential- agricultural and commercial land use designations do not preclude the 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 project meets all City standards and policies without the need for a variance from 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 no adjustments are necessary to allow the proposal to be located within the project boundaries. To minimize potential visual impacts created by the project, the antennas will be co-located on an existing mono-palm which is surrounded by mature palm trees of varying heights which aid in creating a natural appearance when viewed from El Camino Real and the equipment building will be designed to match the existing shopping center. A 30 foot radius open space easement bas been provided around the base of the pole to protect the safety of future residents and homes in the event of structural failure of the mono- palm due to an unforeseen natural disaster. 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 finds that the project, as conditioned herein, is in conformance with the City's General Plan, based on the facts set forth in the staff report dated April 3, 2002 and recognizing that telecommunications are an integral part of the built environment defined by the General Plan and that telecommunications facilities are necessary and essential for the provision of the service. That the proposed wireless communication facility is consistent with Council Policy No. 64, in that the proposed co-location of the Sprint antennas on the existing mono- palm is a stealth installation that was designed to blend in with the natural surroundings and the co-location will reduce the visual clutter of multiple carriers on the site by eliminating the six existing Sprint antenna support poles from the site. PC RESO NO. 5163 -2- 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 7. 8. That the Planning Director has determined 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 -new construction or conversion of small 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. 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. 2. 3. 4. 5. 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 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) PCRESONO. 5163 -3- 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 6. 7. 8. 9. 10. 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 SUfVives 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. 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 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 all conditions and mitigation measures which are required 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: This approval is granted subject to the approval of SUP 01-07 and CDP 01-33 and is subject to all conditions contained in Resolutions No. 5164 and 5165 for those other approvals. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. 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 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. 13. 14. This Conditional Use Permit shall 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 detennines 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 is granted for a period of five (5) years from April 3, 2002 through April 2, 2007. 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 PCRESONO. 5163 -4- 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 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. Developer/Operator shall comply with the Federal Communication Commission'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 §l.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 guidelines. 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. 16. Prior to final inspection of the new installation, the six existing Sprint antenna support poles shall be removed. 17. This approval supercedes all previous approvals for MARJA ACRES PCS FACILITY -CUP 96-05, HDP 96-07 and SUP 96-05. Landscape 18. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 20. 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, Special Use Permit, and Coastal Development Permit by Resolutions No. 5163, 5164, and 5165 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 PC RESO NO. 5163 -5- 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 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. 21. Prior to the issuance of building permit(s), the applicant shall submit with building plans an erosion control plan for City Engineer approval. 22. The facilities or appurtenance shall not be constructed on any easement without the easement holder's permission. 23. The antenna or appurtenance shall not be constructed in any drainage area or over any drainage structure. Code Reminders: 24. 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 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 approval will not be consistent with the General Plan and shall become void. 25. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 26. 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. 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 PC RESO NO. 5163 -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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of April 2002 by the following vote, to wit: A YES: Chairperson Trigas, Commissioners Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Baker SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAELJ.HOLLER =- Planning Director PCRESONO. 5163 -7- City of Carlsbad 14Fi,i,O,Gi•J4•iiiU,t4,ii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which wil I require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information .M!!§I 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 interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE. (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. {A separate page may be attached if necessary.) 1=":: Person__________ Corp/Part 'SP il--1 ,-.J~ ?c~ ~ E 131Tl\CttE,~ Title____________ Title _____________ _ Address _________ _ Address, ___________ _ 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL n~mes 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 10¾ of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) 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\\fy-J ?_ ~'-fo<l ~tFf\.WCorp/Part __________ _ Tit1eCo-O\.Oi-..'.>e12-S / ·TJ2..vSfet.S Title ___________ _ Address Y9°k 8 u'\"\ivltf00-Qa\LAddress __________ _ Ll~f'--~Y-rt e:_ f't ''n.oo '8' 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • {760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.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, 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 Profit/Trust.________ Non Profit/Trust _________ _ Title __________ _ Title _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) mor.aths? D Yes ~ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correc ;-t,o the best of my knowledge. • \ Sign1:1ture1of owner/d,t8/ Print or type name of owner \ S1 7ture of applica "l./1.).;'\.G L . r'VYd Print or type name of applicant ?a t~ ~t:k/11+<:::n) ; ----u:l--, Signature elf owner~li' t if appli-Gabletdote Print or type name of owner/applicant's=agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Pag,e 2 of2 Sprint is a publicly-traded corporation. The following are the corporate officers of the company as of 5/8/08. President and CEO -Dan Hesse Chief financial officer -Robert Brust Corporate Communications -Bill White Corporate Governance and Ethics -Chris Hill Customer Management -Bob Johnson Finance -Bill Arendt Human Resources -Sandy Price Legal, External Affairs & Regulatory -Len Kennedy Marketing -John Garcia Network Operations & Wholesale -Steve Elfman Network and IT -Kathy Walker Sales & Distribution -Paget Alves Strategic Planning & Corporate Initiatives -Keith Cowan Technology Development & XOHM -Barry West Wholesale -Jim Patterson BACKGROUND DATA SHEET CASE NO: CUP 0l-24Xl CASE NAME: MARJA ACRES PCS FACILITY APPLICANT: SPRINT PCS ---------------------------- REQUEST AND LOCATION: A request for an extension of an unmanned Wireless Communications Facility collocated on an existing mono-palm at 4901 El Camino Real. LEGAL DESCRIPTION: Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California, filed January 31, 1975, in the Office of the County Recorder of San Diego County, and 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, under file No. 75-023997. APN: 207-101-24, 207-101-28 Acres: NIA Proposed No. of Lots/Units: _N~IA ______ _ GENERAL PLAN AND ZONING Land Use Designation: L (Local Shopping Center) and RLM (Residential Low Medium) Proposed Land Use Designation: _N_IA ____________________ _ Density Allowed: "'"'N"'-'I A'-"--------Density Proposed: _N_I A __________ _ Existing Zone: C-2 and R-A-10 Proposed Zone: N~IA'--"------------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-2; R-A-10 L;RLM Commercial; Undeveloped North C-2, P-C L,OS Commercial, Undeveloped South R-A-10 RLM Undeveloped; Agriculture, SFR East R-1; RMHP RLM SFR; Mobile Home Park West R-A-10; R-1-10 RLM Palm Nursery; SFR LOCAL COASTAL PROGRAM Coastal Zone: [8J Yes D No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: D Yes [8J No Coastal Development Permit: D Yes [8J No Local Coastal Program Amendment: D Yes [8J No Existing LCP Land Use Designation: NIA Existing LCP Zone: N~I A'--"------- Proposed LCP Land Use Designation: -'-N'-"I A..cc.-__ Proposed LCP Zone: "-N"-'I A'-=---------- Revised 01/06 PUBLIC FACILITIES School District: NI A Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): -'--N"""'/ A'-"------------------ ENVIRONMENTAL IMPACT ASSESSMENT C8J Categorical Exemption, Section 15301 "Existing Facilities" D Negative Declaration, issued _N_/A~------------------- D Certified Environmental Impact Report, dated -=--N"--'/ A'-=--------------- D Other, .c...cN=/A-"-------------------------- Revised O 1/06 JUSTIFICATION OF SITE SELECTION IN DISCOURAGED LOCATION Sprint Nextel CUP 0l-24xl Marja Acres The site located at 4901 El Camino Real was selected originally for two important reasons: 1) the site was the only location in the area that met the coverage objective and 2) it was sited on an existing wireless use location (Pac Bell). The original installation was six (6) antenna poles located on the hillside of the subject property and after Nextel installed its faux palm (CUP 00-32), those antennas were moved to collocated in the trunk as a stealthed site. The Nextel facility was required to design a stealth tree in order to accommodate a second carrier when a CUP renewal arose and that was accomplished by Sprint's move to the trunk of that tree. Within the search area of this particular wireless facility, the only preferred locations (per Section A. I of the Location Guidelines for Placement of WCFs are commercial, public right of way, or major power transmission towers not in a residential zone. Of those possible preferred locations, none of the three meets the coverage objective of the facility to would allow it to operate within the Sprint network. The subject site is at least 30 feet higher than the commercially zoned parcel due east of the subject site. That height differential would require that a faux tree or other tower be installed at approximately 65 feet to match the necessary antenna elevation as is achieved by the current location. The same is true for public right of way that is along El Camino Real. The SDG&E towers to the northeast (see photo survey #4) are placed in such a manner that the high ground to the south would block any RF signal in that direction, thereby eliminating one-half of the coverage objective and connectivity to neighbor sites in that direction. The subject site is home to four carriers, AT&T (formerly PacBell), Nextel, Verizon and Sprint. The reason these carriers are at this location is not only because they were deemed acceptable by Staff and Planning Commission at the time of initial approval, and subsequent renewals, but because all the carriers have the same general engineering needs to provide coverage north and south along El Camino Real and to reach east beyond the hillsides to the east of the road. None of this could be achieved by placing a site along the lower commercial lot or public right of way, or on the SDG&E tower which would be limited to only one carrier of the four due to SDG&E design and siting constraints. RECEIVED DEC· 29 2008 CITY OF CARLSBAD PLANNING DEPT The CUP O 1-24 findings state that: The proposed project is consistent with the purposes of Chapter 21.40 (Scenic Preservation Overlay) and all applicable general and specific plans, and will not adversely affect the scenic, historical or cultural qualities of the subject property in that the proposed co-location on the existing mono-palm will be located far enough away from El Caµiino Real so as not to be visually intrusive to the EI Camino Real Scenic Corridor and the equipment building has been designed to match the architectural design of the commercial center. We believe this statement to remain true, and as the collocation was required by the City of Carlsbad, it does not appear to be reasonable to require one of four facilities to relocate off-site, especially when it is stealthed in the trunk of a faux palm. There is a reference in the June 9 letter to the "Y glesia Residence". We have no reference for this site and therefore are not addressing it here. If further information is available, please advise and we will respond accordingly. The Sprint facility currently operates wireless telephone service via CDMA technology, EVDO wireless broadband (for video, data transmissions), text messaging and GPS coordination. Legend ' 'In-Building Coverage :~:: In-Vehicle Coverage (:1 Weak Coverage / '\~. -~··.· ·"-...... -1"-------~----- verage With S \ I._ \ / \ '•/ .r\ ~-----( .-I I ' r, J./ ---• \ /·· ·,. ,.r\ / -· ~ '0-..., "' -~· r·--"'-_.J, I ·1 \ r ' , f \. • ' I IL I ;· J . ", '· :j •. -- _.,..----,, \\ w~ (c~~erage for the Existing loc~tion1 ~ 8:)1 I I ~ ·:,,\ ,1 ·J~ 7 5'\ tV:Rfc ,~'7-,, c.=IJ/--_j \r,-\~_;//~ ~.,>~-, 't 1 J C~) \ ·-¢:; . 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