HomeMy WebLinkAbout1995-08-16; Planning Commission; Resolution 37861
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 I
I
0 0
PLANNING COMMISSION RESOLUTION NO. 3786
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
ADDITION OF 12 PANEL ANTENNAS ON THE EXISTING
SDG&E TOWER ON PROPERTY GENERALLY
LOCATED AT THE NORTH EAST CORNER OF CANNON
ROAD AND CARLSBAD BOULEVARD.
CASE NAME. SDG&E COMMUNICATION FACILITY
CASE NO: CUP 95-07
WHEREAS, a verified application has been filed with the City of Ca
Nextel Communications, Inc., a California Corporation, as Lessee and SDG&E a
and property owner on May 23, 1995, and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request for a Co:
CONDITIONAL USE PERMIT NO. 95-07 TO ALLOW THE
Use Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 16th day of August, 1995, hold a duly noticed public hc
consider said application on property described as:
Tract 823 Lot H P. Rancho Agua Hedionda for of, (ex
ST&HWY&DS90-9473&91-331666) Par3 SBEMP 1441-37-73F
in old APN 210 010 34
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission consic
factors relating to CUP 95-07.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the COI
APPROVES CUP 95-07, based on the following findings and subject to the 1
conditions: I
...
I
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
e 0
Findings:
1. The Planning Director has determined that the project is exempt frc
requirements of the California Environmental Quality Act (CEQA) per
15301(e) of the state CEQA Guidelines and will not have any significant
impacts on the environment.
2. The Planning Commission finds that the project, as conditioned herein for C
07, is in conformance with the Land Use Element of the City’s General PlaE
on the following:
a. The provision of 12 additional antennas on this existing tower
compatible with surrounding uses as well as existing uses on the sitc
3. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a. All necessary public improvements have been provided or are reql
conditions of approval.
4. That the proposed project is consistent with all applicable policies of th
Hedionda segment of the Carlsbad Local Coastal Program (LCP), in t
proposed land use (radio antennas) is consistent with the Public Utility 1;
designation of the LCP; because of the small size of the proposed antennas (4
X 1.0’ wide) and the location of the antennas (390’ high on the existing tow
project will have insignificant visual impacts; and, the antennas will provic
needed public/private service in a convenient and compatible location.
5. That the proposed project is consistent with the approved Specific Plan (SI
and would not constitute an expansion of the SDG&E facility in that
structures will be constructed for this facility and only minor alteration
existing structure will be necessary.
6. That the requested use is necessary or desirable for the development
community in that the project will upgrade service to the general public as
public safety entities, is essentially in harmony with the various eleme.
objectives of the General Plan in that the General Plan and zoning all1
location of radio and television antenna towers in the PU zone subje
conditional use permit, and is not detrimental to existing uses specifically p~
in the zone in which the use is located, in that the tower is an existing use
addition of 12 more antennas will remain compatible with surrounding use
7. That the site for the use is adequate in size and shape to accommodate the
that the requested addition of 12 more antennas to the existing SDG&E to.
require no additional area;
PC RES0 NO. 3786 -2-
il e 0
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
li
8. That all the yards, setbacks, walls, fences, landscaping, and other features r
to adjust the use to existing or permitted future uses in the neighborhood h
provided and will be maintained, in that the SDG&E tower and related struc
enclosed by fencing which will continue to be maintained. No additional
will be required by the addition of more antennas;
9. That the street system serving the use is adequate to properly handle 2.
generated by the use, in that existing ingresdegress for the subject site is lo
of Carlsbad Boulevard, and this access will be maintained. No traffic
generated by the addition of more antennas.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Perm]
additional antennas project entitled “SDG&E Communication Facility”, date
16, 1995, (Exhibits “A” - ‘IF”) on file in the Planning Department and inco
by this reference, subject to the conditions herein set forth. Staff is author
directed to make or require the Developer to make all corrections and modi
to the documents, as necessary to make them internally consistent and COI
Planning Commission’s final action on the Project. Development sha
substantially as shown on the approved exhibits. Any proposed deve
substantially different from this approval, shall require an amendment
approval.
2. The Developer shall comply with all applicable provisions of federal, state, 2
ordinances in effect at the time of building permit issuance.
3. The Developer shall include, as part of the plans submitted for any per:
check, a reduced, legible version of the approving resolution on a 24” x 36”
drawing. Said blueline drawing(s) shall also include a copy of any applicable
Development Permit and signed approved site plan.
4. This Conditional Use Permit is granted for a period of five (5) yeaE
Conditional Use Permit shall be reviewed by the Planning Director on a yea
to determine if all conditions of this permit have been met and that the use I
have a substantial negative effect on surrounding properties or the public he
welfare. If the Planning Director determines that the use has such su’
negative effects, the Planning Director shall recommend that the 1
Commission, after providing the permittee the opportunity to be hez
additional conditions to reduce or eliminate the substantial negative effec
permit may be revoked at any time after a public hearing, if it is found that
has a substantial detrimental effect on surrounding land uses and the public’
and welfare, or the conditions imposed herein have not been met. This per
be extended for a reasonable period of time not to exceed five (5) years upor
application of the permittee made no less than 90 days prior to the expirati
The Planning Commission may not grant such extension, unless it finds that t
no substantial negative effects on surrounding land uses or the public’s he,
I pc REso No. 3786
-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
0 0
welfare. If a substantial negative effect on surrounding land uses or the
health and welfare is found, the extension shall be denied or granted with o
which will eliminate or substantially reduce such effects. There is no lin
number of extensions the Planning Commission may grant.
5. The Developer shall report, in writing, to the Planning Director within 30
address change from that which is shown on the conditional use permit ap,
6. Prior to the issuance of Building Permit the Developer shall submit to tl
Notice of Restriction to be filed in the office of the County Recorder, subjt
satisfaction of the Planning Director, notifying all interested parties and SI
in interest that the City of Carlsbad has issued a Conditional Use P8
Resolution No. 3786 on the real property owned by the developer. Said I
Restriction shall note the property description, location of the file c(
complete project details and all conditions of approval as well as any conc
restrictions specified for inclusion in the Notice of Restriction. The
Director has the authority to execute and record an amendment to the notj
modifies or terminates said notice upon a showing of good cause by the c
or successor in interest.
7. Prior to approval of Building Permits, the Developer shall receive apprc
Coastal Development Permit issued by the California Coastal Commis2
substantially conforms to this approval. A signed copy of the Coastal Dew
Permit must be submitted to the Planning Director. If the approval is sub:
different, an amendment to CUP 95-07 shall be required.
8. The maximum number of additional (9 antennas existing, 5 microwave di!
whip) antennas allowed on the SDG&E tower shall be twelve (12) for a to
antennas on the tower. No additional antennas beyond this number are
without a conditional use permit or CUP amendment.
9. Prior to approval of Building Permits, the Developer shall receive apprc
Coastal Development Permit (or show evidence of CoastaI Developmenl
exemption) issued by the California Coastal Commission that substantially c
to this approval. A signed copy of the Coastal Development Permit
submitted to the Planning Director. If the approval is substantially diffe
amendment to CUP 95-07 shall be required.
10. If any of the foregoing conditions fail to occur, or if they are, by their ten:
implemented and maintained over time, if any of such conditions fail 1
implemented and maintained according to their terms, the City shall have I
to revoke or modify all approvals herein granted, deny or further condition
of all future building permits, deny, revoke or further condition all certifi
occupancy issued under the authority of approvals herein granted, instil
prosecute litigation to compel their compliance with said conditions or seek f
for their violation. No vested rights are gained by Developer or a succ
interest by the City's approval of this Resolution.
PC RES0 NO. 3786 -4-
a 0
1 Fire Conditions:
0
2 11, Prior to issuance of Building Permits, the Fire Department shall evaluate
plans for conformance with applicable fire and life safety requirements of ..
3 and local fire codes.
4
5
6
7
8
12. Plans and/or specifications for fire alarm systems, fire hydrants, autom
sprinkler systems and other fire protection systems shall be submitted to
Department for approval prior to construction.
Code Reminders:
This Project is subject to all applicable provisions of local ordinances, including
limited to, the following code requirements:
9 13. This approval shall become null and void if building permits are not ism
project approval and if building permits are not issued within 5 years from
10
11
antennas (12 antennas approved) for this project within 18 months from the
of project approval for the remaining 6 antennas. ’ 2
13
14. Approval of this request shall not excuse compliance with all applicable sec
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as othemise specifically provide herein.
14
15
16
e..
...
17
18
19
20
21
22
23
24
25
26
27
28
..o
...
...
...
...
l ...
...
...
..e
...
PC RES0 NO. 3786 -5-
!I e 0
+
1 PASSED, APPROVED, AND ADOPTED at a regular meeting
2
1995, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on the 16th day of -
4
5
,
AYES: Chairperson Welshons; Commissioners Compas, h
Nielsen and Savary
6 NOES: None
7
8
9
ABSENT: Commissioners Erwin and Noble
ABSTAIN: None
10
11
12
13
14 Al-TEST
KIM WE~HONS, chairperson
CARLSBAD P-G COMMISSIOI
15
16
17
18
19
20
21
22
23
24
PLANNING DIRECTOR
25
26
27
28
PC RES0 NO. 3786 -6-