HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 39450 0
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PLANNING COMMISSION RESOLUTION NO. 3945
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF SIX (6) ROOF MOUNTED EQUIPMENT
CABINETS, NINE (9) ROOF MOUNTED PANEL ANTENNAS,
AND ONE (1) ROOF MOUNTED OVAL ANTENNA ON
PROPERTY LOCATED AT 701 PALOMAR AIRPORT ROAD.
CASE NAME: CARLSBAD PACIFIC CENTER PCS
FACILITY
CASE NO: CUP 96-03
WHEREAS, Cox California PCS, Inc. (developer) has filed a vc
application with the City of Carlsbad which has been referred to the Planning Commission;
WHEREAS, said verified application constitutes a request for a Condition;
Permit as shown on Exhibits "A"-"D", dated June 19,1996, on file in the Planning Depa~
and incorporated by this reference as provided by Chapter 21.42 of the Carlsbad Mu
Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 19th day of June, 1996, hold a duly noticed public hearing to co
said application on property owned by New England Mutual Life Insurance Co. (a
described as:
Parcel 1 of Map No. 15386, in the City of Carlsbad, County of San 1
State of California, filed in the Office of the County Recorder of San
County, September 16,1988 as File No 88-467980 of Official Records.
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
~ relating to CUP 96-03. i
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI2
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 Comrr~
APPROVES Conditional Use Permit, CUP 96-03, based on the folll
findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for CUP '
is in conformance with the Land Use Element of the City's General Plan, based 1
following:
a. The provision of six equipment cabinets and ten antennas on the roof
existing office building will be compatible with surrounding land uses c
site. The proposed project is consistent with the Industrial (I) General
designation in that the proposed use will allow continued provisil
wireless communication facilities for the community and region as a v
including communication for public safety entities. Further, the utili@
use is permitted in all zones subject to approval of a CUP.
2. The project is consistent with the City-Wide Facilities and Improvements Pla
applicable local facilities management plan, and all City public facility policie
ordinances since all necessary public improvements have been provided o
required as conditions of approval.
3. That the requested use is necessary or desirable for the development of the commun
that the community benefits of PCS include, but are not limited to the following
Wireless communication will improve telecommunication service by pro,
mobile voice and data transmissions; (2) Potentially provide enhanced emerl
response for police, fire and paramedic services; (3) Improve voice and data q
through the use of all-digital technology, which will eliminate fading, dropping
crackling that can interrupt regular wireless calls; (4) Provide one per
portable phone number for voice, voice mail, pager, data, and facsimile; an1
This PCS facility has been designed to accommodate approximately 2,460 cz
peak hour capacity and provide service to the community within 3 to 9 milc
essentially in harmony with the various elements and objectives of the General PI
that the General Plan and zoning designations on the site allow the locatic
accessory public and quasi-public utility uses with approval of a conditiona
permit,, and is not detrimental to existing uses specifically permitted in the zo
which the proposed use is located, in that the antennas are sufficiently screened
not to be visually intrusive or incompatible.
4. That the site for the intended use is adequate in size and shape to accommodate the P
PC RES0 NO. 3945 -2-
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that the roof mounted equipment and antennas will be sufficiently accommodal
the roof area and screening.
5. That all the yards, setbacks, walls, fences, landscaping and other features necess
adjust the requested use to existing or permitted future uses in the neighborhood F
provided and maintained, in that no adjustments are necessary to allow the propc
be located within the property boundaries.
6. That the street system serving the proposed use is adequate to properly handle all .
generated by the proposed use, in that no significant additional traffic w
generated by the installation of the equipment cabinets and antennas.
7. That the Planning Director has determined that the project is exempt fror
requirements of the California Environmental Quality Act (CEQA) per Section 15:
the State CEQA Guidelines and will not have any adverse significant impact (
environment.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fc
McClellan-Palomar Airport, dated April, 1994, in that the antennas would not intt
with the airport's runway flight protection zones and airport noise would not
the project.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit fc
Project entitled "Carlsbad Pacific Center PCS Facility" (CUP 96-03), subject .
conditions herein set forth. Staff is authorized and directed to make or requi~
Developer, Cox California PCS, Inc., to make all corrections and modifications
Conditional Use Permit documents, as necessary to make them internally consister
conform to Planning Commission's final action on the Project. Development
occur substantially as shown on the approved exhibits. Any proposed develor
substantially different from this approval, shall require an amendment to this approv;
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. This Conditional Use Permit is granted for a period of five (5) years. This Condi
Use Permit shall be reviewed by the Planning Director on a yearly basis to detem
all conditions of this permit have been met and that the use does not have a subst
negative effect on surrounding properties or the public health and welfare. I
Planning Director determines that the use has such substantial negative effect:
Planning Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to reduce or elimina
substantial negative effects. This permit may be revoked at any time after a 1
hearing, if it is found that the use has a substantial detrimental effect on surrounding
uses and the public's health and welfare, or the conditions imposed herein have not
met. This permit may be extended for a reasonable period of time not to exceed fi~
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years upon written application of the permittee made no less than 90 days prior
expiration date. The Planning Commission may not grant such extension, unless i
that there are no substantial negative effects on surrounding land uses or the p
health and welfare. If a substantial negative effect on surrounding land uses
public's health and welfare is found, the extension shall be denied or grantec
conditions which will eliminate or substantially reduce such effects. There is no lj
the number of extensions the Planning Commission may grant.
4. The Developer shall report, in writing, to the Planning Director within 30 day:
address change from that which is shown on the conditional use permit application.
5. Prior to the issuance of building permits, the owner shall submit to the City a NO
Restriction to be filed in the office of the County Recorder, subject to the satisfact
the Planning Director, notifying all interested parties and successors in interest tk
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 3945 1
real property owned by New England Mutual Life Insurance Co. Said Not
Restriction shall note the property description, location of the file containing COI
project details and all conditions of approval as well as any conditions or restri
specified for inclusion in the Notice of Restriction. The Planning Director hi
authority to execute and record an amendment to the notice which modifies or term
said notice upon a showing of good cause by the owner or successor in interest.
6. The Developer shall provide the City with a reproducible 24" x 36", mylar copy
Site Plan as approved by the Planning Commission. The Site Plan shall refle
conditions of approval by the City. The Plan copy shall be submitted to thc
Engineer and approved prior to building, grading, final map, or improvemenl
submittal, whichever occurs first.
7. The Developer shall include, as part of the plans submitted for any permit plan chl
reduced, legible version of the approving resolution on a 24" x 36" blueline dral
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develo]
Permit and signed approved site plan.
8. Prior to approval of the Conditional Use Permit, the Developer shall receive appro
a Coastal Development Permit issued by the California Coastal Commissior
substantially conforms to this approval. A signed copy of the Coastal Develo]
Permit must be submitted to the Planning Director. If the approval is substa
different, an amendment to CUP 96-03 shall be required.
9. The Developer/Operator shall comply with ANSIDEEE standards for
emissions. Within six (6) months after the issuance of occupancy,
Developer/Operator shall submit a project implementation report which pra
cumulative field measurements of radio frequency (EMF) power densities
antennas installed at the subject site. The report shall quantify the EMF emi!
and compare the results with currently accepted ANSIDEEE standards. Said r
shall be subject to review and approval by the Planning Director for consis
with the Project's preliminary proposal report and the accepted ANSI/
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standards. If on review, the City finds that the Project does not meet ANSI1
standards, the City may revoke or modify this conditional use permit.
10. The Developer/Operator shall and does hereby agree to indemnify, protect, C
and hold harmless the City of Carlsbad, its Council members, officers, empl
agents, and representatives, from and against any and all liabilities, losses, dar
demands, claims and costs, including court costs and attorney's fees incurred I
City arising, directly or indirectly, from (a) City's approval and issuance a
Conditional Use Permit, (b) City's approval or issuance of any permit or a
whether discretionary or non-discretionary, in connection with the
contemplated herein, and (c) Developer/Operator's installation and operation
facility permitted hereby, including without limitation, any and all liabilities a
from the emission by the facility of electromagnetic fields or other energy wa.
emissions.
Fire Conditions:
1 1. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depaf
building plans for Fire Department determination of conformance with applicable fi:
life safety requirements of the state and local fire codes.
12. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire spri
systems and other fire protection systems shall be submitted to the Fire Departme
approval prior to construction.
General Condition:
13. If any of the foregoing conditions fail to occur, or if they are, by their terms,
implemented and maintained over time, if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the ri;
revoke or modify all approvals herein granted, deny or further condition issuance
future building permits, deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted, institute and prosecute litigat
compel their compliance with said conditions or seek damages for their violation
vested rights are gained by Developer or a successor in interest by the City's appro
this Resolution.
Code Reminders:
14. This approval shall become null and void if building permits are not issued fo
project within 18 months from the date of project approval.
15. Approval of this request shall not excuse compliance with all applicable sections '
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
permit issuance, except as otherwise specifically provided herein.
16. All roof appurtenances, including air conditioners, shall be architecturally integrate
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concealed from view and the sound buffered from adjacent properties and strec
substance as provided in Building Department Policy No. 80-6, to the satisfaction
Directors of Planning and Building.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk
Commission of the City of Carlsbad, California, held on the 19th day of June, 1996, 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary, Welshons
NOES:
ABSENT:
ABSTAIN:
1
WILLIAM COMPAS, Chairpersod
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.MLZMI~LER
Planning Director
11 PC RES0 NO. 3945 -6-