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HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 39450 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 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 ... ... 0 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 , I I 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- 0 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 I 1 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~ PC RES0 NO. 3945 -3- 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 I 28 I 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/ PC RES0 NO. 3945 -4- 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 1, 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 PC RES0 NO. 3945 -5- a e 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 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-