HomeMy WebLinkAbout1996-08-21; Planning Commission; Resolution 3975,I 0 e
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PLANNING COMMISSION RESOLUTION NO. 3975
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF SIX (6) GROUND MOUNTED
PERSONAL COMMUNICATION SYSTEM EQUIPMENT
CABINETS, SIX (6) PANEL ANTENNAS AND ONE (1) TEN
INCH OVAL ANTENNA MOUNTED ON A REPLACEMENT
MONOPOLE AT THE ELLERY RESERVOIR FACILITY AT
2237 JANIS WAY.
CASE NAME: PCS 150 MOUNT KELLY
CASE NO.: CUP 96-06
WHEREAS, Cox California PCS, Inc. (Developer) has filed a ve
application with the City of Carlsbad which has been referred to the Planning Commission;
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibit “A” - “E”, dated August 21, 1996, on file in the Pla
Department and incorporated by this reference as provided by Chapter 21.42 of the C~I
Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 21st day of August 1996, hold a duly noticed public hearing to cor
said application on property owned by the City of Carlsbad (Owner) described as:
Parcel 1 as now shown on Map No. 878, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, July 3,1972.
WHEREAS, at said public hearing, upon hearing and considering all testil
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1a1 25
relating to CUP 96-06. 24
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit, CUP 96-06, 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 (
following:
a. The provision of six ground mounted Personal Communication S:
equipment cabinets and seven antennas on the 54.5 foot high replact
monopole will be compatible with surrounding land uses on the site.
proposed project is consistent with the Residential Medium Low (I
General Plan designation in that the proposed use will allow cont
provision of wireless communication facilities for the community and r
as a whole, including communication for public safety entities. Furthe
utility land use is permitted in all zones subject to approval of a CUP.
2. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan, and all City public facility policie;
ordinances since all necessary public improvements have been provided 01
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 prow
mobile voice and data transmissions; (2) Potentially provide enhanced emer;
response for police, fire and paramedic services; (3) Improve voice and data qh
through the use of all-digital technology, which will eliminate fading, dropping
crackling that can interrupt regular wireless calls; (4) Provide one personal por
phone number for voice, voice mail, pager, data, and facsimile; and (5) This
facility has been designed to accommodate approximately 2460 calls at peak
capacity and provide service to the community within approximately 112 to 2 I
is 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 zone in 7
the proposed use is located, in that the replacement monopole with the addition o
PCS antennas is sufficiently screened by the water tank, mature landscaping arl
the property's perimeter, and the surrounding topography, so as not to be vis
intrusive or incompatible with adjacent residential land uses.
4. That the site for the intended use is adequate in size and shape to accommodate the u
that the ground mounted equipment will be sufficiently screened by a retaining
the water tank, and the surrounding topography, and will not obstruct the driv
access around the water tank.
PC RES0 NO. 3975 -2-
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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 v
provided and maintained, in that no adjustments are necessary to allow the propa
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 Personal Communication System equil
cabinets and antennas.
7. The Planning Commission of the City of Carlsbad has reviewed, analyzec
considered the Negative Declaration, the environmental impacts therein identifit
this project and any comments thereon prior to approving the project. Based (
EIA Part-I1 and comments thereon, the Planning Commission finds that there
substantial evidence the project will have a significant effect on the environmel
thereby approves the Negative Declaration.
8. The Planning Commission finds that the Negative Declaration reflects the indepc
judgment of the Planning Commission.
9. The Planning Commission finds that all feasible mitigation measures or I
alternatives identified in the General Plan MEIR 93-01 which are appropriate 1
Subsequent Project have been incorporated into this Subsequent Project.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit fc
Project entitled "PCS 150 Mount Kelly" (CUP 96-06), subject to the conditions 1
set forth. Staff is authorized and directed to make or require the Developer,
California PCS, Inc., to make all corrections and modifications to the Conditiona
Permit documents, as necessary to make them internally consistent and confo:
Planning Commission's final action on the Project. Development shall
substantially as shown on the approved exhibits. Any proposed develo]
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 determ
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. 1
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 I
hearing, if it is found that the use has a substantial detrimental effect on surrounding
PC RES0 NO. 3975 -3-
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uses and the public's health and welfare, or the conditions imposed herein have no
met. This permit may be extended for a reasonable period of time not to exceed fi
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 granted
conditions which will eliminate or substantially reduce such effects. There is no li:
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. Approval of CUP 96-06 is granted subject to the approval of the Ne-
Declaration.
6. Prior to the issuance of building permits, the owner shall submit to the City a Not
Restriction to be filed in the office of the County Recorder, subject to the satisfacti
the Planning Director, notifying all interested parties and successors in interest th
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 3975 c
real property owned by the City of Carlsbad. Said Notice of Restriction shall no
property description, location of the file containing complete project details a~
conditions of approval as well as any conditions or restrictions specified for inclus
the Notice of Restriction. The Planning Director has the authority to execute and rl
an amendment to the notice which modifies or terminates said notice upon a showi
good cause by the owner or successor in interest.
7. 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 reflec
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
8. The Developer shall include, as part of the plans submitted for any permit plan che
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 Develop
Permit and signed approved site plan.
9. The Developer/Operator shall comply with ANSUIEEE standards for EMF emis:
Within six (6) months after the issuance of occupancy, and annually thereaftel
Developer/Operator shall submit a project implementation report which pro
cumulative field measurements of radio frequency (EMF) power densities of all ante
installed at the subject site. The report shall quantify the EMF emissions and con
the results with currently accepted ANSUIEEE standards. Said report shall be subjc
review and approval by the Planning Director for consistency with the Pro
preliminary proposal report and the accepted ANSI/IEEE standards. If on review
City finds that the Project does not meet ANSI/IEEE standards, the City may revo:
PC RES0 NO. 3975 -4-
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modify this conditional use permit.
10. The Developer/Operator shall and does hereby agree to indemnify, protect, defen
hold harmless the City of Carlsbad, its Council members, officers, employees, agenl
representatives, from and against any and all liabilities, losses, damages, demands, (
and costs, including court costs and attorney's fees incurred by the City arising, d:
or indirectly, from (a) City's approval and issuance of this Conditional Use Perm
City's approval or issuance of any permit or action, whether discretionary or
discretionary, in connection with the use contemplated herein, and
Developer/Operator's installation and operation of the facility permitted hereby, incl
without limitation, any and all liabilities arising from the emission by the facil
electromagnetic fields or other energy waves or emissions.
Eneineering Conditions:
1 1. Prior to hauling dirt or construction materials to or from the site, the applicant shall
submit to and receive approval from the City Engineer for the proposed haul route.
applicant shall comply with all the conditions and requirements the City Engineer mt
impose with regards to the hauling operation.
12. Prior to building permit issuance, the Developer shall indicate the gr:
quantities on Sheet A-2 (Grading Plan) of the conforming site plan.
Fire Conditions:
13. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depar
building plans for Fire Department determination of conformance with applicable fi1
life safety requirements of the state and local fire codes.
14. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprir
systems and other fire protection systems shall be submitted to the Fire Departme]
approval prior to construction.
General Condition:
15. 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 t
implemented and maintained according to their terms, the City shall have the rii
revoke or modify all approvals herein granted, deny or further condition issuance
future building permits, deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted, institute and prosecute litigati
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 appr0.c
this Resolution.
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PC RES0 NO. 3975 -5-
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Code Reminders:
16. This approval shall become null and void if building permits are not issued fc
project within 18 months from the date of project approval.
17. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 21st day of August 1996, k
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
I/\<\- !
) LL& -.
MICHAEL J. HOCZMILYER
Planning Director
PC RES0 NO. 3975 -6-