HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 3985e 0
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PLANNING COMMISSION RESOLUTION NO. 3985
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF TWO (2) GROUND-MOUNTED
PERSONAL COMMUNICATION SYSTEM RADIO
EQUIPMENT CABINETS, SIX (6) PANEL ANTENNAS
MOUNTED ON A 30 FOOT HIGH MONOPOLE AND AN
UNDERGROUND UTILITY LINE AT 4901 EL CAMINO
REAL.
CASE NAME: PBMS TAMARACK PCS SITE
CASE NO.: CUP 96-01
WHEREAS, Pacific Bell Mobile Services “Developer” has filed a ve
application with the City of Carlsbad regarding property owned by Jay and Maryon Hof
“Owner”, described as
Portions of Parcel 2 and 3 of Parcel Map No. 3451, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, January 31,1975.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibit “A”- “D”, dated September 18, 1996, on file in the Pla
Department (PBMS Tamarack PCS Site CUP 96-01) as provided by Chapter 21.42 c
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of September
hold a duly noticed public hearing to consider said request; and
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 fi
relating to the Conditional Use Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Comm
APPROVES Conditional Use Permit, CUP 96-01, based on the follc
findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for CUP 9
is in conformance with the Land Use Element of the City's General Plan, based c
following:
a. The provision of two ground-mounted Personal Communication SJ
equipment cabinets, six antennae mounted on a 30 foot high monopole w
compatible with surrounding land uses on the site. The proposed proj
consistent with the Residential Medium Low (RLM) General
designation in that the proposed use will allow continued provisic
wireless communication facilities for the community and region as a w
including communication for public safety entities. Further, the utility
use is permitted in all zones subject to approval of a Conditional Use Per
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 communi
that the community benefits of PCS include, but are not limited to, the followin
Wireless communication will improve telecommunication service by prov
mobile voice and data transmissions; 2) Potentially provide enhanced emere
response for police, fire and paramedic services; 3) Improve voice and data ql
through the use of all-digital technology, which will eliminate fading, dropping
crackling that can interrupt regular wireless calls; and 4) Provide one per:
portable phone number for voice, voice mail, pager, data and facsimile.
4. That the requested use is essentially in harmony with the various elements and objec
of the General Plan in that the General Plan, Local Coastal Program and z(
designations on the site allow the location of accessory public and quasi-p
utility uses with approval of a Conditional Use Permit.
5. That the requested use is not detrimental to existing uses specifically permitted i
zone in which the proposed use is located, in that there would be a 30 foot
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(Diameter) open space easement surrounding the monopole, and the equip
cabinets and monopole, with the addition of the PCS antennas, are screen(
landscaping and are located far enough away from El Camino Real so as not
visually intrusive to the El Camino Real Scenic Corridor.
4. That the site for the intended use is adequate in size and shape to accommodate the ‘I
that the project meets all City standards and policies without the requirement
variance from standards.
5. That all the yards, setbacks, walls, fences, landscaping and other features necess2
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that no adjustments are necessary to allow the propo
be located within the property boundaries. To minimize potential visual im
created by the project, the project’s perimeter will be landscaped wi
combination of trees and shrubs as shown on the project’s landscape plan on 1
the Planning Department. The proposed screen tree (Rhus Lancea - “Af
Sumac”) is a hardy evergreen species with full foliage. They reach a height of
30 feet at maturity, and would provide screening of the monopole when the PI
is viewed from El Camino Real.
6. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that no significant additional traffic wi
generated by the installation of the Personal Communication System equip
cabinets and antennas.
Conditions:
I. The Planning Commission does hereby approve the Conditional Use Permit fc
Project entitled “PBMS Tamarack PCS Site” (CUP 96-01), (Exhibits “A” - “D“
September 18, 1996 on file in the Planning Department and incorporated by
reference, subject to the conditions herein set forth. Staff is authorized and direct
make or require Developer to make all corrections and modifications to the Condit
Use Permit documents, as necessary to make them internally consistent ar
conformity with final action on the project. Development shall occur substantial
shown on the approved exhibits. Any proposed development substantially different
this approval shall require an amendment to this approval.
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 Condit
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. I
Planning Director determines that the use has such substantial negative effect5
Planning Director shall recommend that the Planning Commission, after providin
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permittee the opportunity to be heard, add additional conditions to reduce or eliminz
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 surroundin;
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 1
expiration date. The Planning Commission may not grant such extension, unless it
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 lil
the number of extensions the Planning Commission may grant.
4. The Developer shall report, in writing, to the Planning Director within 30 days
address change from that which is shown on the conditional use permit application.
5. Approval of CUP 96-01 is granted subject to the approval of the Mitigated Ne$
Declaration. CUP 96-01 is subject to all conditions contained in Planning Comm
Resolution No. 3984.
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. 3985 o
real property owned by the City of Carlsbad. Said Notice of Restriction shall not
property description, location of the file containing complete project details an
conditions of approval as well as any conditions or restrictions specified for inclusil
the Notice of Restriction. The Planning Director has the authority to execute and rt
an amendment to the notice which modifies or terminates said notice upon a showi:
good cause by the owner or successor in interest.
7. Prior to issuance of building permits, the Developer shall receive approval
Coastal Development Permit issued by the California Coastal Commission
substantially conforms to this approval. A signed copy of the Coastal Develop
Permit must be submitted to the Planning Director. If the approval is substan
different, an amendment to CUP 96-01 shall be required.
8. The Developer shall provide the City with a reproducible 24" x 36", mylar copy o
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.
9. 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 drac
Said blueline drawing shall also include a copy of any applicable Coastal Develop]
PC RES0 NO. 3985 -4-
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Permit and signed approved site plan.
10. The Developer/Operator shall comply with ANSUIEEE standards for EMF emis
Within six (6) months after the issuance of occupancy, and annually thereafte
Developer/Operator shall submit a project implementation report which prc
cumulative field measurements of radio frequency (EMF) power densities of all an!
installed at the subject site. The report shall quantify the EMF emissions and COI
the results with currently accepted ANSIAEEE standards. Said report shall be subj
review and approval by the Planning Director for consistency with the Prc
preliminary proposal report and the accepted ANSIAEEE standards. If on revieJ
City finds that the Project does not meet ANSI/IEEE standards, the City may revc
modify this conditional use permit.
11. The Developer/Operator shall and does hereby agree to indemnify, protect, defen
hold harmless the City of Carlsbad, its Council members, officers, employees, agent
representatives, from and against any and all liabilities, losses, damages, demands, c
and costs, including court costs and attorney’s fees incurred by the City arising, di
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permi
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, inch
without limitation, any and all liabilities arising from the emission by the facili
electromagnetic fields or other energy waves or emissions.
12. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior ti
approval of the grading permit or building permit, whichever occurs first. The Deve
shall construct and install all landscaping as shown on the approved plans, and mai
all landscaping in a healthy and thriving condition, free from weeds, trash, and debris
13. The detailed landscape and irrigation plan shall include specimen size 24” box
in sufficient number to provide screening of the facility when viewed fror
Camino Real, all to the satisfaction of the Planning Director.
Engineering Conditions:
14. Prior to hauling dirt or construction materials to or from the site, the applicant
submit to and receive approval from the City Engineer for the proposed haul route.
applicant shall comply with all conditions and requirements the City Engineer
impose with regards to the hauling operation.
15. Prior to building permit issuance, the following note shall be added to Sheet A-
I the conforming site plan:
“No substantial grading is proposed for this project. The only
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grading that will be required is trenching for the underground
electrical facilities.”
Fire Conditions:
16. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depar
building plans for Fire Department determination of conformance with applicable fil
life safety requirements of the state and local fire codes.
17. 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:
18. 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 rig
revoke or modify all approvals herein granted, deny or further condition issuance 1
hture 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 appro7
this Resolution.
Code Reminders:
19. This approval shall become null and void if building permits are not issued fol
project within 18 months fi-om the date of project approval.
20. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
21. All landscape and irrigation plans shall be prepared to conform with the Lands
Manual and submitted per the landscape plan check procedures on file in the Plar
Department.
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PC RES0 NO. 3985 -6-
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* a
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 18th day of September 1996,l
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nil
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
r
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HO~ZMIL~~R
Planning Director
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