Loading...
HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4006b *. L 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 PLANNING COMMISSION RESOLUTION NO. 4006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF SIXTEEN (16) ROOF-MOUNTED ANTENNAS, AND ONE (1) INTERIOR EQUIPMENT ROOM ON PROPERTY LOCATED AT 701 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: AIRTOUCH PACIFIC ONE PLAZA CASE NO.: CUP 96-09 WHEREAS, Airtouch Cellular, “Developer” has filed a verified applicatic with the City of Carlsbad regarding property owned by New England Mutual Li Insurance Co.. “Owner”, described as Parcel 1 of Map No. 15386, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 16,1988, as File No. 88-467980 of Official Records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit as shown on Exhibit(s) “A”-“D”, dated November 6, 1996, on file in the C~I Planning Department, Airtouch Pacific One Plaza (CUP 96-09), as provided by Chapter of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of November hold a duly noticed public hearing as prescribed by law 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 f relating to CUP 96-09. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pk Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. r % 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 B) That based on the evidence presented at the public hearing, the Commj APPROVES Conditional Use Permit, CUP 96-09, 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 96. is in conformance with the Land Use Element of the City’s General Plan, based on t following: a. The provision of 16 antennas on the roof of, and an equipment room wi an existing office building will be compatible with surrounding land USI the site. The proposed project is consistent with the industrial (I) Gel Plan 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 CUP. 2. The project is consistent with the City-Wide Facilities and Improvements Plan 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 wireless communications include, but are not lin to, the following: (1) Wireless communication will improve telecommunicr service by providing mobile voice and data transmissions; and (2) Potenl provide enhanced emergency response for police, fire and paramedic services. wireless communications facility has been designed to accommodate approxim 60 calls at peak hour capacity and provide service to the community within a 5. radius, is essentially in harmony with the various elements and objectives of the Ge Plan in that the General Plan and zoning designations on the site allow the loci of 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 F the proposed use is located, in that the antennas are sufficiently screened so as n be visually intrusive or incompatible. 4. That the site for the intended use is adequate in size and shape to accommodate the u! that the roof mounted antennas will be sufficiently accommodated by the roof and screening. 5. That all the yards, setbacks, walls, fences, landscaping and other features necessa 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 propoc be located within the property boundaries. PC RES0 NO. 4006 -2- 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 6. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that no significant additional traffic wi generated by the installation of the equipment cabinets and antennas. 7. That the Planning Director has determined that the project is exempt fron requirements of the California Environmental Quality Act (CEQA) per Section 153 the State CEQA Guidelines and will not have any adverse significant impact o environment. 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fo: McClellan-Palomar Airport, dated April, 1994, in that the antennas would not inte with the airport's runway flight protection zones and airport noise would not 6 the project. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit fc the Project entitled "Airtouch Pacific One Plaza" (CUP 96-09) dated November c 1996, on file in the Planning Department and incorporated by this reference, subjec to the conditions herein set forth. Staff is authorized and directed to make, or requir Developer to make, all corrections and modifications to the Conditional Use Permi documents, as necessary, to make them internally consistent and in conformity wit final action on the project. Development shall occur substantially as shown in th approved Exhibits. Any proposed development substantially different fiom thi 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 Conditj Use Permit shall be reviewed by the Planning Director on a yearly basis to determi all conditions of this permit have been met and that the use does not have a substa negative effect on surrounding properties or the public health and welfare. Ii Planning Director determines that the use has such substantial negative effects: Planning Director shall recommend that the Planning Commission, after providinl permittee the opportunity to be heard, add additional conditions to reduce or eliminat substantial negative effects. This permit may be revoked at any time after a p 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 fiv~ years upon written application of the permittee made no less than 90 days prior tc expiration date. The Planning Commission may not grant such extension, unless it j that there are no substantial negative effects on surrounding land uses or the pul health and welfare. If a substantial negative effect on surrounding land uses 01 public's health and welfare is found, the extension shall be denied or granted PC RES0 NO. 4006 -3- 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 conditions which will eliminate or substantially reduce such effects. There is no lir 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 hom 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 Not: Restriction to be filed in the office of the County Recorder, subject to the satisfactic the Planning Director, notifying all interested parties and successors in interest th; City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4006 c real property owned by New England Mutual Life Insurance Co. Said Noti Restriction shall note the property description, location of the file containing con project details and all conditions of approval as well as any conditions or restric specified for inclusion in the Notice of Restriction. The Planning Director ha 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 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. 7. The Developer shall include, as part of the plans submitted for any permit plan chi reduced, legible version of the approving resolution on a 24" x 36" blueline dra 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 Building Permit, the Developer shall receive approval Coastal Development Permit that substantially conforms to this approval. A signed of the Coastal Development Permit must be submitted to the Planning Director. approval is substantially different, an amendment to CUP 96-09 shall be required. 9. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emis Within six (6) months, and every year thereafter the issuance of occupanc! Developer/Operator shall submit a project implementation report which prc cumulative field measurements of radio frequency (EMF) power densities of all an1 installed at the subject site. The report shall quantify the EMF emissions and co: the results with currently accepted ANSI/IEEE standards. Said report shall be sub: review and approval by the Planning Director for consistency with the Prl preliminary proposal report and the accepted ANSI/IEEE standards. If on revie City finds that the Project does not meet ANSI/IEEE standards, the City may revc modify this conditional use permit. 10. The Developer/Operator shall and does hereby agree to indemnify, protect, defer hold harmless the City of Carlsbad, its Council members, officers, employees, agenl PC RES0 NO. 4006 -4- 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 representatives, fiom 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, fiom (a) City's approval and issuance of this Conditional Use Permj 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 facilj electromagnetic fields or other energy waves or emissions. Fire Conditions: 11. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depar building plans for Fire Department determination of conformance with applicable fir life safety requirements of the state and local fire codes. 12. 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: 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 ril revoke or modify all approvals herein granted, deny or further condition issuance future building permits, deny, revoke or fwther 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 Conditional Use Permit. Code Reminders: 14. This approval shall become null and void if building permits are not issued fa 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 concealed from view and the sound buffered fiom adjacent properties and stret substance as provided in Building Department Policy No. 80-6, to the satisfaction o Directors of Planning and Building. ~ I ... PC RES0 NO. 4006 -5- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla~ Commission of the City of Carlsbad, California, held on the 6th day of November 1996 b following vote, to wit: AYES: Commissioners Heineman, Monroy, Nielsen, Noble, Savaq Welshons NOES: None ABSENT: Chairperson Compas ABSTAIN: None M& A / WILLIAM COMPAS, Chairpehon CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4006 -6-