HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4006b
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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.
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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-
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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-
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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
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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 ...
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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-