HomeMy WebLinkAbout1996-11-20; Planning Commission; Resolution 40151
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PLANNING COMMISSION RESOLUTION NO. 4015
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF SIX (6) FACADE-MOUNTED PANEL
ANTENNAS, AND TWO (2) RADIO EQUIPMENT CABINETS
ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF LA PLACE COURT BETWEEN FARADAY AVENUE
AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NO.: CUP 96- 17
WHEREAS, Pacific Bell Mobile Services, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by The Campus, LL
California Limited Liability Company, “Owner”, described as
CASE NAME: KIRLIN-SD-224-03
Carlsbad Tract #81-10, Unit #1, Lot 14, City of Carlsbad, County o
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibit(s) “A”-“D” dated November 20, 1996, on file in the C~I
Planning Department, Kirlin-SD-224-03 (CUP 96-17), as provided by Chapter 21.42 (
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th 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 fi
relating to CUP 96-17.
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.
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B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit, CUP 96-17, 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 5
is in conformance with the Elements of the City’s General Plan, based on the follow
a. Land Use - The provision of six antennas and two radio equipment cal
on the roof of an existing commercial building will be compatible
surrounding non-residential land uses on the site. The proposed proj
consistent with the Planned Industrial (PI) General Plan designation i~
the proposed use will allow continued provision of wireless communic
facilities for the community and region as a whole, including communic
for public safety entities. Further, the utility land use is permitted j
zones subject to approval of a CUP.
b. Circulation - The proposed utility use will not generate significant addil
traffic (approximately 1 trip per month), and the street system servin
use is adequate to handle this additional traffic.
C. Noise - The proposed use will not generate additional noise an(
not interfere with airport activities, nor will the use be subject to
impacts or frequency interference from the airport.
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 wireless communications include, but are not li~
to, the following: (1) Wireless communication will improve telecommunic
service by providing mobile voice and data transmissions; and (2) Poten
provide enhanced emergency response for police, fire and paramedic services.
wireless communications facility has been designed to accommodate approxim
45 calls at one time at peak hour capacity, is essentially in harmony with the vi
elements and objectives of the General Plan in that the P-I General Plan and
zoning designations on the site allow the location of accessory public and a
public utility uses with approval of a conditional use permit, and is not detrimer
existing uses specifically permitted in the zone in which the proposed use is locat
that the antennas will be painted to match the adjacent surface and the equip
cabinets will be enclosed within an existing screen so as not to be visually intr
or incompatible.
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PC RES0 NO. 4015 -2-
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4. That the site for the intended use is adequate in size and shape to accommodate the I:
that the antennas will be mounted on the facade of the existing roof screen, an
equipment cabinets will fit within the existing roof screening.
5. That all the yards, setbacks, walls, fences, landscaping and other features necess;
adjust the requested use to existing or permitted hture uses in the neighborhood u
provided and maintained, in that no adjustments are necessary to allow the propo
be located within the property boundaries.
6. That the street system serving the proposed use is adequate to properly handle all 't
generated by the proposed use, in that only one additional trip per month 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) fc
McClellan-Palomar Airport, dated April, 1994, in that the antennas would not intc
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 f;
project entitled "Kirlin-SD-224-03" (CUP 96-17) dated November 20, 1996, on f
the Planning Department and incorporated by this reference, subject to the cond
herein set forth. Staff is authorized and directed to make, or require Developer to I
all corrections and modifications to the Conditional Use Permit documents, as nece;
to make them internally consistent and in conformity with final action on the pr
Development shall occur substantially as shown in the approved Exhibits. Any pro:
development substantially different from this approval, shall require an amendmt
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 Condil
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 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 1 PC RES0 NO. 4015 -3 -
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hearing, if it is found that the use has a substantial detrimental effect on surroundiq
uses and the public's health and welfare, or the conditions imposed herein have no1
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 it
health and welfare. If a substantial negative effect on surrounding land uses c
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 lir
the number of extensions the Planning Commission may grant.
~ that there are no substantial negative effects on surrounding land uses or the pu
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. Prior to the issuance of building permits, the owner shall submit to the City a Notj
Restriction to be filed in the offce 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. 4015 o
real property owned by The Campus, LLC, A California Limited Liability Com]
Said Notice of Restriction shall note the property description, location of tht
containing complete project details and all conditions of approval as well as
conditions or restrictions specified for inclusion in the Notice of Restriction.
Planning Director has the authority to execute and record an amendment to the r
which modifies or terminates said notice upon a showing of good cause by the own
successor in interest.
16 6. The Developer shall provide the City with a reproducible 24" x 36", mylar copy c
conditions of approval by the City. The Plan copy shall be submitted to the 17 Site Plan as approved by the Planning Commission. The Site Plan shall reflec
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first. 18
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7. The Developer shall include, as part of the plans submitted for any permit plan che
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develop
20 reduced, legible version of the approving resolution on a 24" x 36" blueline dral
21 Permit and signed approved site plan.
22 (I 8. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emiss
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Within six (6) months after the issuance of occupancy, the Developer/Operator
submit a project implementation report which provides cumulative field measuremer
radio frequency (EMF) power densities of all antennas installed at the subject site.
report shall quantify the EMF emissions and compare the results with currently accc
ANSI/IEEE standards. Said report shall be subject to review and approval bq
Planning Director for consistency with the Project's preliminary proposal report anc
accepted ANSI/IEEE standards. If on review, the City finds that the project doe!
meet ANSI/IEEE standards, the City may revoke or modify this conditional use perm
*' 11 PC RES0 NO. 4015 -4-
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9. The Developer/Operator shall and does hereby agree to indemnify, protect, defenc
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 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.
Fire Conditions:
10. 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.
11. 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:
12. 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 rij
revoke or modify all approvals herein granted, deny or further condition issuance
fbture building permits, deny, revoke or further condition all certificates of occx
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:
13. This approval shall become null and void if building permits are not issued fo
project within 18 months from the date of project approval.
14. 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 bui
permit issuance, except as otherwise specifically provided herein.
15. All roof appurtenances, including air conditioners, shall be architecturally integrate
concealed fiom view and the sound buffered from adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction I
Directors of Planning and Building.
PC RES0 NO. 4015 -5-
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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 20th day of November 1996 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, ChairpersoK
CARLSBAD PLANNING COMMISSION
ATTEST:
u MICHAEL J. HOLZMILYER
Planning Director
I PC RES0 NO. 4015 -6-