HomeMy WebLinkAbout1996-11-20; Planning Commission; Resolution 40161
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PLANNING COMMISSION RESOLUTION NO. 4016
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
ANTENNAS AND ONE OVAL ANTENNA, AND SIX
THE USE OF A TEMPORARY FACILITY ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
MACADAMIA DRIVE BETWEEN AVENIDA ENCINAS AND
INSTALLATION OF SIX ROOF-MOUNTED PANEL
GROUND-MOUNTED RADIO EQUIPMENT CABINETS AND
THE EAST END OF THE CUL-DE-SAC IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: NORTH BATIQUITOS LAGOON PCS
CASE NO.: CUP 96-1 5
WHEREAS, Cox California PCS, Inc., “Developer”, has filed a verific
application with the City of Carlsbad regarding property owned by Mr. John Tohid
“Owner”, described as
FACILITYBD 137
Lots 9 and 10 of Carlsbad Tract No. 81-5, in the City of
Carlsbad, according to Map thereof No. 10899, filed April 11,
1984
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibits “A”-“C” dated November 20, 1996, on file in the Ca
Planning Department, North Batiquitos Lagoon PCS FacilitylSD137 (CUP 96-15
provided by Chapter 21.42 of the 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 f
relating to CUP 96-15.
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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 96-15, based on the folk
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 Elements of the City’s General Plan, based on the follow
a. Land Use - The provision of six panel antennas and one oval antenna c
roof of an existing commercial building behind a new equipment scree]
the installation of six radio equipment cabinets on the ground and the 1
a temporary facility will be compatible with surrounding land uses o
site. The proposed project is consistent with the Community Commerci:
General Plan designation in that the proposed use will allow contj
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.
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.
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 wireless communications include, but are not liI
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
2400 calls at one time at peak hour capacity, is essentially in harmony with the va
elements and objectives of the General Plan in that the General Plan and zc
designations on the site allow the location of accessory public and quasi-p
utility uses with approval of a conditional use permit, and is not detrimenl
existing uses specifically permitted in the zone in which the proposed use is locatc
that the roof-mounted antennas will be concealed behind a new equipment s(
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and the ground-mounted equipment cabinets will be concealed behind a
equipment screen, and both screens will be textured and painted to match adj
surfaces so as not to be visually intrusive or incompatible.
4. That the site for the intended use is adequate in size and shape to accommodate the 1
that the roof-mounted antennas and related new equipment screen and the gr,
mounted equipment cabinets and related proposed screen can be accommodal
the site within its current boundaries.
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 w
provided and maintained, in that roof equipment screening and ground equir
screening are being provided to ensure sufficient visual screening and to all0
proposal to 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 only one additional trip per month w
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.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit f:
the Project entitled "North Batiquitos Lagoon PCS Facility/SD 137" (CUP 96-1.
dated November 20, 1996, on file in the Planning Department and incorporated b
this reference, subject to the conditions herein set forth. Staff is authorized an
directed to make, or require Developer to make, all corrections and modifications 1
the Conditional Use Permit documents, as necessary, to make them internal]
consistent and in conformity with final action on the project. Development sha
occur substantially as shown in the approved Exhibits. Any proposed develop me^
substantially different from this approval, shall require an amendment to th
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 effects
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 elimin;
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
expiration date. The Planning Commission may not grant such extension, unless il
that there are no substantial negative effects on surrounding land uses or the pi
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 grantea
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 day:
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 Not
Restriction to be filed in the office of the County Recorder, subject to the satisfact
the Planning Director, notifying all interested parties and successors in interest th
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4016 (
real property owned by Mr. John Tohidi. 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 r
an amendment to the notice which modifies or terminates said notice upon a showi
good cause by the owner or successor in interest.
6. The Developer shall provide the City with a reproducible 24" x 36", mylar copy t
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 chl
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 96-15 shall be required.
9. The Developer/Operator shall comply with ANSIAEEE standards for EMF emis
Within six (6) months after the issuance of occupancy, the Developer/Operator
submit a project implementation report which provides cumulative field measureme
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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 acc
ANSUIEEE standards. Said report shall be subject to review and approval I:
Planning Director for consistency with the Project's preliminary proposal report a1
accepted ANSUIEEE standards. If on review, the City finds that the project dol
meet ANSIDEEE standards, the City may revoke or modify this conditional use pen
10. 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, E
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.
11. The Planning Commission does hereby approve the immediate installation c
the site of a temporary facility to be used for a temporary wirele
telecommunication antenna facility pending the completion of permittin
construction, and testing of the proposed permanent facility (CUP 96-15). T1
specific placement of the temporary facility on the site shall be located so as
minimize visual and safety impacts and shall be subject to the approval of tl
Planning Director. The temporary facility may remain on the site until tl
permanent facility is operational or for a maximum of 90 days, whichever eve:
occurs first.
12. No permanent roof antennas may be installed until all roof screening, includiL
the portions to be constructed by both Cox California PCS, Inc., and Pacif
Bell Mobile Services, is in place.
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 fir
life safety requirements of the state and local fire codes.
14. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire spri~
systems and other fire protection systems shall be submitted to the Fire Departme1
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
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revoke or modify all approvals herein granted, deny or further condition issuance
future building permits, deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted, institute and prosecute litigal
compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City's apprc
this Conditional Use Permit.
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16. This approval shall become null and void if building permits are not issued fc 6
Code Reminders:
7 project within 18 months from the date of project approval.
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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.
18. All roof appurtenances, including air conditioners, shall be architecturally integrate
concealed from view and the sound buffered from adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction
Directors of Planning and Building.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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Commission of the City of Carlsbad, California, held on the 20th day of November 1996 1
following vote, to wit:
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AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
dL &
WILLIAM COMPAS, Chairpersoff
CAFUSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HOL&ILL&
Planning Director
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