HomeMy WebLinkAbout1996-12-04; Planning Commission; Resolution 4029L 0 @
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PLANNING COMMISSION RESOLUTION NO. 4029
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
PANEL ANTENNAS, AND AN INTERIOR EQUIPMENT
ROOM ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF LOKER AVENUE WEST, NORTH OF
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: RACEWAY CELLULAR FACILITY
CASE NO.: CUP 96-14
WHEREAS, GTE Mobilnet, Inc., “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by Pacific Industry Property Hol
Inc., “Owner”, described as
INSTALLATION OF TWELVE (12) FACADE-MOUNTED
Lot 2 of Carlsbad Tract No. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to Map No.
10372 filed in the San Diego County Recorder’s Office on April
13,1982
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional
Permit as shown on Exhibit(s) “A”-“E” dated December 4, 1996, on file in the Car:
Planning Department, Raceway (CUP 96-14), as provided by Chapter 21.42 of the Car;
Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of December 1
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 testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 96-14.
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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 Commj
APPROVES Conditional Use Permit, CUP 96-14, 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 Elements of the City's General Plan, based on the follow,
a. Land Use - The provision of 12 facade-mounted panel antennas an
interior radio equipment room on an existing industrial office buildinf
be compatible with surrounding non-residential land uses on the site.
proposed project is consistent with the Planned Industrial (PI) General
designation and the P-M Zoning designation on the property in tha
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 i
zones subject to approval of a CUP.
b. Circulation - The proposed utility use will not generate significant additj
traffic (approximately 2 trips per month), and the street system servinl
use is adequate to handle this additional traffic.
c. Noise - The proposed use will not generate additional noise and will
interfere with airport activities, nor will the use be subject to noise im]
or frequency interference from the airport.
2. The project is consistent with the City-Wide Facilities and Improvements Plan,
applicable local facilities management plan, and all City public facility policies
ordinances since all necessary public improvements have been provided or
required as conditions of approval.
3. That the requested use is necessary or desirable for the development of the communi1
that the community benefits of wireless communications include, but are not lin
to, the following: (1) Wireless communication will improve telecommunic:
service by providing mobile voice and data transmissions; and (2) Potent
provide enhanced emergency response for police, fire and paramedic services. '
wireless communications facility has been designed to accommodate approxim:
36 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 P-I General Plan and
PC RES0 NO. 4029 -2-
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zoning designations on the site allow the location of accessory public and q
public utility uses with approval of a conditional use permit, and is not detrimen
existing uses specifically permitted in the zone in which the proposed use is locatl
that the antennas will be facade mounted on an existing roof screen painted to n
the adjacent surfaces and on the building facade behind a fiberglass screen texl
and painted to match the adjacent brick surfaces, and the equipment room w
within the building 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 u
that the antennas will be mounted on the facade of an existing roof screen an
facade of the building, and the equipment room will be within the existing build
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 v
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 1
generated by the proposed use, in that only two additional trips per month w
generated by the installation of the equipment room 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 a
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 "Raceway Cellular Facility" (CUP 96-14) dated December 4, 195
file in the Planning Department and incorporated by this reference, subject t
conditions herein set forth. Staff is authorized and directed to make, or require Devc
to make, all corrections and modifications to the Conditional Use Permit documer
necessary, to make them internally consistent and in conformity with final action (
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requi
amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state and I ordinances in effect at the time of building permit issuance.
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PC RES0 NO. 4029 -3 -
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e a
3. This Conditional Use Permit is granted for a period of five (5) years. This Condi
Use Permit shall be reviewed by the Planning Director on a yearly basis to detem
all conditions of this permit have been met and that the use does not have a subs1
negative effect on surrounding properties or the public health and welfare.
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 I
hearing, if it is found that the use has a substantial detrimental effect on surroundini
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 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 o
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.
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 office of the County Recorder, subject to the satisfactic
the Planning Director, notifying all interested parties and successors in interest thz
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4029 0.
real property owned by Pacific Industry Property Holding, Inc. Said Notic
Restriction shall note the property description, location of the file containing corn
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 termi
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 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.
7. 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 drar
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develop]
Permit and signed approved site plan.
8. The Developer/Operator shall comply with ANSIAEEE standards for EMF emiss
Within six (6) months after the issuance of occupancy, the Developer/Operator
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submit a project implementation report which provides cumulative field measureme
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
ANSI/IEEE standards. Said report shall be subject to review and approval b
Planning Director for consistency with the Project's preliminary proposal report ar
accepted ANSUIEEE standards. If on review, the City finds that the Project doc
meet ANSI/IEEE standards, the City may revoke or modify this conditional use pen
9. 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, (
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 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 facili
electromagnetic fields or other energy waves or emissions.
Fire Conditions:
10. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depart
building plans for Fire Department determination of conformance with applicable fir
life safety requirements of the state and local fire codes.
1 1. 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 Departmel.
approval prior to construction.
General Condition:
12. If any of the foregoing conditions fail to occur, or if they are, by their terms, t
implemented and maintained over time, if any of such conditions fail to b
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 c
hture building permits, deny, revoke or further condition all certificates of occup
issued under the authority of approvals herein granted, institute and prosecute litigatic
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 approv
this Conditional Use Permit.
Code Reminders:
13. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
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permit issuance, except as otherwise specifically provided herein. 2
14. Approval of this request shall not excuse compliance with all applicable sections 1
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
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15. All roof appurtenances, including air conditioners, shall be architecturally integrate
concealed from view and the sound buffered fiom adjacent properties and stre<
substance as provided in Building Department Policy No. 80-6, to the satisfaction
5 Directors of Planning and Building.
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
7 I/ Commission of the City of Carlsbad, California, held on the 4th day of December 1996 1
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following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mc
Nielsen, Noble, Savary and Welshons
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NOES: None
ABSENT: None
ABSTAIN: None
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WILLIAM COMPAS, Chaidrson
CARLSBAD PLANNING COMMISSION
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