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HomeMy WebLinkAbout1997-02-19; Planning Commission; Resolution 4059-1 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. 4059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF NINE (9) FACADE-MOUNTED PANEL ANTENNAS AND SIX (6) RADIO EQUIPMENT CABINETS ON PROPERTY GENERALLY LOCATED AT 2382 FARADAY, ON THE NORTHWEST CORNER OF EL CAMINO REAL AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASENAME: CARLSBAD RESEARCH CENTER PCS FACILITY CASE NO.: CUP 96-24 WHEREAS, Cox California PCS, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by T & G Faraday, “Owner”, described as Parcel 2 of Parcel Map 16317, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit as shown on Exhibits “A”-“F” dated February 19, 1997, on file in the Car Planning Department, Carlsbad Research Center PCS (CUP 96-24), as provided by Ch 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of February 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 testir and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to CUP 96-24. ... ... I *e e 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 1 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 Pls Commission APPROVES Conditional Use Permit, CUP 96-24, based ( following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for CUP 96 in conformance with the Elements of the City’s General Plan, based on the followin; a. Land Use - The provision of nine antennas and six radio equipment cal on the facade and roof of an existing office building will be compatiblc 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 zones subject to issuance of a Conditional Use Permit. b. Circulation - The proposed utility use will not generate significant addil traffic (approximately one 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 and wil 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 Ph 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 communication 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 is essentially in harmony with the various elel and objectives of the General Plan in that the PI General Plan and C-M z( 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 detrimen PC ,RESO NO. 4059 -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 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 equir cabinets will be enclosed within a screen wall so as not to be visually intrusj incompatible. 2. That the site for the intended use is adequate in size and shape to accommodate the 1 that the antennas will be mounted on the facade of the elevator penthouse extt and the equipment cabinets will fit within the penthouse extension, screened view. 3. 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, other tha extension to the top of the elevator penthouse, to allow the proposal to be lo within the property boundaries. 4. 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. 5. That the Planning Director has determined that the project is exempt fior requirements of the California Environmental Quality Act (CEQA) pursuant to S 15303 of the State CEQA Guidelines and will not have any adverse significant in on the environment. 6. 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. I The Planning Commission does hereby APPROVE the Conditional Use Permit -f; project entitled Carlsbad Research Center PCS Facility (Exhibits “A”-“F” February 19, 1997, on file in the Planning Department and incorporated b! reference), subject to the conditions herein set forth. Staff is authorized and direc make, or require Developer to make, all corrections and modifications to the Condi Use Permit document(s), as necessary, to make them internally consistent a] conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially different this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and loc 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 Condi Use Permit shall be reviewed by the Planning Director on a yearly basis to detem PC RES0 NO. 4059 -3 - 1 .- 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 a 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 providil 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 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 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 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 pu 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 granted conditions which will eliminate or substantially reduce such effects. There is no li 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 the building permits, Developer shall submit to the City a F of Restriction to be filed in the office of the County Recorder, subject to the satisf: of the Planning Director, notifying all interested parties and successors in interest th City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4059 c real property owned by T & G Faraday, Inc.. Said Notice of Restriction shall no property description, location of the file containing complete project details ar conditions of approval as well as any conditions or restrictions specified for inclusi 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 Developer or successor in interest. 6. 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: 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 ANSIAEEE standards. Said report shall be subject to review and approval b Planning Director for consistency with the Project’s preliminary proposal report ar accepted ANSI/IEEE standards. If on review, the City finds that the Project doc meet ANSI/IEEE standards, the City may revoke or modify this conditional use pern 7. 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 Permi 1 PC RES0 NO. 4059 -4- -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 0 0 City’s approval or issuance of any permit or action, whether discretionary or discretionary, in connection with the use contemplated herein, and DeveloperlOperator’s installation and operation of the facility permitted hl including without limitation, any and all liabilities arising fiom the emission k facility of electromagnetic fields or other energy waves or emissions. 8. 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. 9. 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 Departme approval prior to construction. 10. 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 further condition all certificates of occu~ issued under the authority of approvals herein granted; institute and prosecute litigati compel their compliance with said conditions or seek damages for their violati01 vested rights are gained by Developer or a successor in interest by the City’s appro’ this Conditional Use Permit. Code Reminders: 11. This approval shall become null and void if building permits are not issued fo. project within 18 months from the date of project approval. 12. Approval of this request shall not excuse compliance with all applicable sections c Zoning Ordinance and all other applicable City ordinances in effect at time of bui permit issuance, except as otherwise specifically provided herein. 13. All roof appurtenances, including air conditions, shall be architecturally integratec concealed fiom view and the sound buffered fiom adjacent properties and stree substance as provided in Building Department Policy No. 80-6, to the satisfaction c Directors of Community Development and Planning. ... ... ... ... PC RES0 NO. 4059 -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 ~ ~ 1 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Plal Commission of the City of Carlsbad, California, held on the 19th day of February i997 E following vote, to wit: AYES: Commissioners Compas, Heineman, Monroy, Noble, Savaq Welshons NOES: None ABSENT: Chairperson Nielsen ABSTAIN: None $.< 4- ffl, e? /&4 &&$J&?/ fl 53Q1 &&-&!xe .x, I_. <&@ 8 -*B BAILEY NOB@, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. S~LZ~~ILLER Planning Director PC RES0 NO. 4059 -6-