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HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 40544. 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 4 e PLANNING COMMISSION RESOLUTION NO. 4054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF FOUR PANEL ANTENNAS MOUNTED ON A 25 FT. WOOD POLE WITH A ANCILLARY EQUIPMENT CABINET ON PROPERTY GENERALLY LOCATEDONTHESOUTHEASTCORNEROFALGAROAD AND EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA HIGH COMMUNICATIONS CASE NO.: CUP 96-23 WHEREAS, Pacific Bell Mobile Services, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by the Carlsbad Munj Water District, “Owner”, described as A portion of Parcel 4 of Parcel Map 10179, filed in the Office of the County Recorder of the County of San Diego, State of California, being a portion of Section 30, Township 12 South, Range 3 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Condition2 Permit as shown on Exhibits “A”- “E” dated March 5, 1997, on file in the Carlsbad Pla Department (La Costa High Communications - CUP 96-23), as provided by Chapter 21 the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of March 1997, I duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission considered all f ~ relating to CUP 96-23. 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 a e 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 96-23, based on the folll findings and subject to the following conditions: Findines: 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 four pole-mounted PCS antennas atop wood pole, and one ground-mounted equipment cabinet, will be comp with surrounding land uses on the site. The proposed project is cons with the RL (Residential Low Density) General Plan designations in th; 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 approval of a Conditional Use Permit. b. Circulation - The project is consistent with the City’s General Plan sinc proposed public utility use is consistent with the RL (Residential Density) General Plan designations specified for the site as indicated c Land Use Element of the General Plan. 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 0: 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 PCS include, but are not limited to, the followin Wireless communication will improve telecommunication service by pro, mobile voice and date transmissions; 2) Potentially provide enhanced emerg response for police, fire and paramedic services; 3) Improve voice and data ql through the use of all-digital technology, which will eliminate fading, dropping crackling that can interrupt regular wireless calls; and 4) Provide one per portable phone number for voice, voice mail, pager, data and facsimile. 4. That the requested use is essentially in harmony with the various elements and objel of the General Plan in that the General Plan and zoning designations on the site , I ~ PC RES0 NO. 4054 -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 a 0 the location of accessory public and quasi-public utility uses with approval Conditional Use Permit. 5. That the requested use is not detrimental to existing uses specifically permitted zone in which the proposed use is located, in that the equipment cabinet and pole. the addition of the PCS antennas will be screened by landscaping to reduce visi of the project from surrounding areas. 6. That the site for the intended use is adequate in size and shape to accommodate the I that the project meets all City standards and policies without the requirement variance from standards. 7. 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. To minimize potential visual im created by the project, a combination of drought-resistant shrubs will be pl: around the antenna pole to provide screening of the pole when viewed fro Fuerte Street. 8. That the street system serving the proposed use is adequate to properly handle all . generated by the proposed use, in that no significant additional traffic WI generated by the installation of the Personal Communication System equil cabinets and antennas. 9. Approval of CUP 96-23 is granted subject to the approval of the Neg Declaration. 10. The Planning Director has found that, based on the EIA Part 11, this Subsequent P was described in the MEIR 93-01 as within its scope; AND there will be no addi significant effect, not analyzed therein; AND that no new or additional mitig measures or alternatives are required; AND that therefore this Subsequent Projl within the scope of the prior EIR; and no new environmental document nor I Resources Code 21 08 1 findings are required. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit fc the project entitled “La Costa High Communications” (CUP 96-23), Exhibits “A” this reference, subject to the conditions herein set forth. Staff is authorized ar directed to make, or require Developer to make, all corrections and modifications . the Conditional Use Permit document(s), as necessary, to make them internal consistent and in conformity with final action on the project. Development shs occur substantially as shown in the approved Exhibits. Any proposed developme 66 E 77 dated March 5, 1997, on file in the Planning Department and incorporated t I ~ PC RES0 NO. 4054 -3 - II 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 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 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. TI Conditional Use Permit shall be reviewed by the Planning Director on a yearly bas to determine if all conditions of this permit have been met and that the use does n have a substantial negative effect on surrounding properties or the public health ar welfare. If the Planning Director determines that the use has such substantial negati. effects, the Planning Director shall recommend that the Planning Commission, aft providing the permittee the opportunity to be heard, add additional conditions reduce or eliminate the substantial negative effects. This permit may be revoked any time after a public hearing, if it is found that the use has a substantial detriment effect on surrounding land uses and the public’s health and welfare, or the conditio: imposed herein have not been met. This permit may be extended for a reasonab period of time not to exceed five (5) years upon written application of the permitti made no less than 90 days prior to the expiration date. The Planning Commissic may not grant such extension, unless it finds that there are no substantial negatil effects on surrounding land uses or the public’s health and welfare. If a substanti negative effect on surrounding land uses or the public’s health and welfare is founl the extension shall be denied or granted with conditions which will eliminate ( substantially reduce such effects. There is no limit to the number of extensions tl Planning Commission may grant. 4. The Developer shall report, in writing, to the Planning Director within 30 days, ar address change from that which is shown on the Conditional Use Permit application. 5. Approval of CUP 96-23 is granted subject to the approval of the Negatil Declaration. 6. Prior to the issuance of building permits, the owner shall submit to the City a Notic of Restriction to be filed in the office of the County Recorder, subject to tl satisfaction of the Planning Director, notifying all interested parties and successors interest that the City of Carlsbad has issued a Conditional Use Permit by Resolutic No. 4053 on the real property owned by the Carlsbad Municipal Water Distric Said Notice of Restriction shall note the property description, location of the fi containing complete project details and all conditions of approval as well as a conditions or restrictions specified for inclusion in the Notice of Restriction. TI Planning Director has the authority to execute and record an amendment to the notic which modifies or terminates said notice upon a showing of good cause by the own1 or successor in interest. 7. The Developer shall provide the City with a reproducible 24”x36”, mylar copy of tl Site Plan as approved by the Planning Commission. The Site Plan shall reflect tl PC RES0 NO. 4054 -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 0 conditions of approval by the City. The Plan copy shall be submitted to the Ci Engineer and approved prior to building, grading, final map or improvement pl; submittal, whichever occurs first. 8. The Developer shall include, as part of the plans submitted for any permit plan chec a reduced, legible version of the approving resolution on a 24" x 36" bluelil drawing. Said blueline drawing shall also include a copy of any applicable Coasl Development Permit and signed approved site plan. 9. The Developer/Operator shall comply with ANSUIEEE standards for EMF emissior Within six (6) months after the issuance of occupancy, and annually thereafter, t Developer/Operator shall submit a project implementation report which provid cumulative field measurements of radio frequency (EMF) power densities of ; antennas installed at the subject site. The report shall quantify the EMF emissio and compare the results with currently accepted ANSIAEEE standards. Said repc shall be subject to review and approval by the Planning Director for consistency wi the Project's preliminary proposal report and the accepted ANSI/IEEE standards. on review, the City finds that the Project does not meet ANSI/IEEE standards, tl City may revoke or modify this conditional use permit. 10. The Developer/Operator shall and does hereby agree to indemnify, protect, defer and hold harmless the City of Carlsbad, its Council members, officers, employee agents, and representatives, from and against any and all liabilities, losses, damage demands, claims and costs, including court costs and attorney's fees incurred by tl City arising, directly or indirectly, from (a) City's approval and issuance of th Conditional Use Permit, (b) City's approval or issuance of any permit or actio whether discretionary or non-discretionary, in connection with the use contemplatt herein, and (c) Developer/Operator's installation and operation of the facili permitted hereby, including without limitation, any and all liabilities arising from tl emission by the facility of electromagnetic fields or other energy waves or emissions 1 1. The Developer shall prepare a detailed landscape and irrigation plan in conformant with the approved Preliminary Landscape Plan and the City's Landscape Manua The plans shall be submitted to and approval obtained from the Planning Directc prior to the approval of the grading permit or building permit, whichever occurs firs The Developer shall construct and install all landscaping as shown on the approvc plans, and maintain all landscaping in a healthy and thriving condition, free fro weeds, trash and debris. 12. The detailed landscape and irrigation plan shall include drought resista~ shrubs in sufficient number and of appropriate type to provide screening of tl antenna poles when viewed from El Fuerte. ... I I I ... PC RES0 NO. 4054 -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 e e Fire: 13. Prior to issuance of Building Permits, the Developer shall submit to the Fi Department building plans for Fire Department determination of conformance wi applicable fire and life safety requirements of the state and local fire codes. 14. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fi sprinklers systems and other fire protection systems shall be submitted to the Fi: Department for approval prior to construction. General: 15. If any of the foregoing conditions fail to occur, or if they are, by their terms, to 1 implemented and maintained over time, if any of such conditions fail to be I implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted, deny or further condition issuance all future building permits, deny, revoke or further condition all certificates occupancy issued under the authority of approvals herein granted, institute a1. prosecute litigation to compel their compliance with said conditions or seek damagc for their violation. No vested rights are gained by Developer or a successor in intere by the City's approval of this Conditional Use Permit. Code Reminders: 16. This approval shall become null and void if building permits are not issued for th project within 18 months from the date of project approval. 17. Approval of this request shall not excuse compliance with all applicable sections I the Zoning Ordinance and all other applicable City ordinances in effect at time t building permit issuance, except as otherwise specifically provided herein. 18. All landscape and irrigation plans shall be prepared to conform with the Landscar Manual and submitted per the landscape plan check procedures on file in the Plannin Department. ... ... . .. i I ... .. . ... PC RES0 NO. 4054 -6- 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 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 5th day of March 1997 1 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Hein Monroy, Noble, Savary and Welshons NOES: None AB SENT: None ABSTAIN: None ,@<-fl;9* __ -$F;s-&=-.<~ ,:” 7” -1 /-” #,? ,i _c p-“<.,, I .””“’ < /;5 : 2 ,..Tza,a=,-.L-.- I ,>._. , . ” I’ . 2 ROBERT NIELSEN, Chairperson ._”,%. CARLSBAD PLANNING COMMISSION ATTEST: U MICHAEL J. HOLZMIL~~R Planning Director PC RES0 NO. 4054 -7-