HomeMy WebLinkAbout1997-07-16; Planning Commission; Resolution 4135C
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
PLANNING COMMISSION RESOLUTION NO. 4135
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A PCS FACILITY
ON PROPERTY GENERALLY LOCATED AT 5858 EDISON
PLACE IN THE CARLSBAD AIRPORT CENTER IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: SOUTH PALOMAR PCS FACILITY
CASE NO.: CUP 96-25
WHEREAS, Cox Communications PCS, L.P., “Developer”, has filed a ver:
application with the City of Carlsbad regarding property owned by Mickey Novac TI
“Owner”, described as
Parcel 2 of Parcel Map 15687 in the City of Carlsbad, County
of San Diego, State of California, filed in the office of the
County Recorder of San Diego County, on May 30, 1989, as
Filepage No. 89-283195 of official records.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional
Permit as shown on Exhibit(s) “A” -“G” dated July 16, 1997, on file in the Carlsbad Plam
Department, CUP 96-25, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of July 1997, hc
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 fac
relating to CUP 96-25.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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
e 0
B) That based on the evidence presented at the public hearing, the Commis
APPROVES Conditional Use Permit CUP 96-25, based on the follol
findings and subject to the following conditions:
Findings:
1. That the requested use is: a) necessary and desirable for the development of
community in that the community benefits of wireless communications include imprc
telecommunications service for emergency services and individuals; b) consistent
the General Plan in that the Planned Industrial land use designation does not precludc
provision of quasi-public utility uses; and c) not detrimental to permitted uses in the I:
zone in that the use is integrated into the existing industrial building and require:
significant changes to the site design or function;
2. That the site for the intended use is adequate in size and shape to accommodate the us
that the antenna would be mounted on the existing building facade and the 7’ x
equipment enclosure is located adjacent to the structure within the buildable envelope
is consistent with the applicable Carlsbad Airport Center development standards;
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessar
adjust the requested use to existing or permitted fbture uses in the neighborhood wi
provided and maintained in that the wall mounted antenna are painted to match
existing building facade to reduce their visibility to the greatest extent possible an(
equipment cabinets would be enclosed by a solid masonry enclosure painted and text
to match the existing structure;
4. That the street system serving the proposed use is adequate to properly handle all tr;
generated by the proposed use in that the proposed use would not generate additi
vehicle trips beyond that necessary for occasional maintenance.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit fol
project entitled South Palomar PCS Facility - CUP 96-25 (Exhibit(s) “A”-“G” d
July 16, 1997, on file in the Planning Department and incorporated by this refere
subject to the conditions herein set forth.) Staff is authorized and directed to makc
require Developer to make, all corrections and modifications to the Conditional
Permit document(s), as necessary, to make them internally consistent and in confon
with final action on the project. Development shall occur substantially as shown in
approved Exhibits. Any proposed development substantially different from this apprc
shall require an amendment to this approval.
2. This Conditional Use Permit is granted for a period of five (5) years. This Conditil
Use Permit shall be reviewed by the Planning Director on a yearly basis to detemir
all conditions of this permit have been met and that the use does not have a substa
negative effect on surrounding properties or the public health and welfare. If
PC RES0 NO. 4135 -2-
r a *
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
Planning Director determines that the use has such substantial negative effects,
Planning Director shall recommend that the Planning Commission, after providine
permittee the opportunity to be heard, add additional conditions to reduce or eliminat
substantial negative effects. This permit may be revoked at any time after a p1
hearing, if it is found that the use has a substantial detrimental effect on surrounding
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
years upon written application of the permittee made no less than 90 days prior tc
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 pub
health and welfare. If a substantial negative effect on surrounding land uses 01
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 lirr
the number of extensions the Planning Commission may grant.
3. The equipment cabinet enclosure shall be textured and painted to match the exiz
structure.
4. Prior to the issuance of building permits, Developer shall submit to the City a Notic
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 tha
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4135 01
real property owned by the Developer. Said Notice of Restriction shall note the pro]
description, location of the file containing complete project details and all conditior
approval as well as any conditions or restrictions specified for inclusion in the Notic
Restriction. The Planning Director has the authority to execute and record an amend1
to the notice which modifies or terminates said notice upon a showing of good caus
the Developer or successor in interest.
5. 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.
6. The Developer/Operator shall comply with ANSIAEEE standards for EMF emissj
Within six (6) months after the issuance of occupancy, the Developer/Operator
submit a project implementation report which provides cumulative field measuremen
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 acce
ANSUIEEE standards. Said report shall be subject to review and approval by
Planning Director for consistency with the Project’s preliminary proposal report and
accepted ANSI/IEEE standards. If on review, the City finds that the Project does
meet ANSI/IEEE standards, the City may revoke or modify this conditional use permi
7. The Developer/Owner shall and does hereby agree to indemnify, protect, def
and hold harmless the City of Carlsbad, its Council members, officers, emploj
agents, and representatives, from and against any and all liabilities, losses, dams
demands, claims and costs, including court costs and attorney’s fees incurred bj
PC RES0 NO. 4135 -3-
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 arising, directly or indirectly, from (a) City’s approval and issuance of
Conditional Use Permit, (b) City’s approval or issuance of any permit or ac
whether discretionary or non-discretionary, in connection with the
contemplated herein, and (c) Developer/Operator’s installation and operation oJ
facility permitted hereby, including without limitation, any and all liabilities ari
from the emission by the facility of electromagnetic fields or other energy wavt
emissions.
8. The Developer shall comply with all applicable provisions of federal, state, and 1
ordinances in effect at the time of building permit issuance.
Code Reminders:
9. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
10. Approval of this request shall not excuse compliance with all applicable sections o!
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
11. All roof appurtenances, including air conditions, shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street:
substance as provided in Building Department Policy No. 80-6, to the satisfaction ol
Directors of Community Development and Planning.
...
...
...
...
...
...
...
PC RES0 NO. 4135 -4-
I
1
2
3
4
5
6
7
8
9
10
11
12
a a
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan
Commission of the City of Carlsbad, California, held on the 16th day of July 1997, b5
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heinex
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: .None .( ,.+- .-. . IS
&&* &5*T/ ,.;” -. ”.
/-’- dey””4>. i>& Q ,f ’9 -b+
I ,,,+ !! / %LJ.&$se=-”=”-xi
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
\ - MICHAEL J. HOLZM~~ER
Planning Director
PC RES0 NO. 4135 -5-