HomeMy WebLinkAbout1997-08-20; Planning Commission; Resolution 4156” ll 0 e
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PLANNING COMMISSION RESOLUTION NO. 4156
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
AND TWO CELLULAR PANEL ANTENNAS MOUNTED ON
A 55’ HIGH MONOPOLE ON PROPERTY GENERALLY
LOCATED AT 850 TAMARACK AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GERICO COMMUNICATIONS SITE
CASE NO: CUP 97-08
INSTALLATION OF AN AT-GRADE EQUIPMENT BUILDING
WHEREAS, AirTouch Cellular, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by Gerico’s, a California Ge
Partnership described as
Lot 2 of Tamarack Plaza, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No.
5944, filed in the office of the County Recorder of San Diego
County, August 23,1967.
(“the Property”); and
WHEREAS, said verified application constitutes a Conditional Use Pern
shown on Exhibits “A”-“C” dated August 20, 1997, on file in the Carlsbad Pla
Department, Gerico Communication Site, CUP 97-08, as provided by Chapter 21.42 (
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of August 1997
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testil
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to CUP 97-08.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
i ’ Commission of the City of Carlsbad as follows:
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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 97-08, based on the follc
findings and subject to the following conditions:
Findings:
1. That the requested use is a) necessary or desirable for the development of the corn
b) is essentially in harmony with the various elements and objectives of the General
and c) is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that: a) wireless communications facilities provid
region with telecommunications services now commonly used by the general pl
b) the proposed wireless communication facility is in conformance with the Ge
Plan Land Use Element goals for commercial development in that it provide
the telecommunications service needs of local residents as well as the trav
public within a commercial development; c) the quasi-utility use is not detrim
to existing uses specifically permitted in the C-2 zone in that it is permitted i~
zone upon approval of a conditional use permit and is compatible with the exi
restaurant use located at the site;
2. That the site for the intended use is adequate in size and shape to accommodate the u
that the monopole and equipment structure are located to the rear of thr
adjacent to the existing Gerico’s Restaurant loading and service entry where thr
not conflict with the proper functioning of the commercial site;
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that it is located adjacent to the 1-5 freeway withi
existing freeway service facility containing a combination of 40’ to 50’ high
standards, palm trees, utility lines, and freeway service pole signs which par
screen and obscure the monopole with panel antennas and equipment struc
from surrounding uses.
4. That the street system serving the proposed use is adequate to properly handle all b
generated by the proposed use, in that the use would not generate additional tr
beyond that necessary for occasional maintenance.
Conditions:
Planning:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit fo
project entitled Gerico Communications Site (Exhibits “A”-“C” dated Augusl
1997 on file in the Planning Department and incorporated by this reference, subject tl
conditions herein set forth). Staff is authorized and directed to make, or rec
Developer to make, all corrections and modifications to the Conditional Use Pt
PC RES0 NO. 4156 -2-
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document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown i
approved Exhibits. Any proposed development substantially different from this appl
shall require an amendment to this approval.
2. This Conditional Use Permit is granted for a period of five (5) years from Augus
1997 to August 20, 2002. This Conditional Use Permit shall be reviewed b:
Planning Director on a yearly basis to determine if all conditions of this permit have
met and that the use does not have a substantial negative effect on surrounding prop
or the public health and welfare. If the Planning Director determines that the us(
such substantial negative effects, the Planning Director shall recommend thal
Planning Commission, after providing the permittee the opportunity to be heard,
additional conditions to reduce or eliminate the substantial negative effects. This PI
may be revoked at any time after a public hearing, if it is found that the use lr
substantial detrimental effect on surrounding land uses and the public’s health
welfare, or the conditions imposed herein have not been met. This permit ma
extended for a reasonable period of time not to exceed five years upon WT
application of the permittee made no less than 90 days prior to the expiration date.
Planning Commission may not grant such extension, unless it finds that there ar
substantial negative effects on surrounding land uses or the public’s health and we1
If a substantial negative effect on surrounding land uses or the public’s health and we
is found, the extension shall be denied or granted with conditions which will elimina
substantially reduce such effects. There is no limit to the number of extension:
Planning Commission may grant.
3. The equipment cabinet enclosure shall be textured and painted to match the exia
structure and the monopole shall be designed to function as a flag pole suppor
an American Flag which is maintained in accordance with generally acce:
principles for the care and use of the American Flag.
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 satisfactio
the Planning Director, notifying all interested parties and successors in interest thai
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4156 or
real property owned by the Developer. Said Notice of Restriction shall note the pror
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 amendn
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 emissic
Within six (6) months after the issuance of occupancy, the Developer/Operator s
PC RES0 NO. 4156 -3 -
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submit a project implementation report which provides cumulative field measuremel
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 accc
ANSIDEEE standards. Said report shall be subject to review and approval b!
Planning Director for consistency with the Project’s preliminary proposal report an
accepted ANSUIEEE standards. If on review, the City finds that the Project doe
meet ANSIDEEE standards, the City may revoke or modify this conditional use pem
7. The Developer/Owner shall and does hereby agree to indemnify, protect, dei
and hold harmless the City of Carlsbad, its Council members, officers, emplo:
agents, and representatives, from and against any and all liabilities, losses, dam:
demands, claims and costs, including court costs and attorney’s fees incurred b!
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.
9. Prior to approval of building permits and/or installation of antenna panels or equipr
facilities, the Developer shall receive approval of a Coastal Development Permit is;
by the California Coastal Commission or its successor in interest, that substant
conforms to this approval. A signed copy of the Coastal Development Permit mus
submitted to the Planning Director. If the approval is substantially different,
amendment to CUP 97-08 shall be required.
EnrrineerinP:
Note: Unless specifically stated in the condition, the following engineering condition, upon
approval of this proposed conditional use permit, must be met prior to approval of any builc
permit for the project.
10. Prior to hauling dirt or construction materials to or from the site, the applicant s
submit to and receive approval fi-om the City Engineer for the proposed haul route.
applicant shall comply with all conditions and requirements the City Engineer r
impose with regards to the hauling operation.
Code Reminders:
11. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
I 11 PC RES0 NO. 4156 -4-
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1 12. Approval of this request shall not excuse compliance with all applicable sections a
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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 integrated
substance as provided in Building Department Policy No. 80-6, to the satisfaction o
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Directors of Community Development and Planning. 5
concealed fiom view and the sound buffered from adjacent properties and street
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7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan
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following vote, to wit: 9
Commission of the City of Carlsbad, California, held on the 20th day of August 1997, b:
10 AYES: Chairperson Nielsen, Commissioners Heineman and Savary
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NOES: Commissioner Welshons
ABSENT: Commissioners Compas, Monroy and Noble
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CAIUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
1 PC RES0 NO. 4156 -5-