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HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 42381 L 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 * PLANNING COMMISSION RESOLUTION NO. 4238 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PAGING SYSTEM TELECOMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED AT 760 MACADAMIA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: PAGENET TRAVELODGE FACILITY CASE NO.: CUP 97-02 WHEREAS, PageNet, Inc. “Developer”, has filed a verified applicatior City of Carlsbad regarding property owned by John M. Tohidi, “owner”, described as Lots 9 and 10 of Carlsbad Tract No. 81-05, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10899, filed in the Office of the County Recorder of San Diego County, April 11,1984. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditj Permit as shown on Exhibit(s) “A” - “D” dated February 4, 1998, on file in the Planning Department, PAGENET TRAVELODGE FACILITY CUP 97-02, as prc Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Februay 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 t and arguments, if any, of all persons desiring to be heard, said Commission considered e relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ... L 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 B) That based on the evidence presented at the public hearing, the Co APPROVES PAGENET TRAVELODGE FACILITY CUP 97-02, the following findings and subject to the following conditions: Findings: 1. That the requested use is: a) necessary and desirable for the developme- community in that the community benefits of wireless communications improved telecommunications service for emergency services and indivic consistent with the General Plan in that the Travel Recreation (T-R) designation does not preclude the provision of quasi-public utility uses; a1 detrimental to permitted uses in the C-2 zone in that the use is integrated existing commercial building and requires no significant changes to the si or function; 2. That the site for the intended use is adequate in size and shape to accommodate t that the antenna would be roof mounted on the existing building and the ec room would be located within an existing structure; 3. That all the yards, setbacks, walls, fences, landscaping, and other features nec adjust the requested use to existing or permitted future uses in the neighborhoo provided and maintained in that the roof mounted antenna are screened by and proposed parapets which are designed to enhance the architectural ( the existing structure, and both the existing structure and proposed roof antenna are in compliance with all applicable SP 186 development standard 4. That the street system serving the proposed use is adequate to properly handle generated by the proposed use in that the proposed use would not generate ac vehicle trips beyond that necessary for occasional maintenance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Conditional Use Permit document(s) necessary to m: internally consistent and in conformity with final action on the project. Devl shall occur substantially as shown in the approved Exhibits. Any proposed devj different from this approval shall require an amendment to this approval. 2. This Conditional Use Permit is granted for a period of five (5) years. This CG Use Permit shall be reviewed by the Planning Director on a yearly basis to detc all conditions of this permit have been met and that the use does not have a ST negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative eff Planning Director shall recommend that the Planning Commission, after prov: permittee the opportunity to be heard, add additional conditions to reduce or elirr PC RES0 NO. 4238 -2- 0 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 substantial negative effects. This permit may be revoked at any time after hearing, if it is found that the use has a substantial detrimental effect on surroun uses and the public’s health and welfare, or the conditions imposed herein have met. This permit may be extended for a reasonable period of time not to ex years upon written application of the permittee made no less than 90 days pr expiration date. The Planning Commission may not grant such extension, unle! that there are no substantial negative effects on surrounding land uses or thc health and welfare. If a substantial negative effect on surrounding land us public’s health and welfare is found, the extension shall be denied or gra conditions which will eliminate or substantially reduce such effects. There is n the number of extensions the Planning Commission may grant. 3. The roof parapet proposed to be revised shall be designed, textured, and p match the existing parapets and structure. 4. Prior to the issuance of building permits, Developer shall submit to the City a Restriction to be filed in the office of the County Recorder, subject to the satis: the Planning Director, notifying all interested parties and successors in interes City of Carlsbad has issued a Conditional Use Permit by Resolution No. 42: real property owned by the Developer. Said Notice of Restriction shall note the description, location of the file containing complete project details and all conc approval as well as any conditions or restrictions specified for inclusion in the Restriction. The Planning Director has the authority to execute and record an an to the notice which modifies or terminates said notice upon a showing of good the Developer or successor in interest. 5. The Developer/Owner shall and does hereby agree to indemnify, protect, and hold harmless the City of Carlsbad, its Council members, officers, en agents, and representatives, from and against any and all liabilities, losses, c demands, claims and costs, including court costs and attorney’s fees incurrc City arising, directly or indirectly, from (a) City’s approval and issuanc Conditional Use Permit; (b) City’s approval or issuance of any permit o whether discretionary or non-discretionary, in connection with contemplated herein; and (c) Developer/Operator’s installation and operati facility permitted hereby, including without limitation, any and all liabilitie from the emission by the facility of electromagnetic fields or other energy emissions. 6. The Developer shall report, in writing, to the Planning Director within 30 C address change from that which is shown on the conditional use permit applicatic 7. The Developer/Operator shall comply with ANWIEEE standards for EMF e: Within six (6) months after the issuance of occupancy, the Developer/Oper: submit a project implementation report which provides cumulative field measurc radio frequency (EMF) power densities of all antennas installed at the subject : report shall quantify the EMF emissions and compare the results with currently PC RES0 NO. 4238 -3- b e e 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 ANSI/IEEE standards. Said report shall be subject to review and approvz Planning Director for consistency with the Project’s preliminary proposal repol accepted ANSIAEEE standards. If on review, the City finds that the Project meet ANSI/IEEE standards, the City may revoke or modify this conditional use 1 8. The Developer shall comply with all applicable provisions of federal, state, ordinances in effect at the time of building permit issuance. 9. Approval of CUP 97-02 is granted subject to the approval of CDP 98-02. CUE subject to all conditions contained in Reso. No. 4239 for CDP 98-02. Code Reminders: 10. This approval shall become null and void if building permits are not issue( project within 18 months from the date of project approval. 11. Approval of this request shall not excuse compliance with all applicable sectio Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. 12. All roof appurtenances, including air conditions, shall be architecturally integl concealed from view and the sound buffered fiom adjacent properties and s substance as provided in Building Department Policy No. 80-6, to the satisfacti Directors of Community Development and Planning. ... .. . ... ... ... ... ... ... PC RES0 NO. 4238 -4- I t 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of February, 19 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, I Nielsen, Salvary, and Welshons NOES: ABSENT: ABSTAIN: .. CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMMILER Planning Director PC RES0 NO. 4238 -5-