HomeMy WebLinkAbout1998-02-04; Planning Commission; Resolution 42381
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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.
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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-
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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-
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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.
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PC RES0 NO. 4238 -4-
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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:
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CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMILER
Planning Director
PC RES0 NO. 4238 -5-