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Home My WebLink About1998-06-03; Planning Commission; Resolution 4302e 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 PLANNING COMMISSION RESOLUTION NO. 4302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PERSONAL COMMUNICATION SERVICE FACILITY ON PROPERTY LOCATED AT 5858 EDISON PLACE IN THE CARLSBAD AIRPORT CENTER IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: INNOVATIVE TIME CASE NO.: CUP 98-06 WHEREAS, Pacific Bell Mobile Services, “Developer”, has filed a application with the City of Carlsbad regarding property owned by Mickey Nova( “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 Conditic Permit as shown on Exhibit(s) “A” -“E” dated June 3, 1998, on file in the Carlsbad E Department, INNOVATIVE TIME, CUP 98-06, as provided by Chapter 21.42 of the ( Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of June 1998 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te: and arguments, if any, of all persons desiring to be heard, said Commission considered a1 // relating to CUP 98-06. 25 26 27 A) That the foregoing recitations are true and correct. 28 Commission of the City of Carlsbad as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 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 B) That based on the evidence presented at the public hearing, the Cor APPROVES INNOVATIVE TIMES, CUP 98-06 based on the f findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the corn essentially in harmony with the various elements and objectives of the General 1 is not detrimental to existing uses specifically permitted in the zone in w proposed use is located in that, the community benefits of wireless commur include improved telecommunications service for emergency servic individuals, the use is integrated into the existing industrial building and 1 no significant changes to the site design or function, and the site's : Industrial land use designation does not preclude the provision of quas utility uses. 2. That the site for the intended use is adequate in size and shape to accommodate tk that, the antenna would be mounted on the existing building facade 1 equipment enclosure is located adjacent to the structure within the b envelope and is consistent with the applicable Carlsbad Airport Center devel standards. 3. That all the yards, setbacks, walls, fences, landscaping, and other features nece adjust the requested use to existing or permitted future uses in the neighborhooc provided and maintained in that, the wall mounted antenna are painted to m: existing building facade to reduce their visibility to the greatest extent possi the equipment cabinets would be enclosed by a solid masonry enclosure pain textured to match the existing structure. 4. That the street system serving the proposed use is adequate to properly handle a: generated by the proposed use in that, the proposed use would not generate ad! vehicle trips beyond that necessary for occasional maintenance. 5. That the Planning Director has determined that the project is exempt fx requirements of the California Environmental Quality Act (CEQA) per Section 1 the state CEQA Guidelines and will not have any adverse significant impact environment. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cor and modifications to the Conditional Use Permit docwnent(s) necessary to mal internally consistent and in conformity with final action on the project. Deve, shall occur substantially as shown in the approved Exhibits. Any proposed devel different from this approval, shall require an amendment to this approval. PC RES0 NO. 4302 -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 0 0 2. This Conditional Use Permit is granted for a period of five (5) years. This COI 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 su negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative effc Planning Director shall recommend that the Planning Commission, after provil permittee the opportunity to be heard, add additional conditions to reduce or ehm 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 surround uses and the public’s health and welfare, or the conditions imposed herein have I met. This permit may be extended for a reasonable period of time not to excl years upon written application of the permittee made no less than 90 days pric expiration date. The Planning Commission may not grant such extension, unless that there are no substantial negative effects on surrounding land uses or the health and welfare. If a substantial negative effect on surrounding land use: public’s health and welfare is found, the extension shall be denied or grant conditions which will eliminate or substantially reduce such effects. There is no the number of extensions the Planning Commission may grant. 3. The equipment cabinet enclosure shall be textured and painted to match the l 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 satisfat the Planning Director, notifying all interested parties and successors in interest City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4302 real property owned by the Developer. Said Notice of Restriction shall note the I description, location of the file containing complete project details and all condi approval as well as any conditions or restrictions specified for inclusion in the N Restriction. The Planning Director has the authority to execute and record an ame to the notice which modifies or terminates said notice upon a showing of good Ci the Developer or successor in interest. 5. The Developer shall report, in writing, to the Planning Director within 30 da address change from that which is shown on the conditional use permit application 6. The Developer/Operator shall comply with ANSUIEEE standards for EMF emJ Within six (6) months after the issuance of occupancy, the Developer/Operatc submit a project implementation report which provides cumulative field measuren: radio frequency (EMF) power densities of all antennas installed at the subject sit report shall quantify the EMF emissions and compare the results with currently ac ANSUIEEE standards. Said report shall be subject to review and approval Planning Director for consistency with the Project’s preliminary proposal report I accepted ANSUIEEE standards. If on review, the City finds that the Project dc meet ANSVIEEE standards, the City may revoke or modify this conditional use pel PC RES0 NO. 4302 -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 e 7. The Developer/Owner shall and does hereby agree to indemnify, protect, def hold harmless the City of Carlsbad, its Council members, officers, employees, ag representatives, from and against any and all liabilities, losses, damages, demand and costs, including court costs and attorney’s fees incurred by the City arising, or indirectly, from (a) City’s approval and issuance of this Conditional Use Pe City’s approval or issuance of any permit or action, whether discretionary discretionary, in connection with the use contemplated herein, : Developer/Operator’s installation and operation of the facility permitted including without limitation, any and all liabilities arising from the emissiol facility of electromagnetic fields or other energy waves or emissions. 8. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. 9. The Developer shall provide the City with a reproducible 24” x 36”, mylar cor Site Plan as approved by the final decision making body. The Site Plan shall re conditions of approval by the City. The Plan copy shall be submitted to Engineer and approved prior to building, grading, final map, or improveml submittal, whichever occurs first. 10. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving (resolution(s)) on a 24” x 36” blueline ( Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve Permit and signed approved site plan. Code Reminders: 11. This approval shall become null and void if building permits are not issued project within 18 months from the date of project approval. 12. Approval of this request shall not excuse compliance with all applicable section Zoning Ordinance and all other applicable City ordinances in effect at time of 1 permit issuance, except as otherwise specifically provided herein. 13. All roof appurtenances, including air conditions, shall be architecturally integra concealed from view and the sound buffered from adjacent properties and str substance as provided in Building Department Policy No. 80-6, to the satisfactiol Directors of Community Development and Planning. ... 1 ... .. . PC RES0 NO. 4302 -4- I c 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 Commission of the City of Carlsbad, California, held on the 3rd day of June 199t following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, lv Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: .f..F ,r=\ ,&& ;* *. -1- . +? ..._ &- .pn! ,& ~~,“~~, /f ~ <:?\ ;?,,/ ?.P ; &&[ Q+.- y 7 “,?9’ L>:,.”.;/“?”f,:4+M cc P ?, ” BAILEY NOBLE, 29 Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. ~LZMKLER ”I - Planning Director I I PC RES0 NO. 4302 -5-