HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 43771 4 I
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 9
PLANNING COMMISSION RESOLUTION NO. 4377
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO INSTALL WIRELESS
TELECOMMUNICATION SYSTEM ANTENNAS ON THE
EXISTING SAFETY CENTER BUILDING ON PROPERTY
GENERALLY LOCATED EAST OF ORION WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CARLSBAD SAFETY CENTER TELECOM
CASE NO.: CUP 98-10
WHEREAS, Cox Communications, “Developer”, has filed a verified apr
with the City of Carlsbad regarding property owned by the City of Carlsbad, ‘7
described as
A portion of Lot “B” of Rancho Agua Hedionda, Map No.
11573 in the City of Carlsbad, County of San Diego.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as shown on Exhibits “A”-“F” dated September 2, 1998, on file in the (
Planning Department, CARLSBAD SAFETY CENTER TELECOM, CUP 98-10, as r
by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembc
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
( 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
B) That based on the evidence presented at the public hearing, the Com
APPROVES CARZSBAD SAFETY CENTER TELECOM, CUP
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the comm
essentially in harmony with the various elements and objectives of the General P
is not detrimental to existing uses specifically permitted in the zone in wk
proposed use is located, in that the proposed wireless telecommunication a1
and related ground level equipment will provide a necessary service of
phone network coverage for the city and area around Carlsbad using th
technology. Furthermore, the proposed location of the antennas on the
Center’s building face will not impact the daily function of the Safety Cente
ability to provide safety services from the site, therefore, the project
consistent with the General Plan including the site’s general plan design:
Governmental Facilities.
2. That the site for the intended use is adequate in size and shape to accommodate th
that the proposed siting for the antennas is on an existing building so that th
be no additions to the physical layout of the Safety Center building. The 272
foot area provided in the rear of the building for ground level equipment anc
source storage is also accommodated on site and can be considered incidenl
it will not impact or reduce required parking spaces, setback areas or
landscaping.
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 antennas have been designed to be “ste;
that they will blend visually into the existing building’s color and texture
regards to the ground level equipment area, a six foot high stucco screen v
enclose the area which itself is located on the rear of the Safety Center builc
of view from public streets (Orion Way) and parking lot areas.
4. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the proposed project will not gener
traffic to the site other than occasional maintenance and monitoring
Communications personnel.
5. The Planning Commission has reviewed each of the exactions imposed on the D8
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
PC RES0 NO. 4377 -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
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Conditional Use Permit document(s) necessary to mal
internally consistent and in conformity with final action on the project. Devel
shall occur substantially as shown in the approved Exhibits. Any proposed devel
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, cu
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, def
hold harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, from and against any and all liabilities, losses, damages, demands
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 Pel
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, a
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emission
facility of electromagnetic fields or other energy waves or emissions.
4. This Conditional Use Permit is granted for a period of five (5) years. This Cor
Use Permit shall be reviewed by the Planning Director on a yearly basis to dete
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 efft
Planning Director shall recommend that the Planning Commission, after provil
permittee the opportunity to be heard, add additional conditions to reduce or elim:
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 1
met. This permit may be extended for a reasonable period of time not to exc
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 granr
conditions which will eliminate or substantially reduce such effects. There is no
the number of extensions the Planning Commission may grant.
5. The Developer shall report, in writing, to the Planning Director within 30 d,
address change from that which is shown on the conditional use permit applicatio
...
PC RES0 NO. 4377 -3 -
I( 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
6. The Developer/Operator shall comply with ANSIDEEE standards for EMF en
Within six (6) months after the issuance of occupancy, the Developer/Opera
submit a project implementation report which provides cumulative field measure:
radio frequency (EMF) power densities of all antennas installed at the subject s
report shall quantify the EMF emissions and compare the results with currently
ANSIAEEE standards. Said report shall be subject to review and approva:
Planning Director for consistency with the Project’s preliminary proposal report
accepted ANSUIEEE standards. If on review, the City finds that the Project (
meet ANSI/IEEE standards, the City may revoke or modify this conditional use p
7. Developer, prior to issuance of a building permit, shall enter into, and th
maintain in good standing, a license andlor franchise or with the City for us1
access to the project site.
Code Reminders:
8. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
9. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
10. All roof appurtenances, including air conditioners, shall be architecturally integr,
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” I
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these fees/exactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man,
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p:
zoning, grading or other similar application processing or service fees in connection P
PC RES0 NO. 4377 -4-
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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September, 19.
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
Monroy
@
$7 ""-.; #+*
&? $4 j<
,> J +A3&J~;cq4t,49 1 y" ?:
BAILEY NOB$&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO%MILYER
Planning Director
PC RES0 NO. 4377 -5-