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HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4475# I1 0 0 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 PLANNING COMMISSION RESOLUTION NO. 4475 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 6994 EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NO.: CUP 98-19 WHEREAS, Cox Communications PCS, LP, “Developer”, has filed a application with the City of Carlsbad regarding property owned by West Bluff Associal A Utah partnership, “Owner”, described as CASE NAME: ALGA ROAD - COX COMMUNICATIONS A portion of Parcel 2 of Parcel Map No. 9043, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 14,1979, as file no. 79-304715 of official records. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditic Permit as shown on Exhibits “A”-“C” dated April 7, 1999, on file in the Carlsbad I Department, ALGA ROAD - COX COMMUNICATIONS, CUP 98-19, as provj Chapter 2 1.42 andor 2 1.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 1999 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 all relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 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 Con on the following findings and subject to the following conditions: APPROVES ALGA ROAD - COX COMMUNICATIONS, CUP 98-1 Findinys: 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 F is not detrimental to existing uses specifically permitted in the zone in wl proposed use is located, in that the community benefits of wireless commun include improved telecommunications service for emergency servic individuals; the use is integrated into the existing commercial building and 1 no significant changes to the site design or function; and, the site’s Commerc use designation does not preclude the provision of quasi-public utility uses. 2. That the site for the intended use is adequate in size and shape to accommodate th that the antenna would be mounted on the existing buildings south, east, a! elevations and on an added architectural dormer element, and the eql enclosure is located adjacent to the structure within the buildable envelopr consistent with the commercial development 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 neighborhood provided and maintained, in that the architectural domer element and wall n antennas are painted to match the existing building facade to reduce their v to the greatest extent possible and the ground mounted equipment cabinet! be enclosed by a wrought iron fence painted to match the existing fencing. 4. That the street system serving the proposed use is adequate to properly handle a1 generated by the proposed use, in that the proposed use would not generate adc vehicle trips beyond that necessary for occasional maintenance. 5. The Planning Commission has reviewed each of the exactions imposed on the De contained in this resolution, and hereby finds, in this case, that the exactions are i to mitigate impacts caused by or reasonably related to the project, and the extent degree of the exaction is in rough proportionality to the impact caused by the projc 6. That the Planning Director has determined that the project is exempt fr. the state CEQA Guidelines and will not have any adverse significant impact environment. ~ requirements of the California Environmental Quality Act (CEQA) per Section l! Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all con and modifications to the Conditional Use Permit document(s) necessary to mal PC RES0 NO. 4475 -2- 0 0 1 2 3 4 5 6 7 8 9 10 internally consistent and in conformity with final action on the project. Dev shall occur substantially as shown in the approved Exhibits. Any proposed dev different from this approval, shall require an amendment to this approval. 2. This Conditional Use Permit shall be reviewed by the Planning Director on a ye2 to determine if all conditions of this permit have been met and that the use does a substantial negative effect on surrounding properties or the public health and WI the Planning Director determines that the use has such substantial negative ef Planning Director shall recommend that the Planning Commission, after provj 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 met. If a substantial negative effect on surrounding land uses or the public’s hc welfare is found, the permit shall be denied or granted with conditions WE eliminate or substantially reduce such effects. 11 3. The architectural domer element shall be textured and painted to match the 12 structure and the roof shall be tiled with roof tile of the similar shape and the existing structure. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Developer shall apply for and obtain an amendment to the existing sign pro: establish provisions preventing placement of any signs or graphic material dormer feature, prior to building permit issuance. 5. Prior to the issuance of building permits, Developer shall submit to the City a P Restriction to be filed in the office of the County Recorder, subject to the satisfi the Planning Director, notifylng all interested parties and successors in interest City of Carlsbad has issued a Conditional Use Permit by Resolution No. 447! 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 am€ to the notice which modifies or terminates said notice upon a showing of good c the Developer or successor in interest. 6. 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 7. The Developer/Operator shall comply with ANSUIEEE standards for EMF em 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 si1 report shall quantify the EMF emissions and compare the results with currently ac ANSIAEEE standards. Said report shall be subject to review and approval Planning Director for consistency with the Project’s preliminary proposal report accepted ANSIiIEEE standards. If on review, the City finds that the Project dl meet ANSUIEEE standards, the City may revoke or modify this conditional use pe 11 PC RES0 NO. 4475 -3 - 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 8. The Developer/Owner shall and does hereby agree to indemnify, protect, de6 hold harmless the City of Carlsbad, its Council members, officers, employees, agl 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, 2 Developer/Operator’s installation and operation of the facility permitted including without limitation, any and all liabilities arising fi-om the emissioI facility of electromagnetic fields or other energy waves or emissions. 9. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance. 10. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop 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 1 Engineer and approved prior to building, grading, final map, or improveml submittal, whichever occurs first. 11. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolution on a 24” x 36” blueline drawi~ 12. Approval of CUP 98-19 is granted subject to the approval of SUP 99-02. CUP ’ subject to all conditions contained in Planning Commission Resolution No. 451l Special Use Permit. General: 13. If any of the foregoing conditions fail to occur; or if they are, by their term implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or further condition all certificates of OCI issued under the authority of approvals herein granted; institute and prosecute lit& compel their compliance with said conditions or seek damages for their viola1 vested rights are gained by Developer or a successor in interest by the City’s app this Conditional Use Permit. 24 II Code Reminders: 25 I/ 14. This approval shall become null and void if building permits are not issued project within 18 months from the date of project approval. 26 27 28 15. The developer shall pay all current fees and deposits required. 11 PC RES0 NO. 4475 -4- a 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 16. Approval of this request shall not excuse compliance with all applicable sectiol Zoning Ordinance and all other applicable City ordinances in effect at time of permit issuance, except as otherwise specifically provided herein. 17. All roof appurtenances, including air conditions, shall be architecturally integr concealed from view and the sound buffered from adjacent properties and si 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” dedications, reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” You have 90 days from April 7, 1999 to protest imposition of these feedexactions. 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 F project; NOR DOES IT APPLY to any fees/exactions of which you have previously bet a NOTICE similar to this, or as to which the statute of limitations has previously o expired. ... .. . ... ... ... ... ~ *-. I **. ... PC RES0 NO. 4475 -5- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 7th day of April, 19s following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: COURTNEY E. HE&AN, Chairperson CAJXLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4475 -6-