HomeMy WebLinkAbout1999-04-07; Planning Commission; Resolution 4475# I1 0 0
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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.
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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-
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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.
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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 -
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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.
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15. The developer shall pay all current fees and deposits required.
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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.
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PC RES0 NO. 4475 -5-
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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-