HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4669. 0 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
PLANNING COMMISSION RESOLUTION NO. 4669
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
GENERALLY LOCATED AT 3557 MONROE STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NO.: CUP 99-14
WHEREAS, Pacific Bell Wireless (PBW), “Developer”, has filed a veril
application with the City of Carlsbad regarding property owned by Carlsbad Unified Sch
District, “Owner”, described as
CASE NAME: CARLSBAD HIGH SCHOOL - SD 295-01
Portions of Tracts 248 and 249 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof Number 1681, filed in the Office of the County Recorder of
San Diego County, December 9,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional 1
Permit as shown on Exhibit(s) “A”- “F” dated November 17, 1999, on file in the Carlsl
Planning Department, CARLSBAD HIGH SCHOOL - SD 295-01 - CUP 99-14, as provil
by Chapter 2 1.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November, 19
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 testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
relating to the Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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
II
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES CARLSBAD HIGH SCHOOL - SD 295-01 - CUP 99-14, ba
on the following findings and subject to the following conditions:
Findinm:
1. That the requested use is necessary or desirable for the development of the cornmunit4
essentially in harmony with the various elements and objectives of the General Plan, ;
is not detrimental to existing uses specifically permitted in the zone in which
proposed use is located, in that the community benefits of wireless communicatic
include improved telecommunications service for emergency services a
individuals; the use is integrated into the existing light standard and requires
significant changes to the site design or function; and, the site’s high school land I
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 the use:
that the antenna would be mounted on a proposed replacement light standard a
the equipment enclosure is located in a sloped grass landscape area.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that the antennas are painted to match the light stands
and the base transceiver station (BTS) is within a screened equipment enclosure a
located a distance from public view and is not readily visible.
4. That the street system serving the proposed use is adequate to properly handle all traf
generated by the proposed use, in that the proposed use would not generate additior
vehicle trips beyond that necessary for occasional maintenance.
5. The Planning Commission has reviewed each of the exactions imposed on the Develol
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and 1
degree of the exaction is in rough proportionality to the impact caused by the project.
6. That the Planning Director has determined that the project belongs to a class of proje
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15303, installation of sm,
new equipment and facilities in small structures, of the state CEQA Guidelines.
making this determination, the Planning Director has found that the exceptions listed
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
7. The Planning Commission has reviewed each of the exactions imposed on the Develor
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and t
degree of the exaction is in rough proportionality to the impact caused by the project.
...
PC RES0 NO. 4669 -2-
0 e
I
2
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build
3 permit issuance.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupal
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approva
this Conditional Use Permit.
I 2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Conditional Use Permit documents, as necessary to make th
internally consistent and in conformity with the final action on the project. Developm
shall occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the pap(
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projl
are challenged, this approval shall be suspended as provided in Government Code Secti
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a
representatives, from and against any and all liabilities, losses, damages, demands, clai1
and costs, including court costs and attorney’s fees incurred by the City arising, direcl
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (
City’s approval or issuance of any permit or action, whether discretionary or nc
discretionary, in connection with the use contemplated herein, and i
Developer/Operator’s installation and operation of the facility permitted here?
including without limitation, any and all liabilities arising from the emission by t
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the City a reproducible 24” x 36”, mylar copy of the SJ
Plan reflecting the conditions approved by the final decision making body.
27
28
7. Prior to the issuance of a building permit, the Developer shall provide proof to tl
provide school facilities.
Director from the affected school district that this project has satisfied its obligation
PC RES0 NO. 4669 -3-
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
I
I
0 a
8. This project shall comply with all conditions and mitigation measures which are requj
as part of the Zone 1 Local Facilities Management Plan and any amendments madt
that Plan prior to the issuance of building permits.
9.
a. This Conditional Use Permit shall be reviewed by the Planning Director on a ye;
basis to determine if all conditions of this permit have been met and that the use d
not have a substantial negative effect on surrounding properties or the public he
and welfare. If the Planning Director determines that the use has such substar
negative effects, the Planning Director shall recommend that the Planr
Commission, after providing the permittee the opportunity to be heard, add additic
conditions to reduce or eliminate the substantial negative effects.
b. This Conditional Use Permit is granted for a period of 10 years. This permit ma)
revoked at any time after a public hearing, if it is found that the use has a substan
detrimental effect on surrounding land uses and the public’s health and welfare, or
conditions imposed herein have not been met. This permit may be extended fc
reasonable period of time not to exceed 10 years upon written application of
permittee made no less than 90 days prior to the expiration date. The Plann
Commission may not grant such extension, unless it finds that there are no substan
negative effects on surrounding land uses or the public’s health and welfare. 1
substantial negative effect on surrounding land uses or the public’s health and well
is found, the extension shall be denied or granted with conditions which \
eliminate or substantially reduce such effects. There is no limit to the number
extensions the Planning Commission may grant.
10. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissic
Within six (6) months after the issuance of occupancy, the Developer/Operator SI
submit a project implementation report which provides cumulative field measurement:
radio frequency (EMF) power densities of all antennas installed at the subject site. r
report shall quantify the EMF emissions and compare the results with currently accep
ANSUIEEE standards. Said report shall be subject to review and approval by
Planning Director for consistency with the Project’s preliminary proposal report and
accepted ANSUIEEE standards. If on review, the City finds that the Project does :
meet ANSUIEEE standards, the City may revoke or modify this conditional use permit
11. Prior to the issuance of the building permit, Developer shall submit to the City a Not
of Restriction to be filed in the office of the County Recorder, subject to the satisfact
of the Planning Director, notifying all interested parties and successors in interest that
City of Carlsbad has issued a(n) Conditional Use Permit by Resolution(s) No. 4669
the real property owned by the Developer. Said Notice of Restriction shall note
property description, location of the file containing complete project details and
conditions of approval as well as any conditions or restrictions specified for inclusion
the Notice of Restriction. The Planning Director has the authority to execute and recl
an amendment to the notice which modifies or terminates said notice upon a showing
good cause by the Developer or successor in interest.
PC RES0 NO. 4669 -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
Enpineering:
12. The developer shall pay all current fees and deposits required.
13. The BTS equipment shall not be constructed on any easement without the easem
holder’s permission.
14. The BTS equipment shall not be constructed in any drainage area or over any drain
structure.
Code Reminders:
15. Developer shall pay the License Tax on new construction imposed by Carlsbad Munici
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Pul
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applica
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All s’
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, 1
approval will not be consistent with the General Plan and shall become void.
16. This approval shall become null and void if building permits are not issued for 1
project within 18 months from the date of project approval.
17. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of build
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fi
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin:
follow that procedure will bar any subsequent legal action to attack, review, set aside, void
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexacti
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
I I )I PC RES0 NO. 4669 -5-
a e
I 1
2
3
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann
Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
4 /I the following vote, to wit:
5 II AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOES:
ABSENT:
ABSTAIN:
11 PC RES0 NO. 4669 -6-