HomeMy WebLinkAbout2001-01-03; Planning Commission; Resolution 48901
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PLANNING COMMISSION RESOLUTION NO. 4890
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A
TELECOMMUNICATIONS FACILITY ON PROPERTY
LOCATED AT 2875 LOKER AVENUE EAST IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: TECHBUILT WAREHOUSE SD-377-04
CASE NO.: CUP 00-29
WHEREAS, Pacific Bell Wireless, ‘LDeveloper,” has tiled a verified application
with the City of Carlsbad regarding property owned by Techbuilt Construction Corporation,
“Owner,” described as
Parcel A of Minor Subdivision 770, in the City of Carlsbad,
County of San Diego, State of California, according to Parcel
Map thereof no. 15563, Bled in the Offtce of the County
Recorder of San Diego County, February 9,1989
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “E” dated January 3,2001, on tile in the Carlsbad Planning
Department, TECHBUILT WAREHOUSE SD-377-04 - CUP 00-29, as provided by Chapter
21.42 and 21.50 ofthe Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of January, 2001,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES TECHBUILT WAREHOUSE SD-377-04 - CUP 00-29, based on
the following findings and subject to the following conditions:
FindinEs:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that that the community benefits of wireless
communications include improved telecommunications service for emergency
services and individuals; the use is integrated into the existing building and requires
no significant changes to the site design or function; and, the site’s planned
Industrial land use designation does not preclude the provision of quasi-public
utility uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the antennas will be mounted on the south, east, and northwest walls of an
existing building and the equipment enclosure will be located within an existing
planter area and will not impact existing site features such as parking areas or
circulation drive aisles.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the wall mounted antennas will be painted to match
the existing building and the equipment enclosure will be constructed to match the
existing exterior building walls.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate additional
vehicle trips beyond that necessary for occasional service.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303, which exempts the
construction and installation of small new equipment facilities or structures, of the
state CEQA Guidelines. In making this determination, the Planning Director has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
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permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or fnrther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and moditications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of 5 years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed 5 years upon written application of the permittee
made no less than 90 days prior to the expiration date. The Planning Commission may
not grant such extension, unless it finds that there are no substantial negative effects on
surrounding land uses or the public’s health and welfare. If a substantial negative effect
on surrounding land uses or the public’s health and welfare is found, the extension shall
be denied or granted with conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the Planning Commission may
grant.
The panel antennas shall be painted to match the building faqade color and the
equipment enclosure shall be constructed to match the exterior building walls.
Any tree which is removed shall be transplanted or replaced in-kind. Any damaged
plant materials or irrigation systems shall be repaired or replaced.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change from that which is shown on the permit application.
Developer shall submit to the City a Notice of Restriction to be tiled in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 4890 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions.
Within six (6) months after the issuance of occupancy, the Developer/Operator shall
submit a project implementation report which provides cumulative field measurements of
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radio tiequency (EMF) power densities of all antennas installed at the subject site. The
report shall quantify the EMF emissions and compare the results with currently accepted
ANSI/IEEE standards. Said report shall be subject to review and approval by the
Planning Director for consistency with the Project’s preliminary proposal report and the
accepted ANSI/IEEE standards. If on review, the City finds that the Project does not
meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit.
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
17. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date ofproject approval.
CODE REMINDERS
18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
19. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AMI ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of January, 2001, by the
following vote, to wit:
AYES:
NOES:
Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
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