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Home My WebLink About1996-12-04; Planning Commission; Resolution 4026a r 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 e 0 PLANNING COMMISSION RESOLUTION NO. 4026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF SIX (6) PCS PANEL ANTENNAS MOUNTED ON POLES, ONE (1) GLOBAL POSITIONING CABINETS ON PROPERTY LOCATED AT 4901 EL CAMINO REAL. CASE NAME: MARJA ACRES PCS FACILITY CASE NO.: CUP 96-05 WHEREAS, Cox California PCS, Inc., “Developer” has filed a ve application with the City of Carlsbad regarding property owned by Jay and Maryon Hofi “Owner”, described as ANTENNA, AND SIX (6) GROUND-MOUNTED EQUIPMENT Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California filed January 31, 1975, in the office of the County Recorder of San Diego County, and That portion of Parcels 2 and 3 of Parcel Map No. 3451, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31,1975 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condition2 Permit as shown on Exhibit “A”-“I” dated December 4, 1996, on file in the Pla Department (Marja Acres PCS Facility - CUP 96-05/HDP 96-07BUP 96-05) as provid Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of December hold a duly noticed public hearing to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f relating to the Conditional Use Permit. 1 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 e NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm APPROVES Conditional Use Permit, CUP 96-05, based on the follt findings and subject to the following conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein for CUP 5 is in conformance with the Elements of the City's General Plan, based on the followi a. Land Use - The provision of six pole-mounted PCS antennas, a g positioning antenna, and six ground-mounted equipment cabinets, w compatible with surrounding land uses on the site. The proposed proj consistent with the N (Neighborhood Commercial) and RLM (Resid Low Medium) General Plan designations in that the proposed use will continued provision of wireless communication facilities for the coma and region as a whole, including communication for public safety en Further, the utility land use is permitted in all zones subject to approva Conditional Use Permit. b. Circulation - The project is consistent with the City's General Plan sinc proposed public utility use is consistent with the N (Neighbor Commercial) and RLM (Residential Low Medium) General designations specified for the site as indicated on the Land Use Element ( General Plan. 2. The project is consistent with the City-Wide Facilities and Improvements Pla applicable local facilities management plan, and all City public facility policie ordinances since all necessary public improvements have been provided o required as conditions of approval. 3. That the requested use is necessary or desirable for the development of the commun~ that the community benefits of PCS include, but are not limited to, the followin Wireless communication will improve telecommunication service by prov mobile voice and data transmissions; 2) Potentially provide enhanced emerg response for police, fire and paramedic services; 3) Improve voice and data ql through the use of all-digital technology, which will eliminate fading, dropping crackling that can interrupt regular wireless calls; and 4) Provide one per portable phone number for voice, voice mail, pager, data and facsimile. ... PC RES0 NO. 4026 -2- & 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 0 4. That the requested use is essentially in harmony with the various elements and obje of the General Plan in that the General Plan and zoning designations on the site the location of accessory public and quasi-public utility uses with approval Conditional Use Permit. 5. That the requested use is not detrimental to existing uses specifically permitted zone in which the proposed use is located, in that there will be a 30-foot wide space easement surrounding the poles, and the equipment cabinets and poles. the addition of the PCS antennas, are screened by landscaping to reduce visibi: the project from surrounding areas and from El Camino Real. 6. That the site for the intended use is adequate in size and shape to accommodate the c that the project meets all City standards and policies without the requirement variance from standards. 7. That all the yards, setbacks, walls, fences, landscaping and other features necess; adjust the requested use to existing or permitted future uses in the neighborhood v provided and maintained, in that no adjustments are necessary to allow the propo be located within the property boundaries. To minimize potential visual irn created by the project, the antenna poles will be landscaped with a combinati trees and shrubs. The screening trees will be of a hardy evergreen species wit foliage, which will reach a height of 25 to 30 feet at maturity, and would pr screening of the poles when the project is viewed from El Camino Real. 8. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that no significant additional traffic wi generated by the installation of the Personal Communication System equip cabinets and antennas. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit f Project entitled “Marja Acres PCS Facility” (CUP 96-05), Exhibits “A”-“I” December 4, 1996, on file in the Planning Department and incorporated b: reference, subject to the conditions herein set forth. Staff is authorized and direc make or require Developer to make all corrections and modifications to the Condil Use Permit documents, as necessary to make them internally consistent a1 conformity with final action on the project. Development shall occur substantial shown on the approved exhibits. Any proposed development substantially different this approval shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state and ordinances in effect at the time of building permit issuance. 3. This Conditional Use Permit is granted for a period of five (5) years. This Condi Use Permit shall be reviewed by the Planning Director on a yearly basis to determ PC RES0 NO. 4026 -3 - .. 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 e all conditions of this permit have been met and that the use does not have a subst negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative effect Planning Director shall recommend that the Planning Commission, after providir permittee the opportunity to be heard, add additional conditions to reduce or elimin2 substantial negative effects. This permit may be revoked at any time after a 1 hearing, if it is found that the use has a substantial detrimental effect on surroundin; uses and the public's health and welfare, or the conditions imposed herein have no met. This permit may be extended for a reasonable period of time not to exceed fi years upon written application of the permittee made no less than 90 days prior l expiration date. The Planning Commission may not grant such extension, unless it that there are no substantial negative effects on surrounding land uses or the p~ health and welfare. If a substantial negative effect on surrounding land uses ( public's health and welfare is found, the extension shall be denied or granted conditions which will eliminate or substantially reduce such effects. There is no lil the number of extensions the Planning Commission may grant. 4. The Developer shall report, in writing, to the Planning Director within 30 day: address change from that which is shown on the conditional use permit application. 5. Approval of CUP 96-05 is granted subject to the approval of the Mitigated Ne: Declaration, HDP 96-07 and SUP 96-05. 6 All conditions of approval included in Planning Commission Resolution No. (Mitigated Negative Declaration) are incorporated herein by reference. 7. Prior to the issuance of building permits, the owner shall submit to the City a Not Restriction to be filed in the office of the County Recorder, subject to the satisfacti the Planning Director, notifying all interested parties and successors in interest th, City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4026 c real property owned by the Jay and Maryon Hoffman. Said Notice of Restriction note the property description, location of the file containing complete project detail all conditions of approval as well as any conditions or restrictions specified for incl in the Notice of Restriction. The Planning Director has the authority to execut record an amendment to the notice which modifies or terminates said notice u] showing of good cause by the owner or successor in interest. 8. Prior to issuance of building permits, the Developer shall receive approval Coastal Development Permit issued by the City of Carlsbad that substantially con to this approval. If the approval is substantially different, an amendment to CUP shall be required. 9. The Developer shall provide the City with a reproducible 24'' x 36", mylar copy ( Site Plan as approved by the Planning Commission. The Site Plan shall reflec conditions of approval by the City. The Plan copy shall be submitted to the Engineer and approved prior to building, grading, final map or improvement PC RES0 NO. 4026 -4- , r. 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 0 submittal, whichever occurs first. 10. The Developer shall include, as part of the plans submitted for any permit plan ch reduced, legible version of the approving resolution on a 24" x 36" blueline dra Said blueline drawing shall also include a copy of any applicable Coastal Develo] Permit and signed approved site plan. 11. 12. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emis Within six (6) months after the issuance of occupancy, and annually thereafte Developer/Operator shall submit a project implementation report which prc cumulative field measurements of radio frequency (EMF) power densities of all ant installed at the subject site. The report shall quantify the EMF emissions and cox the results with currently accepted ANSI/IEEE standards. Said report shall be subj review and approval by the Planning Director for consistency with the Prc preliminary proposal report and the accepted ANSUIEEE standards. If on revie\ City finds that the Project does not meet ANSIAEEE standards, the City may revc modify this conditional use permit. The Developer/Operator shall and does hereby agree to indemnify, protect, defen hold harmless the City of Carlsbad, its Council members, officers, employees, agent representatives, from and against any and all liabilities, losses, damages, demands, c and costs, including court costs and attorney's fees incurred by the City arising, di or indirectly, from (a) City's approval and issuance of this Conditional Use Perm City's approval or issuance of any permit or action, whether discretionary or discretionary, in connection with the use contemplated herein, and Developer/Operator's installation and operation of the facility permitted hereby, incl without limitation, any and all liabilities arising from the emission by the facili electromagnetic fields or other energy waves or emissions. 13. The Developer shall prepare a detailed landscape and irrigation plan in conformance the approved Preliminary Landscape Plan and the City's Landscape Manual. The shall be submitted to and approval obtained from the Planning Director prior t approval of the grading permit or building permit, whichever occurs first. The Dew shall construct and install all landscaping as shown on the approved plans, and ma all landscaping in a healthy and thriving condition, free from weeds, trash, and debri 14. The detailed landscape and irrigation plan shall include specimen size 24" box in sufficient number and of appropriate type to provide screening of the ant poles when viewed from El Camino Real, all 'to the satisfaction of the Plar Director. 15 The split-face block wall enclosure for the equipment cabinets shall be paint blend in with the surrounding vegetation, to the satisfaction of the PlaI Director. ~ I -.- PC RES0 NO. 4026 -5- 1 1- 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 e 0 16. The antenna poles shall be installed such that none of the pole tops project the elevation of the ridgeline (103’). To ensure this condition, the max elevation points at which the poles may be installed shall be as follows: Maximum Maximum Placement Top Of Pole Pole Pole Ht Elevation Elevation A 22”’’ 80”’’ 103’ B 23’1” 79’”’’ 103’ C 103’ 76”’’ 26’6” F 103’ 79’3” 23’9” E 103’ 80’9’’ 22”’’ D 103’ 79’ 24’ ~ ___ ~_____ Fire Conditions: 17. Prior to issuance of Building Permits, the Developer shall submit to the Fire Depaj building plans for Fire Department determination of conformance with applicable fil life safety requirements of the state and local fire codes. 18. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire spril systems and other fire protection systems shall be submitted to the Fire Departme approval prior to construction. General Condition: 19. If any of the foregoing conditions fail to occur, or if they are, by their terms, implemented and maintained over time, if any of such conditions fail to t implemented and maintained according to their terms, the City shall have the rig revoke or modify all approvals herein granted, deny or fwther condition issuance future building permits, deny, revoke or further condition all certificates of occu] issued under the authority of approvals herein granted, institute and prosecute litigat 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 appro. this Conditional Use Permit. Code Reminders: 20. This approval shall become null and void if building permits are not issued fo, project within 18 months from the date of project approval. 21. Approval of this request shall not excuse compliance with all applicable sections ( Zoning Ordinance and all other applicable City ordinances in effect at time of bui permit issuance, except as otherwise specifically provided herein. , ... I 1 PC RES0 NO. 4026 -6- k e a 9. 1 22. All landscape and irrigation plans shall be prepared to conform with the Land Manual and submitted per the landscape plan check procedures on file in the Hal 2 Department. 3 4 5 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla~ Commission of the City of Carlsbad, California, held on the 4th day of December 1996, h following vote, to wit: 7 8 9 10 AYES: Chairperson Compas, Commissioners Heineman, Mo Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None 11 12 13 14 15 d&AL&.& 16 WILLIAM COMPAS, Chairpegon 17 ABSTAIN: None CARLSBAD PLANNING COMMISSION PC RES0 NO. 4026 -7-