HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4009c
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PLANNING COMMISSION RESOLUTION NO. 4009
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF SIX (6) ROOF-MOUNTED PANEL
ANTENNAS, AND TWO (2) RADIO EQUIPMENT CABINETS
ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NO.: CUP 96-12
WHEREAS, Pacific Bell Mobile Services, “Developer” has filed a verifi
application with the City of Carlsbad regarding property owned by Charles B. and Patric
Weseloh, “Owner”, described as
CASE NAME: PBMS ENCINAS SITE (SD-185-06)
Lot 2 of Carlsbad Tract 72-3, City of Carlsbad, County of San
Diego, State of California, Map No. 7492, filed 11/30/72.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condition;
Permit as shown on Exhibit(s) “A”-“D”, dated November 6, 1996, on file in the Ca
Planning Department, PBMS Encinas Site (SD-185-06), as provided by Chapter 21.42
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of November
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 testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CUP 96-12.
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.
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B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit, CUP 96-12, based on the follc
findings and subject to the following conditions:
Findinm:
I. The Planning Commission finds that the project, as conditioned herein for CUP !
is in conformance with the Land Use Element of the City's General Plan, based (
following:
a. The provision of six antennas on the roof of an existing commercial bui
and the installation of two radio equipment cabinets will be compatible
surrounding land uses on the site. The proposed project is consistent
the Regional Commercial (R) General Plan designation in that the pro]
use will allow continued provision of wireless communication facilities fc
community and region as a whole, including communication for public f
entities. Further, the utility land use is permitted in all zones subj(
approval of a CUP.
2. The project is consistent with the City-Wide Facilities and Improvements P1a1
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 communj
that the community benefits of wireless communications include, but are not 1i1
to, the following: (1) Wireless communication will improve telecommunic
service by providing mobile voice and data transmissions; and (2) Poten
provide enhanced emergency response for police, fire and paramedic services.
wireless communications facility has been designed to accommodate approxim
45 calls at one time at peak hour capacity, is essentially in harmony with the vi
elements and objectives of the General Plan in that the General Plan and ZI
designations on the site allow the location of accessory public and quasi-€
utility uses with approval of a conditional use permit, and is not detrimen
existing uses specifically permitted in the zone in which the proposed use is locat
that the antennas are sufficiently screened so as not to be visually intrusi
incompatible.
4. That the site for the intended use is adequate in size and shape to accommodate the u
that the roof mounted antennas will be sufficiently accommodated by the roof
and screening.
5. 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 u
provided and maintained, in that no adjustments are necessary to allow the propo
be located within the property boundaries.
PC RES0 NO. 4009 -2-
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6. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that only one additional trip per month w
generated by the installation of the equipment cabinets and antennas.
7. That the Planning Director has determined that the project is exempt fron
requirements of the California Environmental Quality Act (CEQA) per Section 153
the State CEQA Guidelines and will not have any adverse significant impact c
environment.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fc
McClellan-Palomar Airport, dated April, 1994, in that the antennas would not intt
with the airport's runway flight protection zones and airport noise would not
the project.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit for tl
Project entitled "PBMS Encinas Site (SD-185-06)" (CUP 96-12), dated Novemb
6, 1996, on file in the Planning Department and incorporated by this referenc
subject to the conditions herein set forth. Staff is authorized and directed to make,
require Developer to make, all corrections and modifications to the Conditional U
Permit document(s), as necessary, to make them internally consistent and
conformity with final action on the project. Development shall occur substantially
shown in the approved Exhibits. Any proposed development substantially differe
from 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 deterrr
all conditions of this permit have been met and that the use does not have a subs1
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 providiI
permittee the opportunity to be heard, add additional conditions to reduce or eliminz
substantial negative effects. This permit may be revoked at any time after a :
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
expiration date. The Planning Commission may not grant such extension, unless ir
that there are no substantial negative effects on surrounding land uses or the pi
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 grantec
PC RES0 NO. 4009 -3-
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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. 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. 4009 c
real property owned by Charles and Patricia Weseloh. Said Notice of Restriction
note the property description, location of the file containing complete project detai:
all conditions of approval as well as any conditions or restrictions specified for inc:
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 ul
showing of good cause by the owner or successor in interest.
6. 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
submittal, whichever occurs first.
7. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced, legible version of the approving resolution on a 24" x 36" blueline dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal DeveloI
Permit and signed approved site plan.
8. Prior to approval of the Building Permit, the Developer shall receive approval
Coastal Development Permit that substantially conforms to this approval. A signed
of the Coastal Development Permit must be submitted to the Planning Director.
approval is substantially different, an amendment to CUP 96-12 shall be required.
9. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emis!
Within six (6) months, and every year thereafter the issuance of occupancy
Developer/Operator shall submit a project implementation report which pro
cumulative field measurements of radio fiequency (EMF) power densities of all ant'
installed at the subject site. The report shall quantify the EMF emissions and cor
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 revie1
City finds that the Project does not meet ANSI/IEEE standards, the City may revc
modify this conditional use permit.
10. The Developer/Operator shall and does hereby agree to indemnify, protect, defen
hold harmless the City of Carlsbad, its Council members, officers, employees, agent
PC RES0 NO. 4009 -4-
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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 facil
electromagnetic fields or other energy waves or emissions.
Fire Conditions:
11. Prior to issuance of Building Permits, the Developer shall submit to the Fire Deparl
building plans for Fire Department determination of conformance with applicable fir
life safety requirements of the state and local fire codes.
12. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprir
systems and other fire protection systems shall be submitted to the Fire Departme]
approval prior to construction.
General Condition:
13. 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 I
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted, deny or further condition issuance I
future building permits, deny, revoke or further condition all certificates of occur
issued under the authority of approvals herein granted, institute and prosecute litigati
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-c
this Conditional Use Permit.
Code Reminders:
14. This approval shall become null and void if building permits are not issued fo;
project within 18 months from the date of project approval.
15. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of bui
permit issuance, except as otherwise specifically provided herein.
16. All roof appurtenances, including air conditioners, shall be architecturally integrate(
concealed from view and the sound buffered from adjacent properties and streel
substance as provided in Building Department Policy No. 80-6, to the satisfaction c
Directors of Planning and Building.
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PC RES0 NO. 4009 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the P1a1
Commission of the City of Carlsbad, California, held on the 6th day of November 1996 E
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, K
Savary and Welshons
NOES: Commissioner Nielsen
ABSENT: None
ABSTAIN: None
bc4/L4* +-
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOYZMILL~R
Planning Director
PC RES0 NO. 4009 -6-