HomeMy WebLinkAboutCUP 275; Pacific Bell; Conditional Use Permit (CUP) (2)t APPLICATION SUBMITTAL DATE:
June 27, 1985
STAFF REPORT
DATE: JANUARY 22, 1986
TO: PLANNING COMMISSION
6)
FROM: PLANNING DEPARTMENT
SUBJECT: CUP-275 - PACIFIC BELL - Request for approval of a
Conditional Use Permit to allow the construction of an
enclosure to accommodate electronic telephone equipment
on property generally located at the northeast corner
of Poinsettia Lane and Avenida Encinas in the C-2 zone.
I. RECOMMENDATION
That the Planning Commission APPROVE the Negative Declaration
issued by the Planning Director and ADOPT Resolution No. 2530,
APPROVING CUP-275, based on the findings 'and subject to the
conditions contained therein.
II. PROJECT DESCRIPTION
The applicant is requesting approval of ci conditional use permit
to construct an electronic equipment enclosure on the site
occupied by Economy Inns, located as described above. The
digital electronic equipment would provide additional telephone
service for the southwest quadrant of the City.
The proposed enclosure would be located eit the southwestern
corner of the property, at the top of the slope adjacent to
Poinsettia Lane. The building would be constructed to
incorporate an adjacent trash enclosure and would be located
to the parking area. The zoning ordinance provides for
consideration of accessory public utility buildings in any zone
by conditional use permit.
next
III. ANALYSIS
Planning Issues
1) Can the proposed project meet the neicessary findings for a
conditional use permit? Specifically:
a) 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 or
to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the site for the intended use is adequate in size
and shape to accommodate the use.
c) That all of 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.
d) That the street system serving the proposed use is
adequate to properly handle all traffic generated by
the proposed use.
Discussion
Staff believes that all of the findings necessary for approval of
the requested conditional use permit can be made. The use is
necessary to supply telephone service to the area bounded by La
Costa Avenue, 1-5, Palomar Airport Road and Carlsbad Boulevard.
The use is essentially in harmony with the elements and
objectives of the General Plan. One of the goals of the Public
Facilities Element is to ensure that all necessary public
facilities will be available concurrent with need.
The proposed 11' x 16' structure will be located immediately
adjacent to an existing 10' x 20' trash enclosure. The two have
been incorporated into one building designed to be
architecturally compatible with the existing motels. The facade
will consist of beige stucco trimmed with brown siding and a red
clay tile roof.
The site chosen is adequate in size and shape to accommodate the
proposed use. The building location would not interfere with the
circulation system, any parking or open space use nor encroach
in any setbacks. Landscaping would be provided to ensure
appropriate screening and treatment.
Finally, the use would generate virtually no traffic, the
structure would be an unmanned facility. Pacific Bell
anticipates the equipment would be routinely inspected once a
month. The use would, therefore, have no impact on the street
system serving this area.
Overall, staff believes that all of the findings necessary for
approval of the requested conditional use permit can be made.
The Planning Commission has previously approved several of these
facilities by CUP. The major concern of the Planning Commission
was compatibility with surrounding development.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
have an adverse impact on the environment and, therefore, issued
a Negative Declaration on January 4, 19 86.
ATTACHMENTS
1) Planning Commission Resolution No. 2530
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Environmental Document
6) Reduced Exhibits
7) Exhibits "A" - "C", dated July 1, 1985
AML:ad
12/30/85
• LOCATION MAI*
I. ECONOMY INN6 OF AMERICA
Z. PROPOSED MOTEL <b
3. LEXINGTON
TfiAVELOOGB
5. KAISER
IA PROPOSED RESTAURANT
t3 PROPOSED SERVICE STATION
PACIRC BELL CUP-275
BACKGROUND DATA SHEET
CASE ND: CUP-275
APPLICANT: PACIFIC BELL
REQUEST AND lOCATIcaJ: A conditional use pennit to aillow an electronic telephone
equippnent enclosure located on 1±e east side of Avenida Encinas, north of
Poinsettia Lane APN: 214-450-04
LEGAL DESCRIPTION: A portion of Lot 4 of Carlsbad Tract No. 81-5 according to
Map Nb. 10899, filed in the office of the County Recorder on April 11, 1984
Acres .006 Proposed No. of Lots/Units N/A
GENERAL PLAN AND ZONING
Land Use Designation TS/C
Density Allowed N/A
Existing Zone C-2
Density Proposed N/A
Proposed Zone N/A
Surroundir^ Zoning and Land Use:
Zoning
Site C-2
North C-2
Land Use
Motel
Motel
South C-2-Q
East PC
West R-1-10
Vacant - Jewett-SmitJi
Freeway - 1-5
Vacant - Lusk
School District Carlsbad
Public Facilities Fee Agreonent, dated
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued
E.I.R. Certified, dated
PUBLIC FACILITIES
Carlsbad"
Water Costa Real Sewer Carlsbad EDU's N/A
N/A
January 4, 1986
Otiier,
aftar the informationJiP^ nave suctniccea nas ceen reviewea, aeceruij.ft«u.
that further informatioi^ required, you will be so ad^ed-
APPLICANT
w
Name (individual, partnership, joint venture, corporation, syndication)
7337 T/r/PDS sr. A'c^o>^^''4lO S.P?ZIZI
Business Address
AGENT:
Telephone Number
Name
Business Address
Telephone Number
MEMBERS:
Name -(individual, partner, joint:
venture, corporation, syndication)
Home Mdrass
Business Address
Telephone Nuaher Telephone Number
Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
1/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be"
relied upon as being trua and correct until amended.
Applicant
Agent, Otmeg; Pail^uflr
«
February 27, 1985
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RE: Carlsbad Tract No. 81-5
PACIFIC BELL JOB NO.: DB(19) 1567Q
Permission is hereby granted to Pacific Bell to apply for variances and/or
conditional use permits as required for the purpose of placing an electronic
equipment enclosure within the easement described in the attached document.
By: - \z' _ ••' - '
Herri ck Deve.>opment
Date: .'?-7^'^S'7
DEVELOPMENTAL •^^^H 1200 ELM AVENUE
SERVICES ^^^^J^M CARLSBAD, CA 92008-1989
LAND USE PLANNING OFFICE ^OMEe^^T 438-5591
Citp of Carlflibab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: The rK>rtheast corner of Avenida Encinas
and Poinsettia Lane.
PROJECT DESCRIPTICN: ^proval of a conditional use pennit to allow
construction of an enclosure to aeconmodate elect;ronic telephone
equipment.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to tiie Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for t±is action is on file in tiie
Planning Departnnent.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad,
CA. 92008. Ccanments from the public are invited.. Please subnit
coranents in writing to the Planning Department within ten (10) days of
date of issuance.
DATED: January 8, 1986 ^ j^A LL 0 ^^Hffe^.UJ^^Z^
MICHAEL J. EiOLZHILLER U
CASE NO: CUP-275 Planning Director
APPLICANT: Pacific Bell
PUBLISH DATE: January 8, 1986
ND4
11/85
. / —7 —r ^— 7
&01 L^CINI<3
^ / ...^ '• ^
/
SCALE = \"-^VO>
Ltrr siDt w\t*j
fmcMt SIDt or .SIMILAR jot • "» Sm. WMtRir nr.
fact.- I"*"'
piMtt- OH Txco
JQQQK . eM.OIf Mf»^
'f: nortf Kce^ T» CM.*.
FA^VI-IKK. LOT V^eW
PACK VtCV
fvCOO PtMISH DM flACX t*" tTUX&.
•wtTCH txisr, STUUCTURl ) I AssoctATtD :=:z.
HJlwStlTlA PROXCf
PROJECT REVIEW
On December 24. 1991 . Pacific Bell . CUP 275 , was reviewed
for compliance with the conditions contained therein.
The project was found to be in compliance with all the conditions of Resolution No. 2530
and no farther action was taken.
COMMENTS: None
Signed j/^J iy^ci^
VAN LYNCH
c: Erin Letsch
VL:km
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
January 8, 1986
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
(619) 438-5591
€itp of CarliBfbati
PACIFIC BELL
Attn: Alfred S. Cerroni
7337 Trade Street, Room
San Diego, CA 92121
-g'6 .=5
5410 ML
SUBJECT: CUP-275 PACIFIC BELL Preliminary Staff Report
The preliminary staff report for the above referenced project
will be available for you to pick up on Friday, January 10, 1986,
after 4 p.m. This preliminary report will be discussed by staff
at the Development Coordinating Committee (D.C.C.) meeting which
will be held on January 14, 1986. A twenty (20) minute
appointment has been set aside for you at 10:10 a.m. If you have
any questions concerning your project, you should attend the
D.C.C. meeting.
It is necessary that you bring year required colored exhibit(s)
with you to this meeting in order for your project to go forward
to Planning CondLssion. If you do not plan to attend this
meeting, please make arrcmgoients to have your colored exhibit(s)
here by the scheduled time above.
If you need additional information concerning this matter, please
contact the Planning Department at 438-5591.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
By:
Planning Department
MJH:bn
Right of Way/Liaison 7337 Trade Street, Room B4'
San Diego, California 92121 PACIFIC^BELL
A Pacific Telesis Company
October 22, 1985
Ms. Adrienne Landers
Ci ty of Carlsbad
Land Use Planning Office
1200 Elm Ave.
Carlsbad, CA 92008-1989
Dear Ms. Landers:
RE: CUP-275, 6992 Avenida Encinas
We are in the process of surveying an alternate site for our
equipment enclosure. The new site is on the same property
and will be located approximately 50.00 feet east and 20.00 feet
south of the original site. New revised site, elevation and plot
plans will be given to you prior to November 1, 1985.
Thank you for your cooperation in this matter.
Call me if you have any questions.
Sincerely,
Al Cerroni
Ri gh t of Way Admi ni s trato r
(619) 586-3899
DB-1567Q
cc: Denise Richards
DEVELOPMENTAL H^^TH O™^-^-
iBAD, CA 920r
(619) 438-5591
SERVICES m./r-YU ^™ CARLSBAD, CA 92008-1989
L-AND L/S£ PLANNING OFFICE
Citp of Carliefiiatv
October 15, 1985
Al Cerroni
Pacific Bell
7 337 Trade Street, Room 5410
San Diego, CA 92121
RE: CUP-275, 6992 Avenida Encinas
After recently reviewing my files, I not:iced that I still have
not heard from you regarding Pacific Bell's intentions at the
above-mentioned location. It has now been 3 1/2 months since we
received your application and little ac1:ion has taken place.
Please contact me by November 1st to let: me know whether you wish
to proceed or withdraw your application., If I have not heard
from you by that date, I will schedule the proposal on the next
possible Planning Commission agenda with a reconmiendation of
denial. If you plan to withdraw, you may submit a request for a
refund at that time.
Please call me at 438-5591 if you have any questions.
Sincerely,
ADRIENNE LANDERS
Assistant Planner
AML:bn
DEVELOPMENTAL • ll '•200 ELM AVENUE
SERVICES ^b^^lu^^ CARLSBAD, CA 92008-1989
LAND USE PLANNING OFFICE ^"^j^g^F (619) 438-5591
Citp of Carlsibab
August 5, 1985
Al Cerroni
PACIFIC BELL
7337 Trade Street, Room 5410
San Dlego, California 92121
Re: CUP-275, 6992 Avenida Encinas
I have reviewed your application for a conditional use permit
and variance at the above-listed location. As stipulated in the
variance application, staff is required to meet four findings in
order to approve a variance request. These include:
1. That there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended
use that do not apply generally to the other property or class of
use in the same vicinity and zone;
2. That such variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and zone but which is denied to the property in
question;
3. That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in vAiich the property is
located.
4. That the granting of such variance will not adversely affect the
canprehensive general plan. (Ord. 9060 .§1802).
Unfortunately, staff does not believe findings number 1 and 2 can
be met. There are no extraordinary or exceptional circumstances
that pertain to this property that do not pertain to other
properties in the area. Primarily, the developer does not want
to give up what he considers valuable land to the phone company.
Staff believes this issue should be resolved between the two
parties. The city should not have to accept a compromise on the
developer's behalf.
Al Cerroni
August 5, 1985
Page Two
Staff does not believe this application can be approved at this
site. If the phone company decides to change locations, then
perhaps the application can be processed further. At this
present location, however, staff believes the phone company
should withdraw its application and apply for a refund.
If I can be of further help, please contact me.
Sincerely,
Adrienne Landers
AML:ad
ff)^^ Costa Real
?VwV? Municipal Water District
^5^^^^^!^ 5950 El Camino Real, Carlsbad, CA 92008
Telephone: (619)438-2722
DATE: July 24, 1985
TO: City of Carlsbad
Land Use Planning Office
Carlsbad, California 92008
ATTN: Dee Landers
SUBJ: CUP 275 Pacific Bell (Mini-Hut)
E.S. of Avenida Encinas 150' North of Poinsettia Lane
The subject project has been reviewed by the District's Engineering Depart-
ment to determine extent of District's involvement regarding existing and
proposed water system to serve proposed project as follows:
YES NO
Are there transmission lines that effect project? ( ) (X)
Are there existing facilities that will have to be reconstructed? (X)? (X)
Are there new facilities that will have to be reconstructed? ( ) (X)
Are there existing District agreements that have financial impact
on project? ( ) (X)
We have the following specific comment:
The Water District has an existing water line and soon to be recorded
easement in the immediate area of the proposed Mini-Hut site. Based
on the site plan submitted, we cannot ascertain if a conflict will
occur. Therefore, the District recommends that Pacific Bell tie down
proposed easement to the property lines and resubmit to District for
review and comment.
Please contact Mr. Jerry Whitley if you have any questions regarding this
project.
A^}^7^^^I^HAA1
Linden R. Burz^l I
District Engineer
LRB:sja
cc: Fire Marshal
City Engineer
CMWD 85-601.00
llerriek
Hol<lm9/, ll<^.
2775 Via De La Valle, Suite 204, P.C^Ij^sj, Del Mar, CA92014?>619) 481-7772 285*E. Imperial Hw^fe'iiite 201, Fullerton, CA 92635 (714)680-3905
•4'
March 25, 1985 t
w
1
Mr. Al Cerroni
Right of Way Agent
Pacific Bell
7337 Trade Street, Rm. 5410
San Diego, CA 92121
Re: Easement at Poinsettia and Avenida Encinas,
Carlsbad
Dear Mr. Cerroni:
Enclosed please find (1) blue line print of the revised
parcel map for our Carlsbad property and an executed
permission letter for your use in applying for the nec-
essary variances to construct your equipment enclosure.
The legal description on your easement document will need
to be revised to reflect the new map., I do not have a
projected recording date for the map at this time. I
think it would be advisable to proceejd with the variance
application without the completed easement document.
Also enclosed is your original Right of Way Easement
document. Please note that the vestesd owner of the pro-
perty is Herrick Holdings, Ltd., a California Limited
Partnership. Herrick Holdings will be the grantor.
If the City requires elevations of the buildings for the
variance application, we would like the opportunity to
work with your architect in the beginning to assure we
will be receptive to what the City approves.
If I can be of any assistance, please let me know.
Sincerelv,
^^^^^
Ron Whitn9Y
Vice President
RW/efa
Enclosures
DEVELOPMENTAL H ^88^ B 1200 ELM AVENUE
SERVICES ^K^^J^9 CARLSBAD, CA 92008-1989
LAND USE PLANNING OFFICE ^^^^^ 438-5591
Citp of Carl£(i}ab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: The northeast corner of Avenida Encinas
and Poinsettia Lane.
PROJECT DESCRIPTION: i^proval of a conditional use permit to allow
construction of an enclosure to accommodate electronic telephone
equiptient.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Iraplenentation
of the California Environmental Quality Act and tide Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad,
CA. 92008. Ccraments from the public are invited. Please subnit
conments in writing to the Planning Department within ten (10) days of
date of issuance.
DATED: January 8, 1936
MlCTHAEL^r HOLfflKriliER
CASE NO: CUP-275 Planning Director
APPLICANT: Pacific Bell
PUBLISH DATE: January 8, 1986
ND4
11/85
FEE: • $175.00
RECEIPT NO: J^/g^ 7
ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I
(TO Be Completed by APPLICANT)
CASE NO:
DATE: /C' -
Applicant: f^JtlJjF^)^ S/ig^ iSy J^2- ^^'RTKOhii
Address of Applicant: 73*3 7 ^H^/QPg -ST: '^J^U-JD
Phone Number: {^/q) SB^-2^
Name, address and phone number of person to be contacted (if other than
Applicant):
GENERAL INFORMATION;
Description of Project: y^>^>i%gvr iPP J^H UyiMj^yiMBX^ £t5)iJ)pY^£J^T'
Project Location/Address:
Assessor Parcel Number: 2/4- - - ^
Zone of Subject Property:
Proposed Use of Site: r^r 2^y^yr^l. JFZ^^r^^M>CL -7:^A^/^/40M
^(yyj^/y<^vr
List all other applicable applications related to this project:
Environmental Impact Assessments for grading permits must be accompanied
with a qradina plan and grading profile.
2. Describe the activit^irea, including distiguishmg natural and man-
made characteristics; also provide precise slope analysis when
appropriate.
7/ /
Describe energy conservation measures incorporated into the design
and/or operation of the project.
4. If residential/ include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household size expected.
5. If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
6. If industrial, indicate type, estimated employment per shift, and
loading facilities.
7. If institutional, indicate the major function, estimated employment per
shift, estimated occupancy, loading facilities, and community benefits
to be derived from the project.
-2-
I, ENVIRONMENTAL IMPA(I^!?VNALYSIS
Answer the following questions by placing a check in the appropriate
space. (Discuss all items checked "yes". Attach additional sheets as
necessary.)
YES NO
1) Could the project significantly change present
land uses in the vicinity of the activity?
2) Could the activity affect the use of a recreational
area, or area of important aesthetic value?
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
10) Does the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
11) Could the activity significantly affect fish,
wildlife or plant life?
12) Are there any rare or endangered plant species
in the activity,area?
13) Could the activity change existing features of
any of the city's lagoons, bays, or tidelands?
15) Could the activity result in the erosion or
elimination of agricultural lands?
3) Could the activity affect the functioning of an ^
established community or neighborhood? ^
4) Could the activity result in the displacement of
community residents?
5) Could the activity increase the number of low and ^
modest cost housing units in the city? ^
6) Could the activity decrease the number of low and ^
modest cost housing units in the city? ^
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other ^
parts of the county, state or nation?
8) Could the activity significantly affect an
historical or archaeological site or its settings?
y
14) Could the activity change existing features of /
any of the city's beaches?
16) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop- - /
ment of already developed areas? ^
-3-
17) Will the activity require a variance from
established environmental standards (air, water,
noise, etc.)?
18) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state or
federal environmental.control agency?
19) will the activity require issuance of a variance
or conditional use permit by the City?
26:
28]
YES NO
22) Will the activity involve construction of
facilities in the area of an active fault?
23) Will the activity involve construction of
facilities on a slope of 25 percent or greater?
25) Could the activity result in the generation of
significant amounts of dust?
(a) Indicate estimated grading to be done in
cubic yards: ^.^^^^^ .
(b) Percentage of alteration to the present
land form: .
(c) Maximum height of cut or fill slopes:
<-<r
30) Will the activity result in substantial increases
in ths use of utilities, sewers, drains or streets?
31) Is the activity carried out as part of a larger
project or series of projects?
-4-
20) Will the activity involve the application, use, or .
disposal of potentially hazardous materials? ^
21) Will the activity involve construction of
facilities in a flood plain?
24) Could the activity result in the generation of X
significant amounts of noise? ^
Will the activity involve the burning of brush, /
trees, or other materials? ^
27) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground A
water, off-shore.)
Will the project substantially increase fuel y
consumption (electricity, oil, natural gas, etc.)? ^
29) Will there be a significant change to existing V
land form?
STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL E^CTS
If you have answered yes to one or more of the questions in Section
I but you think the activity will have no significant environmental
effects, indicate your reasons below:
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature
(Person Completing Report)
Date Signed /(<:? ' S>6^
-5-
NOTICE OP PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Cotmission of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
Califomia, at 6:00 p.m. on Wednesday, January 22, 1986, to consider approval of
Conditional Use Permit to allow the construction of an enclosure to aeconmodate
electronic telepAione equipment on property generally located at the northeast
corner of Poinsettia Lane and Avenida Encinas in the C-2 zone arx3 more
particularly described as:
A portion of Lot 4 of Carlsbad Tract No. 81-5 according to Map Nb.
10899, filed in the Office of the County Recorder, April 11, 1984.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions please call the Planning
Department at 438-5591.
If you challenge the Conditional Use Permit in court, you may be limited to
raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: CUP-275
APPLICANT: PACIFIC FiRT.r.
PUBLISH: January 11, 1986
CITY OF CARLSBAD PLANNING COMMISSION
LOCATION MAP
I. CCONOMY NN« or AMCMICA
t. rnomoto MOTBL a S. LSXIHO-ION 4. -TRAVCLOOM
a. KAisen
IA
FHOPOatO SCRVICI STATIOM
PAQRC BELL ClP-275
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, js.
COUNTY OF SAN DIEGO,
I ••
lc4
Jl 1988
RECEIVED
LAND USE
PLANNINQ OFFICE
ml
hi
I am a citizen of the United States and a residient of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the CarlSbSd Joumal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the NOTICE OF PUBLIC
/HiEA^ING *
' -^NOriCE IS HMEBY GIVEN that
the Plannipg'CommUsion of the
City df.Carlsbad will hold a public
•(^hearing ^t the City Council Cham-
' bets', 1200 Etitl Avenue, Carlsbad|
.vlffiylifornia, ateoo pm'i on Wednes'-.„ "
day, Januaiy 22, 1986, to consider V'*. f™" court,.you,m,ay be
'—• • '"Bited tb wsmg only those issues
10899, filed in the Office of the
'Countx^ecorder, April 11, ig]84,
I Those persons wisKing'to sfjfeak
on ;this proposal Sre cordially in-
vited tp atterid;the public hearing •
If you have any questions please
call the PlafTning Department at
438-5591 >'I
If you cliallen^e tlie Conditiohil'
property ^ generally located at the northeast ?,pondence delivered to the City of J
-^torner of Piihsettia Lane and'Ave- J'»P'''*° P^'or to the public
«lS(da Ehcinas in the C-2 zone and 2**"!!,^; „
n^ore particularly described as ^'^^ CUP-275
.''5--A portion of Lot 4 of Carlsbad " '^"P''^*"' PACIFIC BELL
, Tract No 81-5 according to Map No ' CITY 0^ cARLSBAD
' " ' ^ PLANNING COMMI.S.SION
LOCATION MAP
•:MII
i
r. CCOMOMY KM* Or..AMCKeA
'3.yi.ci(PMaTON''!>"
PACIFIC BELL
,,,CJ 4823: January II, 1986
I' pUP-275
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
January 11 86 19.
19
19,
19
19.
I certify und
and corre
State of
day of
at the foregoing is true
CQUjitv. of San Diego,
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, 55
COUNTY OF SAN DIEGO,
m 1336
RECEIVED
LAND USE
ptANNiNG OFFICE
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad JOUmal o newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the follov\/ing dates, to-wit:
NEGATIVE
DECLARATION
PR0JF;CT ADDRESS/LOCA-
TION : The northeast corner of Ave-
nida Encinas and Poinsettia Lane.
PROJECT DESCRIPTION:
Approval of a conditional use per-
mit to allow construction o" an en-
closure lo accommodate electronic
telephone equipment.
The City of Carlsbad has con
ducted an environmental review of
the above described project pur
suant to the Guidelines for Imple-
mentation of the Calitornia Envi-
ronmental Quality Act and the En-
vironmental Protection Ordi^jnce
of the City of Carisbad. As a result
of said review, a Negative Declara-
tion (declaration that the project
will not have a sit^nificant impact
on the environment) is hereby
issued for the subject project. Justi-
fication for this action is on file in
the Planning Department.
A copy of the Nt 'ive Declara-
tion .with supportive iocuments is
on file in liie Planning Department,
City Hall, 1200 Elm .Avenue, Carls-
bad. CA 92008. Comments from the
public are invited. Please submit
comments in writing to the Plan-
ning Department within ten (10)
days of date of issuance.
Dated: January 8. 1986
Case No: CUP-275
Applicant: Pacific Bell
MICHAEL J, HOLZMILLER
Planning Director
CJ 3622: January 8, 1986
.J.^nu.a.ry .8 19.36.
19 .
19
19
19 .
I certify urvifer penalty of periury that the foregoing is true
and correct, dxecut^d^t Carlsbad County of San Diego,
State of C^liforma/oi^/ ] tpe pxt)
day of i/mjy. JMd^y 19M:
#202-2M 9 85 Clerk of trie Printer
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OP THE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist the City of Carlsbaci to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted for this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approve<^ or
disapproved within 90 days after the certification of the
environmental impact report. The undersigned understands that the
City will process this application according to City Council
Resolution No. 7872 and consents to processing the application
according to that resolution.
^ A^-y3
^uifft^of Applicant or Date
Authorized Agent
Name (print) Title (Applicant, /Authorized Agent, etc.)
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Stxbdivision Map Act and the Carlsbad Municipal Code setTs a
fifty \50) day time restriction on Planning Coiranission p^^cessing
of Tentative Maps and a thirty (30) day time limit for/City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. Jiy accepting
applications for Tentative Maps concurrently with/applications
for other ap^ovals which are prerequisites to Ime map; i.e.,
EnvironmentalNAssessment, Environmental Impact/Report, Condominium
Plan, Planned Unit Development, etc., the fl^y (50) day time
limits and the thirty (30) day time limitsyare often exceeded.
If you wish to ha\e your application processed concurrently,
this agreement musrvbe signed by the appaicant or his agent. If
you choose not to srgn the statement ,y^e City will not accept
your application for Xhe Tentative Mifp until all prior necessary
entitlements have been^processed apa approved.
The undersigned understands thaAthe processing time required by
the City may exceed the ti
agrees to extend the time
City Coxincil action and fu
time up to one year from
as complete to properly
mits, therefore the undersigned
iL.s for Planning Commission and
concurs with any extensions of
he date the application was accepted
eview astl of the applications.
Signature Date
Name (Print) Relatiof^i^hip to Application
(Proper4r.y, Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
LANP USr PLAIMIMING /I ^PLICATION
DISCRETICmRY ACTIONS
REQUEST -
• Zone Change
• General Plan Amendment
• Tentative Tract Map
• Major Planned Unit Development
• Master Plan
• Major Redevelopment Pennit
• Minor Redevelopment Permit
• Precise Developnent Plan
(check other boxes if ^prcpriate)
•Specific Plan
•^te Development Plan
Efconditional Use Permit
•Plannii •Plannir^ Ccmmission Determination
•Special Use Permit
•Structure Relocation
•Major Condominium Permit
•Coastal Permit (Portion of Redevelopment
Area Only)
Conplete Description of Project (attach additional sheets if necessary)
y. ^f9C^H/^NT (Pf I^Nt'i/^NN^O £l£cr!Z-Oi^lC JT^^/J^/j^^T ^n^LoS<^/f£:
Legal Description (coipleti)
Assessors Parcel Number
Existing Land Use General Plan Zone
C7- Q
Proposed Zone Proposed General Plan Site Acreage
Owner Applicant
Name (Print or Type) Name (Print or Type)
J'l£m\CK HoLP/He^% LTD.
Mai 1 1 rv-j Ar1H-r«a.t!?; > ' Mailing Address
2.115 ^iPi LA VAU.E "^Zol-
Mailing Address
City and State Zip Telephone
^20\l Mh777Z.
City and State Zip Telephone
I CERTIFY THAT I AM THE LE)GAL OWNER AND
THAT ALL THE ABOVE INFORMATICN IS TRUE
AND CORRECT TO IHE BEST OF MY KNOWLEDGE.
I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
AND IHAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWIEDGE.
SIGNATURE DATE
Date Arolicaticm Rec*d
SIGNATTJtyi;^ D?^TE
3-2^"3 A
tee ^jplioation Rec'd
ived By
St^i i^igned
B»3ei{>t No.
S7d xy
Case Ntmbir^ / • '":'--Z-zZ:'Z^
I. SPECIFIC REcJiREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Pee: General Plan Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
TT Application Form ^
2. General Requirement Items:
- eighteen (18) copies of items B-D
- items E-0
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + 5.00 acre
Minor $185.00 + 2.00 acre
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
TT Application Form
2. General Requirement Items
eighteen (18) copies of item A
items E-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Major Planned development (5 or more units)
1. Application Form
2. General Requirement Items:
eighteen (18) copies of items B-D
- items E-0
3. Conversion to Condominiums - list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
February 27, 1985
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
RE: Carlsbad Tract No. 81-5
PACIFIC BELL JOB NO.: DB(19) 1567Q
Permission is hereby granted to Pacific Bell to apply for variances and/or
conditional use permits as required for the purpose of placing an electronic
equipment enclosure within the easement described in the attached document.
By: ^^A^ "f^^^^^^y
flerrick Deve^pment
Date: J^-^^'-^/f
t-hat further information is required, you will be so advised.
APPLICANT
Name (individual, partnership, joint venture, corporation, syndication)
73 37 r'A'yPD^ sr yooy^oyiO S.Q7ZIZI
Business Address
[0/9) S3h-.-=,M(^
Telephone Number
AGENT: /Aj-J^-fP^D S O^T^RON I
MEMBSHS:
Name
7 337 -v-^JOO^
Business Address
((3/91 ^'^7^- 3399
Telephone Nuisber
Name -(individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Nuaber Telephone Number
ifsne Eome Address
Business Address
Telephone Nuaber Telephone Number
(Attach more sheets if necessary)
I/v;e declcire under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be*
relied upon as being true and correct until amended.
BY
Agent, O-.Jneg, Pai Lii^lr
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e..
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Signature Date
^ .' z ...f
//
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
SUPPLEMEOTAL INFORMATION FORTI
VARIANCE
1) Gross Acres (or square footage, if less than acre)
2) Zone C'8~
3) General Plan Land Use Designaticn
4) By law a Variance may be approved cnly if certain facts are found to exist.
Please read tJnese requirements carefully and explain how the proposed
project meets each of these facts. Use additicnal sheets if necessary.
a) Explain why there are excepticnal or extraordinary circumstances or
ccnditicns applicable to the property or to the intended use that do not
apply generally to the other property or class of use in the same vicinity
and zcne: /ii^rj^ j^^r^ /.5 /'/Zopoj/»cr TA'^/'jM^£-Ai'^t.,T- ar T//^ £au,fiH^/rr .£^^-t^:s^/Ae
jr/W/iyME^rr -7-/0 ^jpjf^^ T^.e^y<^^UNicy^rioN /J£ci^n& a>r -mis. yf».^yi?i.y^Yyg^//.^AA.-.t-
yP/rrpuJiPf':. JS/fD a>7-M£re ^J-T/Zy-yy ^y^g...PT £-i.£: ^.m I iL.
b) Explain why such variance is necessary for the preservation and
enjoyment of a siabstantial property right possessed by otl-er property in
tl« same vicinity and zcne but which is denied to the property in questicxi:
/^i^/ji; /ffi^^—3.00 ^^£r ^^^Jr A:>^^.^^£.s.'ry ^//fpfi-yy /3.oo r££r
77/^ .5^/^ y^y^^/yf y^jT^-zO PyZcDV/P/^D .5'^ J^^T 7>,r^ /r'^^.i/
c) Explain why the granting of such variance vri.ll not be materially
detrimental to the public welfeure or injurious to the property or
inprovements in such vicinity and zone in which the property is located
^, —————'
d) Explain why the granting of such variance v.dll not adversely affect the
caxTprehensive general plan: 3/0^^/1^1^/9AJV /M/'/^^T^ OAJ .^y-^£^ syTT^tA
SS£l/lA^^^J^^^G£)^SL^^/¥£i^.7^^^ /IVSNJDA £y^Z.)UA\ 7s£7n1<
7>? 7-//2r ASc//^-i:?^Aj^