HomeMy WebLinkAbout1983-11-09; Planning Commission; Resolution 2217<-
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1 // TLANNING COMMISSION RESOLUTION NO. 2217
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE
A TV EARTH STATION ON PROPERTY GENERALLY LOCATED
APPROXIMATELY 1000 FEET EAST OF THE
INTERSECTION OF EL FUERTE STREET AND LUCIERNAGA
STREET.
APPLICANT: RANCHO LA COSTA CABLE TV
CASE NO: CUP-237
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WHEREAS, said verified application constitutes a rec 9
WHEREAS, a verified application has been filed with
WHEREAS, pursuant to the provisions of the I\ilunicipal
8 City of Carlsbad and referred to the Planning Commission; and
10 as provided by Title 21 of the Carlsbad Municipal Code; and
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hold a duly noticed public hearing to consider said applicatj 13
the Planning Commission did, on the 9th day of November, 1982
property described as: 14
l5 I/ a portion of Parcel 4 of Parcel Map 10179 filed in t
County of San Diego,
l6 I1 WHEREAS, at said hearing, upon hearing and consider]
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testimony and arguments, if any, of all persons desiring to 1
heard, said Commission considered all factors relating to CUI
19 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil
2o 1 Commission of the City of Carlsbad as follows:
21/1 (A) That the foregoing recitations are true and correct.
22 (€3) That based on the evidence presented at the public hearil
23 Commission APPROVES CUP-237, based on the following find
and subject to the following conditions:
24 11 Findings:
25 1) That the proposed use is necessary and desirable for the
26 development of the community, is essentially in harmony with
detrimental to existing uses specifically permitted in this 27
various elements and objectives of the General Plan and is ni
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2) The subject property is adequate in size and shape to
accommodate the proposed use.
3) All of the yards, setbacks, walls, fences, landscaping and
other features necessary to adjust the requested use to
existinng and permitted future uses in the neighborhood wi
be provided and maintained.
5 4) The street system serving the subject property is adequate
5) The project will not cause any significant environmental 6
properly handle all traffic generated by the proposed use.
7 impacts and a Negative Declaration has been issued by the
Planning Director on October 19, 1983 and approved by the
8 Planning Commission on November 9, 1983.
9 //Conditions :
10 1) Approval is granted for CUP-237, as shown on Exhibit(s) '
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and 'IB", dated October 11, 1983, incorporated by referenc
on file in the Land Use Planning Office. Development sh:
'IC)
occur substantially as shown unless otherwise noted in t3
conditions.
.LC I/
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This project is approved upon the express condition that
applicant shall pay a public facilities fee as required 1 City Council Policy No. 17, dated April 2, 1982, on file
the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for
payment of said fee, a copy of that agreement, dated
September 8, 1983, is on file with the City Clerk and
incorporated herein by reference. If said fee is not pa.
promised, this application will not be consistent with tl
General Plan and approval for this project shall be void
Approval of this request shall not excuse compliance wit'
sections of the Zoning Ordinance and all other applicabl,
ordinances in effect at time of building permit issuance
This approval shall become null and void if building per:
are not issued for this project within two years from th
of project approval.
22 5) The applicant shall prepare a detailed landscape and irr
23 tion plan which shall be submitted to and approved by th
24 permits.
25 6) All landscaped areas shall be maintained in a healthy an
Use Planning Manager prior to the issuance of building
thriving condition, free from weeds, trash, and debris.
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PC RES0 NO. 2217 -2-
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This conditional use permit is granted for a period of fi
years. This conditional use permit shall be reviewed by
Land Use Planning bianager on a yearly basis to detern’ L Ine
all conditions of this permit have been met and that the
does not have a significant detrimental impact on surrour
ing properties or the public health and welfare. If the
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommend
opportunity to be heard, add additional conditions to mi-
the significant adverse impacts. This permit may be rev(
at any time after a public hearing, if it is found that
use has a significant detrimental affect on surrounding
uses and the public’s health and welfare, or the conditic
imposed herein have not been met. This permit may be ex’
for a reasonable period of time not to exceed five years
written application of the permittee made not less than ’
days prior to the expiration date. In granting such
extension, the Planning. Commission shall find that no substantial adverse affect on surrounding land uses or t‘
public’s health and welfare will result because of the
continuation of the permitted use. If a substantial adv
affect on surrounding land uses or the public’s health a
welfare is found, the extension shall be considered as a
original application for a conditional use permit. Ther
no limit to the number of extensions the Planning Commis
may grant.
the Planning Commission, after providing the permittee tl
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8) NO structure or antenna shall exceed a maximum height of
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feet .
PASSED, APPROVED AND ADOPTED at a regular meeting of
Planning Commission of the City of Carlsbad, California, held
l8 11 the 9th day of November, 1983, by the following vote, to wit:
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AYES : Chairrnan Schlehuber, Ccmunissioners -tis, P&.rcus,
NOES: None e
Lyttleton, Friestedt and Rawlins.
ABSENT : ca”issioner Farrm.
ABSTAIN: Nonee
LC
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CLARENCE SCHLEHUBER, Chair&
CARLSBAD PLANNING COMMISSIOB
27 11 ATTEST :
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II LAND USE PLANNING MANAGER
PC mS0 NO. 2217 -3-