HomeMy WebLinkAbout1983-12-14; Planning Commission; Resolution 2225-1 c- " a a
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PLANNING COMMISSION RESOLUTION NO* 2225
A RESOLUTION OF THE PLANNING COPDIISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO INSTALL A MAXIMUM 55
FOOT HIGH RADIO ANTENNA ON PROPERTY GENERALLY
LOCATED AT 4134 SKYLINE DRIVE.
APPLICANT : PEVNEY
CASE NO: CUP-238
WHEREAS, a verified application has been filed wi,
City of Carlsbad and referred to the Planning Commission: '
WHEREAS, said verified application constitutes a
as provided by Title 21 of the Carlsbad Municipal Code; an
WHEREAS, pursuant to the provisions of the Munici,
the .Planning Commission did, on the 14th day of December,
hold a duly noticed public hearing to consider said applic 1 property described as:
1 Lot 38 of Carlsbad Highlands Unit No. 2, accordin
No. 2825, filed in San Diego County, December 5,
1951,
WHEREAS, at said hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring t
heard, said Commission considered all factors relating to
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
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 hea
Commission APPROVES CUP-238, based on the following fi and subject to the following conditions:
Findings
1) The site is physically suitable for the proposed use s
property has a large rear yard with several large pine
2) The proposed use is compatible with surrounding uses s
antenna will be camouflaged by vegetation and should r
airwave interference.
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4)
That the requested use is necessary or desirable for the
development of the community, is essentially in harmony
the various elements and objectives of the general plan,
is not detrimental to existing uses or to uses specifica
permitted in the zone in which the proposed use is to be
located.
That all of the yards, setabacks, walls, fences, landscz
and other features necessary to adjust th requested use
existing or permitted future uses in the neighborhood wI
provided and maintained.
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5) That the street system serving the proposed use is adeql
properly handle all traffic generated by the proposed u:
6) This project will not cause any significant environment:
impacts and a Negative Declaration has been issued by ff
Land Use Planning Manager on November 22, 1983 and
approved by the Planning Commission on December 14, 198:
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Conditions:
otherwise noted in these conditions. 14
reference and on file in the Land Use Planning Office. 13
1) Approval is granted for CUP-238, as shown on Exhibits
2) Approval of this request shall not excuse compliance w. 15 sections of the Zoning Ordinance and all other applical
16 ordinances in effect at time of building permit issuanc
17 3) The applicant shall submit detailed structural plans of
antenna which shall be approved by the building officia
18 to erection of such antenna.
19 4) This conditional use permit is granted for a period of
II All , 81 B It and I1 c II , dated December 14, 1983, incorporated
Development shall occur substantially as shown unless
years. This conditional use permit shall be reviewed
20 Land Use Planning Manager on a yearly basis to determi
ing properties or the public health and welfare. If ti
does not have a significant detrimental impact on surr 21
all conditions of this permit have been met and that t'
22 Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recomme 23 the Planning Commission, after providing the permittee
opportunity to be heard, add additional conditions to
24 the significant adverse impacts. This permit may be r
at any time after a public hearing, if it is found tha 25 use has a significant detrimental affect on surroundin
uses and the public's health and welfare, or the condi
26 imposed herein have not been met. This permit may be
for a reasonable period of time not to exceed five yea
27 written application of the permittee made not less tha
days prior to the expiration date. In granting such
28 PC RES0 NO. 2225 -2-
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extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses 01
public's health and welfare will result because of tht
continuation of the permitted use. If a substantial i
affect on surrounding land uses or the public's healtl
welfare is found, the extension shall be considered a:
original application for a conditional use permit. TE
no limit to the number of extensions the Planning Comr
may grant.
The Land Use Planning Manager may schedule a public he;
the Planning Commission to examine this conditional us(
should the City receive any reasonable complaints regal
impacts created by this use. Additional conditions ma]
added at said hearing or the permit may be revoked by .
Planning Commission.
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6) The antenna and operation of the antenna shall be in
compliance of all applicable FCC standards.
PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, ht
the 14th day of December 1983, by the following vote, to w:
AYES : Chairman Schlehuber, Commissioners Rombc
Marcus, Lyttleton, Farrow and Rawlins.
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ABSENT : None . 17
NOES : None .
ABSTAIN: None. 18
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CLARENCE SCHLEHUBER, Chai~ CARLSBAD PLANNING COMMISS:
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ATTEST:
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LAND USE PLANNING MANAGER
PC RES0 NO. 2225 -3- 28
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