HomeMy WebLinkAbout1991-01-16; Planning Commission; Resolution 3183* 0 0
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PLANNING COMMISSION RESOLUTION NO. 3183
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION TO A
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW THE OPERATION
OF A CABLE TELEVISION MICROWAVE RECEIVING ANTENNA ON
PROPERTY GENERALLY LOCATED 2000 FEET SOUTHEAST OF THE
INTERSECTION OF ALGA ROAD AND EL FUERTE STREET.
CASE NAME: DANIELS CABLEVISION
CASE NO: CUP 88-2x1
WHEREAS, a verified application has been filed with the City of Carlsbad a
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannj
Commission did, on the 16th day of January, 1991, hold a duly noticed public heari
to consider said application on property described as:
A portion of Parcel 4 of Parcel Map 10179 on file in the office of the COUI
Recorder of San Diego County, State of California,
WHEREAS, at said public hearing, upon hearing and considering all testimony a
arguments, if any, of all persons desiring to be heard, said Commission considered
factors relating to CUP 88-2x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of'
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 Commiss
APPROVES CUP 88-2x1, based on the following findings and subject to
following conditions:
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Findinns:
1. That the requested use is necessary or desirable for the development of
community and is essentially in harmony with the various elements and objecti
of the general plan as it provides needed cable television service to the south
section of carlsbad, and is not detrimental to existing uses or to uses specifics
permitted in the zone in which the proposed use is to be located because of
monopole design and the landscaping surrounding the antenna.
2. That the site for the intended use is adequate in size and shape to accommod
the use because all development required for operation fits within the disturl
area adjacent to the existing water tank.
3. That all of the yards, setbacks, walls, fences, landscaping, and other featu
necessary to adjust the requested use to existing or permitted future uses in t
neighborhood will be provided and maintained as the landscaping and fencing
in place and conditioned to remain as such.
4. That the street system serving the proposed use is adequate to properly handle
traffic generated by the proposed use as Alga Road is a major arterial capable
accommodating the exclusively service-related traffic.
Conditions:
1. Approval is granted for CUP 88-2x1, as shown on Exhibit(s) "A" - "c", dat
January 4 and April 5, 1988, incorporated by reference and on file in the Plannij
Department. Development shall remain substantially as shown unless othenvj
noted in these conditions.
2. Cup "2x1 is subject to all conditions of CUP 88-2, Planning Commissi
Resolution No. 2739 dated May 18, 1988, incorporated herein by reference a
on file in the Planniug Department, except Condition No. 6 which is replaced wj
Condition No. 3 below.
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PC RES0 NO. 3183 -2-
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3. This conditional use permit is extended for a period of five years and eight mont!
from the date of expiration, or from May 18, 1990 to January 16, 1996. Th
conditional use permit shall be reviewed by the Planning Director on a yearly bas
to determine if all conditions of this permit have been met and that the use do
not have a significant detrimental impact on surrounding properties or the pub:
significant adverse impacts, the Planning Director shall recommend that t:
Planning Commission, after providing the permittee the opportunity to be hear
add additional conditions to mitigate the significant adverse impacts. This pern
may be revoked at any time after a public hearing, if it is found that the use h
a significant detrimental affect on surrounding land uses and the public's heal
and welfare, or the conditions imposed herein have not been met. This pern
may be extended for a reasonable period of time not to exceed five years up(
written application of the permittee made no less than 90 days prior to t
expiration date. In granting such extension, the Planning Commission shall fi
that no substantial adverse affect on surrounding land uses or the public's heal
and welfare will result because of the continuation of the permitted use. If
substantial adverse affect on surrounding land uses or the public's health a
welfare is found, the extension shall be considered as an original application f
a conditional use permit. There is no limit to the number of extensions t
health and welfare. If the Planning Director determines that the use has SUI
Planning Commission may grant.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 16th day of January, 195
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schram
McFadden, Erwin and Hall.
NOES: None.
ABSENT: Commissioner Ma "
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST: &;&&a 4
MICHAEL J. HOLZM~~ER
PLANNING DIRECTOR
PC RES0 NO. 3183 -3-