HomeMy WebLinkAbout1993-10-20; Planning Commission; Resolution 3541, . 0 e
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PLANNING COMMISSION RESOLUTION NO. 3541
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
CONSTRUCT A CELLULAR COMMUNICATIONS FACILITY ON
PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
HARDING STREET BETWEEN CHESTNUT AVENUE AND
PALM AVENUE IN THE NORTHWEST QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1.
CASE NAME: U. S. WEST CELLULAR - CARLSBAD
CASE NO: CUP 93-03
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Cornmission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 1st day of September, 1993, the 6th day of October, 1993, and
on the 20th day of October, 1993, hold duly noticed public hearings to consider said
application on property described as:
Lots 1 through 32 of Block 61 of Map 775, in the City of
Carlsbad.
WHEREAS, at said public hearings, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to CUP 93-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 hearing, the Commission
APPROVES CUP 93-03, based on the following findings and subject to the
following conditions:
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Finb:
1. That the requested use is necessary or desirable for the development of the
community by providing additional communication facilities, and by helping Nfill
a goal of the Health and Safety Element in optimizing organization and delivery
of emergency services upon the need, and is not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is to be located;
2. That the site for the intended use is adequate in size and shape to accommodate
the use;
3. 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;
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Conditions:
1. Approval is granted for CUP 93-03, as shown on Exhibit(s) "A" - "F", dated October
6, 1993, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the site plan as approved by the Planning Commission. The site plan shall reflect
the conditions of approval by the City. The plan copy shall be submitted to the
City Engineer and approved prior to building, grading, final map, or improvement
plan submittal, whichever occurs first.
3. This project is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Councfi pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated May 31, 1993, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
4. Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
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PC RES0 NO. 3541 -2-
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5. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
6. This conditional use permit is granted for a period of 5 years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
significant detrimental affect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed 5 years upon written
application of the permittee made no less than 90 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 the public's health and
welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
7. All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No.
80-6, to the satisfaction of the Directors of Planning and Building.
8. An exterior lighting plan shall be submitted for Planning Director approval. All
lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
9. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
In such instance a storage plan will be submitted for approval by the Fire Chief
and the Planning Director.
10. The applicant shall paint the building a color to the satisfaction of the Utilities and
Maintenance Director.
11. Any additional antennas shall require an amendment to the Conditional Use
Permit.
12. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
PC RES0 NO. 3541 -3-
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13. The applicant (US. West Cellular) shall enter into an agreement prior to building
permit issuance, subject to the satisfaction of the City Attorney and Planning
Director that indemnifies and holds harmless the City from all losses, damages,
claims or other liability exposure resulting from this project.
14. In the event of a disaster, if necessary and feasible, the microwave antenna shall
be installed within 24 hours.
Ennineering:
15. The applicant shall secure a right-of-way permit prior to any work in the public
right-of-way.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of October, 1993,
by the following vote, to wit:
AYES: Commissioners: Betz, Welshons, Savary & Erwin.
NOES: Chairman Noble and Commissioner Hall.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
ATTEST:
+‘/\e
Ab BAILEY NO&E;&Gson
CARLSBAD PLANNING COMMISSION
. .”-
PLANNING DIRECTOR
PC RES0 NO. 3541 -4-