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HomeMy WebLinkAbout1993-10-20; Planning Commission; Resolution 3541, . 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 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: , 0 e 1 2 3 4 5 6 7 8 9 'LO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ... PC RES0 NO. 3541 -2- I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 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- II . 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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-