HomeMy WebLinkAbout1994-07-06; Planning Commission; Resolution 36721
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PLANNING COMMISSION RESOLUTION NO. 3672
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
CORNER OF PI0 PIC0 AND CHESTNUT AVENUE.
CASE NAME: U.S. WEST CELLULAR
CASE NO: CUP 94-04
WHEREAS, a verified application has been filed with the City of (
PROPERTY GENERALLY LOCATED ON THE SOUTH-EAST
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as pro1
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the E
Commission did, on the 6th day of July, 1994, hold a duly noticed public he
consider said application on property described as:
A portion of parcel 1 of Parcels Map No. 12574, in the City
of Carlsbad, in the County of San Diego, State of California,
according to Map thereof, filed in the office of the County
Recorder of San Diego County, February 24, 1983.
WHEREAS, at said public hearing, upon hearing and conside
testimony and arguments, if any, of all persons desiring to be heard, said Con
considered all factors relating to CUP 94-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
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 Con
APPROVES CUP 94-04, based on the following findings and subject
following conditions:
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FiIldiIlm:
1. That the requested use is necessary or desirable for the developmen
community by providing additional communication facilities, and by helpj
a goal of the Health and Safety Element in optimizing organization and
of emergency services upon the need, and is not detrimental to existing u
uses specifically permitted in the zone in which the proposed use is to be
2. That the site for the intended use is adequate in size and shape to accon
the use since the antennas would be located on top of the existing built
they would be of a height compatible with that allowed by the underlyir
3. That all of the yards, setbacks, walls, fences, landscaping, and other
necessary to adjust the requested use to existing or permitted future us(
neighborhood will be provided and maintained. With the exceptio1
modification of the roof screen, all of these features are currently provj
maintained;
4. That the street system serving the proposed use is adequate to properly ha
smaU amount of traffic generated by the proposed use.
Conditions:
1. Approval is granted for CUP 94-04, as shown on Exhibits "A" - "H", datec
1994, incorporated by reference and on file in the Planning Dep:
Development shall occur substantially as shown unless otherwise noted
conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar
the site plan as approved by the Planning Commission. The site plan sha,
the conditions of approval by the City. The site plan shall be submittec
Planning Director and approved prior to building plan submittal.
3. This conditional use permit is granted for a period of five (5) year:
conditional use permit shall be reviewed by the Planning Director on a yea:
to determine if all conditions of this permit have been met and that the I
not have a significant detrimental impact on surrounding properties or th
health and welfare. If the Planning Director determines that the use h
significant adverse impacts, the Planning Director shall recommend t
Planning Commission, after providing the permittee the opportunity to bc
add additional conditions to mitigate the significant adverse impacts. Thi:.
may be revoked at any time after a public hearing, if it is found that the
a significant detrimental affect on surrounding land uses and the public':
and welfare, or the conditions imposed herein have not been met. This
PC RES0 NO. 3672 -2-
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l i may be extended for a reasonable period of time not to exceed five (5) yt
written application of the permittee made no less than 90 days pric
expiration date. In granting such extension, the Planning Commission
that no substantial adverse affect on surrounding land uses or the publi
and welfare will result because of the continuation of the permitted 1
substantial adverse affect on surrounding land uses or the public's hc
welfare is found, the extension shall be considered as an original applic
a conditional use permit. There is no limit to the number of exten
Planning Commission may grant.
6 4. All roof appurtenances, including air conditioners, shall be archi
properties and streets, in substance as provided in Building Department F 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the 9
80-6, to the satisfaction of the Directors of Planning and Building. 8
integrated and concealed from view and the sound buffered from
lo 11 Commission of the City of Carlsbad, California, held on the 6th day of July, 19s
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following vote, to wit:
AYES: Chairperson Savary; Commissioners Welshons, Erwi
Compas, Monroy and Nielsen.
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NOES: None.
ABSENT: None.
ABSTAIN: None.
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23 ATTEST:
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25 MICHAEL J. HOLZM~LER
Planning Director
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