HomeMy WebLinkAbout1994-07-20; Planning Commission; Resolution 36661
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PLANNING COMMISSION RESOLUTION NO. 3666
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN
EXPANSION OF AN EXISTING TELEPHONE ELECTRONIC
SWITCHING FACILITY IN THE PLANNED INDUSTRIAL ZONE
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CAMINO VIDA ROBLE JUST WEST OF YARROW DW.
CASE NAME: PACIFIC BELL
CASE NO: CUP 154 (A)
WHEREAS, a verified application has been filed with the City of (
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as pro\
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the F
Commission did, on the 15th day of June, 1994, and on the 6th day of July, 19!
a duly noticed public hearing to consider said application on property described
Lot 15 of Palomar Airport Business Park Unit No. 1, of Map
854 recorded December 31, 1974, City of Carlsbad, County
of San Diego, State of California.
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 154(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn
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 Corn
APPROVES CUP 154(A), based on the following findings and subject
following conditions:
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FiIldillES:
1. That the requested use is necessary and desirable for the developmen
community, is essentially in harmony with the various elements and obje
the General Plan, and is not detrimental to existing uses or to uses spf
permitted in the PM 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 accor
the use.
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.
4. That the street system serving the proposed use is adequate to properly h
traffic generated by the proposed use.
5. This project will not cause any significant environmental impacts and a 1
Declaration has been issued by the Planning Director on April 18, 1'
APPROVED by the Planning Commission on July 6, 1994. In appro7
Negative Declaration the Planning Commission has considered the initial s:
staff analysis, all required mitigation measures and any written comments
regarding the significant effects this project could have on the environm
6. The Applicant is by condition, required to pay any increase in public fac
or new construction tax, or development fees, and has agreed to abidc
additional requirements established by a Local Facilities Managemc
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. '
ensure continued availability of public facilities and will mitigate any cu
impacts created by the project.
7. This project is consistent with the City's Growth Management Ordinance
been conditioned to comply with any requirement approved as part of t
Facilities Management Plan for Zone 5.
8. All necessary public improvements have been provided or will be rec
conditions of approval.
9. The proposed project is compatible with the surrounding land us
surrounding properties are designated for industrial development on the
Plan and the area has been fully developed with compatible planned i
developments.
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PC RES0 NO. 3666 -2-
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Conditions:
1. Approval is granted for CUP 154(A), as shown on Exhibit "A", dated July
incorporated by reference and on file in the Planning Department. Devf
shall occur substantially as shown. All conditions of CUP 154 are super!
the conditions contained herein.
2. The developer shall provide the City with a reproducible 24" X 36", mylal
the site plan as approved by the Planning Commission within 30 days of
of the project. The site plan shall reflect the conditions of approval req
the City.
3. This project is approved under the express condition that the applicant
public facilities fee adopted by the City Council on July 28, 1987 and as :
from time to time, and any development fees established by the City
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other o
adopted to implement a growth management system or facilities and impr
plan. If the fees are not paid this application will not be consistent
General Plan and approval for this project will be void.
4. This project shall comply with all conditions and mitigation measures wl
be required as part of the Zone 5 Local Facilities Management Plan
amendment made to that plan prior to the issuance of any building pen
5. If any condition for construction of any public improvements or facilitie
payment of any fees in lieu thereof, imposed by this approval or impose
on this project are challenged this approval shall be suspended as prc
Government Code Section 65913.5. If any such condition is determin
invalid this approval shall be invalid unless the City Council determines
project without the condition complies with all requirements of law.
6. Approval of this request shall not excuse compliance with all section
Zoning Ordinance and all other applicable City ordinances in effect at thl
building permit issuance.
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PC RES0 NO. 3666 -3-
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7. This conditional use permit is granted for a period of 10 years. This COI
use permit shall be reviewed by the Planning Director on a yearly
determine if all conditions of this permit have been met and that the use
have a significant detrimental impact on surrounding properties or th
health and welfare. If the Planning Director determines that the use 1
significant adverse impacts, the Planning Director shall recommend
Planning Commission, after providing the permittee the opportunity to k
add additional conditions to mitigate the significant adverse impacts. Th
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. Thi
may be extended for a reasonable period of time not to exceed 10 ye;
written application of the permittee made no less than 90 days prio
expiration date. In granting such extension, the Planning Commission s
that no substantial adverse affect on surrounding land uses or the public
and welfare will result because of the continuation of the permitted u
substantial adverse affect on surrounding land uses or the public's he;
welfare is found, the extension shall be considered as an original applic;
a conditional use permit. There is no limit to the number of extens]
Planning Commission may grant.
8. If the property owner/owners' address changes from that which is show1
conditional use permit application, a notice of a change of address !
reported, in writing, to the Planning Department within 30 days.
I 9. Existing onsite trees shall be retained and shall be trimmed and/or topped
decaying or potentially dangerous trees shall be approved for remova'
discretion of the Planning Department. Landscaping shall continue to be t
to provide an adequate line of sight from the driveway.
I 10. All landscaped areas shall be maintained in a healthy and thriving conditil
from weeds, trash, and debris.
11. Any signs proposed for this development shall at a minimum be desil
conformance with the City's Sign Ordinance and shall require review and a
of the Planning Director prior to installation of such signs.
12. All roof appurtenances, including air conditioners, shall be archite
integrated and concealed from view and the sound buffered from a
properties and streets, in substance as provided in Building Department Po
80-6, to the satisfaction of the Directors of Planning and Building.
13. The applicant/owner shall repair and maintain all asphalt surfaces.
PC RES0 NO. 3666 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20t:h day of July, : 1
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AYES: Chairperson Savary; Commissioners Welshons,
Compas, Monroy and Nielsen.
NOES: Commissioner Erwin.
ABSENT: None.
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ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
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' ATTEST:
Planning Director
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II PC RES0 NO. 3666 -5-