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HomeMy WebLinkAbout1994-09-21; Planning Commission; Resolution 3709iI 0 0 1 2 3 4 5 6 7 a 9 PLANNING COMMISSION RESOLUTION NO. 3709 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A CELLULAR TELECOMMUNICATION FACILITY ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF MACADAMIA DRIVE AND AVENIDA ENCINAS. CASE NAME: U.S. WEST CELLULAR - POINSETTIA CASE NO: CUP 94-06 WHEREAS, a verified application has been filed with the City of Carlsbad a referred to the Planning Commission; and IO WHEREAS, said verified application constitutes a request for a Conditional U 11 and 12 Permit as provided by Specific Plan 186 and Chapter 21.50 of the Carlsbad Municipal COC 4 WHEREAS, pursuant to the provisions of the Municipal Code, the Planni. 14 15 16 Commission did, on the 21st day of September, 1994, hold a duly noticed public hearing consider said application on property described as: 17 18 19 20 Lots 9 and 10 of Carlsbad Tract No. 81-05, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10899, filed in the Office of the County Recorder of San Diego County, April 1 1, 1984. WHEREAS, at said public hearing, upon hearing and considering all testimc 21 24 23 factors relating to CUP 94-06. 22 and arguments, if any, of all persons desiring to be heard, said Commission considered conditions: 28 27 26 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 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 Commissj APPROVES CUP 94-06, based on the following findings and subject to the followj iJ .I** /I 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. The project is consistent with the General Plan since the C-2 Zone allows th proposed use by a Conditional Use Permit and the findings for a Conditional Us Permit can be made as noted below. 2. All necessary public improvements have been provided or will be required as condition of approval. 3. The proposed project is compatible with the surrounding future land uses sinc surrounding properties are designated for commercial development on the General Plar 4. The proposed project is exempt from environmental review per Section 15303 c the California Environmental Quality Act. 5. The requested use is desirable for the development of the community as it will provic an additional level of communicative service to the community, is essentially harmony with the various elements and objectives of the general plan as the facility w! help "provide for emergency response during and after catastrophic events" aI; will help "optimize the organization and delivery of emergency services", and is n detrimental to existing uses or to uses specifically permitted in the zone in which tl proposed use is to be located since the antennas and roof equipment would I obscured from adjacent views by a parapet and screen. 6. The site for the intended use is adequate in size and shape to accommodate the use : the proposed facility will be confined within and on top of the existing building 7. All of the yards, setbacks, walls, fences, landscaping, and other features necessary adjust the requested use to existing or permitted future uses in the neighborhood will 1 provided and maintained as these features are currently provided except for tl screen, which is necessary to obscure the antennas from public view. 8. The street system serving the proposed use is adequate to properly handle the once- month visit by U.S. West Cellular personnel for maintenance and upkeep. 9. The proposed project is consistent with the City's C-2 (General Commercial) Zo and Specific Plan 186 because the proposed project is consistent with the UI permitted within this zone as well as development standards. 10. The proposed project is consistent with the Mello I Segment of the City's Lot Coastal Program because the proposed project is consistent with the polic regarding agricultural land, environmentally sensitive habitat, hazard usag public works, recreation and visitor serving facilities, visual land resources, a public access. .... .... RES0 NO. 3709 2 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 Conditions: 1. Approval is granted for CUP 94-06, as shown on Exhibit(s) "A" - "I", dated Septembf 21, 1994, incorporated by reference and on file in the Planning Departmen Development shall occur substantially as shown unless otherwise noted in thes conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of tl. site plan, as approved by the Planning Commission. The site plan shall reflect tl. conditions of approval by the City. The plan copy shall be submitted to the Plannir Director and approved prior to building, grading, final map, or improvement pla submittal, whichever occurs first. 3. This project shall comply with all conditions and mitigation measures which may 1 required as part of the Zone 22 Local Facilities Management Plan and any amendmen made to that Plan prior to the issuance of building permits. 4. If any condition for construction of any public improvements or facilities, or tl payment of any fees in lieu thereof, imposed by this approval or imposed by law on th project are challenged this approval shall be suspended as provided in Government Coc Section 65913.5. If any such condition is determined to be invalid this approval shs be invalid unless the City Council determines that the project without the conditic complies with all requirements of law, 5. Approval of this request shall not excuse compliance with all sections of the Zonir Ordinance and all other applicable City ordinances in effect at time of building perrr issuance. 6. This conditional use permit is granted for a period of 5 years. This conditional u: permit shall be reviewed by the Planning Director on a yearly basis to determine if 2 conditions of this permit have been met and that the use does not have a significa detrimental impact on surrounding properties or the public health and welfare. If tl Planning Director determines that the use has such significant adverse impacts, t: Planning Director shall recommend that the Planning Commission, after providing t permittee the opportunity to be heard, add additional conditions to mitigate t significant adverse impacts. This permit may be revoked at any time after a pub: hearing, if it is found that the use has a significant detrimental affect on surroundil land uses and the public's health and welfare, or the conditions imposed herein have n been met. This permit may be extended for a reasonable period of time not to exce 5 years upon written application of the permittee made no less than 90 days prior to t expiration date. In granting such extension, the Planning Commission shall find that substantial adverse affect on surrounding land uses or the public's health and welfi will result because of the continuation of the permitted use. If a substantial advel affect on surrounding land uses or the public's health and welfare is found, the extensi shall be considered as an original application for a conditional use permit. There is limit to the number of extensions the Planning Commission may grant. .... RES0 NO. 3709 3 0 e 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Prior to the issuance of the building permit there shall be a Notice of Restriction placet on the Deed to this property subject to the satisfaction of the Planning Director notifyin all interested parties and successors in interest that the City of Carlsbad has issued Conditional Use Permit by Resolution No. 3709 on the real property owned by th declarant. Said Notice of Restriction shall note the property description, location of th file containing complete project details and all conditions of approval as well as an conditions or restrictions specified for inclusion in the Notice of Restriction. Th restrictions referred to in said notice may be modified or terminated only with th approval of the Planning Director, Planning Commission or City Council of the City ( Carlsbad whichever has final decision authority for this project. 8. All roof appurtenances, including air conditioners, shall be architecturally integrated an concealed from view and the sound buffered from adjacent properties and streets, i substance as provided in Building Department Policy No. 80-6, to the satisfaction of tl- Directors of Planning and Building. 9. The antenna screens shall match the color and materials shown on Exhibit "I" (tk materials board). 10. In the event that similar telecommunication facilities wish to locate on the subjec property in the future, U.S. West Cellular shall not object to the installation an operation of such facilities unless such facilities are technically incompatible wil U.S. West Cellular's facility. Additional telecommunication facilities must obtai separate city permits (i.e. CUP) prior to locating at the subject site. .... .... .... .... .... .... .... .... .... .... .... .... RES0 NO. 3709 4 * * e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin 1 2 Commission of the City of Carlsbad, California, held on the 21st day of September, 1994, b 3 I/ the following vote, to wit: 4 5 6 7 AYES: Chairperson Savary; Commissioners Welshons, Erwin, Noblc Nielsen, and Monroy. NOES: None. ABSENT: Commissioner Compas. 8 /I ABSTAIN: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I CARLSBAD PLANNING COMMISSION ATTEST: Planning Director ~