HomeMy WebLinkAbout1995-03-15; Planning Commission; Resolution 3756e 0
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PLANNING COMMISSION RESOLUTION NO. 3756
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A CELLULAR
COMMUNICATION FACILITY ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN
EL FUERTE AND XANA WAY.
CASE NAME: LA COSTA CELL SITE
CASE NO: CUP 94-1 1
WHEREAS, a verified application has been filed with the City of Carl!
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditil
Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 15th day of March, 1995, hold a duly noticed public hearing to
said application on property described as:
A parcel of land being a portion of Parcel 4 of Parcel Map No.
10179, fded in the Office of the County Recorder of the County of
San Diego, State of CaLifornia, being a portion of Section 30,
Township 12 South, Range 3 West, San Bernardino Meridian, in
the City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testin
arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to CUP 94-1 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
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 Cox
APPROVES CUP 94-1 1, bad on the following findings and subje
following conditions: I ...
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Findinm:
1. That the requested use is desirable for the development of the community as
provide an additional level of service to the community, is essentially in harmo
the various elements and objectives of the general plan as the facility will help ‘‘I
for emergency response during and after catastrophic events” and will help “0,
the organization and delivery of emergency services”, and is not detrimental to 1
uses or to uses specifically permitted in the zone in which the proposed use j
located;
2. That the 1.53 acre site is adequate in size and shape to locate the three hundl
sixty square foot communication facility building and antenna platform;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features nc
to adjust the requested use to existing or permitted future uses in the neighborhc
be provided and maintained. The existing landscaping is adequate to scrt
facility from distant views;
4. That the street system serving the proposed use is adequate to properly handle a1
generated, for routine maintenance visits, by the proposed use.
Conditions:
1. Approval is granted for CUP 94-1 1, as shown on Exhibit(s) “A” - “B”, dated M
1995, incorporated by reference and on file in the Planning Department. Devel
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
plan as approved by the Planning Commission. The sire plan shall reflect the COI
of approval by the City. The plan copy shall be submitted to the Planning Direc
approved prior to building, grading, fd map, or improvement plan submittal, wl:
occurs first.
3. This project shall comply with all conditions and mitigation measures which
required as part of the Zone 11 Local Facilities Management Plan and any mer
made to that Plan prior to the issuance of building permits.
4. Approval of this request shall not excuse compliance with all sections of the
Ordinance and all other applicable City ordinances in effect at time of building
issuance.
5. This approval shall become null and void if building permits are not issued
project within one year from the date of project approval.
6. This Conditional Use Permit is granted for a period of 5 years. This Conditio
Permit shall be reviewed by the Planning Director on a yearly basis to determi
conditions of this permit have been met and that the use does not have a su€
PC RES0 NO. 3756 -2-
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negative affect on surrounding properties or the public health and welfare. If the :
Director determines that the use has such substantial negative effects, the
Director shall recommend that the Planning Commission, after providing the 1
the opportunity to be heard, add additional conditions to reduce or elimi
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental affect on surrounc
uses and the public’s health and welfare, or the conditions imposed herein have
met. This permit may be extended for a reasonable period of time not to exceec
upon written application of the permittee made no less than 90 days prio
expiration date. The Planning Commission may not grant such extension, unles
that there are no substantial negative affects on surrounding land uses or the
health and welfare. If a substantial negative affect on surrounding land use
public’s health and welfare is found, the extension shall be denied or gram
conditions which will eliminate or substantially reduce such effects. There is nc
the number of extensions the Planning Commission may grant.
7. Prior to the issuance of the Conditional Use Permit Developer shall submit to tl
Notice of Restriction to be filed in the office of the County Recorder, subjec
satisfaction of the Planning Director notifying all interested parties and succe
interest that the City of Carlsbad has issued a Conditional Use Permit by Resolul
3756 on the real property owned by the declarant. Said Notice of Restriction SI
the property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for incl
the Notice of Restriction. The City’s final decision maker for the project has the a
to allow the developer to execute and record an amendment to the notice which I
or terminates said notice upon a showing of good cause.
8. The Developer shall report, in writing, to the Planning Director within 30 ck
address change from that which is shown on the conditional use permit applicat,
9. All roof appurtenances, including air conditioners, shall be architecturally integra
concealed from view and the sound buffered from adjacent properties and str
substance as provided in Building Department Policy No. 80-6, to the satisfactiol
Directors of Planning and Building.
10. No outdoor storage of material shall occur onsite unless required by the Fire CI
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
11. In the event that similar telecommunication facilities wish to locate on the
property in the future, Air Touch Cellular shall not object to the installation and or
of such facilities unless such facilities are technically incompatible with Air
Cellular’s facility. Additional telecommunication facilities must obtain separa
Permits (i.e. CUP) prior to locating at the subject site.
....
PC RES0 NO. 3756 -3-
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1 12. The antennas permitted by this Conditional Use Permit are thirty directional cl
antennas, six omni directional whip antennas not to exceed ffiteen feet in lengtl
2 digital radio dish antennas not to exceed eight feet in diameter.
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13. Any additional antennas shall require an amendment to the Conditional Use €
14. A hold harmless agreement to the satisfaction of the City Attorney and Planning C
5 shall be submitted and approved prior to issuance of building permit.
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Commission of the City of Carlsbad, California, held on the 15th day of March, 1995, 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the PI
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following vote, to wit:
AYES: Chairperson Welshons; Commissioners Erwin, Monroy, 1\; 10 Noble, and Savary.
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NOES: None.
ABSENT: None.
ABSTAIN: commissioner Compas.
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ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
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PC RES0 NO. 3756 -4-
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