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Home My WebLink About1995-08-16; Planning Commission; Resolution 37951 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 * 1) PLANNING COMMISSION RESOLUTION NO. 3795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW TWO ADDITIONAL SATELLITE ANTENNA TO SERVE NTN COMMUNICATIONS ON PROPERTY GENERALLY LOCATED AT 5966 LA PLACE COURT. CASE NAME NTN COMMUNICATIONS SATELLITE CASE NO: CUP 95-06 WHEREAS, NTN Communications, Inc. as lessee and Campus, California Limited Liability Company, have filed a verified application with the Carlsbad and referred to the Planning Commission; and ANTENNAS WHEREAS, said verified application constitutes a request for a Cor Use Permit for additional satellite antennas as provided by Chapter 21.42 of the ( Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the F Commission did, on the 16th day of August, 1995, hold a duly noticed public he; consider said application on property described as: Lot 14 of Carlsbad Tract No. 81-10 Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10330, filed in the Office of the County Recorder of San Diego County, February 18, 1982. WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission consid, factors relating to CUP 95-06. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission of the City of Carlsbad as follows: A) ghat the foregoing recitations are true and correct. e... . 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 a 0 €3) That based on the evidence presented at the public hearing, the Comm APPROVES CUP 95-06, based on the following findings and subject to the foll conditions: Findings: 1. That the requested use is necessary or desirable for the development ( community, is essentially in harmony with the various elements and objectives general plan, and is not detrimental to existing uses or to uses specifically pen in the zone in which the proposed use is to be located since it is an accessor: use located on an existing industrial building which is consistent with the Planned Industrial (PI) General Plan land use designation. The project v entirely screened from surrounding development by a mesh screen which is p8 to match the building and roof thereby ensuring its compatibility with surrou land uses. 2. That the site for the intended use is adequate in size and shape to accommod: use since the proposed site is the rooftop of an existing industrial building wl adequate to accommodate two additional satellite antennas and the rei screening. 3. That all of the yards, setbacks, walls, fences, landscaping, and other fe necessary to adjust the requested use to existing or permitted future uses neighborhood will be provided and maintained in that the proposed scr required to entirely screen the satellite antennas from ground view within 5( and from El Camino Real 4. That the street system serving the proposed use is adequate to properly han traffic generated by the proposed use since the satellite antenna will have no i on the street system. Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit i NTN Communications Satellite Antennas Project entitled “CUP 95-06”. (Exhit: - “C” on file in the Planning Department and incorporated by this reference, August 16, 1995), subject to the conditions herein set forth. Staff is authorizc directed to make or require the Developer to make all corrections and modific to the approved Documents, as necessary to make them internally consiste. conform to Planning Commission’s final action on the Project. Developmen occur substantially as shown on the approved exhibits. Any proposed develo substantially different from this approval, shall require an amendment 1 approval. ~ 2. The Developer shall comply with all applicable provisions of federal, state, an ordinances in effect at the time of building permit issuance. PC RES0 NO. 3795 -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 3. This Conditional Use Permit is granted for a period of five years. This Con( Use Permit shall be reviewed by the Planning Director on a yearly basis to det if all conditions of this permit have been met and that the use does not substantial negative effect on surrounding properties or the public health and v If the Planning Director determines that the use has such substantial negative the Planning Director shall recommend that the Planning Commission providing the permittee the opportunity to be heard, add additional condit reduce or eliminate the substantial negative effects. This permit may be rev( any time after a public hearing, if it is found that the use has a subs detrimental effect on surrounding land uses and the public’s health and welf the conditions imposed herein have not been met. This permit may be extent a reasonable period of time not to exceed five years upon written application permittee made no less than 90 days prior to the expiration date. The PI Commission may not grant such extension, unless it finds that there i substantial negative effects on surrounding land uses or the public’s heal welfare. If a substantial negative effect on surrounding land uses or the I health and welfare is found, the extension shall be denied or granted with con which will eliminate or substantially reduce such effects. There is no limit number of extensions the Planning Commission may grant. 4. The Developer shall report, in writing, to the Planning Director within 30 d? address change from that which is shown on the conditional use permit aggli 5. Prior to the issuance of the building permit, Developer shall submit to the Notice of Restriction to be filed in the office of the County Recorder, subject satisfaction of the Planning Director, notifying all interested parties and sua in interest that the City of Carlsbad has issued a Conditional Use Permit (C1 06) by Resolution No. 3795 on the real property owned by the developer. Notice of Restriction shall note the property description, location of tl containing complete project details and all conditions of approval as well i conditions or restrictions specified for inclusion in the Notice of Restriction Planning Director has the authority to execute and record an amendment notice which modifies or terminates said notice upon a showing of good cause developer or successor in interest. 6. The satellite antennas shall be entirely screened from El Camino Real anc surrounding development at ground level within 500 feet of the satellite anten verified by final inspection performed by the Planning Department upon coml of installation. 7. The satellite antenna screen and antennas (if necessary) shall be painted to the building and/or roof on which it is located. 8. The satellite antennas and screen shall be maintained in a manner consisten its condition at tRe time of installation. .... PC RES0 NO. 3795 -3- I ll 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 9. If any of the foregoing conditions fail to occur, or if they are, by their term; implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have tl to revoke or modify all approvals herein granted, deny or further condition i! of all future building permits, deny, revoke or further condition all certifific occupancy issued under the authority of approvals herein granted, instih prosecute litigation to compel their compliance with said conditions or seek dm for their violation. No vested rights are gained by Developer or a sum interest by the City’s approval of this Resolution. 10. Evidence of compliance with FAA requirements for the alteration of an 4 building within the protected plane of Palomar Airport shall be submitted Planning Director prior to the installation of the satellite dishes. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 16th day of, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, h Nielsen and Savary NOES: None ABSENT: Commissioners Erwin and Noble ABSTAIN: None Ad& KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSIO ATTEST: PLANNING DIRECTOR PC RES0 NO. 3795 -4- II