HomeMy WebLinkAbout1996-01-17; Planning Commission; Resolution 3892b
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PLANNING COMMISSION RESOLUTION NO. 3892
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF SIX (6) PANEL ANTENNAS AND
TWO (2) EQUIPMENT CABINETS ON A SITE
DEVELOPED WITH A RESIDENTIAL CARE FACILITY
ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF INTERSTATE 5 BETWEEN KNOWLES AVENUE
AND LAGUNA DRIVE.
CASE NAME: SD-088-01 (LAS FLORES)
CASE NO: CUP 95-14
WHEREAS, Pacific Bell Mobil Services (Developer), has filed a 7
application with the City of Carlsbad which has been referred to the Planning Comn
and
WHEREAS, said verified application constitutes a request for a Con(
Use Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 17th day of January, 1996, hold a duly noticed public hea
consider said application on property owned by Las Villas de Carlsbad (ownel
described as:
Portions of Section 6, Township 12 South, Range 4 West, San
Bernardino Meridian.
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to be heard, said Commission conside
factors relating to CUP 95-14.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
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 Comr
APPROVES Conditional Use Permit Amendment, CUP 95-14, based
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following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein for C
14, is in conformance with the Land Use Element of the City's General Plan
on the following:
a. The provision of six antennas on this existing building and two equ
cabinets will be compatible with surrounding uses as well as existing '
the site.
2. The project is consistent with the City-Wide Facilities and Improvements PI
applicable local facilities management plan, and all City public facility polic
ordinances since:
a. All necessary public improvements have been provided or are requ
conditions of approval.
3. That the requested use is necessary or desirable for the development
community in that the project will provide service to the general public as
public safety entities, is essentially in harmony with the various elemel
objectives of the General Plan in that the General Plan and zoning designat
the site allow the location of accessory public and quasi-public utility uses
subject site with approval of a conditional use permit, and is not detrimt
existing uses specifically permitted in the zone in which the use is located, in 1
structure is an existing use and the installation of six antennas and placemen
equipment cabinets will remain compatible with surrounding uses.
4. That the site for the use is adequate in size and shape to accommodate the
that the requested installation of 6 antennas to the existing structure 2
placement of the two equipment cabinets will require no additional area.
5. That all the yards, setbacks, walls, fences, landscaping, and other features ne
to adjust the use to existing or permitted future uses in the neighborhood ha
provided and will be maintained, in that the existing yards, setbacks, walls,
landscaping, and other features are already in place and no additional such 1
will be required by the addition of the antennas and equipment cabinets.
6. That the street system serving the use is adequate to properly handle a1
generated by the use, in that existing ingresslegress for the subject site is loc
of both Knowles Avenue and Laguna Drive, and these access points
maintained. No significant additional traffic will be generated by the install
the antennas and equipment cabinets.
1 ....
I PC RES0 NO. 3892 -2- I
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Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit
installation of 6 antennas and 2 equipment cabinets project entitled "SD-088
Flores", dated January 17, 1996, (Exhibits "A" - "E") on file in the P
Department and incorporated by this reference, subject to the conditions he.
forth. Staff is authorized and directed to make or require the Developer to n
corrections and modifications to the documents, as necessary to make them int
consistent and conform to Planning Commission's final action on the I
Development shall occur substantially as shown on the approved exhibits
proposed development substantially different from this approval, shall reql
amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, ar
ordinances in effect at the time of building permit issuance.
3. The Developer shall include, as part of the plans submitted for any perm
check, a reduced, legible version of the approving resolution on a 24" x 36'' b
drawing. Said blueline drawing(s) shall also include a copy of any applicable (
Development Permit and signed approved site plan.
4. This Conditional Use Permit is granted for a period of five (5) years.
Conditional Use Permit shall be reviewed by the Planning Director on a year1
to determine if all conditions of this permit have been met and that the use dc
have a substantial negative effect on surrounding properties or the public heal
welfare. If the Planning Director determines that the use has such sub:
negative effects, the Planning Director shall recommend that the P1
Commission, after providing the permittee the opportunity to be hearc
additional conditions to reduce or eliminate the substantial negative effects
permit may be revoked at any time after a public hearing, if it is found that t
has a substantial detrimental effect on surrounding land uses and the public's
and welfare, or the conditions imposed herein have not been met. This perm
be extended for a reasonable period of time not to exceed five (5) years upon \
application of the permittee made no less than 90 days prior to the expiratio]
The Planning Commission may not grant such extension, unless it finds that tht
no substantial negative effects on surrounding land uses or the public's heal
welfare. If a substantial negative effect on surrounding land uses or the F
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.
5. The Developer shall report, in writing, to the Planning Director within 30 da!
address change from that which is shown on the conditional use permit applic
6. Prior to the issuance of Building Permit the owner shall submit to the City a :
of Restriction to be filed in the office of the County Recorder, subject
satisfaction of the Planning Director, notifying all interested parties and succ
PC RES0 NO. 3892 -3-
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in interest that the City of Carlsbad has issued a Conditional Use Per
Resolution No. 3892 on the real property owned by the developer. Said Nc
Restriction shall note the property description, location of the file cor
complete project details and all conditions of approval as well as any condil
restrictions specified for inclusion in the Notice of Restriction. The P
Director has the authority to execute and record an amendment to the noticl
modifies or terminates said notice upon a showing of good cause by the 01
successor in interest.
7. Prior to approval of Building Permits, the Developer shall receive approv
Coastal Development Permit issued by the California Coastal Commissic
substantially conforms to this approval. A signed copy of the Coastal Develc
Permit must be submitted to the Planning Director. If the approval is subst;
different, an amendment to CUP 95-14 shall be required.
8. The maximum number of antennas allowed on the subject structure shall be
No additional antennas beyond this number are allowed without a conditio
permit (CUP) amendment.
Fire Conditions:
9. Prior to issuance of Building Permits, the Fire Department shall evaluate b
plans for conformance with applicable fire and life safety requirements of th
and local fire codes.
10. Plans and/or specifications for fire alarm systems, fire hydrants, automa
sprinkler systems and other fire protection systems shall be submitted to tl
Department for approval prior to construction.
General Conditions:
11.
I
If any of the foregoing conditions fail to occur, or if they are, by their terms
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have th
to revoke or modify all approvals herein granted, deny or further condition is
of all future building permits, deny, revoke or further condition all certific;
occupancy issued under the authority of approvals herein granted, institu
prosecute litigation to compel their compliance with said conditions or seek dl
for their violation. No vested rights are gained by Developer or a succe;
interest by the City’s approval of this Resolution.
~ Code Reminders:
This Project is subject to all applicable provisions of local ordinances, including b
limited to, the following code requirements:
....
PC RES0 NO. 3892 -4-
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12. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
13. Approval of this request shall not excuse compliance with all applicable secl
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 17th day of J:
1996, by the following vote, to wit:
I
AYES: Chairperson Compas, Commissioners Erwin, Monroy, P
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
LtlLL
WILLIAM COMPAS, ChGrperson
CARLSBAD PLANNING COMMISSIOI
Planning Director
PC RES0 NO. 3892 -5-