HomeMy WebLinkAbout1996-02-07; Planning Commission; Resolution 3893T
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PLANNING COMMISSION RESOLUTION NO. 3893
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A FIVE YEAR EXTENSION TO A CONDITIONAL USE
PERMIT TO CONTINUE TO ALLOW A CABLE
TELEVISION MICROWAVE RECEIVING ANTENNA ON
PROPERTY GENERALLY LOCATED 2000 FEET
SOUTHEAST OF THE INTERSECTION OF ALGA ROAD
AND EL FUERTE STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: DANIEL'S CABLEVISION
CASE NO: CUP 88-02x2
WHEREAS, Daniel's Cablevision has filed a verified application with
of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a fi
extension to a Conditional Use Permit as provided by CUP 88-02 and Chapter 21.4.
Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P
Commission did, on the 7th day of February, 1996, hold a duly noticed public he;
consider said application on property described as:
A portion of Parcel 4 of Parcel Map 10179, in the City of
Carlsbad, County of San Diego, State of California.
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 88-02x2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the E
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 Con
APPROVES the five year extension to Conditional Use Permit, CU
(CUP 88-02x2), based on the following findings and subject to the fc
conditions:
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1 Findings:
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on the environment; 4
1. That the Planning Director has determined that the project is exempt fr
3 requirements of the California Environmental Quality Act (CEQA) per
15301 of the state CEQA Guidelines and will not have any adverse significant
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2. That the requested use is necessary or desirable for the development
community and is essentially in harmony with the various elements and objec
the general plan because it provides needed cable television service to the st
section of Carlsbad, and is not detrimental to existing uses or to uses spel
permitted in the zone in which the proposed use is to be located becaus
monopole design and the landscaping around the antenna site;
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adjacent to the existing water tank; 10
3. That the site for the intended use is adequate in size and shape to accommo(
necessary to adjust the requested use to existing or permitted future use: 12
use because all development required for operation fits within the disturb
11 4. That all of the yards, setbacks, walls, fences, landscaping, and other j
neighborhood will be provided and maintained since the landscaping and fe:
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in place and conditioned to remain as such; and
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traffic generated by the proposed use since Alga Road is a major arterial cal 15
5. That the street system serving the proposed use is adequate to properly ha
accommodating the exclusively service-related traffic.
17 Il Conditions:
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1. The Planning Commission does hereby approve the Conditional Use
extension for the Microwave Antenna project entitled "Daniel's Cablc
(Exhibits "A" - "C" on file in the Planning Department and incorporated
reference, dated January 4 and April 5, 1988), subject to the conditions he
forth. Staff is authorized and directed to make or require the Developer to r
corrections and modifications to the Conditional Use Permit Documents, as nc
to make them internally consistent and conform to Planning CommissioI
action on the project. Development shall occur substantially as shown
approved exhibits. Any proposed development substantially different frl
approval, shall require an amendment to this approval.
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2. This Conditional Use Permit is extended for a period of five (5) years and twc
(22) days from the date of expiration, with a new expiration date of Febl
2001. This represents an additional five year extension to the first extension
by Planning Commission Resolution 3183. This Conditional Use Permit
reviewed by the Planning Director on a yearly basis to determine if all condl
this permit have been met and that the use does not have a substantial 1
effect on surrounding properties or the public health and welfare. If the I
PC RES0 NO. 3893 -2-
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Director determines that the use has such substantial negative effects, the P
Director shall recommend that the Planning Commission, after providl
permittee the opportunity to be heard, add additional conditions to rec
eliminate the substantial negative effects. This permit may be revoked at a
after a public hearing, if it is found that the use has a substantial detrimenta
on surrounding land uses and the public’s health and welfare, or the COI
imposed herein have not been met. This permit may be extended for a rea!
period of time not to exceed five (5) years upon written application of the pe
made no less than 90 days prior to the expiration date. The Planning Com
may not grant such extension, unless it finds that there are no substantial n
effects on surrounding land uses or the public’s health and welfare. If a sub
negative effect on surrounding land uses or the public’s health and welfare it
the extension shall be denied or granted with conditions which will elimi
substantially reduce such effects. There is no limit to the number of extensi
Planning Commission may grant. This condition modified and replaces Ca
No. 3 of Planning Commission Resolution No. 3183 which extended CUP 8;
3. All other provisions contained in Planning Commission Resolutions No. 2:
3183, except as modified herein, remain in full force and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 7th day of Fe
1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, Nielsen,
Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
Q!k
WILLIAM COMPAS, dairperson
CARLSBAD PLANNING COMMISSIC
ATTEST:
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1 Planning Director
PC RES0 NO. 3893 -3-
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