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HomeMy WebLinkAbout1996-05-15; Planning Commission; Resolution 39291 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 , 0 0 PLANNING COMMISSION RESOLUTION NO. 3929 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW 6 GROUND MOUNTED EQUIPMENT CABINETS, 9 ROOF MOUNTED PANEL ANTENNAS, AND 1 ROOF MOUNTED OVAL ANTENNA ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHESTNUT AVENUE AND PI0 PIC0 DRIVE. CASE NAME: DOWNTOWN CARLSBAD PCS FACILITY/SD 149 CASE NO: CUP 96-02 WHEREAS, Cox California PCS, Inc. has filed a verified application wi City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Condi Use Permit as shown on Exhibit "A"-"D" on file in the Planning Department incorpc by this reference dated May 15, 1996, as provided by Chapter 21.18 of the Ca Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pli Commission did, on the 15th day of May, 1996, hold a duly noticed public hear consider said application on property owned by Chestnut Plaza Owner's Assoc described as: Parcel A An undivided 1295.50/13,738 interest in and to Parcel 1 of Parcel Map No. 12574, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Office of the County Recorder of San Diego County, February 24, 1983. EXCEPTING THEREFROM Elements 1 through 499 inclusive as shown on the Condominium Plan of Chestnut Plaza Office Condominiums recorded December 19, 1983 as Filepage No. 83-461579 and Amended by Document recorded January 10, 1984 as File/Page No. 84-009884 both of official records. ALSO EXCEPTING THEREFROM the exclusive right to possession of all those areas designated as Restricted Common I I 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 0 0 Area as shown upon the Condominium Plan above referred to. Parcel B: The units consisting of Elements 106 through 176 inclusive, as shown upon the Condominium Plan above referred to. Parcel C: Exclusive right to possession and occupancy of those portions designated as Restricted Common Area as appurtenant to Parcels A and B above described. WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission consider factors relating to CUP 96-02. of Parcel 1 of Parcel Map No. 12574, described above, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Comrn APPROVES Conditional Use Permit, CUP 96-02, based on the foll findings and subject to the following 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 specifically permitted 1 zone in which the proposed use is located, in that the antennas are suffic screened so as not to be visually intrusive or incompatible and will contribut network of communications for the general public. 2. That the site for the intended use is adequate in size and shape to accommoda use, in that the ground mounted equipment will be located within an area th; not require the displacement of any other use and the roof mounted antennz be sufficiently accommodated by the roof area. 3. That all the yards, setbacks, walls, fences, landscaping, and other features nec to adjust the requested use to existing or permitted future uses in the neighbo will be provided and maintained, in that no adjustments are necessary to all( proposal to be located within the property boundaries. PC RES0 NO. 3929 -2- 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 0 0 4. That the street system serving the proposed use is adequate to properly hanc traffic generated by the proposed use, in that no additional traffic will be gent by the proposed use. 5. That the Planning Director has determined that the project is exempt fro] requirements of the California Environmental Quality Act (CEQA) per Sc 15303 of the State CEQA Guidelines and will not have any adverse significant il on the environment. Conditions: 1. The Commission does hereby approve the Conditional Use Permit for the P entitled "Downtown Carlsbad PCS Facility/SD 149'. (Exhibits A-D on file i Planning Department and incorporated by this reference, dated May 15, 3 subject to the conditions herein set forth. Staff is authorized and directed to or require the Developer, Cox California PCS, Inc., to make all correction modifications to the Conditional Use Permit documents, as necessary to make internally consistent and conform to Planning Commission's final action 0- Project. Development shall occur substantially as shown on the approved exl- Any proposed development substantially different from this approval, shall re an amendment to this approval. 2. 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 yearly to determine if all conditions of this permit have been met and that the use doc have a substantial negative effect on surrounding properties or the public healt! welfare. If the Planning Director determines that the use has such subst; negative effects, the Planning Director shall recommend that the Pla Commission, after providing the permittee the opportunity to be heard, 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 thl has a substantial detrimental effect on surrounding land uses and the public's h and welfare, or the conditions imposed herein have not been met. This permii be extended for a reasonable period of time not to exceed five (5) years upon WI application of the permittee made no less than 90 days prior to the expiration The Planning Commission may not grant such extension, unless it finds that ther no substantial negative effects on surrounding land uses or the public's healtl welfare. If a substantial negative effect on surrounding land uses or the pu health and welfare is found, the extension shall be denied or granted with condj which will eliminate or substantially reduce such effects. There is no limit ti number of extensions the Planning Commission may grant. , 3. Cox California PCS, Inc. shall report, in writing, to the Planning Director with days, any address change from that which is shown on the conditional use pc application. .... 1 PC RES0 NO. 3929 -3- I , 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 City a Notice of Restriction to be filed in the office of the County Recorder, subject satisfaction of the Planning Director, notifying all interested parties and successl interest that the City of Carlsbad has issued a Conditional Use Permit by Resolutia 3929 on the real property owned by Chestnut Plaza Owner's Association. Said Not Restriction shall note the property description, location of the file containing cor project details and all conditions of approval as well as any conditions or restri specified for inclusion in the Notice of Restriction. The Planning Director h; authority to execute and record an amendment to the notice which modifies or term said notice upon a showing of good cause by Cox California PCS, Inc. or succes interest. 5. Cox California PCS, Inc. shall comply with all applicable provisions of federal, stat local ordinances in effect at the time of building permit issuance. 6. Cox California PCS, Inc. shall provide the City with a reproducible 24" x 36", copy of the Site Plan as approved by the Planning Commission. The Site Plan reflect the conditions of approval by the City, including showing that the equip room will comply with the 5' sidehear yard setbacks for accessory structures. Plan copy shall be submitted to the City Engineer and approved prior to bui grading, final map, or improvement plan submittal, whichever occurs first. 7. Cox California PCS, Inc. shall include, as part of the plans submitted for any permi check, a reduced, legible version of the approving resolution on a 24" x 36" bl drawing. Said blueline drawing(s) shall also include a copy of any applicable C Development Permit and signed approved site plan. General: 8. 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 the ri revoke or modify all approvals herein granted, deny or further condition issuance future building permits, deny, revoke or further condition all certificates of occy issued under the authority of approvals herein granted, institute and prosecute litigat compel their compliance with said conditions or seek damages for their violation vested rights are gained by Developer or a successor in interest by the City's appro this Resolution. 9. This approval shall become null and void if building permits are not issued fc project within 18 months from the date of project approval. ' 10. Approval of this request shall not excuse compliance with all applicable sections Zoning Ordinance and all other applicable City ordinances in effect at time of bu permit issuance, except as otherwise specifically provided herein. 1 1. All roof appurtenances, including air conditioners, shall be architecturally integratc PC RES0 NO. 3929 -4- 1 r 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 0 e 1 1 1. All roof appurtenances, including air conditioners, shall be architecturally integrate concealed from view and the sound buffered fiom adjacent properties and strec substance as provided in Building Department Policy No. 80-6, to the satisfaction Directors of Planning and Building. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 15th day of May, 1996, 1 following vote, to wit: AYES: Chairperson Compas, Commissioners Erwin, Monroy Noble, Savary and Welshons NOES: ABSENT: Commissioner Nielsen ABSTAIN: WILLIAM COMPASfChairperson CARLSBAD PLANNING COMMISSION ATTEST: - W MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 3929 -5-