HomeMy WebLinkAbout1996-05-15; Planning Commission; Resolution 39291
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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
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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-
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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-
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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-
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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-