HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4095it
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PLANNING COMMISSION RESOLUTION NO. 4095
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
CONTINUED OPERATION OF A COMMUNICATIONS
FACILITY ON PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF SQUIRES DAM IN LOCAL FACILITIES
MANAGEMENT ZONE 15
CASE NAME: DANIELS CABLEVISION
CASE NO.: CUP 184(B)x1
WHEREAS, Daniels Cablevision, “Developer”, has filed a verified applic;
with the City of Carlsbad regarding property owned by Carlsbad Municipal Water Disl
“Owner”, described as
A portion of Lot “C”, Rancho Agua Hedionda, County of San
Diego, State of California, according to Map thereof No. 823,
filed in the Office of the County Recorder of San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional
Permit Extension as shown on Exhibit “A” dated April 1,1992, on file in the Carlsbad Plan
Department, CUP 184(B), as provided by the conditions of approval of CUP 184(B) and Cha
21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of May 1997, ho
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to CUP 184(B)x1; and
WHEREAS, on the 1st day of April 1992, the Planning Commission appro.
CUP 184(B) as described and conditioned in Planning Commission Resolution No. 3377.
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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 Commi
APPROVES Conditional Use Permit CUP 184(B)x1, based on the follo
findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the communi
essentially in harmony with the various elements and objectives of the General Plan
is not detrimental to existing uses specifically permitted in the zone in whick
proposed use is located, in that the facility provides improved service to cablev
customers without disrupting the objectives of the General Plan nor jeopardj
the health, safety, and welfare of nearby residences.
2. That the site for the intended use is adequate in size and shape to accommodate the us
that the satellite dishes and buildings are confined within the perimeter f
surrounding the existing facility.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted hture uses in the neighborhood wi
provided and maintained, in that the berm located between the facility and reside
adequately screens the satellite dishes and building, and all required setbacks
provided.
4. That the street system serving the proposed use is adequate to properly handle all tri
generated by the proposed use, in that the unpaved road serving the towers, build
and satellite dishes accommodates all traffic to and from the site.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit for
project entitled Daniels Cablevision (Exhibit “A” dated April I, 1992 on file in
Planning Department and incorporated by this reference, subject to the conditions he
set forth.) Staff is authorized and directed to make, or require Developer to make
corrections and modifications to the Conditional Use Permit document(s), as necess
to make them internally consistent and in conformity with final action on the pro-
Development shall occur substantially as shown in the approved Exhibits. Any prop(
development substantially different fiom this approval, shall require an amendmerA
this approval.
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PC RES0 NO. 4095 -2-
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2. All of the conditions of approval contained in Planning Commission Resolution No. :
(CUP 184(B)) are incorporated herein by reference except for Conditions No. 3, 8, an
which have been satisfied and Condition No. 9 which is replaced by Condition No.
this resolution.
3. This Conditional Use Permit Extension is granted for a period of five (5) years I
April 1, 2002. This Conditional Use Permit shall be reviewed by the Planning Dirc
on a yearly basis to determine if all conditions of this permit have been met and tha
use does not have a substantial negative effect on surrounding properties or the pi
health and welfare. If the Planning Director determines that the use has such substa-
negative effects, the Planning Director shall recommend that the Planning Commis5
after providing the permittee the opportunity to be heard, add additional conditior
reduce or eliminate the substantial negative effects. This permit may be revoked at
time after a public hearing, if it is found that the use has a substantial detrimental e
on surrounding land uses and the public’s health and welfare, or the conditions imp1
herein have not been met. This permit may be extended for a reasonable period of
not to exceed five (5) years upon written application of the permittee made no less
90 days prior to the expiration date. The Planning Commission may not grant ,
extension, unless it finds that there are no substantial negative effects on surrounding
uses or the public’s health and welfare. If a substantial negative effect on surroun
land uses or the public’s health and welfare is found, the extension shall be denie
granted with conditions which will eliminate or substantially reduce such effects. T
is no limit to the number of extensions the Planning Commission may grant.
4. The Developer shall report, in writing, to the Planning Director within 30 days,
address change from that which is shown on the conditional use permit application.
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PC RES0 NO. 4095 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar
Commission of the City of Carlsbad, California, held on the 21st day of May 1997, b)
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heinel
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBkT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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18 MICHAEL J. H~LZM~LER
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Planning Director
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