HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 4272e 6
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PLANNING COMMISSION RESOLUTION NO. 4272
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW 9 PANEL
ANTENNAS WITHIN A 144 SQUARE FOOT ENCLOSURE ON
PROPERTY GENERALLY LOCATED AT 1958 KELLOGG
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: NEXTEL DIGITAL ANTENNA AT 1958
KELLOGG
CASE NO.: CUP 97-1 1
WHEREAS, Nextel of California, Inc., a Delaware Corporation, “Dt
has filed a verified application with the City of Carlsbad regarding property owned 1
Manufacturing, Inc., “Owner”, described as
Lot 37 of Carlsbad Tract No. 81-46, Unit 2, in the City of
Carlsbad, County of San Diego, State of California, according
to the map thereof No. 11288, filed in the office of the County
Recorder of San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condit
Permit as shown on Exhibit(s) A and B dated April 15th, 1998, on file in the Carlsbad
Department, NEXTEL DIGITAL ANTENNA AT 1958 KELLOGG, CUP 97-11 as
by Chapter 2 1.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of April 195
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all 1
and arguments, if any, of all persons desiring to be heard, said Commission considered s
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Co
APPROVES NEXTEL DIGITAL ANTENNA AT 1958 KELLOGG,
11, based on the following findings and subject to the following conditio,
Findings:
1. That the Planning Director has determined that the project is exempt :
requirements of the California Environmental Quality Act (CEQA) per Section
the state CEQA Guidelines and will not have any adverse significant impal
environment.
2. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General 1
is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that the panel antennas will provide a porti
telecommunications grid which will serve the general public as well as en
services.
3. That the site for the intended use is adequate in size and shape to accommodate d
that the panel installation will be limited to 144 square feet on top of an
building and 200 square feet adjacent to a side yard and requires no modific
parking areas.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necc
adjust the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the proposal does not require any adjusting
compliance with all setback and height requirements.
5. That the street system serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the project will not generate any sig
additional traffic since the project will only require occasional site vi
maintenance.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Conditional Use Permit document(s) necessary to ma
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve,
different from this approval, shall require an amendment to this approval.
2. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop:
Site Plan as approved by the final decision making body. The Site Plan shall re:
conditions of approval by the City. The Plan copy shall be submitted to t
1 PC RES0 NO. 4272 -2-
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Engineer and approved prior to building, grading, final map, or improven
submittal, whichever occurs first.
3. This Conditional Use Permit shall be reviewed by the Planning Director perioc
determine if all conditions of this permit have been met and that the use does n'
substantial negative effect on surrounding properties or the public health and wc
the Planning Director determines that the use has such substantial negative ef
Planning Director shall recommend that the Planning Commission, after prov
permittee the opportunity to be heard, add additional conditions to reduce or elin
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental effect on surroun
uses and the public's health and welfare, or the conditions imposed herein have
met.
4. The Developer shall report, in writing, to the Planning Director within 30 days, an;
change from that which is shown on the conditional use permit application.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 15th day of April 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, b~
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ING COMMISSION
ATTEST:
-&a
MICHAEL J. HOyZMILjkR
Planning Director
PC RES0 NO. 4272 -3-