HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46341
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PLANNING COMMISSION RESOLUTION NO. 4634
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO
OPERATE A CELLULAR COMMUNICATIONS FACILITY ON
CORNER OF MACADAMIA DRIVE AND AVENIDA ENCINAS
PROPERTY GENERALLY LOCATED ON THE NORTH-EAST
I IN LOCAL, FACILITIES MANAGEMENT ZONE 22
CASE NAME: U. S. WEST CELLULAR - POINSETTIA
CASE NO.: CUP 94-06x1
WHEREAS, GTE Wireless of the Pacific Incorporated, “Developer”, 1
a verified application with the City of Carlsbad regarding property owned by John Tohic
“Owner”, described as
Lots 9 and 10 of Carlsbad Tract No. 81-05, in the City of
Carlsbad, County of San Diego, State of California, according
to Map No. 10899, filed in the Office of the County Recorder of
San Diego County, April 11,1984
(“the Property”); and
16 WHEREAS, said verified application constitutes a request for a Conditic
17 Permit Extension as shown on E~bit(s) “A” - “I” dated September 21, 1994, on fi
18 Carlsbad Planning Department U.S. WEST CELLULAR - POINSETTIA, CUP 944
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provided by the conditions of approval of CUP 94-06, and Chapter 21.42 and/or 21.5
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24 WHEREAS, at said public hearing, upon hearing and considering all te
25 and arguments, if any, of all persons desiring to be heard, said Commission considered a1
26 relating to the CUP Extension.
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Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 19
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, on September 22, 1994, the Planning Commission approvc
94-04 as described and conditioned in Planning Commission Resolution No. 3672.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 .
Commission APPROVES U.S. WEST CELLULAR - POINSETTIA
94-06x1 based on the following findings and subject to the following con
FindinPs:
1. The adopted project findings for CUP 94-06, contained in Planning Con
Resolution No. 3709 apply to this extension.
Conditions:
1. This project shall comply with all conditions which are required as part of the 2
Conditional Use Permit (CUP 94-06), as contained in Planning Commission Re
No. 3709, except Condition No. 6 of Planning Commission Resolution N
which is replaced by Condition No. 2 below.
2. Conditional Use Permit 94-06 is hereby extended for a period of five yea
September 21, 1999 through September 20, 2004. This conditional use permit
reviewed by the Planning Director on a yearly basis to determine if all condition
permit have been met and 'that the use does not have a significant detrimental in
surrounding properties or the public health and welfare. If the Planning
determines that the use has such significant adverse impacts, the Planning Direc
recommend that the Planning Commission, after providing the permittee the opp
to be heard, add additional conditions to mitigate the significant adverse impact
permit may be revoked at any time after a public hearing, if it is found that the u
significant detrimental affect on surrounding land uses and the public's hea
welfare, or the conditions imposed herein have not been met. This permit
extended for a reasonable period of time not to exceed 5 years upon written applic
the permittee made no less than 90 days prior to the expiration date. In granti
extension, the Planning Commission shall find that no substantial adverse a:
surrounding land uses or the public's health and welfare will result because
continuation of the permitted use. If a substantial adverse affect on surrounding 1;
or the public's health and welfare is found, the extension shall be considere
original application for a conditional use permit. There is no limit to the nu
extensions the Planning Commission may grant.
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i PC RES0 NO. 4634 -2-
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l PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 6th day of October, 1991
~ following vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
d& /MJ#
WILLLAM COMPAS, Vice ChGrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
warn
MICHAEL J. HOLMILLM
Planning Director
PC RES0 NO. 4634 -3-