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HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I e 0 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 l9 21 20 provided by the conditions of approval of CUP 94-06, and Chapter 21.42 and/or 21.5 22 23 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. 27 28 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. 0 0 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 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. ... ... ... i PC RES0 NO. 4634 -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 I e e 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-