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HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 4635/ 1 2 3 4 5 6 7 0 0 PLANNING COMMISSION RESOLUTION NO. 4635 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 PI0 PIC0 AND CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NO.: CUP 94-04x1 PROPERTY GENERALLY LOCATED ON THE SOUTH-EAST CASE NAME: U. S. WEST CELLULAR - CARLSBAD 8 II WHEREAS, GTE Wireless of the Pacific Incorporated, “Developer”, 1 9 10 11 12 13 14 15 16 a verified application with the City of Carlsbad regarding property owned by Paul Kaplj “Owner”, described as A portion of 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 ~ (“the Property”); and ~ WHEREAS, said verified application constitutes a request for a Conditic 17 2o the conditions of approval of CUP 94-04 and Chapter 21.42 and/or 21 SO of the ( l9 Planning Department U.S. WEST CELLULAR - CARLSBAD, CUP 94-04x1, as pro1 18 Permit Extension as shown on Exhibit(s) “A” - “H” dated July 6,1994, on file in the i Municipal Code; and 21 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. WHEREAS, the Planning Commission did, on the 6th day of Octobe, hold a duly noticed public hearing as prescribed by law to consider said request; and 27 11 WHEREAS, on July 6th, 1994, the Planning Commission approved CUI 28 as described and conditioned in Planning Commission Resolution No. 3672. " 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 1 0 e 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 CARZSBAD - ( 04x1 based on the following findings and subject to the following conditj FindinPs: 1. The adopted project findings for CUP 94-04, which are contained in 1 Commission Resolution No. 3672 apply to this extension. Conditions: 1. This project shall comply with all conditions which are required as part of the ; Conditional Use Permit (CUP 94-04), as contained in Planning Commission R No. 3672, except Condition No. 3 of Planning Commission Resolution P which is replaced by Condition No. 2 below. 2. Conditional Use Permit 94-06 is hereby extended for a period of five ye September 21, 1999 through September 20, 2004. This conditional use permii reviewed by the Planning Director on a yearly basis to determine if all conditio] permit have been met and that the use does not have a significant detrimental il 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 op to be heard, add additional conditions to mitigate the significant adverse impac permit may be revoked at any time after a public hearing, if it is found that the significant detrimental affect on surrounding land uses and the public's hc 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 applj the permittee made no less than 90 days prior to the expiration date. In grm extension, the Planning Commission shall find that no substantial adverse surrounding land uses or the public's health and welfare will result becauz continuation of the permitted use. If a substantial adverse affect on surrounding or the public's health and welfare is found, the extension shall be consider original application for a conditional use permit, There is no limit to the nl extensions the Planning Commission may grant. ... ... ... ~ PC RES0 NO. 4635 -2- 1 , 1 e 8 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 6th day of October, 199’ following vote, to wit: AYES: Vice Chairperson Compas, Commissioners L’Heureux, Segall, Trigas, and Welshons NOES: ABSENT: Chairperson Heineman ABSTAIN: dAL WILLIAM COMPAS, Vice &airperson CARLSBAD PLANNING COMMISSION ATTEST: u MICHAEL J. HOLZMI~ER Planning Director ~ PC RES0 NO. 4635 -3-