HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 4635/
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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
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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
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WHEREAS, said verified application constitutes a request for a Conditic
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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
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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.
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.
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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 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.
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~ PC RES0 NO. 4635 -2-
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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
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PC RES0 NO. 4635 -3-