HomeMy WebLinkAbout1994-01-04; City Council; 12522; US West Cellular AppealC”Y OF CARLSBAD - AGI- DA BILL 4-3 3 0
AB # I&: f%% TITLE: GRANTING THE APPEAL AND DENYING MTG. l/4/94 CUP 93-03 FOR A 60 FOOT ANTENNA IN
DEPT. CA CHASE FIELD
APPT,TCANCP, U-S _ WRSI C!FT.T,TlT.AR .
RECOMMENDED ACTION:
It is recommended that Council adopt Resolution No. 'iv-3
ITEM EXPLANATION
At its meeting of Tuesday, December 14, 1993, the Council granted the appeal and denied without prejudice the Conditional Use Permit CUP 93-03 for the installation of a 60 foot cellular antenna in Chase Field and supporting facilities. This action denies the use as proposed but allows the applicant to immediately resubmit alternative proposals for consideration consistent with our normal processes and procedures.
The Council should satisfy itself that the findings adequately reflect its intentions in this regard.
EXHIBIT
Resolution No. W-3
January 11, 1994
U.S. West Cellular 3785 6th Avenue
San Diego, CA 92103
RE: APPEAL OF CUP 93-3 FOR ANTENNA AT CHASE FIELD
The Carlsbad City Council, at its meeting of January 4, 1994, adopted Resolution No. 94-3, granting the appeal and denying U.S. West Cellular's application for
a conditional use permit to construct a cellular communications facility at Chase
Field.
Enclosed for your records is a copy of Resolution No. 94-3.
1200 Carlsbad Village Drive - Cartsbad, California 92008-l 989 - (619) 434-2808 @
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RESOLUTION NO. 94-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL AND DENYING THE CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A CELLULAR COMMUNICATIONS FACILITY ON PROPERTY LOCATED ON THE WEST SIDE OF HARDING STREET BETWEEN CHESTNUT AVENUE AND PALM AVENUE IN THE NORTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1 (CHASE FIELD). APPLICANT: U.S. WEST CELLULAR - CARLSBAD CASE NO.: CUP 93-03
WHEREAS, a verified application for a conditional use
permit to construct a cellular communications facility on property
located on the west side of Harding Street between Chestnut Avenue
and Palm Avenue in the northwest quadrant of the City and described
as:
Lots 1 through 32 of Block 61 of Map 775, in the City of Carlsbad.
WHEREAS, the Planning Commission did on September 1, 1993
and October 20, 1993 hold duly noticed public hearings as
prescribed by law to consider said application for Conditional Use
Permit CUP 93-03; and
WHEREAS, the Planning Commission did on October 20, 1993
after hearing and considering all the evidence and testimony of all
people desiring to be heard adopt Resolution No. 3541 approving the
Conditional Use Permit CUP 93-03: and
WHEREAS, an appeal of this approval was timely filed on
October 21, 1993; and
WHEREAS, on Tuesday, December 14, 1993, the City Council
of the City of Carlsbad held a duly noticed public hearing as
prescribed by law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, and argument of those
persons present and desiring to be heard the City Council granted
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the appeal and denied the Conditional Use Permit 93-03 without
prejudice: and
WHEREAS, the City Council finds that Chase Field is of
special historical and environmental importance in that it is one
of the first City ball fields in Carlsbad and was located and
developed with virtually the unanimous consent of the residents of
that neighborhood; and
WHEREAS, it has been used through the years for baseball
activities for the benefit of the entire community and with the
consent and concurrence of the local neighbors: and
WHEREAS, the neighborhood objects to a different use from .
that historically allowed in that locating an antenna in the park
would not be consistent with open space and park use even though it
might add ancillary benefits to certain recreational activities;
and
WHEREAS, the proposed antenna and its support structure 0 may contain substances the neighborhood believes to be hazardous
and may create noise and fumes the neighborhood believes will be
obnoxious; and
WHEREAS, the proposed use, including 60 foot antenna and
associated facilities, will create visual blight and monotony; and
WHEREAS, the proposed use and especially the antenna is
not in essential harmony with the neighborhood and is not an
essential use: and
WHEREAS, the proposed use is essentially commercial in
nature and is not necessarily compatible with park and recreational
use; and
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WHEREAS, no amount of mitigation will change the
essential use and character of the proposed use to a use which is
in essential harmony with the neighborhood; and
WHEREAS, the requested use is not necessary, desirable
and inconsistent with the general welfare for the development of
the community and is detrimental to existing or allowed uses,
NOW, THEREFORE, the City Council of the City of Carlsbad
resolves as follows:
1. That the foregoing recitations are true and correct.
2. That the appeal is granted and CUP 93-03 is denied
without prejudice. .
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, *'Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT“
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or otherfiplaeyr seeking judicial review must be in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written
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-i request for the preparation of the record of -the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 4th day of January
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnil
NOES: None
DID NOT PARTICIPATE: None
ATTEST:
-4k ALETHA L. RAUTENKRANZ, CitJy Clerk
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