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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 @ 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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 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 26 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 2 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 , 9 3 mWOl Yr- 98 8 “WQ dag, ;g;g 9 009 $;p OZdO aaad os;;f 5p c-3 u 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 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 4