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HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4104ec t 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 0 e PLANNING COMMISSION RESOLUTION NO. 4104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ALLOW THE INSTALLATION OF SIX (6) PCS PANEL ANTENNAS MOUNTED ON POLES, ONE (1) GLOBAL MOUNTED EQUIPMENT CABINETS ON PROPERTY LOCATED AT 4901 EL CAMINO REAL. CASE NAME: MARJA ACRES PCS FACILITY CASE NO.: CDP 96-14 WHEREAS, Cox California PCS, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Jay and Maryon Hofj “Owner”, described as COASTAL DEVELOPMENT PERMIT NO. CDP 96-14 TO POSITIONING ANTENNA, AND SIX (6) GROUND- Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of San Diego, State of California filed January 31, 1975, in the office of the County Recorder of San Diego County, and That portion of Parcels 2 and 3 of Parcel Map No. 3451, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31,1975 (“the Property”); and WHEREAS, said verified application constitutes a request for a Cc Development Permit as shown on Exhibits “A”-“H” dated May 21, 1997, on file in the Plar Department, CDP 96-14 as provided by Chapter 21.201.040 of the Carlsbad Municipal ( i and ~ WHEREAS, the Planning Commission did, on the 21st day of May 1997, h duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testir and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to CDP 96-14. .- .. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Comm: APPROVES Coastal Development Permit, CDP 96-14, based on the follc findings and subject to the following conditions: Findings: 1. That the proposed project is in conformance with the Certified Local Coastal Pro and all applicable policies in that the placement and design of the antenna polet equipment cabinets are consistent with the C-2 and R-A-10 implementing standards. 2. That the proposed project complies with the development standards of Sc 21.203.040 (Coastal Resource Protection Overlay Zone - Development Standards) il grading of the slope is essential to the project since the antennas would not fun properly on the lower flat portion of the site, a soils investigation concluded tha project will not result in slope instability, the site does not contain native veget: or habitat, and the portion of the site to be temporarily disturbed by grading w. revegetated with existing plant types. 3. a. The Planning Director has found that, based on the EIA Part 11, this Subsec Project was described in the Negative Declaration prepared for CUP 96-05 as v its scope; AND there will be no additional mitigation measures or alternative! required; AND that therefore this Subsequent Project is within the scope of the EIR; and no new environmental document nor Public Resources Code 21 081 finding required. b. The Planning Commission finds that all feasible mitigation measures or pr’ identified in the MEIR 93-01 which are appropriate to this Subsequent Project have incorporated into this Subsequent Project. Conditions: 1. The Planning Commission does hereby APPROVE CDP 96-14 the Co Development Permit for the project entitled Marja Acres PCS Facility (Exhibits ‘ “H” dated May 21, 1997) on file in the Planning Department and incorporated by reference), subject to the conditions herein set forth. Staff is authorized and direct€ make, or require Developer to make, all corrections and modifications to the Co: Development Permit documents, as necessary, to make them internally consistent a conformity with final action on the project. Development shall occur substantiall: shown in the approved Exhibits. Any proposed development substantially different f this approval, shall require an amendment to this approval. PC RES0 NO. 4104 -2- *" * * r 1 2 2. CDP 96-14 is subject to all conditions contained in Planning Commission Resoh No. 4026,4027, and 4028. 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla 4 following vote, to wit: 5 Commission of the City of Carlsbad, California, held on the 21st day of May 1997, b 6 7 8 9 10 11 12 13 14 15 16 17 AYES: Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None +-+ /we> / */ ,,,.&4">, ;/' J v ' ,; f 1 ,' . ,.- +&&.&-=*. &%:5:&&:& B is:% B,&"" ! .x ROBERT NIELSEN , Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 18 19 20 21 22 23 24 25 26 27 28 PLANNING DIRECTOR PC RES0 NO. 4104 -3 -