Loading...
HomeMy WebLinkAboutCUP 275; Pacific Bell; Conditional Use Permit (CUP) (2)t APPLICATION SUBMITTAL DATE: June 27, 1985 STAFF REPORT DATE: JANUARY 22, 1986 TO: PLANNING COMMISSION 6) FROM: PLANNING DEPARTMENT SUBJECT: CUP-275 - PACIFIC BELL - Request for approval of a Conditional Use Permit to allow the construction of an enclosure to accommodate electronic telephone equipment on property generally located at the northeast corner of Poinsettia Lane and Avenida Encinas in the C-2 zone. I. RECOMMENDATION That the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and ADOPT Resolution No. 2530, APPROVING CUP-275, based on the findings 'and subject to the conditions contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of ci conditional use permit to construct an electronic equipment enclosure on the site occupied by Economy Inns, located as described above. The digital electronic equipment would provide additional telephone service for the southwest quadrant of the City. The proposed enclosure would be located eit the southwestern corner of the property, at the top of the slope adjacent to Poinsettia Lane. The building would be constructed to incorporate an adjacent trash enclosure and would be located to the parking area. The zoning ordinance provides for consideration of accessory public utility buildings in any zone by conditional use permit. next III. ANALYSIS Planning Issues 1) Can the proposed project meet the neicessary findings for a conditional use permit? Specifically: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion Staff believes that all of the findings necessary for approval of the requested conditional use permit can be made. The use is necessary to supply telephone service to the area bounded by La Costa Avenue, 1-5, Palomar Airport Road and Carlsbad Boulevard. The use is essentially in harmony with the elements and objectives of the General Plan. One of the goals of the Public Facilities Element is to ensure that all necessary public facilities will be available concurrent with need. The proposed 11' x 16' structure will be located immediately adjacent to an existing 10' x 20' trash enclosure. The two have been incorporated into one building designed to be architecturally compatible with the existing motels. The facade will consist of beige stucco trimmed with brown siding and a red clay tile roof. The site chosen is adequate in size and shape to accommodate the proposed use. The building location would not interfere with the circulation system, any parking or open space use nor encroach in any setbacks. Landscaping would be provided to ensure appropriate screening and treatment. Finally, the use would generate virtually no traffic, the structure would be an unmanned facility. Pacific Bell anticipates the equipment would be routinely inspected once a month. The use would, therefore, have no impact on the street system serving this area. Overall, staff believes that all of the findings necessary for approval of the requested conditional use permit can be made. The Planning Commission has previously approved several of these facilities by CUP. The major concern of the Planning Commission was compatibility with surrounding development. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have an adverse impact on the environment and, therefore, issued a Negative Declaration on January 4, 19 86. ATTACHMENTS 1) Planning Commission Resolution No. 2530 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Reduced Exhibits 7) Exhibits "A" - "C", dated July 1, 1985 AML:ad 12/30/85 • LOCATION MAI* I. ECONOMY INN6 OF AMERICA Z. PROPOSED MOTEL <b 3. LEXINGTON TfiAVELOOGB 5. KAISER IA PROPOSED RESTAURANT t3 PROPOSED SERVICE STATION PACIRC BELL CUP-275 BACKGROUND DATA SHEET CASE ND: CUP-275 APPLICANT: PACIFIC BELL REQUEST AND lOCATIcaJ: A conditional use pennit to aillow an electronic telephone equippnent enclosure located on 1±e east side of Avenida Encinas, north of Poinsettia Lane APN: 214-450-04 LEGAL DESCRIPTION: A portion of Lot 4 of Carlsbad Tract No. 81-5 according to Map Nb. 10899, filed in the office of the County Recorder on April 11, 1984 Acres .006 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation TS/C Density Allowed N/A Existing Zone C-2 Density Proposed N/A Proposed Zone N/A Surroundir^ Zoning and Land Use: Zoning Site C-2 North C-2 Land Use Motel Motel South C-2-Q East PC West R-1-10 Vacant - Jewett-SmitJi Freeway - 1-5 Vacant - Lusk School District Carlsbad Public Facilities Fee Agreonent, dated ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued E.I.R. Certified, dated PUBLIC FACILITIES Carlsbad" Water Costa Real Sewer Carlsbad EDU's N/A N/A January 4, 1986 Otiier, aftar the informationJiP^ nave suctniccea nas ceen reviewea, aeceruij.ft«u. that further informatioi^ required, you will be so ad^ed- APPLICANT w Name (individual, partnership, joint venture, corporation, syndication) 7337 T/r/PDS sr. A'c^o>^^''4lO S.P?ZIZI Business Address AGENT: Telephone Number Name Business Address Telephone Number MEMBERS: Name -(individual, partner, joint: venture, corporation, syndication) Home Mdrass Business Address Telephone Nuaher Telephone Number Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) 1/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be" relied upon as being trua and correct until amended. Applicant Agent, Otmeg; Pail^uflr « February 27, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Carlsbad Tract No. 81-5 PACIFIC BELL JOB NO.: DB(19) 1567Q Permission is hereby granted to Pacific Bell to apply for variances and/or conditional use permits as required for the purpose of placing an electronic equipment enclosure within the easement described in the attached document. By: - \z' _ ••' - ' Herri ck Deve.>opment Date: .'?-7^'^S'7 DEVELOPMENTAL •^^^H 1200 ELM AVENUE SERVICES ^^^^J^M CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^OMEe^^T 438-5591 Citp of Carlflibab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The rK>rtheast corner of Avenida Encinas and Poinsettia Lane. PROJECT DESCRIPTICN: ^proval of a conditional use pennit to allow construction of an enclosure to aeconmodate elect;ronic telephone equipment. The City of Carlsbad has conducted an environmental review of the above described project pursuant to tiie Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for t±is action is on file in tiie Planning Departnnent. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Ccanments from the public are invited.. Please subnit coranents in writing to the Planning Department within ten (10) days of date of issuance. DATED: January 8, 1986 ^ j^A LL 0 ^^Hffe^.UJ^^Z^ MICHAEL J. EiOLZHILLER U CASE NO: CUP-275 Planning Director APPLICANT: Pacific Bell PUBLISH DATE: January 8, 1986 ND4 11/85 . / —7 —r ^— 7 &01 L^CINI<3 ^ / ...^ '• ^ / SCALE = \"-^VO> Ltrr siDt w\t*j fmcMt SIDt or .SIMILAR jot • "» Sm. WMtRir nr. fact.- I"*"' piMtt- OH Txco JQQQK . eM.OIf Mf»^ 'f: nortf Kce^ T» CM.*. FA^VI-IKK. LOT V^eW PACK VtCV fvCOO PtMISH DM flACX t*" tTUX&. •wtTCH txisr, STUUCTURl ) I AssoctATtD :=:z. HJlwStlTlA PROXCf PROJECT REVIEW On December 24. 1991 . Pacific Bell . CUP 275 , was reviewed for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 2530 and no farther action was taken. COMMENTS: None Signed j/^J iy^ci^ VAN LYNCH c: Erin Letsch VL:km DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE January 8, 1986 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 €itp of CarliBfbati PACIFIC BELL Attn: Alfred S. Cerroni 7337 Trade Street, Room San Diego, CA 92121 -g'6 .=5 5410 ML SUBJECT: CUP-275 PACIFIC BELL Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, January 10, 1986, after 4 p.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on January 14, 1986. A twenty (20) minute appointment has been set aside for you at 10:10 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring year required colored exhibit(s) with you to this meeting in order for your project to go forward to Planning CondLssion. If you do not plan to attend this meeting, please make arrcmgoients to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By: Planning Department MJH:bn Right of Way/Liaison 7337 Trade Street, Room B4' San Diego, California 92121 PACIFIC^BELL A Pacific Telesis Company October 22, 1985 Ms. Adrienne Landers Ci ty of Carlsbad Land Use Planning Office 1200 Elm Ave. Carlsbad, CA 92008-1989 Dear Ms. Landers: RE: CUP-275, 6992 Avenida Encinas We are in the process of surveying an alternate site for our equipment enclosure. The new site is on the same property and will be located approximately 50.00 feet east and 20.00 feet south of the original site. New revised site, elevation and plot plans will be given to you prior to November 1, 1985. Thank you for your cooperation in this matter. Call me if you have any questions. Sincerely, Al Cerroni Ri gh t of Way Admi ni s trato r (619) 586-3899 DB-1567Q cc: Denise Richards DEVELOPMENTAL H^^TH O™^-^- iBAD, CA 920r (619) 438-5591 SERVICES m./r-YU ^™ CARLSBAD, CA 92008-1989 L-AND L/S£ PLANNING OFFICE Citp of Carliefiiatv October 15, 1985 Al Cerroni Pacific Bell 7 337 Trade Street, Room 5410 San Diego, CA 92121 RE: CUP-275, 6992 Avenida Encinas After recently reviewing my files, I not:iced that I still have not heard from you regarding Pacific Bell's intentions at the above-mentioned location. It has now been 3 1/2 months since we received your application and little ac1:ion has taken place. Please contact me by November 1st to let: me know whether you wish to proceed or withdraw your application., If I have not heard from you by that date, I will schedule the proposal on the next possible Planning Commission agenda with a reconmiendation of denial. If you plan to withdraw, you may submit a request for a refund at that time. Please call me at 438-5591 if you have any questions. Sincerely, ADRIENNE LANDERS Assistant Planner AML:bn DEVELOPMENTAL • ll '•200 ELM AVENUE SERVICES ^b^^lu^^ CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^"^j^g^F (619) 438-5591 Citp of Carlsibab August 5, 1985 Al Cerroni PACIFIC BELL 7337 Trade Street, Room 5410 San Dlego, California 92121 Re: CUP-275, 6992 Avenida Encinas I have reviewed your application for a conditional use permit and variance at the above-listed location. As stipulated in the variance application, staff is required to meet four findings in order to approve a variance request. These include: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in vAiich the property is located. 4. That the granting of such variance will not adversely affect the canprehensive general plan. (Ord. 9060 .§1802). Unfortunately, staff does not believe findings number 1 and 2 can be met. There are no extraordinary or exceptional circumstances that pertain to this property that do not pertain to other properties in the area. Primarily, the developer does not want to give up what he considers valuable land to the phone company. Staff believes this issue should be resolved between the two parties. The city should not have to accept a compromise on the developer's behalf. Al Cerroni August 5, 1985 Page Two Staff does not believe this application can be approved at this site. If the phone company decides to change locations, then perhaps the application can be processed further. At this present location, however, staff believes the phone company should withdraw its application and apply for a refund. If I can be of further help, please contact me. Sincerely, Adrienne Landers AML:ad ff)^^ Costa Real ?VwV? Municipal Water District ^5^^^^^!^ 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619)438-2722 DATE: July 24, 1985 TO: City of Carlsbad Land Use Planning Office Carlsbad, California 92008 ATTN: Dee Landers SUBJ: CUP 275 Pacific Bell (Mini-Hut) E.S. of Avenida Encinas 150' North of Poinsettia Lane The subject project has been reviewed by the District's Engineering Depart- ment to determine extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that effect project? ( ) (X) Are there existing facilities that will have to be reconstructed? (X)? (X) Are there new facilities that will have to be reconstructed? ( ) (X) Are there existing District agreements that have financial impact on project? ( ) (X) We have the following specific comment: The Water District has an existing water line and soon to be recorded easement in the immediate area of the proposed Mini-Hut site. Based on the site plan submitted, we cannot ascertain if a conflict will occur. Therefore, the District recommends that Pacific Bell tie down proposed easement to the property lines and resubmit to District for review and comment. Please contact Mr. Jerry Whitley if you have any questions regarding this project. A^}^7^^^I^HAA1 Linden R. Burz^l I District Engineer LRB:sja cc: Fire Marshal City Engineer CMWD 85-601.00 llerriek Hol<lm9/, ll<^. 2775 Via De La Valle, Suite 204, P.C^Ij^sj, Del Mar, CA92014?>619) 481-7772 285*E. Imperial Hw^fe'iiite 201, Fullerton, CA 92635 (714)680-3905 •4' March 25, 1985 t w 1 Mr. Al Cerroni Right of Way Agent Pacific Bell 7337 Trade Street, Rm. 5410 San Diego, CA 92121 Re: Easement at Poinsettia and Avenida Encinas, Carlsbad Dear Mr. Cerroni: Enclosed please find (1) blue line print of the revised parcel map for our Carlsbad property and an executed permission letter for your use in applying for the nec- essary variances to construct your equipment enclosure. The legal description on your easement document will need to be revised to reflect the new map., I do not have a projected recording date for the map at this time. I think it would be advisable to proceejd with the variance application without the completed easement document. Also enclosed is your original Right of Way Easement document. Please note that the vestesd owner of the pro- perty is Herrick Holdings, Ltd., a California Limited Partnership. Herrick Holdings will be the grantor. If the City requires elevations of the buildings for the variance application, we would like the opportunity to work with your architect in the beginning to assure we will be receptive to what the City approves. If I can be of any assistance, please let me know. Sincerelv, ^^^^^ Ron Whitn9Y Vice President RW/efa Enclosures DEVELOPMENTAL H ^88^ B 1200 ELM AVENUE SERVICES ^K^^J^9 CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^^^^ 438-5591 Citp of Carl£(i}ab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The northeast corner of Avenida Encinas and Poinsettia Lane. PROJECT DESCRIPTION: i^proval of a conditional use permit to allow construction of an enclosure to accommodate electronic telephone equiptient. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Iraplenentation of the California Environmental Quality Act and tide Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Ccraments from the public are invited. Please subnit conments in writing to the Planning Department within ten (10) days of date of issuance. DATED: January 8, 1936 MlCTHAEL^r HOLfflKriliER CASE NO: CUP-275 Planning Director APPLICANT: Pacific Bell PUBLISH DATE: January 8, 1986 ND4 11/85 FEE: • $175.00 RECEIPT NO: J^/g^ 7 ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (TO Be Completed by APPLICANT) CASE NO: DATE: /C' - Applicant: f^JtlJjF^)^ S/ig^ iSy J^2- ^^'RTKOhii Address of Applicant: 73*3 7 ^H^/QPg -ST: '^J^U-JD Phone Number: {^/q) SB^-2^ Name, address and phone number of person to be contacted (if other than Applicant): GENERAL INFORMATION; Description of Project: y^>^>i%gvr iPP J^H UyiMj^yiMBX^ £t5)iJ)pY^£J^T' Project Location/Address: Assessor Parcel Number: 2/4- - - ^ Zone of Subject Property: Proposed Use of Site: r^r 2^y^yr^l. JFZ^^r^^M>CL -7:^A^/^/40M ^(yyj^/y<^vr List all other applicable applications related to this project: Environmental Impact Assessments for grading permits must be accompanied with a qradina plan and grading profile. 2. Describe the activit^irea, including distiguishmg natural and man- made characteristics; also provide precise slope analysis when appropriate. 7/ / Describe energy conservation measures incorporated into the design and/or operation of the project. 4. If residential/ include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 5. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 6. If industrial, indicate type, estimated employment per shift, and loading facilities. 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. -2- I, ENVIRONMENTAL IMPA(I^!?VNALYSIS Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) YES NO 1) Could the project significantly change present land uses in the vicinity of the activity? 2) Could the activity affect the use of a recreational area, or area of important aesthetic value? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10) Does the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity,area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 15) Could the activity result in the erosion or elimination of agricultural lands? 3) Could the activity affect the functioning of an ^ established community or neighborhood? ^ 4) Could the activity result in the displacement of community residents? 5) Could the activity increase the number of low and ^ modest cost housing units in the city? ^ 6) Could the activity decrease the number of low and ^ modest cost housing units in the city? ^ 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other ^ parts of the county, state or nation? 8) Could the activity significantly affect an historical or archaeological site or its settings? y 14) Could the activity change existing features of / any of the city's beaches? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- - / ment of already developed areas? ^ -3- 17) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? 18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental.control agency? 19) will the activity require issuance of a variance or conditional use permit by the City? 26: 28] YES NO 22) Will the activity involve construction of facilities in the area of an active fault? 23) Will the activity involve construction of facilities on a slope of 25 percent or greater? 25) Could the activity result in the generation of significant amounts of dust? (a) Indicate estimated grading to be done in cubic yards: ^.^^^^^ . (b) Percentage of alteration to the present land form: . (c) Maximum height of cut or fill slopes: <-<r 30) Will the activity result in substantial increases in ths use of utilities, sewers, drains or streets? 31) Is the activity carried out as part of a larger project or series of projects? -4- 20) Will the activity involve the application, use, or . disposal of potentially hazardous materials? ^ 21) Will the activity involve construction of facilities in a flood plain? 24) Could the activity result in the generation of X significant amounts of noise? ^ Will the activity involve the burning of brush, / trees, or other materials? ^ 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground A water, off-shore.) Will the project substantially increase fuel y consumption (electricity, oil, natural gas, etc.)? ^ 29) Will there be a significant change to existing V land form? STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL E^CTS If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature (Person Completing Report) Date Signed /(<:? ' S>6^ -5- NOTICE OP PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Cotmission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Califomia, at 6:00 p.m. on Wednesday, January 22, 1986, to consider approval of Conditional Use Permit to allow the construction of an enclosure to aeconmodate electronic telepAione equipment on property generally located at the northeast corner of Poinsettia Lane and Avenida Encinas in the C-2 zone arx3 more particularly described as: A portion of Lot 4 of Carlsbad Tract No. 81-5 according to Map Nb. 10899, filed in the Office of the County Recorder, April 11, 1984. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP-275 APPLICANT: PACIFIC FiRT.r. PUBLISH: January 11, 1986 CITY OF CARLSBAD PLANNING COMMISSION LOCATION MAP I. CCONOMY NN« or AMCMICA t. rnomoto MOTBL a S. LSXIHO-ION 4. -TRAVCLOOM a. KAisen IA FHOPOatO SCRVICI STATIOM PAQRC BELL ClP-275 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I •• lc4 Jl 1988 RECEIVED LAND USE PLANNINQ OFFICE ml hi I am a citizen of the United States and a residient of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the CarlSbSd Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the NOTICE OF PUBLIC /HiEA^ING * ' -^NOriCE IS HMEBY GIVEN that the Plannipg'CommUsion of the City df.Carlsbad will hold a public •(^hearing ^t the City Council Cham- ' bets', 1200 Etitl Avenue, Carlsbad| .vlffiylifornia, ateoo pm'i on Wednes'-.„ " day, Januaiy 22, 1986, to consider V'*. f™" court,.you,m,ay be '—• • '"Bited tb wsmg only those issues 10899, filed in the Office of the 'Countx^ecorder, April 11, ig]84, I Those persons wisKing'to sfjfeak on ;this proposal Sre cordially in- vited tp atterid;the public hearing • If you have any questions please call the PlafTning Department at 438-5591 >'I If you cliallen^e tlie Conditiohil' property ^ generally located at the northeast ?,pondence delivered to the City of J -^torner of Piihsettia Lane and'Ave- J'»P'''*° P^'or to the public «lS(da Ehcinas in the C-2 zone and 2**"!!,^; „ n^ore particularly described as ^'^^ CUP-275 .''5--A portion of Lot 4 of Carlsbad " '^"P''^*"' PACIFIC BELL , Tract No 81-5 according to Map No ' CITY 0^ cARLSBAD ' " ' ^ PLANNING COMMI.S.SION LOCATION MAP •:MII i r. CCOMOMY KM* Or..AMCKeA '3.yi.ci(PMaTON''!>" PACIFIC BELL ,,,CJ 4823: January II, 1986 I' pUP-275 notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 11 86 19. 19 19, 19 19. I certify und and corre State of day of at the foregoing is true CQUjitv. of San Diego, Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 55 COUNTY OF SAN DIEGO, m 1336 RECEIVED LAND USE ptANNiNG OFFICE I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad JOUmal o newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follov\/ing dates, to-wit: NEGATIVE DECLARATION PR0JF;CT ADDRESS/LOCA- TION : The northeast corner of Ave- nida Encinas and Poinsettia Lane. PROJECT DESCRIPTION: Approval of a conditional use per- mit to allow construction o" an en- closure lo accommodate electronic telephone equipment. The City of Carlsbad has con ducted an environmental review of the above described project pur suant to the Guidelines for Imple- mentation of the Calitornia Envi- ronmental Quality Act and the En- vironmental Protection Ordi^jnce of the City of Carisbad. As a result of said review, a Negative Declara- tion (declaration that the project will not have a sit^nificant impact on the environment) is hereby issued for the subject project. Justi- fication for this action is on file in the Planning Department. A copy of the Nt 'ive Declara- tion .with supportive iocuments is on file in liie Planning Department, City Hall, 1200 Elm .Avenue, Carls- bad. CA 92008. Comments from the public are invited. Please submit comments in writing to the Plan- ning Department within ten (10) days of date of issuance. Dated: January 8. 1986 Case No: CUP-275 Applicant: Pacific Bell MICHAEL J, HOLZMILLER Planning Director CJ 3622: January 8, 1986 .J.^nu.a.ry .8 19.36. 19 . 19 19 19 . I certify urvifer penalty of periury that the foregoing is true and correct, dxecut^d^t Carlsbad County of San Diego, State of C^liforma/oi^/ ] tpe pxt) day of i/mjy. JMd^y 19M: #202-2M 9 85 Clerk of trie Printer AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OP THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbaci to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approve<^ or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. ^ A^-y3 ^uifft^of Applicant or Date Authorized Agent Name (print) Title (Applicant, /Authorized Agent, etc.) APPROVED: Michael J. Holzmiller Land Use Planning Manager STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Stxbdivision Map Act and the Carlsbad Municipal Code setTs a fifty \50) day time restriction on Planning Coiranission p^^cessing of Tentative Maps and a thirty (30) day time limit for/City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. Jiy accepting applications for Tentative Maps concurrently with/applications for other ap^ovals which are prerequisites to Ime map; i.e., EnvironmentalNAssessment, Environmental Impact/Report, Condominium Plan, Planned Unit Development, etc., the fl^y (50) day time limits and the thirty (30) day time limitsyare often exceeded. If you wish to ha\e your application processed concurrently, this agreement musrvbe signed by the appaicant or his agent. If you choose not to srgn the statement ,y^e City will not accept your application for Xhe Tentative Mifp until all prior necessary entitlements have been^processed apa approved. The undersigned understands thaAthe processing time required by the City may exceed the ti agrees to extend the time City Coxincil action and fu time up to one year from as complete to properly mits, therefore the undersigned iL.s for Planning Commission and concurs with any extensions of he date the application was accepted eview astl of the applications. Signature Date Name (Print) Relatiof^i^hip to Application (Proper4r.y, Owner-Agent) FORM: PLANNING 37, REVISED 3/80 LANP USr PLAIMIMING /I ^PLICATION DISCRETICmRY ACTIONS REQUEST - • Zone Change • General Plan Amendment • Tentative Tract Map • Major Planned Unit Development • Master Plan • Major Redevelopment Pennit • Minor Redevelopment Permit • Precise Developnent Plan (check other boxes if ^prcpriate) •Specific Plan •^te Development Plan Efconditional Use Permit •Plannii •Plannir^ Ccmmission Determination •Special Use Permit •Structure Relocation •Major Condominium Permit •Coastal Permit (Portion of Redevelopment Area Only) Conplete Description of Project (attach additional sheets if necessary) y. ^f9C^H/^NT (Pf I^Nt'i/^NN^O £l£cr!Z-Oi^lC JT^^/J^/j^^T ^n^LoS<^/f£: Legal Description (coipleti) Assessors Parcel Number Existing Land Use General Plan Zone C7- Q Proposed Zone Proposed General Plan Site Acreage Owner Applicant Name (Print or Type) Name (Print or Type) J'l£m\CK HoLP/He^% LTD. Mai 1 1 rv-j Ar1H-r«a.t!?; > ' Mailing Address 2.115 ^iPi LA VAU.E "^Zol- Mailing Address City and State Zip Telephone ^20\l Mh777Z. City and State Zip Telephone I CERTIFY THAT I AM THE LE)GAL OWNER AND THAT ALL THE ABOVE INFORMATICN IS TRUE AND CORRECT TO IHE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND IHAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWIEDGE. SIGNATURE DATE Date Arolicaticm Rec*d SIGNATTJtyi;^ D?^TE 3-2^"3 A tee ^jplioation Rec'd ived By St^i i^igned B»3ei{>t No. S7d xy Case Ntmbir^ / • '":'--Z-zZ:'Z^ I. SPECIFIC REcJiREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Pee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan TT Application Form ^ 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-0 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map TT Application Form 2. General Requirement Items eighteen (18) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned development (5 or more units) 1. Application Form 2. General Requirement Items: eighteen (18) copies of items B-D - items E-0 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. February 27, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Carlsbad Tract No. 81-5 PACIFIC BELL JOB NO.: DB(19) 1567Q Permission is hereby granted to Pacific Bell to apply for variances and/or conditional use permits as required for the purpose of placing an electronic equipment enclosure within the easement described in the attached document. By: ^^A^ "f^^^^^^y flerrick Deve^pment Date: J^-^^'-^/f t-hat further information is required, you will be so advised. APPLICANT Name (individual, partnership, joint venture, corporation, syndication) 73 37 r'A'yPD^ sr yooy^oyiO S.Q7ZIZI Business Address [0/9) S3h-.-=,M(^ Telephone Number AGENT: /Aj-J^-fP^D S O^T^RON I MEMBSHS: Name 7 337 -v-^JOO^ Business Address ((3/91 ^'^7^- 3399 Telephone Nuisber Name -(individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Nuaber Telephone Number ifsne Eome Address Business Address Telephone Nuaber Telephone Number (Attach more sheets if necessary) I/v;e declcire under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as being true and correct until amended. BY Agent, O-.Jneg, Pai Lii^lr STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e.. Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date ^ .' z ...f // Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 SUPPLEMEOTAL INFORMATION FORTI VARIANCE 1) Gross Acres (or square footage, if less than acre) 2) Zone C'8~ 3) General Plan Land Use Designaticn 4) By law a Variance may be approved cnly if certain facts are found to exist. Please read tJnese requirements carefully and explain how the proposed project meets each of these facts. Use additicnal sheets if necessary. a) Explain why there are excepticnal or extraordinary circumstances or ccnditicns applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zcne: /ii^rj^ j^^r^ /.5 /'/Zopoj/»cr TA'^/'jM^£-Ai'^t.,T- ar T//^ £au,fiH^/rr .£^^-t^:s^/Ae jr/W/iyME^rr -7-/0 ^jpjf^^ T^.e^y<^^UNicy^rioN /J£ci^n& a>r -mis. yf».^yi?i.y^Yyg^//.^AA.-.t- yP/rrpuJiPf':. JS/fD a>7-M£re ^J-T/Zy-yy ^y^g...PT £-i.£: ^.m I iL. b) Explain why such variance is necessary for the preservation and enjoyment of a siabstantial property right possessed by otl-er property in tl« same vicinity and zcne but which is denied to the property in questicxi: /^i^/ji; /ffi^^—3.00 ^^£r ^^^Jr A:>^^.^^£.s.'ry ^//fpfi-yy /3.oo r££r 77/^ .5^/^ y^y^^/yf y^jT^-zO PyZcDV/P/^D .5'^ J^^T 7>,r^ /r'^^.i/ c) Explain why the granting of such variance vri.ll not be materially detrimental to the public welfeure or injurious to the property or inprovements in such vicinity and zone in which the property is located ^, —————' d) Explain why the granting of such variance v.dll not adversely affect the caxTprehensive general plan: 3/0^^/1^1^/9AJV /M/'/^^T^ OAJ .^y-^£^ syTT^tA SS£l/lA^^^J^^^G£)^SL^^/¥£i^.7^^^ /IVSNJDA £y^Z.)UA\ 7s£7n1< 7>? 7-//2r ASc//^-i:?^Aj^