HomeMy WebLinkAbout1994-01-04; City Council; Resolution 94-3I! 0 0
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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
permit to construct a cellular communications facility on prope
located on the west side of Harding Street between Chestnut Ave
and Palm Avenue in the northwest quadrant of the City and descri
as :
Lots 1 through 32 of Block 61 of Map 775, in the City of Carlsbad.
WHEREAS, the Planning Commission did on September 1, 1
and October 20, 1993 hold duly noticed public hearings
prescribed by law to consider said application for Conditional
Permit CUP 93-03; and
WHEREAS, the Planning Commission did on October 20, 1
after hearing and considering all the evidence and testimony of ,
people desiring to be heard adopt Resolution No. 3541 approving .
Conditional Use Permit CUP 93-03; and
WHEREAS, an appeal of this approval was timely filed
October 21, 1993; and
WHEREAS, on Tuesday, December 14, 1993, the City Count
of the City of Carlsbad held a duly noticed public hearing
prescribed by law to consider said appeal and at said hearing afi
consideration of all the evidence, testimony, and argument of thc
persons present and desiring to be heard the City Council granl
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the appeal and denied the Conditional Use Permit 93-03 with
prejudice ; and
WHEREAS, the City Council finds that Chase Field is
special historical and environmental importance in that it is
of the first City ball fields in Carlsbad and was located
developed with virtually the unanimous consent of the residents
that neighborhood; and
WHEREAS, it has been used through the years for baseb
activities for the benefit of the entire community and with
consent and concurrence of the local neighbors; and
WHEREAS, the neighborhood objects to a different use f
that historically allowed in that locating an antenna in the p
would not be consistent with open space and park use even though
might add ancillary benefits to certain recreational activiti
and
WHEREAS, the proposed antenna and its support struct
may contain substances the neighborhood believes to be hazard
and may create noise and fumes the neighborhood believes will
obnoxious; and
WHEREAS, the proposed use, including 60 foot antenna
associated facilities, will create visual blight and monotony; a
WHEREAS, the proposed use and especially the antenna
not in essential harmony with the neighborhood and is not
essential use; and
WHEREAS, the proposed use is essentially commercial
nature and is not necessarily compatible with park and recreatio
use; and
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I WHEREAS, no amount of mitigation will change
essential use and character of the proposed use to a use which
in essential harmony with the neighborhood; and
WHEREAS, the requested use is not necessary, desira
and inconsistent with the general welfare for the development
the community and is detrimental to existing or allowed uses,
NOW, THEREFORE, the City Council of the City of Carls
resolves as follows:
1. That the foregoing recitations are true and corre
2. That the appeal is granted and CUP 93-03 is den
without prejudice.
3. This action is final the date this resolution
adopted by the City Council. The provision of Chapter 1.16 of
Carlsbad Municipal Code, "Time Limits for Judicial Review" sh
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 other paper seeking judicial review must be filed 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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1 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 92008.11
PASSED, APPROVED AND ADOPTED at a Regular Meeting Of
city Council of the City of Carlsbad on the 4th day of Januz
1994, by the following vote, to wit:
~
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and f
NOES: None
DID NOT PARTICIPATE: None
t "-
ATTEST :
-4- ALETHA L. RAUTENKRANZ, Ci% Clerk
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