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Home My WebLink About2004-08-18; Planning Commission; ; CUP 94-04X2 - CARLSBAD SD-475.rhe City of Carlsbad Planning Department- A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: August 18, 2004 Item No. G) Application complete date: June 9, 2004 Project Planner: Van Lynch Project Engineer: Jeremy Riddle SUBJECT: CUP 94-04x2 -CARLSBAD SD-475 -Request for an extension of CUP 94- 04xl to allow the continued operation of a cellular communication facility at the southeast corner of Pio Pico Drive and Chestnut A venue in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5671 APPROVING a five-year extension of Conditional Use Permit CUP 94-04xl based upon the findings and subject to the conditions contained therein. II. EXPLANATION This item was scheduled to be heard at the August 4, 2004 meeting, which was canceled due to lack of a quorum. The dates on the staff report and plans have not been changed. The dates on the resolution have been changed to reflect the meeting and adoption date of August 18, 2004. ATTACHMENTS: 1. Planning Commission Resolution No. 5671 2. Staff Report dated August 4, 2004, with attachments 'he City of Carlsbad Planning Departme, A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. (D P.C. AGENDA OF: August 4, 2004 Application complete date: June 9, 2004 Project Planner: Van Lynch Project Engineer: Jeremy Riddle SUBJECT: CUP 94-04x2 -CARLSBAD SD-475 -Request for an extension of CUP 94- 04xl to allow the continued operation of a cellular communication facility at the southeast comer of Pio Pico Drive and Chestnut Avenue in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5671 APPROVING a five-year extension of Conditional Use Permit CUP 94-04xl based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five year extension of CUP 94-04xl will allow the continued operation of a cellular communication facility at 1015 Chestnut A venue from September 21, 2004 through September 20, 2009. III. PROJECT DESCRIPTION AND BACKGROUND On July 6, 1994 the Planning Commission approved a five-year CUP for CUP 94-04 and on October 6, 1999 the Commission approved a five-year extension to operate a cellular communications facility at 1015 Chestnut Avenue. Condition No. 2 of the approving CUP Resolution No. 4635 specifies that CUP 94-04x 1 is granted for a period of 5 years but may be extended upon written application of the permittee (Paul Kaplan). The applicant AT&T Wireless is requesting a five-year extension of CUP 94-04xl to allow the continued operation of the cellular facility at this site. IV. ANALYSIS A. The cellular communication facility continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Local Facilities Management Plan l; 3. Title 21 of the Carlsbad Municipal Code; and 4. Policy 64 -Wireless Communication facilities. CUP 94-04x2 -CARLSB! SD-475 August 4, 2004 Page2 - B. The adopted project findings for CUP 94-04xl, which are contained m Planning Commission Resolution No. 4635 still apply to this project (CUP 94-04x2). C. The adopted project conditions for CUP 94-04xl, which are contained in Planning Commission Resolution No. 4635 still apply to this project (CUP 94-04x2) with the exception of Condition No. 2 which is amended by Condition No. 4 in Planning Commission Resolution No. 5671 to extend CUP 94-04x2 for 5 years from September 21, 2004 through September 20, 2009. D. No formal written complaints regarding CUP 94-04xl have been submitted to the City. E. Annual reviews have been conducted for CUP 94-04xl and the project is in compliance with all conditions of approval. F. City Council Policy 64 -Wireless Communication Facilities The project is consistent with City Council.Policy 64 Wireless Communication Facilities. The proposed location on an existing office building in a Residential-Professional zone which is a preferred location and the stealth design (i.e., entirely hidden behind existing roof screens, with the equipment located within an existing office space) will completely limit the facility's visibility to the public. G. The extended CUP should be exempted from environmental review per Section 15301, existing facilities, of CEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5671 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 4635, CUP 94-04xl, dated October 6, 1999 5. Planning Commission Resolution No. 3672, CUP 94-04, dated July 6, 1994 SITE - ....J 11. ~ ~ 1-----.----1-~-----1 ~ w 1---~ - CARLSBAD S04 75 CUP 94-04x2 City of Carlsbad 1461 ,, ,, i ,i· I •J4 •E• ii, ,i4hi DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in trus and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. Person ,"\---------------+---,-- Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned (A separate 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ - 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust -------------------- Tit I e Tit I e ----------------------------- Address Address -------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) mont D Yes If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above informatio~ true and correct to the best of my knowledge. l}e&~_ -~·c :r/Jfov ~ _ J •·; / ~::•• ____,. , fl _ __.,..__-· \ -lrl,~~~ zz&-_;b/{y ------~-""-!'------~---,---- signature of owner/date7 Signature applica ,Ja, 5-2<?,-I P/tu l-/Cft1J Ll/?v ·1 ~ 0 ) · k-l .-.-::: f\o)E..["+c..~pc,-. )~ Print or type name of owner Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent