HomeMy WebLinkAboutCUP 144; Carlsbad Municipal Water District; Conditional Use Permit (CUP) (6)MEMORANDUM
November 9, 1977
TO : Planning Commission
FROM : Planning Department
SUBJECT: CUP 144 TO PERMIT A PUBLIC USE ON A
TRANSMITTING TOWER - APPLICANT: CITY
OF CARLSBAD
BACKGROUND
LOCATION AND DESCRIPTION OF PROPERTY
The subject property is about 1-1/2 miles east of El Camino
Real between Palomar Airport Road and Tamarack extended.
The following is a block building with a 200' high tower, on the westerly slope of Mt. Hinton, approximately 300 feet north
of Squires Dam. The block house is about 20' x 25' in size.
Except for the dam site and caretaker's trailer, the parcel is
vacant.
EXISTING ZONING
Subject Property: R-A - 10,000 - Tower is
located in the R-A-10,000 zone.
North: R-A (County & Oceanside)
South: R-A - 10,000 & open space
East: R-A (County)
West: A-1 (County)
EXISTING LAND USE
Subject Properties: Road Tower & Dam Site North: Vacant
South: Vacant & Dam Site
East: Vacant & Dam Site
West: Vacant & Agriculture
ENVIRONMENTAL IMPACT INFORMATION
CUP 144 meets the requirements of the Carlsbad Environmental Protection Ordinance for a Negative Declaration because: The
extreme topography surrounding the project prevents the tower
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from creating any serious visual impacts on surrounding resi-
dential areas.
The tower is in conjunction with existing public services and
there will be no significant grading or disturbance of vege-
tation.
HISTORY OF mLATED CASES
CUP'S 50, 119 & 144 - Establishing and regulating a 100 foot
radio-tower (offshore nagivation) located between Carlsbad
Blvd. and the A.T. & S.F. Railroad, just south of Palomar Air-
port Road.
irrigation, lighting, weed abatement and a warning beacon was
to be provided on top. The CUP was approved for 4 years with a provision that verified complaints would immediately place
the CUP on the commission agenda for review.
Conditions were placed on maintenance of landscape,
GENERAL PLAN INFORMATION
The Land Use Element of the General Plan indicates an OS (open
space) land use.
The General Plan further states that adequate public services
should be available to meet the needs of existing and future
populations of the City.
PUBLIC FACILITIES
No public facilities are required.
MAJOR PLANNING CONSIDERATIONS
Will the radio tower have a significant visual impact on sur-
rounding residential areas?
Does the tower create a hazard for aircraft taking off or landing at Palomar Airport?
Will the broadcast frequencies used for the radio station and for police dispatching interfere with the UCSD research projects need
for radio-quiet environment?
CUP-144 DISCUSSION
The subject site is on the west slope of Mt. Hinton on CMWD Squires
Dam property. This is one of the highest points in Carlsbad and is ideal for radio transmitting. This particular tower is now used by the local radio station KKOS-FM and will be used by the City of Carlsbad for police, fire and public work communications.
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The tower was erected earlier this year by the radio station with an agreement with CMWD. Technically, the erection of this tower is in violation of the City Code since it required a Conditional Use Permit. Before the City will become a party
to this project, the use must conform to all City requirements.
Therefore, the City has requested that a Conditional Use Permit be approved to make it a conforming land use, complying with
City requirements.
The use is so situated that there will be very little detrimental effects to surrounding properties or to aircraft. It is on the
westerly slope of the mountain, and the only place it can be seen from future residential areas is from a valley leading to the west. However, the distance is great enough that there will be very little visual impact on the area.
A possible problem is interference with the University of California's research projects which lie to the south. Staff contacted the
university and they indicated there is no interference from the
present transmit t ing .
RECOMMENDATION
It is recommended that CUP-144 be approved based on the following
findings and subject to the following conditions:
1.
2.
3.
The requested use is necessary and desirable for the develop- ment 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 per- mitted in the zone in which the proposed use is to be located
because:
a) The elevation of this site, along with location, in the
approximate geographic center of Carlsbad, will give
proper transmitting to the entire City.
b) Because of the hilly terrain and relative great distance
to the surrounding properties, the use will have very
little visual impact on the area.
The site for the intended use is adequate in size and shape
to accommodate the use because:
a) The use will occupy a very small space towards the portion
of the lot towards the north east corner of this large lot,
therefore, there will be very little impact to the surround- ing areas.
All yards, setbacks, walls, fences, landscaping and other feat-
ures necessary to adjust the requested use to existing or
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4.
5.
6.
or permanent future uses in the neighborhood will be provided
and maintained because:
a) The location of the use meets all of the code requirements.
The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use
because:
a) There will be no traffic generated by this use.
The subject application has complied with the requirements of
the Carlsbad Environmental Protection Ordinance of 1972 because:
a) A Negative Declaration was issued because: The mountain
terrain surrounding the project reduces the towers visual
impact on surrounding residential areas. The tower is in
conjunction with existing public services and there will
be A0 significant grading or disturbances of vegetation.
The subject application is consistent with applicable City Public Facilities Policies and Ordinances because:
a) The project will have no demand on the public service
facilities.
CONDITIONS OF APPROVAL
1. Approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan sub-
mitted labeled Exhibit A, dated 9/29/77.
2. If the use or transmitting causes disturbances to the nearby University of California research facility, the applicant shall submit to the Planning Commission methods to mitigate the disturbance. The method the Planning Commission feels to be appropriate shall then be installed in a time period
determined by the Planning Commission.
Commission is dissatisfied with the mitigating measures or
results thereof, the Planning Commission shall request CUP to be noticed for public hearing to determine extent of problem and possible solutions.
If the Planning
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Attachments: Exhibit A 9/29/77
Location Map
Topographic Map with Tower Location