HomeMy WebLinkAbout1987-09-16; Planning Commission; Resolution 2680*
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PLANNING COMMISSION RESOLUTION NO. 2680
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAO, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO CONSTRUCT A 150 FOOT
TELECOMMUNICATIONS ANTENNA TOWER AND A 484
SQUARE FOOT EQUIPMENT STORAGE BUILDING ON PROPERTY
GENERALLY LOCATED ON THE NORTH OF SIDE OF
SQUIRE'S -DAM AT THE END OF SUNNYCREEK ROAD.
APPLICANT: PACTEL (KEARNY MESA)
CASE NO: CUP 87-7
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
9 // WHEREAS, said verified application constitutes a request I
10 II as provided by Title 21 of the Carlsbad Municipal Code; and I
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the Planning Commission did, on the 16th day of September, 1987,
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WHEREAS, pursuant to the provisions of the Municipal Code,
hold a duly noticed public hearing to consider said application on
property described as:
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A portion of Lot "C" of Rancho Agua Hedionda, County of
San Diego, State of California, Map No. 823 filed in the
Office of the County Recorder November 16, 1896.
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WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP 87- 19 I
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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(A) That the foregoing recitations are true and correct. 23
Commission of the City of Carlsbad as follows:
(B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP 87-7, based on the following findings
and subject to the following conditions:
26 11 Findings:
27 11 1. The antenna tower and equipment storage building are a
necessary feature in the development of the community. They
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are essentially in harmony with the elements and objectives of
the General Plan and, as proposed or conditioned, will not be
detrimental to existing or specifically permitted land uses in
the R-A-10 zone.
2. The 5,625 square foot lot is adequate in size and shape to
accommodate the 484 square foot equipment building and the
antenna tower with a base of 23 feet by 23 feet by 23 feet.
3. The unpaved road servicing the antenna tower and equipment
storage building is adequate to handle the traffic generated
by the project.
4. All necessary design features such as fences, setbacks, and
landscaping are provided for as conditions of approval.
Sufficient landscaping has been provided as an adequate
buffer zone between the proposed project and the surrounding
neighborhood.
5. The project is consistent with all City public facilities and
ordinances since the applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities
will be available concurrent with need as required by the
General Plan.
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~ 6. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirements approved as part of the Local Facilities
Management Plan for Zone 15.
7. The project will not cause any significant environmental
impacts, an.d a Negative Declaration has been issued by the
Planning Director on August 12, 1987, and approved by the
Planning Commission on September 16, 1987.
8. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a local facilities management plan adopted by
the City of Carlsbad. This will ensure continued availability
of public facilities and will mitigate any cumulative impacts
created by the project.
Conditions:
1. Approval is granted for CUP 87-7 as shown on Exhibits rcAct
through 'IE", dated May 14, 1987, incorporated by reference
and on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in these
conditions.
PC RES0 NO. 2680 -2-
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2. This project is also approved under the express condition that
the applicant pay the public facilities fee adopted by the
City Council on July 28, 1987, and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated July 28, 1987, and the
agreement to pay the Growth Management Fee dated May 20, 1987,
copies of which are on file with the City Clerk and are
incorporated by this reference. If the fees are not paid this
application-will not be consistent with the General Plan and approval for this project shall be void.
3. The land use requested in application CUP 87-7 and approved
by Resolution No. 2680 is a 150 foot antenna tower and a 484
square foot equipment storage building.
4. This approval shall become null and void if building permits
are not issued for this project within one year from the date
of project approval.
5. The applicant shall prepare a 24" x 36" reproducible mylar of
the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits.
6. This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the
Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding
properties or the public health and welfare. If the Planning
Director determines that the use has such significant adverse
impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the
opportunity to be heard, add additional conditions to mitigate
the significant adverse impacts. This permit may be revoked
at any time after a public hearing, if it is found that the
use has a significant detrimental affect on surrounding land
uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended
for a reasonable period of time not to exceed five years upon
written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the
public's health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of,extensions the Planning Commission may grant. ~
~ PC RES0 NO. 2680 -3- I I I
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7. The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of grading or building
permits, whichever occurs first.
8. The applicant will provide for a six-foot chainlinked fence
surrounding the project.
9. No outdoor storage of material shall occur onsite unless
required by the Fire Chief. In such instance a storage plan
will be submitted for approval by the Fire Chief and the
Planning Director.
IO. This project shall comply with all conditions and mitigation
required by Zone 15 Local Facilities Management Plan and any
future amendments made prior to the issuance of building
permits.
11. Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable Cit}
ordinances in effect at time of building permit issuance.
12. The applicant shall provide a beacon light at the top of the
tower as required by the FAA and FCC.
13. The applicant shall submit proof of FAA clearance prior to
issuance of building permits.
14. The maximum number of micro-wave dishes added to the tower
shall be four. Any additional units will necessitate an
amendment to this conditional use permit. //I/
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PC RES0 NO. 2680 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 16th day of September, 1987, by the following vote, to
wit:
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AYES: Chairman Marcus, Commissioners Hall, Schramm and
Holmes.
NOES: Commissioners McFadden and McBane.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
ATTEST:
fl?? "L a* 24"
J US, Chairman
PLANNING COMMISSION
MICHAEL 3. HOLXILLEW
PLANNING DIRECTOR
PC RES0 NO. 2680 ' -5-