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HomeMy WebLinkAbout1988-05-18; Planning Commission; Resolution 27391 /I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 I 28 I, PLANNING COMMISSION RESOLUTION NO. 2739 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A CABLE TELEVISION MICROWAVE ANTENNA RECEIVER SITE ON PROPERTY GENERALLY LOCATED APPROXIMATELY 2,000 FEET EAST OF THE INTERSECTION OF EL FUERTE STREET AND LUCIERNAGA STREET ADJACENT TO THE COSTA REAL WATER DISTRICT'S RESERVOIR. APPLICANT: DANIELS CABLEVISION, INC. CASE NO: CUP 88-2 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commksion did, on the 18th day of May, 1988, hold a duly noticed public hearing to consider said application on property described as: A portion of Parcel 4 of Parcel Map 10179 on file in the office of the County Recorder of San Diego County, State of California, being a portion of Section 30, Township 12 South, Range 3 West, of the San Bernardino Meridian, City of Carlsbad,said County, said State. WHEREAS, at said public 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 88-2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: ~ I ~ A) That the foregoing recitations are true and correct. ~ B) That based .on the evidence presented at the public hearing, the Commission APPROVES CUP 88-2, based on the following findings and subje,ct to the following conditions: ... , 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Findinss : 1, The proposed use will provide improved television reception to -the area. The isolated site and small scale of the project are in harmony with the objectives of the General Plan and will not be detrimental to future development in the surrounding area. 2. The site is -37 acre and more than adequate for the proposed monopole. No accessory buildings are proposed. 3. The monopole is situated in the center of the site and conforms to all the setback requirements of the zone. As conditioned, the landscaping will screen the antenna from existing and future development in the neighborhood. 4. The existing street system is adequate since the site is unmanned, and the only additional traffic generated by the project will be service vehicles. Planninq Conditions: Maps and Exhibits 1. Approval is granted for CUP 88-2, as shown on Exhibit(s) tlAt"-ttCtt, dated January 4 and April 5, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Facilities and Services 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 as amended from time to time, 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 January 14, 1988, and the agreement to pay the Growth Management Fee as determined by City Council, 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. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RES0 NO. 2739 -2- I ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 General Plannins and Lesal Conditions 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. 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. 6. This Conditional Use Permit is granted for a period of two 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 effect 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 two years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse effect 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. Specific Onsite Conditions: 7. This Conditional Use Permit is for one 6' diameter antenna. Any additional equipment will require an amendment to the CUP. ..m PC RES0 NO. 2739 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 e 8. The proposed monopole requires a concrete footing approximately 8' deep. Because the site is rocky, blasting may be necessary. Prior to any blasting the applicant will obtain the applicable permit from the County Sheriff's Department and file a copy with the Planning Department for attachment to the Conditional Use Permit. 9. Prior to issuance of the building or grading permit the applicant shall submit a fencing plan subject to the approval of the Planning Director. Landscape: 10. The applicant will provide evidence of a water supply to the irrigation system to the satisfaction of the Planing Director. 11. The applicant will landscape the site in accordance with the plan approved as Exhibit nAn. Planting holes for the trees will be dug to a size two times the diameter and two times the depth of the rootball, backfilled with a commercial planting mix and provided with fertilizer tablets in accordance with the tree size. 12. The landscaping will be maintained in a healthy and flourishing condition and will be irrigated by a drip system for a period of not less than two years. Enqineerinq: 13. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 14. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 15. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. ... ... ... ... PC RES0 NO. 2739 -4- 0 e PASSED, APPROVED, AND ADOPTED at a regular meeting of 1 2 3 4 5 6 the Planning Commission of the City of Carlsbad, California, held on the 18th day of May, 1988, by the following vote, to wit: AYES : Chairman McFadden, Commissioners: Hall, Schramm, Schlehuber, Marcus & Holmes. NOES : None. 7 ABSENT : None. a ABSTAIN: None. 9 10 11 12 ATTEST: .- t'. :( .4 13 14 15 16 17 18 19 I 20 MICHAEL J. H~~ZMILL~~ PLANNING DIRECTOR ~ 21 22 23 24 25 26 II 2711 PC RES0 NO. 2739 28 // -5- //