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HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 33344 1 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 !23 I /I e e PLANNING COMMISSION RESOLUTION NO. 3334 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW RETENTION OF TWO DISHES AND NINE ADDITIONAL ANTENNA DISHES TO BE PLACED ON AN EXISTING 150 FOOT TOWER TO GIVE A TOTAL, OF ELEVEN ANTENNA DISHES ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF SQUIRES DAM AT THE END OF SUNNY CREEK ROAD. CASE NAME: SQUIRES DAM COMMUNICATIONS FACILITY CASE NO: CUP 87-7(A) WHEREAS, a verified application has been filed with the City of Carlsbac and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided b: Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl Commission did, on the 19th day of February, 1992, hold a duly noticed public hearinj to consider said application on property described as: A portion of Lot "C" of Rancho Agua Hedionda, according to Map No. 823 as filed in the office of the County Recorder, County of San Diego, State of California, on November 16, 1896. ~ WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commissior considered all factors relating to CUP 87-7(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP 87-7(A), based on the following findings and subject to the following conditions: I a 0 1 2 3 4 5 6 7 8 FiIldiIlgS: 1. That the requested use is necessary or desirable for the development of thl community, is essentially in harmony with the various elements and objectives o the general plan, and is not detrimental to existing uses or to uses specific4 permitted in the zone in which the proposed use is to be located because th existing 150 foot high tower with two existing antenna dishes provide a: important public utility and the nine additional antenna dishes will help to furthe strengthen a link in the region-wide cellular communications system; 2. That the site for the intended use is adequate in size and shape to accommodatc the use since the 150 foot hi& supported tower is already in place and thi conditional use permit amendment involves adding nine antenna dishes an( allowing for their relocation as needed; 9 3. 10 11 12 13 That all of the yards, setbacks, walls, fences, landscaping, and other feature: necessary to adjust the requested use to existing or permitted future uses in thc neighborhood will be provided and maintained; all features required by CUP 87-: have been adequately provided and maintained and are adequate for this CUI amendment proposal to add nine additional antenna dishes; in addition, tht applicant, after public discussion, had agreed to revise the landscape plan tc remove the existing eucalyptus trees and replace them with another tree/plan type; 14 4. That the unpaved access road servicing the antenna tower and equipment storagf 15 been incorporated into this resolution so that this resolution contains all tht 5. AU conditions of approvals of CUP 87-7 have been found to be adequate and haw 16 building is adequate to properly handle all traffic generated by the proposed use. 17 findings and conditions of approval for this communications facility use. 18 19 20 21 22 23 24 25 26 27 28 6. Staff has inspected this use per the conditions of approval of CUP 87-7 and ha! found the project to be in compliance with them. Staff has no documente( complaints from this use. The proposal to add nine antenna dishes is i~ conformance with the purpose and approval of CUP 87-7. 7. The applicant has agreed and is required by the inclusion of an appropriatf condition to pay a public facilities fee. Performance of that contract and paymen of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 8. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the LO& Facilities Management Plan for Zone 15. 9. 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 an^ additional requirements established by a Local Facilities Management Plan PC RES0 NO. 3334 -2- I. 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 8 0 prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 10. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on January 9, 1992, and approved by the Planning Commission on February 19, 1992. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. Conditions: 1. Approval is granted for CUP 87-7(A), as shown on Exhibit(s) "A"-"C", dated February 19, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The conditions of Planning Commission Resolution 2680 for CUP 87-7, dated September 16, 1987, on file in the Planning Department are not incorporated herein by reference. The conditions applicable to the project are only those listed in the Planning Commission Resolutions of approval for CUP 87-7(A). 3. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site Plan as approved by the Planning Commission. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. 4. This project is also approved under the express condition that the applicant paJ the public facilities fee adopted by the City Council on July 28, 1987 and a! amended from time to time, and any development fees established by the Ciq Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othe: ordinance adopted to implement a growth management system or facilities ant improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 20, 1987, a copy of which is on file with the City Clerl and is incorporated by this reference. If the fees are not paid this application wil not be consistent with the General Plan and approval for this project will be void 5. This project shall comply with all conditions and mitigation required by the Zonl 15 Local Facilities Management Plan approved by the City Council on April 1( 1990, incorporated herein and on file in the Planning Department and any futw amendments to the Plan made prior to the issuance of building permits. PC RES0 NO. 3334 -3- 4 e e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. If any condition for construction of any public improvements or facilities, or tl: payment of any fees in lieu thereof, imposed by this approval or imposed by la on this project are challenged this approval shall be suspended as provided Government Code Section 65913.5. If any such condition is determined to 1 invalid this approval shall be invalid unless the City Council determines that tl project without the condition complies with all requirements of law. 7. Approval of this request shall not excuse compliance with all sections of tl Zoning Ordinance and all other applicable City ordinances in effect at time building permit issuance. 8. This conditional use permit is granted for a period of five years. This condition, use permit shall be reviewed by the Planning Director on a yearly basis 1 determine if all conditions of this permit have been met and that the use does nc have a significant detrimental impact on surrounding properties or the pub1 health and welfare. If the Planning Director determines that the use has su( significant adverse impacts, the Planning Director shall recommend that tl: add additional conditions to mitigate the significant adverse impacts, This perm may be revoked at any time after a public hearing, if it is found that the use h a significant detrimental affect on surrounding land uses and the public’s heal1 and welfare, or the conditions imposed herein have not been met. This perm may be extended for a reasonable period of time not to exceed five years upc written application of the permittee made no less than 90 days prior to th expiration date. In granting such extension, the Planning Commission shall fin that no substantial adverse affect on surrounding land uses or the public’s healt and welfare will result because of the continuation of the permitted use. If substantial adverse affect on surrounding land uses or the public’s health an welfare is found, the extension shall be considered as an original application fc a conditional use permit. There is no limit to the number of extensions th Planning Commission may grant. Planning Commission, after providing the permittee the opportunity to be hear1 9. If the property owner/owners’ address changes from that which is shown on tE conditional use permit application, a notice of a change of address shall t reported, in writing, to the Planning Department within 30 days. 10. No outdoor storage of material shall occur onsite unless required by the Fire Chie In such instance a storage plan will be submitted for approval by the Fire Chic and the Planning Director. 11. All landscaped areas shall be maintained in a healthy and thriving condition, fre from weeds, trash, and debris. PC RES0 NO. 3334 -4- v ll 0 0 I/ II 12. The applicant shall maintain a six foot high chain linked fence around the si 1 perimeter as shown on Exhibit "Aff. 2 4 3 13. 5 6 7 8 9 10 11 12 13 17. 14 14. 15. 16. The applicant shall maintain a beacon light at the top of the tower as required the FAA and FCC. The applicant shall submit proof of FAA clearance prior to issuance of any bddi pennits for antenna dish installations. The site currently contains a 150 foot high antenna tower and an equipme shelter as approved by CUP 87-7. This CUP Amendment specifically allows fc a water tank and generator with an enclosure as shown on Exhibits "Aff and '1 and; the placement of up to &e adadonal antenna dishes. A maximum of dew dishes are permitted by this CUP Amendment with the existing or proposed di diameters as shown on Exhibit "B". These dishes may have variable locations I the tower as needed to perform their functiom Any impacts resulting from th allowance will cause this CUP to be brought forward to the Planning Commissic for resolution. No signs or signage/logos of any kind are allowed on the site, or the suppo tower or on any of the existing or proposed antenna dishes. A hold harmless agreement to the satisfaction of the City Attorney and Plannix Director shall be submitted and approved prior to issuance of building permits. 15 16 17 18 19 20 21 22 23 24 25 26 27 18. The applicant shall revise the landscape plan to replace the existing eucdyph trees with another type of plant subject to the review and approval of the Plannin Director. ... ... ... ... ... ... ... I.. ... 1 PC RES0 NO. 3334 -5- 28 I1 * 8 ? .. II 1 2 3 4 5 6 7 a 9 10 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of February, 1992, by the following vote, to wit: AYES : Chairman Erwin, Commissioners: Schlehuber, Schramm, Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. %L TOM ERWIN, Chairperson 12 ll CAEUSBAD PLANNING COMMISSION 13 /I ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MICHAEL J. HOMMILLYR PLANNING DIRECTOR i PC RES0 NO. 3334 .6- 28 II