HomeMy WebLinkAbout1992-02-19; Planning Commission; Resolution 33344 1
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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:
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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;
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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
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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.
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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-
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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-
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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.
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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.
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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. ...
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1 PC RES0 NO. 3334 -5-
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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 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:
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MICHAEL J. HOMMILLYR
PLANNING DIRECTOR
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PC RES0 NO. 3334 .6-
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