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Home My WebLink About1992-04-01; Planning Commission; Resolution 3377.'1 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3377 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD AN ADDITIONAL 160 SQUARE FEET OF FLOOR AREA TO AN EQUIPMENT BUILDING AND THREE COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SQUIRES DAM. CASE NAME: DANIELS CABLEVISION BUILDING EXPANSION CASE NO: CUP 184(B) ADDITIONAL GROUND-MOUNTED SATELLITE DISHES TO AN EXISTING 7 11 WHEREAS, a verified application has been filed with the City of Carlsbad ar 8 9 referred to the Planning Commission; and 10 I/ WHEREAS, said verified application constitutes a request as provided by Title 2 11 of the Carlsbad Municipal Code; and 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Plannir 13 14 Commission did, on the 1st day of April, 1992, hold a duly noticed public hearing consider said application on property described as: 15 16 17 A portion of Lot "C", Rancho Agua Hedionda, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, ~ 18 WHEREAS, at said public hearing, upon hearing and considering all testimony a1 19 factors relating to CUP 184(B). 20 arguments, if any, of all persons desiring to be heard, said Cornmission considered i 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission oft 22 /I City of Carlsbad as follows: 23 24 25 26 27 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissil APPROiES CUP 184(B), based on the following findings and subject to t following conditions: .... 28 11 .... .k I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Findings: 1. That the requested use is necessary or desirable for the development of the commUn;ty, is essentially ;1 harmony with the various elements and objectives d the general plan, and is not detrimental to existing uses or to uses specificallj permitted in the zone in which the proposed use is to be located because thc expansion of the facility will improve service to cablevision customers withoui disrupting the objectives of the General Plan nor jeopardizing the health, safety and welfare of nearby residences; 2. That the site for the intended use is adequate in size and shape to accommodate the use since the additional satellite dishes and building expansion are confinec within the perimeter fence surrounding the existing facility; 3. 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 th neighborhood will be provided and maintained as the berm located between &I facility and residences adequately screens the additional satellite dishes ani building and all required setbacks are provided; 4. That the unpaved road serving the tower, building, and satellite dishes is adequatl to properly handle all traffic generated by the proposed use. 5. That the elevation of the site, along with the location, will give prop transmitting capability to the City of Carkbad. 6. Unless otherwise stated in this resolution, all conditions of approval of CUP 18 and 184(A) have been found to be adequate and have been incorporated into thi resolution so that this resolution contains all the findings and conditions o approval for this communications facility use. l8 11 7. This project is consistent with the Citfs Growth Management Ordinance as it ha 19 ll been conditioned to comply with any requirement approved as part of the LOG -~ 20 Ii Facrities Management Plan for Zone 15. 21 22 23 24 8. The applicant is by condition, required to pay any increase in public facility fel or new construction tax, or development fees, and has agreed to abide by ar additional requirements established by a Local Facilities Management Pla prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wj ensure continued availability of public facilities and will mitigate any cumulatir impacts created by the project. 25 I 9. This project will not cause any significant environmental impacts and a Negatir Declaration has been issued by the Planning Director on February 13, 1992 ar 26 approved by the Planning Commission on April 1, 1992. In approving th Negative Declaration the Planning Commission has considered the initial study, tl. 27 28 I/ PC RES0 NO. 3377 -2- & 0 0 staff analysis, all required mitigation measures and any written comments receivc 1 regarding the significant effects this project could have on the environment. 2 1. Approval is granted for CUP 184(B), as shown on Exhibit "A", dated April 1,199 3 Conditions: 4 incorporated by reference and on file in the Planning Department. Developme: shall occur substantially as shown unless otherwise noted in these conditions. AI 5 alterations to Exhibit "A", dated April 1,1992, shall require an amendment to CZ - 1WB) ci II 7 a 9 10 11 12 13 14 15 16 19 18 19 20 21 22 23 24 25 26 27 28 2. The conditions of Planning Commission Resolution No. 3045 for CUP 184(A dated August 15,1990, and Planning Commission Resolution No. 1731 for Cl 184, dated December IO, 1980, on file LI the Planning Department a incorporated herein except for Conditions No. 1, 2, 5, and 6 of Planni~ Commission Resolution No. 1731, and Conditions No. 1, 2, and 3 of Planni~ Commission Resolution No. 3045 which are either replaced by or deleted hm tl conditions of this resolution. 3. The developer shall provide the City with a reproducible 24" x 36", mylar copy the site plan as approved by the Planning Commission. The site plan shall refle the conditions of approval by the City. The plan copy shall be submitted to tl Planning Director prior to issuance of building permits. 4. This project is also approved under the express condition that the applicant p: the public facilities fee adopted by the City Council on July 28, 1987 and i amended from time to time, and any development fees established by the Ci Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or 0th' ordinance adopted to implement a growth management system or facilities a1 improvement plan and to fulfill the subdivider's agreement to pay the pub1 facilities fee dated November 20, 1991, a copy of which is on file with the Ci Clerk and is incorporated by this reference. If the fees are not paid this applicatic will not be consistent with the General Plan and approval for this project will 1 void. 5. This project shall comply with all conditions and mitigation measures which m; be required as part of the Zone 15 Local Facilities Management Plan and a] amendments made to that Plan prior to the issuance of building permits. 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 dthout the condition complies wlth all reqdrernents of law. I PC RES0 NO. 3377 .3 - * 0 0 7. Approval of this request shall not excuse compliance with all sections of the 1 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 2 3 4 8. 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. 9. This conditional use permit is granted for a period of 5 years. This conditional use 5 permit shall be reviewed by the Planning Director on a yearly basis to determine if dl conditions of this permit have been met and that the use does not have a 7 welfare. If the Planning Director determines that the use has such significant 8 Commission, after providing the permittee the opportunity to be heard, ad( 9 be revoked at any time after a public hearing, if it is found that the use has : 11 extended for a reasonable period of time not to exceed 5 years upon writter 12 date. In granting such extension, the Planning Commission shall find that nl 6 significant detrimental impact on surrounding properties or the public health and adverse impacts, the Planning Director shall recommend that the Plannini additional conditions to mitigate the significant adverse impacts. This permit ma! significant detrimental affect on surrounding land uses and the public’s health an( welfare, or the conditions imposed herein have not been met. This permit may bt application of the permittee made no less than 90 days prior to the expiratio1 substantial adverse affect on surrounding land uses or the public’s health an 13 welfare will result because of the continuation of the permitted use. If 14 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 fo 15 a conditional use perrnit. There is no limit to the number of extensions th 16 17 18 10 Planning Commission may grant. 10. No satellite dishes or any other structures shall be constructed on any easema without the permission of those parties holding the easement. 11. No signs or signage/logos of any kind are allowed on the site, or the relay towe 19 tower, the one dish on the 40 foot high towery and 7 dishes located at grow 23. or on any of the existing or proposed satellite dishes. 2o 12. Any satellite dish proposed in addition to the 14 dishes on the 160 foot hi8 levely shall require an amendment to CUP 184(B). 22 2311 Fire: 24 25 26 27 the Cablevision facility and residences to the east. Such removal shall 13. Prior to the issuance of building permits, complete building phs shall submitted to and approved by the Fire Department. 14. Prior to construction the applicant shall remove any dead brush located betwe monitored and administered by the Fire Department. 28 I1 11 PC RES0 NO. 3377 -4- /I - \ I! 0 0 15. The applicant shall maintain under the Fire Department's discretion, an existin 10 foot wide fire break adjacent to the rear property lines of residential prope!rtic located at 2085,2083,2081,2077,2075,2071, and 2069 Sequoia Street in th 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin 3 City of Vita. 4 5 Commission of the City of Carlsbad, California, held on the 1st day of April, 1992, by tk following vote, to wit: 6 7 8 9 10 11 12 13 14 15 AYES: Chairman Erwin, Commissioners: Schlehuber, Schramr Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~ I 16 17 18 19 PLANNING DIRECTOR MICHAEL J. HOYZMILMR 20 21 22 23 24 25 I/ 26 27 28 PC RES0 NO. 3377 -5-