HomeMy WebLinkAbout1995-08-02; Planning Commission; Resolution 3784I
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PLANNING COMMISSION RESOLUTION NO. 3784
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-07
TO ALLOW ADDITIONAL ANTENNAE ON AN EXISTING
TOWER ON PROPERTY GENERALLY LOCATED EAST OF
SUNNY CREEK ROAD BETWEEN SEQUOIA CREST AND
SQUIRES DAM. CASE NAME: SQUIRES DAM COMMUNICATIONS SITE
CASE NO: CUP 87-07(B)
WHEREAS, a verified application has been filed with the City of C
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Con
Use Permit Amendment as provided by Chapter 21.42 of the Carlsbad Municipal Cc
WHEREAS, pursuant to the provisions of the Municipal Code, the E
Commission did, on the 2nd day of August, 1995, hold a duly noticed public he,
consider said application on property described as:
Portion of Lot C of Rancho Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, according
to Map No. 823 filed in the office of the County Recorder of
San Diego, November 16, 1896.
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission consid
factors relating to CUP 87-07(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission 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 Con
APPROVES CUP 87-07(B), based on the following findings and subjec
following conditions:
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Findings:
1. The Planning Director has found that, based on the EIA Part-11, this Sut
Project was described in the MEIR 93-01 as within its scope; AND there w
additional significant effect, not analyzed therein; AND that no new or ac
mitigation measures or alternatives are required; AND that therefore this Sut
Project is within the scope of the prior EIR, and no new environmental dc
nor Public Resources Code 21081 findings are required.
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2. The Planning Commission finds that the project, as conditioned herej
conformance with the Land Use Element of the City’s General Plan, basec
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a. The City has previously determined, through the approval of CUP 87
the presence of the communications tower and related structures is cc
with the General Plan. The provision of additional antennae on this
tower will continue to be consistent with the originally approved us( j
12 3. The project is consistent with the City-Wide Facilities and Improvements 1
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applicable local facilities management plan, and all City public facility poli
ordinances since:
a. All necessary public improvements have been provided or are req
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4. That the requested use is necessary or desirable for the developmen1
community in that there has been a dramatic increase in the demand for
telephones; is essentially in harmony with the various elements and objectivl
General Plan in that the General Plan and zoning allows the location of r;
television antennae towers in the OS designation and zone; and is not det
to existing uses specifically permitted in the zone in which the use is locatec
the tower is an existing use and the addition of more antennae will
compatible with surrounding uses.
5. That the site for the use is adequate in size and shape to accommodate th
that the requested addition of more antennae to the existing tower will re
additional area.
6. That all the yards, setbacks, walls, fences, landscaping, and other features m
to adjust the use to existing or permitted future uses in the neighborhood 1
provided and will be maintained, in that the tower and related struct
enclosed in a chain link fence which will continue to be maintained. No ac
features will be required by the addition of more antennae.
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7. That the street system serving the use is adequate to properly handle a
generated by the use, in that the only street system required is the existir;
PC RES0 3784 2
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road to the site, and this road will continue to be maintained. No t~
generated by the existing use, and no traffic will be generated by the add
more antennae.
Conditions:
I. The conditions of approval contained herein supersede those contained in P
Commission Resolution No. 3334 dated February 19, 1992.
2. The Planning Commission does hereby approve the Conditional Use
Amendment for the additional antennae project entitled “Squire,
Communications Site”, dated August 2, 1995, (Exhibits “A” - “B”) on filc
Planning Department and incorporated by this reference), subject to the co
herein set forth. Staff is authorized and directed to make or require the Dc
to make all corrections and modifications to the documents, as necessary 1
them internally consistent and conform to Planning Commission’s final actio
Project. Development shall occur substantially as shown on the approved (
Any proposed development substantially different from this approval, shall
an amendment to this approval.
3. If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tl
implemented and maintained according to their terms, the City shall have t
to revoke or modify all approvals herein granted, deny or further condition j
of all future building permits, deny, revoke or further condition all certifi
occupancy issued under the authority of approvals herein granted, instit
prosecute litigation to compel their compliance with said conditions or seek (
for their violation. No vested rights are gained by Developer or a succ
interest by the City’s approval of this Resolution.
4. This Conditional Use Permit is granted until June 15, 1999, to coincide 7
expiration of the lease. This Conditional Use Permit shall be reviewed
Planning Director on a yearly basis to determine if all conditions of this pen
been met and that the use does not have a Substantial negative effect on surr
properties or the public health and welfare. If the Planning Director determi
the use has such Substantial negative effects, the Planning Director shall recc
that the Planning Commission, after providing the permittee the opportuni
heard, add additional conditions to reduce or eliminate the Substantial 1
effects. This permit may be revoked at any time after a public hearing, if it
that the use has a Substantial detrimental effect on surrounding land uses
public’s health and welfare, or the conditions imposed herein have not be
This permit may be extended for a reasonable period of time not to exceed
years upon written application of the permittee made no less than 90 days
the expiration date. The Planning Commission may not grant such extensiol
it finds that there are no substantia] negative effects on surrounding land usz
public’s health and welfare. If a substantial negative effect on surrounding 1;
PC RES0 3784 3
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or the public’s health and welfare is found, the extension shall be denied or
with conditions which will eliminate or substantially reduce such effects. Thc
limit to the number of extensions the Planning Commission may grant.
5. The Developer shall report, in writing, to the Planning Director within 30 d
address change from that which is shown on the conditional use permit app
6 No outdoor storage of material shall occur onsite unless required by the Fir(
In such instance a storage plan will be submitted for approval by the Fire C1
the Planning Director.
7. The applicant shall maintain a six-foot high chain link fence around ’
perimeter.
8. The applicant shall maintain a beacon light at the top of the tower as reql
the FAA and the FCC.
9. No signs or signage/logos of any kind are allowed on the site, or on the
tower, or on any of the existing or proposed antennae.
10. The maximum number of antennae allowed on this tower shall be fifty-six (:
shall consist of a maximum of 30 directional (panel) antennae, a maxim1
omni-directional (whip) antennae, and a maximum of 20 digital (dish) an
These dishes may have varying locations on the tower as needed to perfor
functions. However, the dish antennae may be placed on the tower at a hc
lower than 55 feet on centerline from the ground. No antennae beyond this I
are allowed without a CUP amendment.
11. All maintenance of the site is to be performed during daylight hours only, e:
the case of an emergency.
Code Reminders:
This Project is subject to all applicable provisions of local ordinances, including
limited to, the following code requirements:
12. Approval of this request shall not excuse compliance with all applicable sed
the Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance, except as otherwise specifically provide herein.
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PC RES0 3784 4
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 2nd day of 1
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Nielsen and Sa.
NOES: Commissioners Erwin and Monroy.
ABSENT: Commissioner Noble.
ABSTAIN: Commissioner Compas.
.d d&
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
A'ITEST
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PLANNING DIRECTOR
PC RES0 3784
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