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HomeMy WebLinkAbout1988-06-14; City Council; 9473; Zoning Ordinance - Satellite Antennasal g I b (d 4 .r( a a Q 0 V PC: V \ co * .. 2 0 9 O% d 3 CE co l-i \ Q 6 s a z 3 0 0 ENVIRONMENTAL REVIEW The Planning Director has determined that this project wi cause any significant impacts and, therefore, has is$ Negative Declaration on March 30, 1988. This determinati based on a number of factors. The proposed amendment create additional environmental review and would Cree adverse environmental impacts itself. In addition, no cc were received during the public notice period for the NE Declaration. The Planning Commission agreed with the PI Director’s determination and on April 20, 1988 ay Resolution No. 2726 recommending approval of the NE Declaration. L. e 0 Page 2 of Agenda Bill No. 9q73 FISCAL IMPACT No direct fiscal impacts are anticipated. EXHIBITS 1. Ordinance No. /vs- 19 2. Planning Commission Resolution Nos. 2717 & 2726 3. Excerpt from Planning Commission minutes dated 4. Staff Report dated April 20, 1988 April 20, 1988 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 e * ORDINANCE NO. NS-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.42. (CONDITIONAL USES) OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 21.42.010(6) (G) AND CHAPTER 21.53 (USES GENERALLY) BY ADDING SECTION 21.53.130(E)(3)(A) TO ALLOW MORE THAN ONE SATELLITE ANTENNA PER USE IN THE INDUSTRIAL (PM, CM, M) ZONES WITH A CONDITIONAL USE PERMIT. The City Council of the City of Carlsbad, Cal does ordain as follows: Section 1: That Title 21, Chapter 42, Carlsbad Municipal Code is amended by the addition of 21.42.010(6) (G), "(6) (G) More than one satellite antenna E subject to limitations found in S 21.53.130(e) (3) (Uses Generally) .I1 Section 2: That Title 21, Chapter 53, Carlsbad Municipal Code is amended by the addition of 21.53.130(e) (3) (A) to read as follows: "(e) (3) (A). In the PM, CM, and M zones, more I satellite antenna per use may be permitted conditional use permit. Installation of said i shall comply with subsections 21.53.130(e) 21.53.130(e) (2) listed above.tt EFFECTIVE DATE: This ordinance shall be e: thirty days after its adoption, and the City Cler certify to the adoption of this ordinance and cause j published at least once in the Carlsbad Journal within days after its adoption. *** *** , 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 0 a INTRODUCED AND FIRST READ at a regular meeting c Carlsbad City Council held on the 14th day of AnP 1988, and thereafter PASSED AND ADOPTED at a regular meeting of saic Council held on 91St day of Tiine , 1988, I: following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Mamaux, Pettine & ATTEST : -A@L ALETHA L. RAUTENKRANZ, City \Clerk (SEAL) ORDINANCE NO. NS-19 -2- 1 2 3 4 5 6 7 8 9 lo 'I. 12 l3 I* l5 16 1' l8 I' 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 2717 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTERS 21.42 (CONDITIONAL USES) AND 21.53 (USES GENERALLY), OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTIONS 21,42.010(6) (G) AND 21.53.130(E) (3) (A) TO ALLOW MORE THAN ONE SATELLITE ANTENNA PER USE IN THE INDUSTRIAL (PM, CM, M) ZONES WITH A CONDITIONAL USE PERMIT. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 88-2 WHEREAS, the Planning Commission did on the 20th April, 1988, hold a duly noticed public hearing as presci law to consider said request: and WHEREAS, at said public hearing, upon hear. considering all testimony and arguments, if any, of all desiring to be heard, said Commission considered all relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public 1 the Commission recommends APPROVAL of ZCA 88-2, accoi Exhibit rrArr, dated April 20, 1988, attached hereto i a part hereof, based on the following findings. Findinss : 1. Allowing more than one satellite television dish ante use in the PM, CM, and M zones will provide a dc service to the community. 2. Allowing more than one satellite television dish antt use in the PM, CM, and M zones can be effectively rt by the conditional use permit process to assure that impacts relating to incompatible land use do not oca //// +. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 I’ 20 21 22 23 24 25 26 27 28 e 0 3. This project will not cause any significant envir impacts, and a Negative Declaration has been issue( Planning Director on January 13, 1988 and recommei approval by the Planning Commission on April 20, 198 PASSED, APPROVED, AND ADOPTED at a regular met the Planning Commission of the City of Carlsbad, Cal held on the 20th day of April, 1988, by the following 7 wit: AYES : Commissioners: Marcus, McBane, Hall, NOES : None. ABSENT: Chairman McFadden & Commissioner Holmes ABSTAIN: None. and Schlehuber. CARLSBAD PLANNING COMMISS ATTEST: v MICHAEL J. HOLZMILMR Planning Director PC RES0 NO. 2717 -2- 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 o EXHIBIT "A" APRIL 28, 1988 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.42. (CONDITIONAL USES) OF THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 21.42.010(6) (G) AND CHAPTER 21.53 (USES GENERALLY) BY ADDING SECTION 21.53.130(E)(3)(A) TO ALLOW MORE THAN ONE SATELLITE ANTENNA PER USE IN THE INDUSTRIAL (PM, CM, M) ZONES WITH A CONDITIONAL USE PERMIT. The City Council of the City of Carlsbad, Cali does ordain as follows: Section 1: That Title 21, Chapter 42, o Carlsbad Municipal Code is amended by the addition of S 21.42.010(6) (G), "(6)(G) More than one satellite antenna pe subject to limitations found in Se 21.53.130(e) (3) (Uses Generally) .I9 Section 2: That Title 21, Chapter 53, o Carlsbad Municipal Code is amended by the addition of S 21.53.130(e) (3) (A) to read as follows: "(e) (3) (A). In the PM, CM, and M zones, more th satellite antenna per use may be permitted P conditional use permit. Installation of said an shall comply with subsections 21.53.130(e)(l 21.53.130(e) (2) listed above." EFFECTIVE DATE: This ordinance shall be eff thirty days after its adoption, and the City Clerk certify to the adoption of this ordinance and cause it published at least once in the Carlsbad Journal within f days after its adoption. *** ... 1 2 3 4 !5 6 7 8 9 10 11 12 13 14 15 16 17 0 0 INTRODUCED AND FIRST READ at a regular meeting c Carlsbad City Council held on the day of 1988, and thereafter PASSED AND ADOPTED at a regular meeting of sair Council held on day of , 1988, 1 following vote, to wit: AYES: NOES : ABSENT : CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 19 l8 20 21 22 23 24 25 26 27 28 I ORDINANCE NO. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 e e PLANNING COMMISSION RESOLUTION NO. 2726 A RESOLUTION OF THE PLANNING COMMISSION OF TI DECLARATION FOR A ZONE CODE AMENDMENT TO ALLC MORE THAN ONE SATELLITE TELEVISION ANTENNA PER U5 IN THE PLANNED INDUSTRIAL (P-M), HEAVY COMMERCIA1 LIMITED INDUSTRIAL (C-M), AND INDUSTRIAL (M) ZONE WITH A CONDITIONAL USE PERMIT. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 88-2 CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATI', WHEREAS, the Planning Commission did on the 20th April, 1988, hold a duly noticed public hearing as presc law to consider said request, and WHEREAS, at said public hearing, upon hear: considering all testimony and arguments, examining the study, analyzing the information submitted by sta considering any written comments received, the Commission considered all factors relating to the Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 Commission as follows: B) That based on the evidence presented at the public 1 the Planning Commission hereby recommends APPROVAL Negative Declaration according to Exhibit "NDV1 , datc 1, 1988, and Exhibit l'PII1l, dated March 28, 1988, i: hereto and made a part hereof, based on the fc findings: Findinss: The initial study shows that there is no subs evidence that the project may have a significant on the environment. The proposed zone code amendment is administral nature and will have no environmental impacts. '* 2- 1 2 3 4 5 6 7 8 9 10 11 I' 13 x* 15 16 17 18 e e 3. The proposed zone code amendment will not autho. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, the 20th day of April, 1988, by the following vote, to b AYES : Commissioners: Marcus, McBane, Hall, Schr; type of development. Schlehuber. NOES : None. ABSENT: Chairman McFadden & Commissioner Holmes. ABSTAIN: None. CARLSBAD PLANNING COMMISSI ATTEST: *( -\ a. MmR PLANNING DIRECTOR I 19 20 21 22 23 24 25 26 27 28 1 PC RES0 NO. 2726 -2- EXHIBIT " 2075 LAS PAL CARLSBAD, CALIF( 0 0 PLANNING DEPARTMENT (619) 431 &itp of darlsbab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: Amendment to the Zoning Ordinanc allows more than one satellite television antenna per use Planned Industrial (P-M), Heavy Commercial-Limited Pndustr M), and Industrial (M) zones with a conditional use permit The City of Carlsbad has conducted an environmental review above described project pursuant to the Guidelh Implementation of the California Environmental Quality 2 the Environmental Protection Ordinance of the City of Ca As a result of said review, a Negative Declaration (decl that the project will not have a significant impact environment) is hereby issued for the subject p Justification for this action is on file in the P Department. A copy of the Negative Declaration with supportive docum1 on file in the Planning Department, 2075 Las Palmas Carlsbad, California 92009. Comments from the pub1 invited. Please submit comments in writing to the P Department within ten (10) days of date of issuance. DATED: April 1, 1988 CASE NO: ZCA 88-2 Planning Director APPLICANT: CITY OF CARLSBAD PUBLISH DATE: April 1, 1988 MICHAEL J. XOLZMLLER EAHltrlI ''I- 0 o ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 88-2 DATE : March 25, 191 I. BACKGROUND 1. APPLICANT: City of Carlsbad 2. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drj Carlsbad, California 92008 (619) 438-1161 3. DATE CHECK LIST SUBMITTED: March 25, 1988 11. ENVIRONMENTAL IMPACTS (Explanations of all Affirmative Answers are to be written under Section I11 - Discussion of Environmental Evaluation) - YES MAY BE 1. Earth - Will the proposal have significant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering of modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake? 0 0 YES MAY BE - 2. Air - Will the proposal have significant results in: a. Air emissions or deterioration b. The creation of objectionable c. Alteration of air movement, of ambient air quality? - - odors? moisture or temperature, or any change in climate, either locally or regionally? 3. Water - Will the proposal have significant results in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? drainage patters, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? b. Changes in absorption rates, -2- 0 0 YES MAY BE - 4. Plant Life - Will the proposal have significant results in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Animal Life - Will the proposal have significant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise - Will the proposal significantly increase existing noise levels? Liaht and Glare - Will the proposal sig- nificantly produce new light or glare? Land Use - Will the proposal have significant results in the alteration of the present or planned land use of an area? 5. 6. 7. 8. -3- 0 0 YES MAY BE - 9. Natural Resources - Will the proposal have significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? Risk of Upset - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Powlation - will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area? Housinq - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing? 13. TransPortation/Circulation - Will the proposal have significant results in: a. Generation of additional vehicular movement? 10. 11. 12. b. Effects on existing parking facili- c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? air traffic? ties, or demand for new parking? e. Alterations to waterborne, rail or f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? -4- 0 0 - YES MAY BE 14. Public Services - Will the proposal have a significant effect upon, or have signif- icant results in the need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational e. Maintenance of public facilities, f. Other governmental services? facilities? including roads? 15. Enerav - Will the proposal have significant results in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or require the development of new sources of energy? Utilities - Will the proposal have significant results in the need for new systems, or alterations to the following uti1 it ies : 16. a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health - Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)? -5- 0 e - YES MAY BE 18. Aesthetics - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically offensive public view? Recreation - Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? 20. Archeolosical/Historical - Will the proposal have significant results in the alteration of a significant archeological or historical site, structure, object or building? Analyze viable alternatives to the DroDosed Droiect such as a) Phased development of the project, b) alternate site des c) alternate scale of development, d) alternate uses for th e) development at some future time rather than now, f) alte nate sites for the proposed, and g) no project alternative. Not applicable. The proposed Zone Code Amendment does not author specific development. It establishes standards and guidelines whic be utilized by future projects when they develop. 19. 21. -6- * 0 - YES MAY BE 22. Mandatorv f indinas of sianificance - a. Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environment? b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant,) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 111. DISCUSSION OF ENVIRONMENTAL EVALUATION This project consists of a zone code amendment which will allow mor one satellite television antenna per use on lots zones with a conditional use permit. A previous Negative Declarati issued on January 13, Upon further consideration, it was decided that the C-M zone would a appropriate for this use. A zone code amendment establishes standards for future development such, they should not have any adverse effects on the environment. This zone code amendment will require future satellite television ani to apply for a conditional use permit. At such time, each project undergo a complete environmental assessment, This zone code amendment does not approve any specific developmen should not have any impact on the environment, Therefore, the City in the Pm, CM, 1988, to allow this in only the PM and M -7- e e DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) Comfortable in issuing a Negative Declaration. -a- e e IV. DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effec the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signific effect on the environment, there will not be a significant effc this case because the mitigation measures described on an attat sheet have been added to the project. Declaration will be proposed. I find the proposed project MAY have a significant effect on tl environment, and an ENVIRONMENTAL IMPACT REPORT is required. X A Conditional Negative 1 slzcsi36 &.ICs kQ\Ld,& Date dignakure V. MITIGATING MEASURES (If Applicable) -9- 0 @ VI. APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING 1 AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT 3i2gigs 1 J ! Li:,., I i)*m &j,> d ., 'signature ( Date -10- April 20, 1988 PLANNING COMMISSION Page 3 Commissioner Schlehuber inquired about the adequacy of the driveway entrance, both in and out, being directly at the intersection. Mr. Cahill introduced Don Iler the project architect from Danielson Design Group, San Juan Capistrano. Mr. Iler explained that after much discussion with the Fire Department, it was determined that this was the best location for the driveway primarily because the intersection provides good visibility control at three points and there is a good turning radius. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2725 approving the Negative Declaration issued by the Planning Director and adopt Resolution No. 2721 approving CUP 88-6 based on the findings and subject to the conditions contained therein. 3) ZCA 88-5 CITY OF CARLSBAD - Requmst to amend the Zoning Ordinance (Section 21.44.060) regarding the parking of recreational vehicles in the front yard setback in residential zones. Charles Grimm. Assistant Planning Director, reported that this item has been withdrawn and no action is required. 4) ZCA 88-2 Ordinance that allows more than one satellite television antenna per use in the Planned Industrial (P-M), Heavy Comercial-Limited (C-H), and Industrial (M) Zones with a Conditional Use Permit. CITY OF CARLSBAD - An Amendment to the Zoning Mike Howes, Senior Planner, reviewed the background of the request and stated that in December 1986 the Planning Commission approved Resolution of Intention No. 178 directing staff to prepare a Zone Code Amendment addressing satellite television antennas in the industrial (PM, CM, M) zones. The proposed Zone Code Amendment would allow more than one satellite television antenna per use, with a conditional use permit, in the three industrial zones of the City. The existing ordinance only allows one satellite television antenna per use and Staff feels that there may be some instances where a particular use may require more than one satellite television dish antenna. applicants to comply with Section 21.53.130(e)( 3)(a) which regulates the installation of satellite television antennas in the commercial and industrial zones. Staff feels that the conditional use process and the size of the lots in the industrial zones, along with the findings required for a conditional use permit, will ensure that the satellite television antenna will not adversely impact adjacent uses. Commissioner Schlehuber inquired if the zone code amendment applied to satellite television antennas or to other types of satellite antennas. Mr. Howes replied that Section 21.53.130(e)(3)(a) only deals with satellite television antennas. Commissioner Schranrm inquired if the findings should be referring to satellite dish should indicate television. Mr. Howes replied that it should. Vice-chairman Hall declared the public hearing open and issued the invitation to speak. It would be necessary for COMMlSSlONEh Hall Marcus McBane Schlehubc Schrannn April 20. 1988 PLANNING COMMISSION Page 4 There being no persons desiring to address the Commission on this topic, Vice-chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Comissioner Schlehuber has no problem with the request and can support it. Commissioners Marcus and Schramm concurred. Commissioner McBane can support the mendmant but would like to see the definition of television antenna broadened. Motion was duly made, seconded, and carried to adopt Resolution No. 2726 recommending approval of the Negative Declaration issued by the Planning Director and adopt Resolution No. 2717, recommending approval of ZCA 88-2, amending Findings /1 and 112 to read "satellite television dish antenna" in lieu of "satellite dish," based on the findings contained therein. 5) ZCA 88-4 CITY OF CARLSBAI) - An Amendment to the Zoning Ordinance to eliminate Chapter 21.14, R-3L Zone, Chapter 21.23, RD-H Zone, and Chapter 21.25, C-LR Zone. Mike Howes, Senior Planner, reviewed the background of the request and stated that the proposed Zone Code Amendment will eliminate three zones from Title 21 of the Carlsbad Municipal Code: 1) Chapter 21.14, R-3L Limited Multiple Family Residential Zone, 2) Chapter 21.23, RD-H Residential Density High Zone, and 3) Chapter 21.25, C-LR Commercial-Limited Residential Zone. The C-LR and R-3L Zones have never been utilized. The RD-H Zone is the implementing zone for the RVH General Plan designation which has been eliminated. Only three small projects were approved with this zoning and density. Of the three, only two were built. Staff recormnends approval since they feel that these zones are superfluous to the zoning ordinance and are not needed at the present time . Commissioner Marcus called attention to an error on page one of the staff report referring to the RD-H Zone which should read Chapter 21.23 instead of Chapter 21.25. Commissioner Marcus inquired where the three small projects with RD-H zoning were located. Mr. Howes replied that they were located at the corner of Harding and Oak, another at the intersection of Pina and Washington near the railroad tracks, and the third was located on Harding near the ball fields. Vice-chairman Hall declared the public hearing open and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Vice-chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to adopt Resolution No. 2728 recommending approval of the Negative Declaration issued by the Planning Director and adopt Resolution No. 2715 recommending approval of ZCA 88-4. DISCUSSION ITPIS: 6) PCD 87-2 HOEHN MOTORS - Request of a Planning Cotmission Determination for the construction of an I COMMISSION Hall Marcu McBani Schlel Schrar Hall Marcu McBan Schle Schra m e f--$ STAFF REPORT DATE : APRIL 20, 1988 6 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 88-2 CITY OF CARLSBAD - An Amendment to the Ordinance that allows more than one satt television antenna per use in the Planned Indu (P-M), Heavy Commercial-Limited Industrial (C-M) Industrial (M) Zones with a Conditional Use Permi. I. RECO-NDATION That the Planning Commission adopt Resolution No. recommending APPROVAL of the Negative Declaration issued 1 Planning Director and ADOPT Resolution No. 2717, recommc APPROVAL of ZCA 88-2, based on the findings contained there 11. BACKGROUND AND DISCUSSION On December 17, 1986, the Planning Commission approved Reso of Intention No. 178 directing staff to prepare a zone amendment addressing satellite television antennas i1 industrial (PM,CM, M) zones. The proposed zone code amei would allow more than one satellite television antenna PE with a conditional use permit in these zones. Satellite dishes are permitted in the industrial zones (St 21.53.130) subject to certain restrictions, one of which st; "No more than one satellite television antenna shall be permitted per lot provided, however, that additional antennas may be permitted by the Planning Director if there is more than one use on a lot which cannot feasibly be served by a single antenna." The intent of the ordinance is to allow individual uses commercial or industrial lot to apply for separate ai permits. Often, an industrial or commercial lot has thr four distinct businesses or uses on it. In those cases proposed ordinance would allow a separate antenna t considered for each use. The proposed zone code amendment would require addinc sections to the Zoning Ordinance. be added to the Conditional Uses section, and Sc 21.53.130(e) (3) (a) would be added to the Uses Generally sec Both additions would allow more than one satellite teleT antenna in the industrial (PM, CM, M) zones with a condil Section 21.42.010(6)(G) e 0 ZCA 88-2 PAGE 2 use permit. The conditional use permit will require prc projects to comply with the conditions of Section 21.53.1 which regulates the installation of satellite television ant in commercial and industrial zones. This process will pr for adequate review of future proposals and will also ensure proposed antennae will not adversely impact adjacent uses. The proposed zone code amendment is consistent with the intents, and purposes of both the PM, CM, and M zones. LC these zones are large enough to accommodate extra sate dishes. With greater distance between buildings and more available for screening, adverse visual impacts shoul minimal. The proposed amendment is particularly appropria the Palomar Airport Business Park where satellite recepti reportedly the best in the County. In conclusion, permitting more than one satellite dish per 1 the PM, CM, and M zones, if regulated properly, would prov desirable community service and would not create adverse in to neighboring uses. Therefore, staff recommends approval c 88-2. 111. ENVIRONMENTAL REVIEW The Planning Director has found that the proposed zone amendment will not have any significant impacts or environment and issued a Negative Declaration on March 30, The environmental analysis found that the proposed zone amendment is administrative in nature and will ha\ environmental impacts. The proposed zone code amendment permit more than one satellite dish per use in the PM, M, E zones upon approval of a conditional use permit. Det environmental review will be required when application: actually filed for conditional use permits. No comments received during the public notice period for the Ne? Declaration. ATTACHMENTS 1. Planning Commission Resolution No. 2717 2. Planning Commission Resolution No. 2726 3. Environmental Document 4. Planning Commission Resolution of Intention No. 178 WJD: dm 2/29/88 2075 LAS PALM CARLSBAD, CALIFOF 0 m (619) 438.’ PLANNING DEPARTMENT Citp of clCarlrsbab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: Amendment to the Zoning Ordinance allows more than one satellite television antenna per use j Planned Industrial (P-M), Heavy Commercial-Limited Industri; M), and Industrial (M) zones with a conditional use permit. The City of Carlsbad has conducted an environmental review c above described project pursuant to the Guidelines Implementation of the California Environmental Quality Ac the Environmental Protection Ordinance of the City of Carl As a result of said review, a Negative Declaration (declar that the project will not have a significant impact 01 environment) is hereby issued for the subject prc Justification for this action is on file in the Ple Department. A copy of the Negative Declaration with supportive documen on file in the Planning Department, 2075 Las Palmas I: Carlsbad, California 92009. Comments from the public invited. Please submit comments in writing to the Pla Department within ten (10) days of date of issuance. DATED: April 1, 1988 CASE NO: ZCA 88-2 Planning Director APPLICANT: CITY OF CARLSBAD PUBLISH DATE: April 1, 1988 MICHAEL J. T~OLZ~~LLER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION OF INTENTION NO. 171 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT' CARLSBAD DECLARING ITS INTENTION TO CONSIDER AN AM OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE. Pursuant to Section 21.52.020 of the Carlsbad Mu code the Planning Commission of the City of Carlsbad here declares its intention to consider an amendment of Title < Carlsbad Municipal Code to: Amend the provisions of Chapter 21.44 by the amei appropriate sections to 21.44.220 to permit more satellite television antenna per use on lots in and M zones. The Planning Director is directed to study said and after appropriate study set the matter for public hea before this Commission. PASSED, APPROVED AND ADOPTED at a regular meetin1 Planning Commission of the City of Carlsbad, California, 1 the 17th day of December, 1986, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners: Ha' Schramm, Marcus & McFadden. I NOES : None. ABSENT: Commissioners Holmes b McBane. ABSTAIN : None. I -@I=/. 9!LL!!f?d CLARENCE SCHLEHUBER, Chi CARLSBAD PLANNING COMMI! ATTEST: \ MICHAEL J. HOUZMILLEB) PLANNINti DIRECTOR 0 a Carlsbad Journal Decreed A Legal Newspoper by the Superior Court of Son Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above ent I am principal clerk of the printer of the Carlsbad Journal a newspaper of genera published twice weekly in the City of Carlsbad, County of San Diego, State of Californic newspaper is published for the dissemination of local newsand intelligence of a general ck which newspaper at all times herein mentioned had and still has a bona fide subscription I subscribers, and which newspaper has been established, printed and published at regula the said City of Carlsbad, Countyof San Diega, State of California, for a period exceeding c preceding the date of publication ( hereinafter referred to; and that t which the annexed is a printed coi published in each regular and entire newspaper and not in any supplemc the following dates, to-wit: NOTICE OF PUBLIC HEARING ZCA 88-2 NOTICE Is HEREBY GIVEN tirat June 3 .............................. the City Council of the CrtY Of Carls- bad will hold a public hearing at the city Council Chambers, 1200 i Elm Avenue, Carlsbad, California. at 8:OO P.M., on Tuesday,'June 14, 1888 to consider an amendment to the Zoning Ordinance that allO.wa more than one satellite television antenna per use in the planned In- dustrial (P-M), Heavy Commercial- Limited Industrial (C-M), and In- dusWal(M) Zones with acondition- a1 Use Permit. Ifyou have any questions, please call the Planning Department at 4381181. ............................. If YOU challenge the Zone Code Amendment in court, YOU may be limited to raising only those issues YOU or someone eke raised at the notice or in written correspon- dence delivered to the City OfCarls- bad city Clerk's Office at or pnorto the public hearing. Applicant City of Carlsbad CARLSBAD CITY COUNCIL CT 5171: June 3,1988 .............................. ............................. public hearing described in this ............................. I certify under penalty of perjury that the fore correct. Executed at Carlsbad, County of Sa California on -The3rd - day of - June, /?19@@/- Cle MY& #202-2M-12/87 . e NOTICE OF PUBLIC HEARING 0 ZCA 88-2 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at E on Tuesday, June 14, 1988, to consider an amendment to the Zoning Ordinance that more than one satellite television antenna per use in the Planned Industrial (P-Y Heavy Commercial-Limited Industrial (C-M), and Industrial (M) Zones with a Condit Use Permit. If you have any questions, please call the Planning Department at 438-1161. If you challenge the Zone Code Amendment in court, you may be limited to raising those issues you or someone else raised at the public hearing described in this 1 or in written correspondence delivered to the City of Carlsbad City Clerk's Offic or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : June 3, 1988 CARLSBAD CITY COUNCIL a mNOTICE OF PUBLIC HEARIN m NOTICE IS HEREBY GIVEN that the Planning Commission of the C of Carlsbad will hold a public hearing at the Council Chambe: 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesd, April 20, 1988, to consider approval of an amendment to ' Zoning Ordinance that allows more than one satellite televis antenna pes use in the Planned Industrial (P-M), Hel Commercial-Limited Industrial (C-M) , and Industrial (M) Zo with a Conditional Use Permit. Those persons wishing to speak on this proposal are cordia invited to attend the public hearing. If you have any questio please call the Planning Department at 438-1161. If you challenge the Zone Code Amendment in court, you may limited to raising only those issues you or someone else rai at the public hearing described in this notice or in writ correspondence delivered to the City of Carlsbad at or prior the public hearing. CASE FILE: ZCA 88-2 APPLICANT: CITY OF CARLSBAD PUBLISH : APRIL 8, 1988 . CITY OF CARLSBAD PLANNING COMMISSION .. i (Form A) a 4) -. TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST - Attached are the materials necessary for you to notice ZCA 88-2 - CITY OF CARLSBAD for a public hearing before the City Council. Please notice the item for the council meeting of \ ii JUNEY; 1988 Thank you. - Assistant City Man-- Date