HomeMy WebLinkAbout1988-06-14; City Council; 9473; Zoning Ordinance - Satellite Antennasal g I b
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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.
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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
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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.
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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-
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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
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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-
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o EXHIBIT "A"
APRIL 28, 1988
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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.
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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)
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ORDINANCE NO. -2-
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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.
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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:
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MmR PLANNING DIRECTOR
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PC RES0 NO. 2726 -2-
EXHIBIT "
2075 LAS PAL
CARLSBAD, CALIF(
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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?
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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,
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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?
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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?
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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?
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- 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 :
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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)?
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- 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.
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- 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
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DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued)
Comfortable in issuing a Negative Declaration.
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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
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slzcsi36 &.ICs kQ\Ld,&
Date dignakure
V. MITIGATING MEASURES (If Applicable)
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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
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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
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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