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1990-08-15; Planning Commission; ; CUP 184A - SQUIRES COMMUNICATION ANTENNA
.. . . . DATE: TO: FROM: SUBJECT: I. - STAFF REPORT AUGUST 15, 1990 PLANNING COMMISSION PLANNING DEPARTMENT APPLICA ... ON COMPLETE DATE: May 7, 1990 CUP 184(A) -SQUIRES COMMUNICATION ANTENNA-Request for an amendment to a Conditional Use Permit to allow two additional satellite antennae and a 20 foot high fence for interference screening at the Squires Dam Facility. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3091 APPROVING the Negative Declaration and ADOPT Planning Commission Resolution No. 3045 APPROVING CUP 184(A), based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIP110N AND BACKGROUND On December 10, 1980, the Planning Commission approved CUP 184 (PC Resolution No. 1731) allowing the installation and operation of a 106 foot high cable television relay tower, two 16 foot diameter satellite antennae, and a 320 square foot equipment building. At that time, KKOS radio was operating a 300 foot high tower and a 500 square foot equipment building nearby. The use was deemed to be necessary and consistent with the General Plan because the cable television service fulfilled a community need and the unmanned facility was compatible with the surrounding land uses. The applicant is now requesting approval of two additional satellite antennae of 10 -and 15 feet in diameter and a 20 foot high fence along the western boundary of the site for interference screening. The additional antennae will enable the facility to receive signals from more satellites than currently possible, thus expanding the variety of service available to Cablevision's customers. The smaller satellite dish has already been installed as shown on Exlubit "A", dated June 20, 1990. The interference screening is needed to block out telephone transmissions from a Pacific Bell microwave facility that produces noise in the signals arriving from the relay satellites. Currently, a temporary screening composed of wire mesh is in place to facilitate uninterrupted reception of satellite signals. II. ANALYSIS Can the findings required for a Conditional Use Permit still be made with the proposed amendment? 1. Are the additional antennae and the interference screening necessary or desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed antennae and fencing are to be located? 0 ... CUP 184(A) -SQUIRES COMMUNICATION ANTENNA AUGUST 15, 1990 PAGE 2 2. Is the site adequate in size and shape to accommodate the additional antennae and interference screening? 3. Can all of the setbacks, walls, fences, landscaping, and other features necessary to adjust the requested antennae and screening to existing or permitted future uses in the neighborhood be provided and maintained? 4. Is the street system serving the relay facility adequate to properly handle the traffic generated by the proposed amendment? DISCUSSION 1. Is the proposed amendment desirable for the development of the community, in harmony with the various elements and objectives of the General Plan, and not detrimental to surroundings uses? The proposed amendment is desirable because the additional satellite receiving antennae will allow more signals to be relayed to the cable television customers in Carlsbad and the surrounding areas. In addition to providing more channels, the antennae will also allow a stronger signal to be received, thus increasing the quality of service. Quality of service is also the impetus behind the interference screening. Over the last few months, the signal from the relay satellites has been interrupted by microwave transmissions from a Pacific Bell telephone relay station. This interference has existed for some time, however, the problem has increased recently. Naval operations offshore have also been producing interference to the satellite receiving system but due to the intensity of these signals, very little can be done to eliminate their signal noise. This facility expansion and upgrade is also consistent with the General Plan in that it is developing "a system of public facilities adequate for the projected population." As discussed previously, one of the satellite antennae and some temporary interference screening are currently in place. No complaints have been received by Daniels Cablevision or the City regarding these additions to the facility. Because of the elevation difference between the adjacent residential neighborhood and the relay station, only a small portion of the existing satellite antennae are visible to the surrounding residents. Given the above, the proposed amendment is considered desirable and not detrimental. 2. Is the site adequate in size and shape? As shown on Exhibit "B", dated July 9, 1990, the proposed additions to the existing relay station can be located within the confines of the facility and, as such, the site is adequate in size and shape to accommodate the proposed amendment. 3. Can all features necessary be provided? As discussed in item #1 above, there is a berm which separates the facility from the adjacent residences. This berm serves to screen the equipment building and a majority of each of the satellite antennae from view. The towers are very visible, however, and unable to be fully screened. Because all structures are well within the required setbacks for the property and all possible screening is already existing, no additional walls, fences or any other features need to be provided. CUP 184(A) -SQUIRES COMMUNICATION ANTENNA AUGUST 15, 1990 PAGE 3 4. Is the street system adequate? Because the facility is unmanned and the additional antennae and interference screening will not produce any additional traffic, the street system is adequate to accommodate the amendment to the Conditional Use Permit. Conclusion In summary, the proposed additions to the facility will increase the quality and scope of cable television service for the community while not increasing the impact of the facility on the neighboring residents. The additions can be accommodated on the existing site without the need for increased area, additional features, or improvement of the street system. As such, staff recommends approval of the proposed amendment of CUP 184. IV. ENVIRONMENTAL REVIEW Based upon several site visits, staff has concluded that no sensitive resources exist on the previously disturbed site. There are no conflicts with land use as this is a minor expansion of an existing facility and the visual impacts of this expansion are not considered significant because of the varied topography in the area. In accordance with the above, the Planning Director determined that the additional satellite antennae and interference screening could not have a significant effect on the environment and, therefore, a Negative Declaration was issued on July 16, 1990. ATTACHMENTS 1. Planning Commission Resolution No. 3091 2. Planning Commission Resolution No. 3045 3. Location Map 4. Planning Commission Resolution No. 1731 5. Background Data Sheet 6. Disclosure Statement 7. Exhibits "A"-"B", dated July 9, 1990 (previously distributed) May 8, 1990 MG:rvo CARLSBAD I ••• . ~ -~ • • I • • • • • I : OCEANSIDE ./ \ I • ' PROJECT LOCATION : : •, I I I a ····················-VISTA ~--....1J11"". ;;.-•·: CARLSBAD I QUIRE~ I • • I I I I I • • ------i ! I I I I I I I I I I I L .••...••• City of Carlsbad SQUIRES COMMUNICATION ANTENNA CUP 184(A) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 • • PLANNING COMMISSION RESOLUTION NO .• 1731 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDI- .TIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 160 1 HIGH COMMUNICATIONS ANTENNA ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST SIDE OF SQUIRES DAM RESER- VOIR. APPLICANT: CABLEVISION • CASE NO: CUP-184 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 10th day of December, 1980, hold a duly noticed public meeting to consider said application on property described as: Approximately 52 acres identified in File Page No. 141468, filed August 17, 1961. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons 18 • desiring to be heard, said Commission considered all factors 19 relating to CUP-184. 20 \ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ; 21 Commission of the City of Carlsbad as follows: 22 A) 23 B) 24 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CUP-184, based on the following findings and subject to the following conditions: 25 Findings: 26 l) 27 I 2a. Ill/ That the use is desirable to the development of the community and in harmony with the various elements and objectives of the general plan. APN 169-2~0-02 ~ -< ' l 2) 2 3) 3 4 4) 5 6 5) 7 8 • • That this CUP is not detrimental to existing surrounding uses or to uses specifically permitted in the zone. That the site is adequate in size and shape to accomodate the use and that since the facility is unmanned, minimal traffic impact is anticipated. That the elevation of the site, along with the location, will give proper transmitting capability to the city of Carlsbad. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 14, 1980 and approved by the Planning Commission on December 10, 1980. g Conditions 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) 2) 3) 4) 5) 6) Approval is granted for CUP-184 as shown on Exhibits A & B, dated October 27, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated October 23, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse complicance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 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. This Conditional Use Premit shall be reviewed by the Planning Director at the end of three years from the date of this resolution. At that time, if the Director determines that the continuation of this permit could adversely effect surrounding property or the public's welfare, the Director may bring the item back to the Planning Commission for review. Prior to the beginning of construction of the proposed facility, a 60' fire break or fuel break, as determined by the Fire Department shall be constructed. The required break shall be maintained by the applicant. PC Resol. #1731 -2- • • 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 Planning Commission of the City of Carlsbad, California, held 3 on the 10th day of December, 1980, by the following vote, 4 to wit: 5 6 7 8 9 AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, FRIESTEDT, 10 11 L'HEUREUX AND JOSE NOES: NONE ABSENT: NONE ABSTAIN: NONE 12 ATTEST: 17 18 19 20 21 22 23 24 25 26 27 28 PC RESOL. #1731 -3- , Chairman ANNING COMMISSION BACKGROUND DATA SHEET CASE NO: CUP 184(A) APPLICANT: DANIELS CABLEVISION REQUEST AND LOCATION: AMENDMENT TO ALLOW TWO ADDIDONAL SATELLITE ANTENNA AND A 20 FOOT HIGH INTERFERENCE SCREENING FENCE AT THE SQUIRES DAM FACILITY. LEGAL DESCRIPTION: PORTION OF LOT "C', MAP 823, RANCHO AGUA HEDIONDA CITY OF CARLSBAD. COUNTY OF SAN DIEGO. APN: 169-230-02 Acres 1.44 Proposed No. of Lots/Units __Q_ GENERAL PLAN AND ZONING Land Use Designation _O....,S-'--_ Density Allowed ______ 0 ____ Density Proposed -'0 ____ _ Existing Zone ...,;;R=--=-Aa:a..-=10---___ Proposed Zone R-A-10 Surrounding Zoning and Land Use: Zoning Land Use Site R-A-10 OS North OS OS South OS OS East R-A-10 OS West R-A-10 OS PUBLIC FACILIDES School District: CARLSBAD Water: CARLSBAD EDU's _Q_Public Facilities Fee Agreement, Date ...,;;N;.;.,/='A---__ ENVIRONMENTAL IMPACT ASSESSMENT Sewer: CARLSBAD ___ Negative declaration, issued __________________ _ ___ E.I.R. Certified, dated ____________________ _ Other, NOTICE OF EXEMPTION. DATED APRIL 10. 1990 ~ity of Carlsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 ' 2. Applicant List the names and addresses of all persons having a financial interest in the application. Daniels Cablevision, Inc. 5720 El CaIT'ino Peal Carlsbad, ca. 92008 Owner List the names and addresses of all persons having any ownership interest in the property involved. carJ sbac Iv:11n; ci pa J J~Nater Di std ct 5950 El Cam;ino Peal Carlsbad, ca. 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar. addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr.: interest in the partnership. BiJJ Daniels 5720 El carrir.o P§l carlsbad, ca. 92008 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar: addresses of any person serving as officer or director of the non-profit organization or as trustee or beneticiar of the trust. (Over) Disclosure Statement Page 2 s Have you had more than $250 worth of business transacted with any member of City staff, Sea~:::: Commissions. Committees and Council within the past twelve months? Yes _ No ~ If yes. please indicate person(s) ____________________ _ Person is defined as: 'Arry individual. firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust. receiver, syndicate, this and any other county, city and county, crty municipality, district or other political subdivision, or any other group or combination acting as a unit.• (NOTE: Attach additional pages as necessary.) Signature of pwn~/date Print or type name of owner Sijignalur:~f :: 'anUdate an:i C-.eneral ~•anager orizecl ~ent Print or type name of applicant :r, •, .. ., ' . . : ..... ' ... . .. ···, .. • .. ·.• • • ' • • i • f: ,,,, ,,.,i•',! ,·:-j ,:>• it,:: ' 1::.:.:: .: )'i ,,. LOT 21.23 AC. ;: 3 l .. 85AC. Oft. :rHli C.ARL$BAD Z.JtJ8.G8 I , 20.00AC. • ,---.,,<.1. • I ,., ,--__,~, .. . ~ "' I ,,r. ,J l-'------1:oDD------- I (1) 0 <C co V, _, 0::: 760-166-85 (as) 55.85"Ac. 760-166-12 -es :l.d7' AC -87 SQUIRES DAM ------·----- FAClLITY ;;./.J•2,•-u•w 'JI. 8 T --.. ., ,c:c ~ , • •• z so •r1, 11o·s-1•,. • 'liC) ,,,i· .. , . ., . . ". • • f a.• "' ,.o1-LI"'~ tiOif. ~t • t8f..S'9 lllJ,q' zl • ,, ~ .,;:::=.. .sec4 ~,1•-1,1~E @ '1'' ,,.~ ·~---=;~=:_:~,a,.•36",0!J.".~ 12 i0.63 · ·• • I .,1)1.:,,r S7-<.I+ ::,u• "' 0 • , ,5.90 • AC. , 3 • ,\ ., . - '1~,,-,o . (D · ..___...7 ~;-~~:~ ~ ~- u... 0 ~ --- • , ~ .'? • .. ,a ,I . 1s.cs • ' I . • 14-72 .2/ NS"• J'f '+ ,r"' ;s-. ,,; ,, ' ,.. -~ • !G :'\ I;) "' • i • ' . , @i ®i l .. @§ ©~ @~ ©~ •©~ @' ... e ,., =!.-_.,, ~ 1--,.'7 ,., 8 ,.. • m@ ©~ ~©• ©Ii .ti, .~ .. ~~-,i ' ~© ·©~ ~@ ©~ ©~ • -, :,II ., . .. 9: z ,© s ,.,~... . ~ " 4. 0 4: AC. c!l (/1 _j 0:: <! u It- '), '-i \I .. ' • l • -: ., ~ l H" ·- , .'O•& '-N 8J• J 7 '10 "4' )- t- u >-Q 0) NE. 3°l7'10' 277. 27 -.I 't V ' .. .... -= I::>>-~ I-~-u .._,,,, -.----- ~ ~gJ~I~'---~.~--~-~ ' 7(, 0 • 0 ZI:i:,' ,--------\ ,C' rY OF CARLSnAD PLAN'Wi-3 (;UMMISSlON eno ti. CMITIIO Rl<AI. C.W.,SeMl,CA. inoot 161$) 4llil"1'1111 ,, 'I ,. ' ,,r, '. ' ' ,•, .... 1 '·;.,,·i, '' -,-;') ' ,, L,'I ' ' ,, ,, ,, i, . I " ' .. ' ' ( I \ i. i ·--,._ - \ '<',___ - \ • ' ' -- I _, ( _, - J I I 1160 I I 11' J ELEv'ATION (yjwTE.~ \ I ' I I ' I I ' I ' I I I I 1~--- 11 ,c.5' ,I L ~:c=:=:::r:A=c=Tc,~c"="="~·----==:;::==::S=========~~=--::r::::7 a.5' ( r\'r.AD END 5\TE. PLAN •. j,• SQUIRE:S RF INTERFEl~ENCE FENCE ( 2..T' L \ I ·--~ l ', I -~ !2.' r I ' ,~'(ii+ J.' ••:-', \" = \()' " ' : I\' ,-:: f:M~ ... SBA~ .-. -;;,,: l'.JSION GARY A, QUIJADA /1-l~l-;!f> sno EL CAMINO REAL CARLSBAD, CA 92008 (619) 438•n41