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HomeMy WebLinkAboutCUP 144; Carlsbad Municipal Water District; Conditional Use Permit (CUP) (5)-- MEMORANDUM October 31, 1977 TO : DCC FROM: Planning Department SUBJECT: CUP 144 Carlsbad Municipal Water District BACKGROUND: LOCATION AND DESCRIPTION OF PROPERTY The subject property is located at the end of Sunny Creek Road about 1-1/2 miles east of El Camino Real between Palomar Airport Road and Tamarack extended. The 300 foot tower sits on top of Mt. Evans. There is an adjac- ent block house, about 20' x 25' in size. Except for a dam site and caretaker's trailer, the rest of the.parce1 is vacant. EXISTING ZONING Subject Property: Open space & R-A - 10,000 North: R-A (County & Oceanside) South: R-A - 10,000 & open space East: R-A (County) West: A-1 (County) EXISTING LAND USE Subject Properties: Road Tower & Dam Site North: Vacant South: Vacant & Dam Site East: Vacant & Dam Site West: Vacant & Agriculture ENVIRONMENTAL IMPACT INFORMAT ION CUP 144 meets the reqrirements of the Carlsbad Environmental Protection Ordinance for a Negative Declaration because: The extreme topography surrounding the project prevents the tower from creating any serious visual impacts on surrounding resi- dential areas. The tower is in conjunction with existing public services and there will be no significant grading or disturbance of vegetation. -2- HISTORY OF RELATED CASES CUP'S 50, 119 & 144 - Establishing and regulating a 100 foot radio-tower (offshore navigation) located between Carlsbad Blvd. and the A.T. & S.F. Railroad, just south of Palomer Airport Road. Conditions were placed on maintenance of landscape, irrigation, lighting, weed abatement and a warning beacon was to be provided on top. The CUP was approved for 4 years with a provision that verified complaints would immediately place the CUP on the Com- mission agenda for review. GENERAL PLAN INFORMATION The Land Use Element of the General Plan indicates an OS (Open (space) land use. The General Plan further states that adequate public services should be available to meet the needs of existing and future populations of the City. PUBLIC FACILITIES No public facilities are required. MAJOR PLANNING CONSIDERATIONS Will the radio tower have a significant visual impact on sur- rounding residential areas? Does the tower create a hazard for aircraft taking off or landing at Palomar Airport? Will the broadcast frequencies used for the radio station and for police dispatching interfere with the UCSD research projects need for a radio quiet environment. CUP-144 DISCUSSION The subject site is on the west slope of Mt. Hinton on CMWD Squires Dam property. This is one of the highest points in Carlsbad and is ideal for radio transmitting. This particular tower will be used by the local radio station KKOS-FM and the City of Carlsbad police and fire communications. The tower was erected earlier this year by the radio station with an agreement with CMWD. Technically the erection of this tower -3- is in violation of the City Code requiring a Conditional Use Permit for transmitting towers. Before the City will become a party to this project, the tower must conform to all City requirements. Therefore the City is requesting a Conditional Use Permit to make it a conforming land use, complying with all City requirements. The tower is so situated that there will be very little detri- mental effects to surrounding properties or to aircraft. The tower is on the westerly slope of the mountain, and the only place it can be seen from future residential areas is from a valley leading to the west. However, the distance is great enough that the tower will have very little visual impact on the area. A possible problem with this transmitting is interference with the University's research projects which lies to the south. Conditions have been placed on other projects in this area in an attempt to safeguard the research projects. RECOMMENDATION It is recommended that CUP-144 be approved based on the following findings and subject to the following conditions: The requested use is necessary and desirable for tnr: develop- ment of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically per- mitted in the zone in which the proposed use is to be located because : a) The height of this site, along with location in the ap- proximate geographic center of Carlsbad, will give proper transmitting to the entire City. b) Because of the hilly terrain and relative great distance to the surrounding properties, the tower will have very little visual impact on the area. The site for the intended use is adequate in size and shape to accommodate the use because: a) The tower will occupy a very small space towards the center on this large lot, therefore, there will be very little impact to the surrounding areas. All yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing -4- or permanent future uses in the neighborhood will be provided and maintained because: a) The location of the tower meets all of the code require- ments. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because: a) There will be no traffic generated by this use. 5. The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration was issued because: The mountain terrain surrounding the project reduces the towers visual impact on surrounding residential areas. The tower is in conjunction with existing public services and there will be no significant grading or disturbances of vegetation. 6. The subject application is consistent with applicable City Public Facilities Policies and Ordinances because: a) The project will have no demand on the public service facilities. CONDITIONS OF APPROVAL 1. Approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan sub- mitted labeled Exhibit A, dated 9/29/77. The location of all facilities shall be located substantially as shown on the plot plan except as provided otherwise herein. 2. All electrical lines leading to the tower shall be underground to prevent above ground level electrical arcing (common to above ground level transmission lines) . CG: BP :nm Attachments