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HomeMy WebLinkAboutCUP 144; Carlsbad Municipal Water District; Conditional Use Permit (CUP) (6)MEMORANDUM November 9, 1977 TO : Planning Commission FROM : Planning Department SUBJECT: CUP 144 TO PERMIT A PUBLIC USE ON A TRANSMITTING TOWER - APPLICANT: CITY OF CARLSBAD BACKGROUND LOCATION AND DESCRIPTION OF PROPERTY The subject property is about 1-1/2 miles east of El Camino Real between Palomar Airport Road and Tamarack extended. The following is a block building with a 200' high tower, on the westerly slope of Mt. Hinton, approximately 300 feet north of Squires Dam. The block house is about 20' x 25' in size. Except for the dam site and caretaker's trailer, the parcel is vacant. EXISTING ZONING Subject Property: R-A - 10,000 - Tower is located in the R-A-10,000 zone. 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 INFORMATION CUP 144 meets the requirements of the Carlsbad Environmental Protection Ordinance for a Negative Declaration because: The extreme topography surrounding the project prevents the tower -2- 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 vege- tation. HISTORY OF mLATED CASES CUP'S 50, 119 & 144 - Establishing and regulating a 100 foot radio-tower (offshore nagivation) located between Carlsbad Blvd. and the A.T. & S.F. Railroad, just south of Palomar Air- port Road. 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 commission agenda for review. Conditions were placed on maintenance of landscape, 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 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 is now used by the local radio station KKOS-FM and will be used by the City of Carlsbad for police, fire and public work communications. -3- The tower was erected earlier this year by the radio station with an agreement with CMWD. Technically, the erection of this tower is in violation of the City Code since it required a Conditional Use Permit. Before the City will become a party to this project, the use must conform to all City requirements. Therefore, the City has requested that a Conditional Use Permit be approved to make it a conforming land use, complying with City requirements. The use is so situated that there will be very little detrimental effects to surrounding properties or to aircraft. It 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 there will be very little visual impact on the area. A possible problem is interference with the University of California's research projects which lie to the south. Staff contacted the university and they indicated there is no interference from the present transmit t ing . RECOMMENDATION It is recommended that CUP-144 be approved based on the following findings and subject to the following conditions: 1. 2. 3. The requested use is necessary and desirable for the 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 elevation of this site, along with location, in the approximate 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 use 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 use will occupy a very small space towards the portion of the lot towards the north east corner of this large lot, therefore, there will be very little impact to the surround- ing areas. All yards, setbacks, walls, fences, landscaping and other feat- ures necessary to adjust the requested use to existing or -4- 4. 5. 6. or permanent future uses in the neighborhood will be provided and maintained because: a) The location of the use meets all of the code requirements. 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. 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 A0 significant grading or disturbances of vegetation. 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. 2. If the use or transmitting causes disturbances to the nearby University of California research facility, the applicant shall submit to the Planning Commission methods to mitigate the disturbance. The method the Planning Commission feels to be appropriate shall then be installed in a time period determined by the Planning Commission. Commission is dissatisfied with the mitigating measures or results thereof, the Planning Commission shall request CUP to be noticed for public hearing to determine extent of problem and possible solutions. If the Planning CG: BP :nm Attachments: Exhibit A 9/29/77 Location Map Topographic Map with Tower Location