HomeMy WebLinkAbout1997-05-21; Planning Commission; ; CUP 184BX1 - DANIELS CABLEVISIONThe ~ity of CARLSBAD Planning Departuicnt
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: MAY21, 1997
ItemNo.@
Application complete date: January 3 I, 1997
Project Planner: Elaine Blackburn
Project Engineer: NI A
SUBJECT: CUP l84(B)xl -DANIELS CABLEVISION -Request for a five-year extension
of CUP 184(8) to allow the continued operation of an existing antenna tower and
related equipment building located on the east side of Squires Dam in Local
Facilities Management Zone 15.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4095
APPROVING CUP 184(B)x1 allowing a five year extension based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed five year extension of the subject conditional use permit will allow the continued
operation of an existing antenna tower and equipment building located on the east side of Squires
Dam. A five year extension would extend the conditional use permit through April 1, 2002.
Ill. PRO.JECT DESCRIPTION AND BACKGROUND
On April 1, 1992, the Planning Commission approved CUP 184(B) allowing the addition of 160
square feet of floor area to an equipment building and the addition of three ground-mounted
antennas to this existing communications facility located on the east side of Squires Dam near
the City's boundary in an R-A-10 zone. The applicant is requesting a 5 year extension of CUP
l 84(B) to allow the continued use of the facility.
IV. ANALYSIS
A. The operation of a communications facility at the subject site continues to be consistent
with all applicable plans, policies and regulations described below:
1. Carlsbad General Plan; and
2. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP l 84(B), which are contained in Planning
Commission Resolutions No. 3376 and 3377, still apply to this project (CUP 184(B)xl).
Communications facilities in the R-A-10 zone require approval of a conditional use
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CUP 184(B)xl -DANIEL~ LABLEVISION
MAY 21, 1997
PAGE2
permit to ensure compatibility with surrounding residential uses. The Daniels
Cablevision facility is located within the Squires Dam area which is separated from
surrounding residential development by a fence. The facility, which was approved prior
to the approval and development of the neighboring residential uses, is compatible with
surrounding uses and has no direct impact on residential use in the area.
C. The adopted project conditions for CUP 184(B), which are contained in Planning
Commission Resolution No. 3377 still apply to this project (CUP 184(B)xl) with the
exception of Conditions No. 3, 8, and 13 which have been satisfied and Condition No. 9,
which is replaced by Condition No. 3 in Planning Commission Resolution No. 4095 to
extend CUP 184(B) for five years through April 1, 2002.
D. No formal written complaints regarding CUP 184(B) have been submitted to the City.
E. Periodic reviews have been conducted for CUP 184(B) and the project is in compliance
with all conditions of approval.
F. The CUP extension is exempt from environmental review per Section 15301, Class I, of
CEQA.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any significant adverse impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 4095
2. Location Map
3. Planning Commission Resolution No. 33 77 dated April 1, 1992.
EB:bk
CARLSBAO
DANIELS CABLEVISION
CUP 184(B)xI
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PLANNING COMMISSION RESOLlITION NO. 3377
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A
CONDITIONAL USE PERMIT TO ADD AN ADDITIONAL 160 SQUARE FEET
OF FLOOR AREA TO AN EQUIPMENT BUILDING AND THREE
ADDITIONAL GROUND-MOUNTED SATELLITE DISHES TO AN EXISTING
COMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF SQUIRES DAM.
CASE NAME: DANIELS CABLEVISION BUILDING EXPANSION
CASE NO: CUP 184(B)
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 1st day of April, 1992, hold a duly noticed public hearing to
consider said application on property described as:
A portion of Lot "C", Rancho Agua Hedionda, County of San Diego, State
of California, according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County,
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP 184(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 184(B), based on the following findings and subject to the
following conditions:
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Findings:
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That the requested use is necessary or desirable for the development of the
community, 1s essent1ally m harmony with the various elements and objectives of
the general plan, and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located because the
expansion of the facility will improve service to cablevision customers without
disrupting the objectives of the General Plan nor jeopardizing the health, safety,
and welfare of nearby residences;
That the site for the intended use is adequate in size and shape to accommodate
the use since the additional satellite dishes and building expansion are confined
within the perimeter fence surrounding the existing facility;
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained as the berm. located between the
facility and residences adequately screens the additional satellite dishes and
building and all required setbacks are provided;
That the unpaved road serving the tower, building, and satellite dishes is adequate
to properly handle all traffic generated by the proposed use.
That the elevation of the site, along with the location, will give proper
transmitting capability to the City of Carlsbad.
Unless otherwise stated in this resolution, all conditions of approval of CUP 184
and 184(A) have been found to be adequate and have been incorporated into this
resolution so that this resolution contains all the findings and conditions of
approval for this communications facility use.
This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 15.
The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on February 13, 1992 and
approved by the Planning Commission on April 1, 1992. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
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staff analysis, all required mitigation measures and any written comments received
regarding the significant effects this project could have on the environment.
Conditions:
1. Approval is granted for CUP 184(B), as shown on Exhibit "A", dated April 1, 1992,
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions. Any
alterations to Exhibit 11.N', dated April 1, 1992, shall require an amendment to CUP
184-(B)
2. The conditions of Planning Commission Resolution No. 3045 for CUP 184-(A),
dated August 15, 1990, and Planning Commission Resolution No. 1731 for CUP
184, dated December 10, 1980,. on £le in the Planning Department are
incorporated herein except for Conditions No. 1,. 2, 5, and 6 of Planning
Commission Resolution No. 1731, and Conditions No. 1, 2, and 3 of Planning
Commission Resolution No. 3045 which are either replaced by or deleted from the
conditions of this resolution.
3. The developer shall provide the City with a reproducible 24" x 36", mylar copy of
the site plan as approved by the Planning Commission. The site plan shall reflect
the conditions of approval by the City. The plan copy shall be submitted to the
Planning Director prior to issuance of building permits.
4. This project is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated November 20, 1991, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid this application
will not be consistent with the General Plan and approval for this project will be
void.
5. This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 15 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
6. If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
proJect whhout the condition complies with all requirements of law.
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7.
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Approval of this request shall not excuse compliance 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.
9. This conditional use permit is granted for a period of 5 years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant
adverse impacts, the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to be heard, add
additional conditions to mitigate the significant adverse impacts. This permit may
be revoked at any time after a public hearing, if it is found that the use has a
significant detrimental affect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed 5 years upon written
application of the permittee made no less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the public's health and
welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public's health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
1 0. No satellite dishes or any other structures shall be constructed on any easement
without the permission of those parties holding the easement.
11. No signs or signage/logos of any kind are allowed on the site, or the relay tower,
or on any of the existing or proposed satellite dishes.
12. Any satellite dish proposed in addition to the 14 dishes on the 160 foot high
tower, the one dish on the 40 foot high tower, and 7 dishes located at ground
level, shall require an amendment to CUP 184-(B).
Fire:
13. Prior to the issuance of building pemuts, complete building plans shall be
submitted to and approved by the Fire Department.
14. Prior to construction the applicant shall remove any dead brush located between
the Cablevision facility and residences to the east. Such removal shall be
monitored and administered by the Fire Department.
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15. The applicant shall maintain under the Fire Department's discretion, an existing
10 foot wide fire break adjacent to the rear property lines of residential properties
located at 2085, 2083, 2081, 2077, 2075, 2071, and 2069 Sequoia Street in the
City of VISta.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of April, 1992, by the
following vote, to wit:
ATTEST:
AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm,
Holmes, Savary, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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