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HomeMy WebLinkAbout2002-05-15; Planning Commission; ; CUP 184BX2 - ADELPHIA COMMUNICATIONS·r.be City of CARLSBAD PJanutng Departm8h, A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: May 15, 2002 ItemNo.@ Application complete date: N/A Project Planner: Michael Grim Project Engineer: David Rick SUBJECT: CUP 184(B)x2 -ADELPHIA COMMUNICATIONS -Request for an extension of CUP 184(B)xl to allow the continued operation of an existing antenna tower and related equipment located on the east side of Maerkle Reservoir in Local Facilities Management Zone 15. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5190 APPROVING a retroactive five year extension of CUP l 84(B)xl based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five year extension of CUP 184(B)xl will allow the continued operation of an existing antenna tower and related equipment on the east side of Maerkle Reservoir from April 1, 2002 through March 31, 2007. III. PROJECT DESCRIPTION AND BACKGROUND On December 10, 1980, the Planning Commission approved CUP 184 to allow the construction and operation of a 160 foot high communication antenna and related equipment structures on the east side of Maerkle Reservoir (then known as Squires Dam Reservoir). On August 15, 1990, the Planning Commission approved an amendment to the Conditional Use Permit (CUP 184(A)), which allowed additional satellite antennas and interference screening on the existing tower. On April 1, 1992, the Planning Commission approved another amendment, CUP l 84(B), allowing an expansion to the existing equipment building and three additional ground-mounted satellite dishes at the site. On May 21, 1997 the Planning Commission approved CUP 184(B)xl to allow the continued use of an antenna tower and related equipment on the east side of Maerkle Reservoir. Condition No. 3 of the approving CUP Resolution No. 4095 specifies that CUP 184(B)xl is granted for a period of five (5) years but may be extended upon written application of the permittee (Adelphia - formerly known as Daniel's Cablevision). The applicant Adelphia (formerly known as Daniel's Cablevision) is requesting a five (5) year extension of CUP 184(B)xl to allow the continued use of an antenna tower and related equipment at this site. 0 CUP 184(B)X2 -ADELPlilA COMMUNICATIONS May 15, 2002 Page2 IV. ANALYSIS A. The Adelphia Communications antenna tower project continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan 2. Local Facilities Management Plan 15 3. Title 21 of the Carlsbad Municipal Code B. The adopted project findings for CUP 184(B)xl, which are contained in Planning Commission Resolution No. 4095 still apply to this project (CUP 184(B)x2). C. The adopted project conditions for CUP 184(B)xl, which are contained in Planning Commission Resolution No. 4095 still apply to this project (CUP 184(B)x2) with the exception of Condition No. 3 which is amended by Condition No. 4 in Planning Commission Resolution No. 5190 to extend CUP 184(B)x2 for 5 years from April 1, 2002 through March 31, 2007. D. No formal written complaints regarding CUP 184(B)xl have been submitted to the City. E. Annual reviews have been conducted for CUP 184(B)xl and the project is in compliance with all conditions of approval. F. The extended CUP should be exempted from environmental review per Section 15301, Existing Facilities, of the State CEQA Guidelines. V. ENVIRONMENT AL 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 adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5190 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 4095, dated May 21, 1997 5. Planning Commission Resolution No. 3377, dated April 1, 1992 6. Planning Commission Resolution No. 3045, dated August 15, 1990 7. Planning Commission Resolution No. 1731, dated December 10, 1980. MG:cs:mh CITY BOUNDARY ADELPHIA COMMUNICATIONS CUP 184(B)x2 -- City of Carlsbad IAEiile••ei·■•J=i•Flii,,14,11 DISCLOSURE STATEMENT Applicant's statement or 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. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A} IN THE SPACE BELOW If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person•')21 .• ~ Q eee<J:-l,~•,/4 Corp/Part __________ _ Title y.f? Title ____________ _ Address l:ou&r,~,..} ~ PA ll,'il> Address __________ _ OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessar')"..) ~ J Person /.J--~ Title D~ET P.w.-£1;2ec.,~ Address$D El Ltt'{YI I tJ-O f< ~ Pi L-, GA:eL-SwW Corp/Part. ___________ _ Title --------------- Address ____________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ------------------ Title Tit I e -------------------------- Address Address ------------------------ -4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes [X) No If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~~ • Signature of owner/date Print or type name of own £la., .. ~ For AJelp"i" Co111,.u~~.J.,o.o,~ Signature of applicant/date 1,1,~"ltwtl Cc,,).,br,,J (;-. \;)lt. U•1$RJN t J:""-', DotJ \J;llv.M~ Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent -Adelphia Highland Carlsbad Cablevision, Inc. John J. Rigas Coudersport, PA 16915 Michael J. Rigas Coudersport, PA 16915 Timothy J. Rigas Coudersport, PA 16915 James P. Rigas Coudersport, PA 16915 1 North Main Street Coudersport PA 16915 (ll14) 27 4-9830 President VP/Secretary VP/freasurer VP 200 shares 20% 250 shares 25% 250 ~hares 25% 250 shares 25%