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Home My WebLink AboutMCUP 07-02; North Batiquitos WCF; Conditional Use Permit (CUP)PROJECT REVIEW On May 5, 2008, MCUP 07-02 - North Batiquitos Lagoon was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of approval and no further action was taken. ACTIONS/COMMENTS: Signed: c: File Copy Data Entry - only if #3 above is selected, the status of the project should be changed to Expired in Permits. Page 1 of 1 Chris Sexton - Rachel Fenton, NSA Wireless - Nextel Facilites contact From: "Rachel Fenton" <rachel.fenton@nsawireless.com> To: <csexton@ci.carlsbad.ca.us> Date: 03/08/2007 2:07 PM Subject: Rachel Fenton, NSA Wireless - Nextel Facilites contact Hello Chris - Thanks for giving me a call back this afternoon. Per our conversation, I am your contact for these applications now. Here is all my info: Rachel Fenton, NSA Wireless 925.216.1273 rachel.fenton@nsawireless.com I do work out of my home office in Salt Lake City, Utah which is addressed at: 5043 Redshale Road, Herriman, UT 84096 This address would be the best to send things to. That way I get them directly. My address at the San Ramon office is still good however, and that is 2527 Camino Ramon #350 San Ramon, CA 94583 Thanks for all of your help. I look forward to working with you. Rachel Fenton Rgchel M. Fenton NSA Wireless 925.216.1273 file://C:\Documents and Settings\Csexton\Local Settings\Temp\GWJ00001.HTM 03/08/2007 City of Carlsbad Planning Department May 8, 2007 Rachel Fenton NSA Wireless 5043 Redshale Rd Herriman UT 84096 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-02 - NORTH BATIQUITOS - Request to allow the continued operation of an existing Wireless Communication Facility (WCF) at 720 Macadamia Drive, in the C-2 General Commercial Zone and Local Facilities Management Zone 22. Dear Ms. Fenton, The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 07-02 - NORTH BATIQUITOS for an unmanned Wireless Communication Facility at 720 Macadamia Drive. On the 8th day of May, the Planning Director held a duly noticed public hearing as prescribed by law to consider said request. Public testimony was not given. After careful consideration of the evidence presented at the public hearing, the Planning Director has determined that the findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that that the use is consistent with the General Plan in that the Commercial Land Use designation does not preclude the provision of WCF uses, nor is it detrimental to permitted uses in the vicinity in that the WCF is located in a preferred location. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the existing WCF Will not result in any additional building coverage and there will be no alterations to the existing site design. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the Planning Director in order to integrate the use with other uses in the neighborhood in that the existing WCF is existing and no modifications are being proposed and will not significantly change the building appearance. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us MCUP 07-02 - NORTH BATIQUITOS May8, 2007 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. MCUP 07-02 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 substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the planning director may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. Developer/Operator shall comply with the Federal Communication Commission's guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields. Within six (6) months after the issuance of occupancy, and with any time extension or amendment request, the Developer/Operator shall submit to the Planning Director either (1) verification that the project is categorically excluded from having to determine compliance with the RF exposure guidelines per 47 CFR §1.1307(b)(1); or (2) a project implementation report which provides cumulative field measurements of RF emissions of all antennas installed at the subject site. The report shall quantify the RF emissions and compare the results with the exposure limits established by the FCC guidelines. MCUP 07-02 - NORTH BATIQUITOS May 8, 2007 PageS follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602-4624. Sincerely, DON NEU Planning Director DN:CS:bd c: Tecla Levy File Copy Data Entry Mailed Citv of Carlsbad Planning Department March 23, 2007 Rachel Fenton NSA Wireless 5043 Redshale Rd Herriman UT 84096 SUBJECT: MCUP 07-02 - NORTH BATIQUITOS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Minor Conditional Use Permit, application no. MCUP 07-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Planning Director DN:CS:bd c: Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue « Carlsbad, CA 92008-7314 » (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department March 23, 2007 Rachel Fenton NSA Wireless 5043 Redshale Rd Herriman UT 84096 SUBJECT: MCUP 07-02 - NORTH BATIQUITOS Before the Planning Director can make a decision on your application, the City must perform public noticing as required in Section 65091 of the California Government Code. The required noticing materials must be received by City staff as well a check for the postage. Also please be aware that the labels and postage must be received by a timely matter or your application could expire if noticing is not performed within the time limits allotted under the Permit Streamlining Act. Please submit the following information needed for noticing and sign the enclosed form: 1. Owners List - a typewritten list of names and addresses of all property owners within a 300 foot radius of the subject property, including the applicant and owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessor's rolls. 2. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 300 foot radius of the subject property. For any address other than a single family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MCUP 07-02 - NORTH WPriQUITOS March 23, 2007 Page 2 3. Radius Map - a map to scale not less than 1" = 200' showing all lots completely and partially within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, CHRIS SEXTON Planning Technician CS:bd Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NUMBER AND NAME MCUP 07-04 - T-MOBILE USA. INC APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE RECEIVED BY DATE City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM March 5, 2007 TO: Chris Sexton, Planning FROM: Tecla Levy, Engineering SUBJECT: MCUP 07-02, NORTH BATIQUITOS (APN: 212-450-31) Engineering Department staff has completed the review of the above referenced project. Staff has reviewed the submittal for completeness and has determined that the project is complete. The following is the engineering condition: • Developer shall comply with the City's requirements of the current National Pollutant Discharge Elimination System (NPDES) permit. Developer shall implement best management practices at all times. Best management practices include but not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance'system to the maximum extent practicable. If you or the applicant has any questions, please contact Tecla Levy at 760-602-2733. f Attachment cc: David Mauser, Deputy City Engineer