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HomeMy WebLinkAboutMCUP 06-06; Batiquitos Lagoon; Conditional Use Permit (CUP)U/I/CT7 City of Carlsbad Planning Department May 31, 2007 Carol McCubbin Ste A-402 510 W Broadway San Diego CA 92101 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 06-06 - BATIQUITOS LAGOON - Request to allow the continued operation of an existing Wireless Communication Facility (WCF) at 6994 El Camino Real, in the C-1-Q Commercial Zone and Local Facilities Management Zone 6. Dear Ms. McCubbin: The Planning Director has completed a review of your application for a Minor Conditional Use Permit MCUP 06-06 - BATIQUITOS LAGOON for an unmanned Wireless Communication Facility at the 6994 El Camino Real. On the 31st 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 the Wireless Communication Facility (WCF) use is consistent with the Local Shopping Center General Plan Land Use designation as it 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 06-06 - BATIQUITOS LAGOON May 31, 2007 Page3 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 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. 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 substantial negative effect on surrounding properties or the public health and welfare. "If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 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. Said report shall be subject to review and approval by the Planning Director for consistency with' the Project's preliminary report on RF exposure submitted with the initial project application and for consistency with the FCC guidelines. If on review, the City finds that the Project does not meet the FCC guidelines, the City may revoke or modify this conditional use permit. 9. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law.