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
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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.