2000-31
RESOLUTION NO. PC 2000-31
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ENCINITAS APPROVING A MAJOR USE PERMIT AND
COASTAL DEVELOPMENT PERMIT APPLICATION TO ALLOW
A WIRELESS TELECOMMUNICA TIONSFACILITY ON A
RESIDENTIAL PROPERTY LOCATED AT 501 OCEAN BLUFF WAY
WITHIN THE R-3 and RR-2 ZONES AND
HILLSIDEIINLAND BLUFF OVERLAY ZONE
(CASE NO. 99-201 MUP/CDP; APN: 258-140-30,-31, -32, -54)
WHEREAS, a request for consideration of a Major Use Permit and Coastal Development
Permit application was filed by Pacific Bell Wireless for a wireless telecommunications facility,
consisting of six panel-type antennas to be mounted on two, 17-foot-tall antenna poles, and accessory
radio equipment cabinets, in accordance with Sections 30.74.070 and 30.80.090 of the Encinitas
Municipal Code, for the property located in the R-3 and RR-2 Zoning Districts and Hillside/Inland
Bluff Overlay Zone, legally described as:
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 2430, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SAID PARCEL MAP WAS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 8,1974 AS FILE
NO. 74-059151, SAID PARCEL 2 BEING A PORTION OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNADINO MERIDIAN
WHEREAS, the Planning Commission conducted a noticed public hearing on the application
on May 25, 2000, at which time all those desiring to be heard were heard; and
WHEREAS, the Planning Commission considered, without limitation:
1. The May 25, 2000, agenda report to the Planning Commission with attachments;
2. The General Plan, Local Coastal Program, Municipal Code, and Associated Land Use
Maps;
3. Oral evidence submitted at the hearing;
4. Written evidence submitted at the hearing;
5. Project Drawings dated received by the City on April 25, 2000, consisting of six
sheets including a Title Sheet, Project Information, Vicinity Map (T -1.0); Site Plan
(A-1.0); Enlarged Area of Work (A-2.0); Elevations A-3.0); Details (A-4.0); and
Landscape Plan (L-l.0); two sheets of colored photo simulations of the site with and
without the project; and a Clarification Memorandum from the applicant dated
received May 25, 2000.
WHEREAS, the Planning Commission made the following findings pursuant to Sections
30.74.070 and 30.80.090 ofthe Encinitas Municipal Code:
(SEE ATTACHMENT "A")
G:/PCRESOS/RPC9920 1 MUPCDP
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Encinitas hereby approves application 99-201 MUP/CDP subject to the following conditions:
(SEE ATTACHMENT "B")
BE IT FURTHER RESOLVED that the Planning Commission, in its independent
judgment, finds that this project is categorically exempt from environmental review pursuant to
Section 15303 of the California Environmental Quality Act (CEQA) Guidelines.
PASSED AND ADOPTED this 25th day of May, 2000, by the following vote, to wit:
AYES:
Bagg, Birnbaum, Crosthwaite, Jacobson, and Patton
NAYS:
None
ABSENT:
None
ABSTAIN: None
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Alice Jacobson,Cliairperson
Encinitas Planning Commission
ATTEST:
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Sandra Holder
Secretary
NOTE: This action is subject to Chapter 1.04 ofthe Municipal Code, which specifies time limits for
legal challenge.
G:lPCRESOS/RPC9920 1 MUPCDP
ATTACHMENT "A"
Resolution No. PC 2000-31
Case No. 99-201 MUP/CDP
FINDINGS FOR MAJOR USE PERMIT
STANDARD: Section 30.74.070 of the Encinitas Municipal Code provides that an application
for a Major Use Permit shall be approved unless findings of fact are made based upon the
information presented in the application or during the hearings which support one or more of
the following conclusions:
1. The location, size, design or operating characteristics of the proposed project will be
incompatible with or will adversely affect or will be materially detrimental to adjacent
uses, residences, buildings, structures or natural resources, with consideration given to,
but not limited to:
a. The inadequacy of public facilities, services and utilities to serve the proposed
project;
b. The unsuitability of the site for the type and intensity of use or development
which is proposed; and
c. The harmful effect, if any, upon environmental quality and natural resources of
the City.
2. The impacts of the proposed project will adversely affect the policies of the Encinitas
General Plan or the provisions of the Municipal Code; or
3. The project fails to comply with any other regulations, conditions or policies imposed by
the Municipal Code.
Facts: The subject application proposes a wireless telecommunications facility in the R-3
and RR-2 Zones and the Hillside/Inland Bluff Overlay Zone of the City. The proposed use
falls within the category of "cellular facility" of Municipal Code Section 30.09 (Use
Matrix). Section 30.09 allows such facilities in residential zones with the authorization of
a Major Use Permit. Pursuant to Municipal Code Section 30.34.030-B-5, no
improvements shall be located within 25 feet from the top of a steep slope (>25%) in the
Hillside/Inland Bluff Overlay Zone.
Discussion: The building site is located within the R-3 and RR-2 Zones in a neighborhood
consisting of greenhouse uses and single-family homes. Encinitas Boulevard is located
directly north and downslope from the site.
The property is also located within the Hillside/Inland Bluff Overlay Zone and contains steep
slopes at the north of the site that drop down to Encinitas Boulevard. All proposed antennas
and associated equipment would maintain a minimum 25-foot top of slope setback
pursuant to Municipal Code Section 30.34.030B.5.
G:/PCRESOS/RPC9920 1 MUPCDP
The proposed application will incorporate landscape elements that will mInImIZe any
utility appearance that might be created by the telecommunications facility. Three palm
trees would be located around the perimeter of each antenna pole to blend with the
appearance of the 6-5/8" diameter antenna poles. The palms would be of staggering
heights such that a palm located behind the antenna (on the south side) would be tall
enough (at 20 feet) that the canopy would screen the antennas from the south
neighborhood (but not block signaling). Two palms in front of the antennas (on the north
side) would be at 10 and 15-foot heights to "blend" the trunks but not disrupt the antenna
signal. The accessory equipment cabinets associated with the facility would be contained
within a 6- foot high chain link fence with redwood slats and screened with bougainvillea
planted around the perimeter ofthe fence.
Conclusion: The Planning Commission finds that the overall facility will be compatible
with the existing land use of the site and of neighboring properties. The Planning
Commission also finds that the proposed wireless telecommunications facility as approved
herein will not be unsuitable for the site and vicinity in terms of intensity of use, and will
not have any significant harmful effect upon the environmental quality and natural
resources of the City. The Planning Commission further finds that the facility design is
consistent with Chapter 23.08 (Design Review) because no improvements will be located
within 25 feet from the top of a steep slope (>25%) pursuant to Section 30.34.030-B-5 of
the Hillside/Inland Bluff Overlay Zone and because proposed landscaping would serve to
conceal the less attractive aspects of the facility from surrounding properties.
G:/PCRESOS/RPC9920 1 MUPCDP
FINDINGS FOR COASTAL DEVELOPMENT PERMIT
Standard: A decision to approve a Coastal Development Permit must be based upon the
written findings found in Section 30.80.090 of the Municipal Code:
1. The project is consistent with the certified Local Coastal Program of the City of Encinitas;
and
2. The proposed development conforms with Public Resources Code 21000 and following in
that there are no feasible mitigation measures or feasible alternatives available which
would substantially lessen any significant adverse impact that the activity may have on the
environment.
3. For projects involving development between the sea or other body of water and the nearest
public road, approval shall include a specific finding that such development is in conformity
with the public access and public recreation policies of Section 30200 et. seq. of the Coastal
Act.
Facts: The subject application proposes a Major Use Permit and Coastal Development
Permit to allow a wireless telecommunications facility within a residential zone. The
proposed use falls within the category of "cellular facility" of Municipal Code Section
30.09 (Use Matrix). Section 30.09 allows such facilities in residential zones with the
authorization of a Major Use Permit.
Discussion: The proposed project will conform with the provisions of the Local Coastal
Program which includes the General Plan and appropriate Chapters of the Municipal Code.
As per the discussion for Findings for Major Use Permit, no significant adverse
environmental impacts to the surrounding area are likely to result from the establishment of
the wireless telecommunications facility. The subject site is not located between the sea or
other body of water, specifically the Pacific Ocean, and a public road.
Conclusion: The Planning Commission finds that: 1) the project is consistent with the
certified Local Coastal Program of the City of Encinitas; 2) required finding No. 2 is not
applicable since no significant adverse environmental impact is associated with the project;
and 3) required fmding No.3 is not applicable since the subject site is not located between the
sea or other body of water, specifically the Pacific Ocean, and a public road.
G:/PCRESOS/RPC9920 1 MUPCDP
ATTACHMENT"B"
Resolution No. PC 2000-31
Case No. 99-201 MUP/CDP
CONDITIONS
Applicant:
Location:
Pacific Bell Wireless
501 Ocean Bluff Way
SC 1 SPECIFIC CONDITIONS:
SC2 This approval will expire on May 25, 2002 at 5:00 PM, two years after the approval of this
project, unless the conditions have been met or an extension of time has been approved
pursuant to the Municipal Code.
SC5 This project is conditionally approved as set forth on the application and project drawings
dated received by the City on April 25, 2000, consisting of six sheets including a Title Sheet,
Project Information, Vicinity Map (T-l.0); Site Plan (A-l.0); Enlarged Area of Work (A-2.0);
Elevations A-3.0); Details (A-4.0); and Landscape Plan (L-l.0); two sheets of colored photo
simulations of the site with and without the project; and a Clarification Memorandum from
the applicant dated received May 25, 2000; all designated as approved by the Planning
Commission on May 25, 2000. Said drawings, including the placement, number, and size of
the proposed trees and shrubs shall not be altered without express authorization by the
Community Development Department. The antennas poles (2) shall consist of steel
galvanized pipe, 6-5/8" in diameter with all antenna cables contained within the pole and run
underground to the facility equipment cabinets. The steel poles will be painted dark tan/beige
to simulate the palm tree trunks. The panel antennas shall be painted dark green to simulate
the color of the palm fronds. The equipment cabinets shall be enclosed in a gated, 6' high
chain link fence with redwood slats. Eight, 5-gallon bougainvillea shrubs shall be planted as
screening around the perimeter of the fencing.
SCA All elements of the wireless telecommunications facility approved herein shall provide a
minimum setback of 25 ft. from any point along the top of slope edge at the north of the
property.
SCB The applicant / operator shall make no effort or enter into any special agreements precluding
any other telecommunication providers from utilizing the site as a base of operations.
SCC Should the approved use be abandoned by the operator (or successor), all elements of the
facility shall be removed and the site shall be restored to the condition prior to construction of
the facility.
SCD No additional antennas or other visible elements shall be added to the site by the operator
without express authorization by the Community Development Department.
SCE Prior to use of the facility, all required plantings shall be in place with tree heights as specified
on the approved landscape plan. And All required plantings shall be maintained in good
G:/PCRESOS/RPC9920 1 MUPCDP
r
condition, and whenever necessary, shall be replaced with new materials to ensure continued
compliance with applicable landscaping, buffering, and screening requirements (i.e. when the
trees grow too tall to provide the intended antenna/antenna pole screening). Failure to
maintain landscaping and the site in general may result in the setting of a public hearing to
revoke or modify the approval. This condition shall be recorded with the covenant required
by this Resolution.
GIST ANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G4 Prior to building permit issuance, the applicant shall cause a covenant regarding real property
to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval
and shall be of a form and content satisfactory to the Community Development Director.
G5 Approval of this request shall not waive compliance with any sections of the Municipal Code
and all other applicable City regulations in effect at the time of Building Permit issuance
unless specifically waived herein.
G 13 The applicant shall pay development fees at the established rate. Such fees may include, but
not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School
Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire
Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to
building permit issuance to the satisfaction of the Community Development and Engineering
Services Departments. The applicant is advised to contact the Community Development
Department regarding Park Mitigation Fees, the Engineering Services Department regarding
Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility
Departments or Districts regarding Water and/or Sewer Fees.
USE PERMIT CONDITIONS
Ul At all times during the effective period of this permit, the responsible party shall obtain and
maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 In the event that any of the conditions of this permit are not satisfied, the Community
Development Department shall cause a noticed hearing to be set before the authorized agency
to determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of
Encinitas, acting through the authorized agency, may add, amend, or delete conditions and
regulations contained in this permit.
G:/PCRESOS/RPC9920 1 MUPCDP
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U 5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond
that which is specifically described in this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings for
substantial conformance with a use permit contained in Section 30.74.105 of the Municipal
Code. Modifications beyond the scope described therein will require submittal and approval
of an amendment to the use permit by the authorized agency.
U8 All project grading shall conform with that shown on the approved project plans. If no
grading is proposed on the approved plans, or subsequent grading plans are inconsistent with
the grading shown on the approved plans, a use permit modification for such grading shall be
obtained from the authorized agency of the City prior to issuance of grading or building
permits.
Bl BUILDING CONDITION:
CONT ACT THE ENCINIT AS BUILDING DIVISION REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
B2 The applicant shall submit a complete set of construction plans to the Building Division for
plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural
calculations, and State Energy compliance documentation (Title 24). Construction plans shall
include a site plan, a foundation plan, floor and roof framing plans, a floor plan, section
details, exterior elevations, and materials specifications. Submitted plans must show
compliance with the latest adopted editions of the California Building Code (The Uniform
Building Code with California Amendments, the California Mechanical, Electrical and
Plumbing Codes). Commercial and Multi-residential construction must also contain details
and notes to show compliance with State disabled accessibility mandates. These comments
are preliminary only. A comprehensive plancheck will be completed prior to permit issuance
and additional technical code requirements may be identified and changes to the originally
submitted plans may be required.
Fl FIRE CONDITIONS:
CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE
FOLLOWING CONDITION(S):
F13 ADDRESS NUMBERS: Address numbers shall be placed in a location that will allow them to be
clearly visible from the street fronting the structure. The height of the address numbers shall
conform to Fire Department Standards.
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Clarification Memorandum
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PACIFIC EI BELL.
Wireless
May 25, 2000
Case No. 99-201 MUP/CDP
Pacific Bell Wireless
501 Ocean Bluff Way, APN 258-140-30,31,32 & 54
I. Technical Summary
The proposed antenna masts (2) shall consist of steel galvanized pipe, 6-5/8" in
diameter, extending to a maximum height of 17'. The coaxial antenna cable will
be contained within the interior body of the pole and run underground to the BTS
equipment cabinets. The south antenna mast shall have two, 5' high panel
antennas mounted from approximately 12' up to the 17' high top. The north mast
shall have only panel antenna mounted from approximately 12' up to the 17' high
top.
The two steel poles will be painted a dark tanlbeige up to the bottom of the
antenna with darker stripes painted 10-12 inches to simulate a palm trunk. The
panel antennas shall be panted dark green to match the color of the palm fronds.
II. Landscape Summary
Three queen palms of varying heights (8-10', 15' & 20') will flank the steel
antenna supports. The goal is to effectively screen and backdrop the antenna
masts without disrupting the radio signals from the antennas. The 20' high palms
will be placed behind the antenna masts, the 15' high palm located to the side
and the 8-10' palm placed in front of the steel mast. The palms can either remain
in their box containers, which is preferred, or can be planted. When the palms
become too high, they will be replaced as per the approved landscape
configuration.
The radio equipment area will be enclosed in a gated, 6' high chain link fence.
Green redwood slats are optional for better screening. Eight, five-gallon
container shrubs will be planted along the perimeter of the fence (approx. 4' on
center) to screen the BTS equipment cabinets (See Attached). PBW proposes
Bougainvillea in order to get the fastest coverage and plant height. All of the
palms and plants will be hand watered by the on-site nursery personnel by
contractual agreement.
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