2000-45
RESOLUTION NO. PC 2000-45
A RESOLUTION OF THE CITY OF ENCINIT AS PLANNING
COMMISSIONAPPROVING A MAJOR USE PERMIT AND COASTAL
DEVELOPMENT PERMIT FOR A PROPOSED CELLULAR FACILITY, FOR
THE PROPERTY LOCATED WITHIN THE D-OP ZONE OF THE
DOWNTOWN ENCINITAS SPECIFIC PLAN AT 609 VULCAN AVENUE
(CASE NO. 99-312 MUP-CDP; APN: 258-201-27)
WHEREAS, a request for consideration of a Major Use Permit and Coastal
Development Permit was filed by JM Consulting to allow the installation of a cellular
facility consisting of seven panel-type antennae with associated radio equipment located
within the existing building, in accordance with Section 3.2.2.A.3 of the Downtown
Encinitas Specific Plan and Chapters 30.74 (Use Permits) and 30.80 (Coastal Development
Permit) of the Encinitas Municipal Code, for the property located in the Downtown
Encinitas Specific Plan Office Professional (D-OP) zone, legally described as:
Lots 1 and 2 in Block "A" of McNeil and Keyes Subdivision of East Block 6 of Encinitas, in
the County of San Diego, State of California, according to the map thereof No. 112 filed in
the Office of the County Recorder of San Diego County on April 5, 1887.
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on June 6 and July 27, 2000, at which time all those desiring to be heard were
heard; and
WHEREAS, the Planning Commission considered, without limitation:
1.
The June 6 and July 27, 2000 agenda reports to the Planning Commission
with attachments;
2.
The General Plan, Local Coastal Program, Municipal Code, Downtown
Encinitas Specific Plan, and associated Land Use Maps;
3.
Oral evidence submitted at the hearing;
4.
Written evidence submitted at the hearing;
5.
Project plans consisting of 3 sheets, including Site/Roof Plan, Elevations,
and Landscape Plan, all dated received by the City of Encinitas on July 10,
2000, and Landscape Plan Addendum submitted at the hearing; and
WHEREAS, the Planning Commission made the following findings pursuant to
Chapter 30.74 (Use Permits) and Chapter 30.80 (Coastal Development Permit), of the
Encinitas Municipal Code:
(SEE ATTACHMENT "A")
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Encinitas hereby approves application 99-312 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 15301 (e) of the California Environmental Quality Act (CEQA)
Guidelines.
PASSED AND ADOPTED this 27th day of July, 2000, by the following vote, to
wit:
AYES:
Birnbaum, Crosthwaite, Jacobson, Patton
NAYS:
ABSENT:
ABSTAIN:
Bagg
Alice Jacobson, C ai ersonof
the Planning Co . s ion of the
City of Encinitas
ATTEST:
~ ~( uJ-eo L~ L
Sandra Holder
Secretary
NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time
limits for legal challenges.
ATTACHMENT "A"
Resolution No. PC 2000-45
Case No. 99-312 MUP/CDP
FINDINGS FOR A USE PERMIT
STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use
permit application shall be approved unless findings of fact are made, based upon the
information presented in the application or during the hearing, 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;
Facts: The applicant proposes to install a cellular facility within the D-OP zone of
the Downtown Encinitas Specific Plan. Section 3.2.2.A.3 of the Specific Plan
allows such facilities with the issuance of a Major Use Permit.
The project consists of the proposed installation of seven panel-type cellular
antennae, each measuring approximately 1 foot in width and 2 feet in height. Four
antennae are proposed to be mounted on an extension of the existing parapet wall
along the north elevation, with an architecturally integrated and compatible
screening enclosure that will be treated with color and texture to match the existing
stucco finish of the building. The enclosure will project from the wall 1 foot, 7 Y:z
inches, and will be approximately 3 feet from the top to the bottom of the enclosure.
Three antennae are proposed to be mounted on that portion of the south elevation
that extends further west than the adjacent building to the south. Since this location
rests nearly exactly on the property line, there is insufficient room to provide an
architecturally integrated enclosure. These three antennae will be flush-mounted to
the wall by applying a seal around the antennae so that no airspace or shadow will be
visible. A stucco-liketreatmentthat matches the existing stucco would be applied so
that the antennae would blend into the wall. All of the associated radio equipment is
proposed to be located in a 13-foot by 23-foot room within the existing building.
The facility will unoccupied except for routine maintenance.
Discussion: The proposed location of the antennae, the architecturally compatible
enclosure for the four antennae on the north elevation of the building, and the sealed,
flush-mounting proposed for the three antennae on the south elevation of the
building will serve to block the antennae from view and integrate the installation
with existing architecture. Color and texture treatments to match the existing stucco
finish of the building will serve to further conceal the proposed antennae. No visible
conduits or cabling will be permitted.
The installation of the cellular facility will not significantly increase the intensity of
the use of the existing building or the project site. The proposed use is compatible
with the existing commercial office building and will not create any incompatibility
with the surrounding uses. The project is categorically exempt pursuant to Section
15301 (e) of the California Environmental Quality Act Guidelines, which exempts
such minor additions/alterations to existing buildings.
All public facilities, services and utilities are in place to serve the project.
Conclusion: The Planning Commission finds that the proposed cellular facility as
approved herein will be compatible with and will not adversely affect and will not be
materially detrimental to adjacent uses, residences, buildings, structures or natural
resources.
2.
The impacts of the proposed project will adversely affect the policies of the
Encinitas General Plan or the provisions of the Municipal Code; and
3.
The project fails to comply with any other regulations, conditions, or policies
imposed by the Municipal Code.
Facts: The applicant proposes to install a cellular facility within the D-OP zone of
the Downtown Encinitas Specific Plan. Section 3.2.2.A.3 of the Specific Plan
allows such facilities with the issuance of a Major Use Permit.
Discussion: With the approval of the Major Use Permit requested by the subject
application, the proposed cellular facility will comply with all applicable Sections of
the Municipal Code.
Conclusion: The Planning Commission finds that the impacts of the proposed
cellular facility will not adversely affect the policies of the Encinitas General Plan or
the provisions Municipal Code and that the proposed cellular facility complies with
all regulations, conditions, and policies imposed by the Municipal Code.
FINDINGS FOR A COASTAL DEVELOPMENT PERMIT
STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized
agency must make the following findings of fact, based upon the information presented
in the application and during the Public Hearing, in order to approve a coastal
development permit:
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 Section 21000
and following (CEQA) 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; and
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 applicant proposes to install a cellular facility within the D-OP zone of
the Downtown Encinitas Specific Plan. Section 3.2.2.A.3 of the Specific Plan
allows such facilities with the issuance of a Major Use Permit.
The project consists of the proposed installation of seven panel-type cellular
antennae, each measuring approximately 1 foot in width and 2 feet in height.. Four
antennae are proposed to be mounted on an extension of the existing parapet wall
along the north elevation, with an architecturally integrated and compatible
screening enclosure that will be treated with color and texture to match the existing
stucco finish of the building. The enclosure will project from the wall 1 foot, 7 Y2
inches, and will be approximately 3 feet from the top to the bottom of the enclosure.
Three antennae are proposed to be mounted on that portion of the south elevation
that extends further west than the adjacent building to the south. Since this location
rests nearly exactly on the property line, there is insufficient room to provide an
architecturally integrated enclosure. These three antennae will be flush-mounted to
the wall by applying a seal around the antennae so that no airspace or shadow will be
visible. A stucco-like treatment that matches the existing stucco would be applied so
that the antennae would blend into the wall. All of the associated radio equipment is
proposed to be located in a 13-foot by 23-foot room within the existing building.
The facility will unoccupied except for routine maintenance.
Discussion: Related to finding No.1, with the approval of the Major Use Permit
requested by the subject application, the proposed cellular facility complies with or
is conditioned to comply with the City's Local Coastal Program, the Municipal
Code, and the Downtown Encinitas Specific Plan. Related to finding No.2, no
potentially significant adverse impacts to the environment are associated with the
proposed cellular facility, and the project is categorically exempt from
environmental review pursuantto Section 15301 (e) of the California Environmental
Quality Act Guidelines, which exempts such minor additions/alterations to existing
buildings. Finding No.3 is inapplicable since the project is not located between the
sea or other body of water and the nearest public road.
Conclusion: The Planning Commission finds that 1) the proposed cellular facility is
consistent with the certified Local Coastal Program of the City of Encinitas; 2) no
potentially significant adverse impacts to the environment will result and the project
is categorically exempt from environmental review pursuant to Section 15301 (e) of
the California Environmental Quality Act Guidelines; and 3) finding No.3 is not
applicable to the project since the project site is not located between the sea or other
body of water and the nearest public road.
ATTACHMENT "B"
Resolution No. PC 2000-45
Case No. 99-312 MUP/CDP
CONDITIONS OF APPROVAL
Project No.
Applicant:
Subject:
Location:
SCI
99-312 MUP/CDP
JM Consulting
An application for a Major Use and Coastal Development Permit request for
the proposed façade-mounted installation of seven panel-type cellular
antennae, with associated radio equipment located within the existing
building, for property located in the D-OP zone of the Downtown Encinitas
Specific Plan and within the Coastal Zone.
609 South Vulcan Avenue
SPECIFIC CONDITIONS:
SC2
SC5
SCA
SCB
SCC
SCD
This approval will expire on July 27, 2002 at 5:00 p.m., 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.
This project is conditionally approved as set forth on the application and project
plans dated received by the City on July 10, 2000, consisting of 3 sheets including
Site/Roof Plan, Elevations and Landscape Plan, and Landscape Plan Addendum
submitted at the hearing, all designated as approved by the Planning Commission on
July 27, 2000, and shall not be altered without express authorization by the
Community Development Department.
The screening enclosure for the four antennae on the north elevation and the three
antennae on the south elevation shall be painted and textured to match the primary
color and texture of the stucco finish on the existing building.
No cabling or conduits related to the cellular facility shall be visible beyond the
project site.
The screening enclosure and flush-mounted antennae shall be actively and
continuously maintained. The overall condition of the enclosure and antennae must
be maintained such that the panels of the enclosure or antennae do not become
warped or discolored.
The applicant shall not enter into any special arrangements or take any actions
precluding any other telecommunications providers from utilizing the site as a base
of operations unless it is demonstrated to the satisfaction of the Community
Development Department that any such preclusion was predicated upon verifiable
technical considerations, such as potential radio interference.
SCE
SCF
GI
Should at any time in the future the approved facility be abandoned by the operator
(or a successor), all elements of the facility shall be removed and the site shall be
restored to its original condition, to the satisfaction of the Community Development
Department.
The applicant shall construct a screening wall for trash containers consisting of a 4-
foot high masonry wall with an exterior finish compatible with that of the existing
building. Adequate space for the collection and loading of recyclable materials shall
be provided. The location of said wall shall be to the satisfaction of the Community
Development Department.
ST ANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
G2
G4
G5
G7
G12
G13
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.
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.
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.
Prior to issuing a final inspection on framing, the applicant shall provide a survey
from a licensed surveyor or a registered civil engineer verifying that the building
height is in compliance with the approved plans.
Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Community
Development Department.
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
L2
Ul
U2
U3
U4
U5
U7
Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable
Utility Departments or Districts regarding Water and/or Sewer Fees.
All required plantings and automated irrigation systems shall be in place prior to use
or occupancy of new buildings or structures. All required plantings and automated
irrigation systems shall be maintained in good condition, and whenever necessary,
shall be replaced with new materials to ensure continued compliance with applicable
landscaping, buffering, and screening requirements. All landscaping and irrigation
systems shall be maintained in a manner that will not depreciate adjacent property
values and otherwise adversely affect adjacent properties. All irrigation lines shall
be installed and maintained underground (except drip irrigation systems).
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.
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.
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.
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.
Nothing in this permit shall authorize the applicant to intensify the authorized
activity beyond that which is specifically described in this permit.
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.
Bl
BUILDING CONDITION(S):
CONTACT THE ENCINITAS BUILDING DIVISION
COMPLIANCE WITH THE FOLLOWING CONDITION(S):
B2
REGARDING
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, floor planes), 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
ofthe address numbers shall conform to Fire Department Standards.