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2000-58 - RESOLUTION NO. PC 2000-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS APPROVING A MAJOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A CELLULAR FACILITY CONSISTING OF 12 PANEL ANTENNAS MOUNTED INSIDE A 5-FOOT HEIGHT EXTENSION TO AN EXISTING TOWER AND THE CONSTRUCTION OF A 198 SQUARE FOOT BUILDING ADDITION FOR THE PURPOSE OF ENCLOSING AND SCREENING CELLULAR ANTENNA EQUIPMENT. (CASE NO. 00-144 MUP/CDP; APN: 256-030-37) WHEREAS, a request for consideration of a Major Use Permit and Coastal Development Permit was filed by Nextel Communications to allow the construction of a cellular antenna facility in accordance with all applicable provisions of the North 101 Corridor Specific Plan and the Encinitas Municipal Code, for the property located in the N-CM-l Zone, legally described as: The Northwesterly 99 Feet of the Southwesterly 200 Feet of Lot 5 of Leucadia Acres, in the City of Encinitas, County of San Diego, State of California, According to Map Thereof No. 1704, Filed in the Office of the County Recorder of San Diego County, June 5, 1918. WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 7, 2000, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The September 7, 2000 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, North 101 Corridor Specific Plan, 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 of Encinitas on September 7, 2000 consisting of 6 sheets total: Title Sheet (Sheet 1), Site Plan (Sheet 2), Floor Plan (Sheet 3), Roof Plan (Sheet 4), North Elevation/West Elevation (Sheet 5), South ElevationÆastElevation (Sheet 6). WHEREAS, the Planning Commission made the following findings pursuant to Chapter 30.74 (Use Permits) and Chapter 30.80 (Coastal Development Permits) 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 00-144 MUP/CDP subject to the following conditions: (SEE A TT ACHMENT "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 because the project results in an addition of less than 50% of the floor area before the addition and less than 2,500 square feet. PASSED AND ADOPTED this 7th day of September 2000, by the following vote, to wit: AYES: NAYS: Bagg, Birnbaum, Crosthwaite, Jacobson, Patton ABSENT: ABSTAIN: ¡ '\ )\~-~ Alice Jacobson, Ch:;ifperson of the Planning COIWnission of the City ofEncinitas ATTEST: cf~s~ NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. -- - --- A TT A CHMENT "A" Resolution No. PC 2000-58 Case No. 00-144 MUP/CDP FINDINGS FOR A MAJOR 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; 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 subject application is a request to construct a cellular antenna facility consisting of a 5 foot height extension to an existing tower located on the roof of an existing commercial building and a 198 square foot building addition for the purpose of enclosing and screening cellular equipment. Cellular facilities are permitted within the N-CM-l Zone subject to the approval of a Major Use Permit. Discussion: There are existing public facilities and utilities available to adequately serve the proposed development. The existing commercial site is suitable for the type and intensity of the proposed use. No evidence has been submitted to indicate that any aspect of the project will result in a negative impact to environmental quality or natural resources. The project site has previously been developed and is located in an urban area. There are no natural resources or environmental constraints existing on the site. In addition, the project is in an area where all public services and facilities are available. - Because all antennas and associated equipment are completely screened from view, and the extension of the tower and the building addition are substantially consistent with the existing building design and character, the Community Development Department has determined that the project is exempt from Design Review, as per Section 4.3 of the North 101 Corridor Specific Plan. The proposed cellular facility is consistent with all applicable provisions of the North 101 Corridor Specific Plan, Municipal Code and General Plan. Conclusion: The Planning Commission finds that: 1) the proposed project is adequately served by public facilities, services and utilities; 2) the site is suitable for the type and intensity of use and development which is proposed; 3) the proposed project will not result in a harmful effect to environmental quality or natural resources; and 4) the proposed project complies with the provisions and policies of the City of Encinitas General Plan and Municipal Code, and will not adversely impact those policies and provisions. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following fmdings 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 subject application is a request to construct a cellular antenna facility consisting of a 5 foot height extension to an existing tower located on the roof of an existing commercial building and a 198 square foot building addition for the purpose of enclosing and screening cellular equipment. Cellular facilities are permitted within the N-CM-l Zone subject to the approval of a Major Use Permit. The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. Discussion: Finding No.1 for the Coastal Development Permit requires the project to be consistent with the certified Local Coastal Program of the City of Encinitas. 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. There are no potentially significant adverse impacts associated with the project. Therefore, Finding No.2 is not applicable. The subject site is not located between the sea or other body of water and a public road, and therefore, required Finding No.3 is not applicable. -- - - 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 impact is associated with the project; and 3) required rIDding No.3 is not applicable since the project site is not located between the sea or other body of water and a public road. SCI SC2 SC5 - ATTACHMENT "B" Resolution No. PC 2000-58 CONDITIONS OF APPROVAL Project No.: Applicant: Subject: 00-144 MUP/CDP Nextel Communications An application for a Major Use Permit and Coastal Development Permit to construct a cellular antenna facility consisting of a 5 foot height extension to an existing tower located on the roof of an existing commercial building and a 198 square foot building addition for the purpose of enclosing and screening cellular equipment. 101 Leucadia Boulevard Location: SPECIFIC CONDITIONS: This approval will expire on September 7,2002 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 drawings dated received by the City of Encinitas on September 7, 2000 consisting of 6 sheets total: Title Sheet (Sheet 1), Site Plan (Sheet 2), Floor Plan (Sheet 3), Roof Plan (Sheet 4), North Elevation/West Elevation (Sheet 5), South ElevationlEast Elevation (Sheet 6), all designated as approved by the Planning Commission on September 7, 2000. Approved plans shall not be altered without the express authorization of the Community Development Department. SCA All new construction shall match the appearance of the existing building materials. SCB SCC Wood trim to match the facia trim of the roof shall be placed around the tower where the new fiberglass screen connects to the existing wall of the tower. A sign permit shall be obtained prior to installing any signs on the building. SCD Prior to issuance of a certificate of occupancy, the driveway entrance on Vulcan Avenue shall be removed and replaced with curb, gutter and sidewalk to match existing street improvements. Also, the driveway concrete located behind the new sidewalk to the new building addition shall be removed and replaced with landscaping to match existing landscaping. Proposed landscaping may be incorporated with the project Site Plan or on a separate landscape plan and submitted for review at the time of plancheck submittal. Gl STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to 1he City Council within 15 calendar days fi-om 1he date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the applicant shaH cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and condi boos of this grant of approval and shall be of a fonD and content satisfactory to the Community Development Director. G5 Approval of this request shall not waive compliance with any sections of the Municipa] Code and all other applicable City regulations in effect at the time of Building Pennit issuance unless specifically waived herein. G12 Prior to any USe of the project site pursuant to this pennit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Community Development Department. G13 The applicant shaJI 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 Mi ligation 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, /he 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: U2 In tile event tilat any of tile conditions of tilis permit are not satisfied, the Community Development Department shaJJ cause a noticed hearing to he set hefore 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 bearing, !be City of EncilÚtas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. U4 Nothing in this permit shall relieve the applicant ITom complying with conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. Bl Fl U5 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. BUILDING CONDITION(S): CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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, 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. FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): FA FB F13 -- Roof with a "Class A Rating" will be required to the satisfaction of the Fire Marshal. A minimum of 4 feet free and clear shall be maintained between the new building addition and the property line for Fire Department access. 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.