2000-58
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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")
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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.
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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.
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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.
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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
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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
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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
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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.