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2006-42 RESOLUTION NO. PC 2006-42 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT AND COASTAL DEVELOPMENT PERMIT APPLICATION FOR THE PROPOSED CO-LOCATION OF A WIRELESS TELECOMMUNICATIONS FACILITY FOR T-MOBILE, CONSISTING OF THREE (3) ANTENNAS MOUNTED AT AN ELEVATION OF 50 FEET AND THE RELOCATION OF THE EXISTING VERlZON WIRELESS ANTENNAS ON A REPLACEMENT ARTIFICIAL PINE TREE TO MATCH THE EXSTING HEIGHT OF THE EXISTING VERlZON WIRELESS MONOPOLE FACILITY, AND THE INSTALLATION OF FOUR EQUIPMENT CABINETS FOR T-MOBILE LOCATED AT 291 ZONA GALE (CASE NO. 04-052 MUP/CDP; APN: 257-401-10) WHEREAS, a request for consideration of a Major Use Permit and Coastal Development Permit was filed by T-Mobile to allow the installation of a wireless communications facility consisting of three (3) antennas mounted on a replacement 93 foot tall artificial pine tree "monopine" mounted at 50 feet high from grade and the addition of four equipment cabinets within a masonry wall enclosure, in accordance with Chapters 9.70 (Wireless Communication Facilities), Chapter 30.74 (Conditional Use Permit) and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located at 291 Zona Gale Road, legally described as: (SEE AITACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 7, 2006, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The September 7, 2006 agenda report to the Plauning Commission with attachments; 2. The General Plan, Munieipal Code, Local Coastal Program and assoeiated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of eight (8) sheets total, including Title Sheet (Sheet T- 1), Site Plan (Sheet A-O), Enlarged Site Plan (Sheet A-I), Elevations (Sheet A-2, A- 3, and A-4), and Site Survey (Sheet C-l and C-l) all stamped received by the City of Encinitas on October 17,2005; Colored photo simulations dated received on August 14, 2006, August 17, 2006, and August 22, 2006; Colored Materials Board dated reeeived on April 26, 2006; and g: lResosltgmlrpc04-052mupcdp -1- WHEREAS, the Plauning Commission made the following findings pursuant to Chapter 30.74.070 (Conditional Use Permit) and 30.80.090 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Plauning Commission of the City of Encinitas hereby approves application 04-052 MUP/CDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Plauning Commission, in its independent judgment, finds that this project is categorically exempt from enviromnental review pursuant to Section 15302(c) of the Califomia Enviromnental Quality Act (CEQA) Guidelines. Section 15302 consists of replaeement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and eapacity as the structure replaced. Section 15302(c) exempts the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. PASSED AND ADOPTED this 7th day of September 2006, by the following vote, to wit: AYES: Avis, Chapo, Felker, McCabe, Snow NAYS: None ABSENT: None ABSTAIN: None ATTEST: Gene Chap, Ch r fthe Encinitas Planning Commission ~ (t2-e.f!-tuu.J:- Patrick Murphy Secretary NOTE: This action is subjeet to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. g: IResosltgmlrpc04-052mupcdp - 2- ATTACHMENT "A" Resolution No. PC 2006-42 Case No. 04-052 MUP/CDP LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: A portion of Lot 163 of County of San Diego Tract No. 3474-3 in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 10140, filed in the Office of the County Recorder of San Diego County, July 8, 1981, described as follows: Beginning at the most Southeasterly corner of said Lot 163 of said Map No. 10140; thence Westerly along the Southerly line of said Lot 163, North 89008'26" West (North 89007'47" West per Map No. 10140) 163.89 feet to the True Point of Beginning; thence leaving said Southerly line North 00057'28" East 15.00 feet to a comer of said Lot 163, said corner also being the Southwest corner of land described in Deed to the Olivenhain Municipal Water District, a Public Corporation, recorded October 22, 1975 as FilelPage No. 75-291342 of Official Records of said County; thence Northerly along a Easterly line of said Lot 163, said line also being the Westerly line of said land described in said Deed to the Olivenhain Municipal Water Distriet, North 00057'28" East 150.01 feet (North 00052'13" East 150.00 feet per Map No. 10140) to a corner of said Lot 163, said corner also being the Northwest corner of land described in said Deed to the Olivenhain Municipal Water District; thence Westerly, North 89005'28" West 119.78 feet to a point on the Westerly line of said Lot 163, said point being 165.12.feet Northerly of the Southwest corner of said Lot 163; thence Southerly along said Westerly line South 01007'16" West (South 01007'45" West per Map No. 10140) 165.12 feet to said Southwest corner of said Lot 163; thence Easterly along said Southerly line of said Lot 163 South 89008'26" East (South 89007'47" East per Map No. 10140) 120.25 feet to the True Point of Beginning. Assessor's Parcel Number: 257-401-10-00 g: IResosltgmlrpc04-05 2mupcdp - 3- ATTACHMENT "B" Resolution No. PC 2006-42 Case No. 04-052 MUP/CDP FINDINGS FOR MAJOR USE PERMIT STANDARD: Section 30.74.070 ofthe 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 charaeteristics 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 enviromnental quality and natural resources of the City. Facts: The applicant proposes to install, operate, and maintain a wireless Personal Communications Services (PCS) facility at 291 Zona Gale Road consisting of a total of three (3) panel antennas mounted on a new monopine of 93-feet high measured from finished grade, which will replace an existing 93-foot high monopole currently occupied by Verizon Wireless. The existing Verizon Wireless associated equipment currently on the monopole will be transferred to the proposed monopine and made stealth where feasible. The monopine proposes a broad-leaf design as requested by the citizens and specified by the Planning Commission. The project site is zoned R-3. Discussion: The proposed replacement wireless facility will not adversely affect the charaeter of the surrounding community and will not signifieantly increase the intensity of the existing use on the projeet site. The proposed replacement telecornmunications monopine will mimic a pine tree replacing the existing monopole which exists in the approximate location. The proposed equipment enclosure conceals the equipment both with the proposed masonry wall and additional landscaping. All public faeilities, services, and utilities are in place to serve the project. The Plauning Commission needs to determine if the proposed project as designed is compatible both visually, and as a continued land use, with the on-site and surrounding uses. The faeility will not impose conflict with the existing buildings or structures and will not disturb the existing uses within the vieinity. The proposed design is eneouraged by the surrounding citizens within the proposed vieinity. The project is exempt from enviromnental review pursuant to Section 15302(e) whieh exempts the replacement or reeonstruction of existing utility systems and/or faeilities involving negligible or no expansion of capacity. g:lResos~grn\rpc04-052rnupcdp -4- Conclusion: The Plauning Commission finds that the location, size, design and characteristies of the proposed project are compatible with the existing buildings and will not adversely affect or 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; or 3. The project fails to comply with any other regulations, conditions or policies imposed by the Municipal Code. Facts: The proposed facility is located within the R-3 zone. Pursuant to Section 9.70.070 of the EMC, the approval of a Major Use Permit is therefore required for the proposed facility. All of the supplementary materials required by Section 9.70.080, have been submitted and found to be adequate by staff. Discussion: If a Major Use Permit is granted, the use will be consistent with the General Plan and in conformance with City ordinances and requirements. The project will be conditioned to comply with the applicable Section 9.70.080.3 (Operational Plan) of the EMC, which contains requirements for the facilities operation including security lighting, maintenance, maintenance hours, monitoring, construction time, abandomnent, and decommissioning. The project as proposed complies with all requirements of the Wireless Telecommunications Facilities Ordinance. Through mitigation of adding additional eourses of CMU block to the equipment enclosure, the equipment enclosure will comply with Chapter 9.32, Noise Abatement and Control, and Chapter 30.40, Performance Standards. T-Mobile has demonstrated that the proposed project will comply with the FCC regulations for RF safety. The proposed communications facility will transmit at a frequency range of between 1,850 MHz and 1,990 MHz. The maximum public RF exposure from this T-Mobile facility is calculated to be less than 0.3% of the FCC public safety standard. The maximum cumulative exposure from the existing Verizon Wireless in addition to the proposed T-Mobile facility will be less than 1.3% of the public safety standard according to the RF studies prepared. The telecommunications facility as proposed will operate in full compliance with the standards for radio frequency emissions (RF) as adopted by'the FCC. The Third Party Wireless Review conducted by Kramer Firm, Inc. through the analysis contained in the applicant's Radio Frequency Emission study about power, antenna, height and other elements, confirmed the proposed telecommunications facility is in compliance with the FCC OET 65 requirements. The project will be subject to the attached conditions to ensure complianee with all City ordinances and requirements. Conclusion: The Planning Commission finds that the impacts of the proposed project will not adversely affect the polieies the Eneinitas General Plan, or the provisions of the Municipal Code, and that the proposed project complies with all regulations, conditions, and policies imposed by the Municipal Code. g: \Resos\tgmlrpc04-05 2mupcdp - 5- 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 whieh would substantially lessen any significant adverse impact that the activity may have on the enviromnent; and 3. For projects involving development between the sea or other body of water and the nearest pub lie 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 Aet. Facts: The property is loeated in the R-3 zone. The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Program. Adherence to the development standards of all applicable chapters of the City's Municipal Code and the goals and policies of the Encinitas General Plan will implement Coastal Zone standards. Discussion: Relating to Finding No.1, with the approval of the Major Use Permit and Coastal Development Permit the proposed wireless facility will be conditioned to comply with the provisions of the Local Coastal Program which includes the General Plan and appropriate Chapters of the Municipal Code. Relating to Finding No.2, there are no potential significant adverse enviromnental impacts associated with the project. The project is exempt from enviromnental review pursuant to Section 15302(c) of the Califomia Enviromnental Quality Act (CEQA) Guidelines, which exempts the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. The proposed wireless facility will operate in full compliance with the U.S. standards for radio frequency emissions adopted by the FCC. Finding No.3 is not applicable since the project is not located between the sea and other body of water, or a public road. Therefore, the proposed project will not impact public aeeess to coastal resources. Conclusion: The Plauning Commission finds that: 1) the projeet is consistent with the certified Local Coastal Program of the City of Encinitas; 2) no potentially significant adverse impaets to the enviromnent will result, and the project is exempt from enviromnental review pursuant to Section 15302(c) of the CEQA Guidelines, and 3) the proposed development will not impact public aecess to coastal resources. g: IResos ItgmlIpc04-052mupcdp - 6- ATTACHMENT "C" Resolution No. PC 2006-42 Case No. 04-052 MUP/CDP Applicant: Location: T-Mobile 291 Zona Gale Road (257-401-10) SCl SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on September 7, 2008 at 5 :00 pm, or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be seheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the application shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 15 days ofthe date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings consisting of eight (8) sheets total, including Title Sheet (Sheet T-l), Site Plan (Sheet A-O), Enlarged Site Plan (Sheet A-I), Elevations (Sheet A-2, A-3, and A-4), and Site Survey (Sheet C-l and Co!) all stamped received by the City of Encinitas on Oetober 17,2005; Colored photo simulations dated received on August 14,2006, August 17,2006 and August 22, 2006; Colored Materials Board dated received on April 26, 2006, all designated as approved by the Plauning Commission on September 7, 2006, and shall not be altered without express authorization by the Planning and Building Department. SCA The applicant shall not enter into any special arrangements or take any aetions precluding any other telecornmunications providers from utilizing the site as a base of operations unless it is demonstrated to the satisfaction of the Plauning and Building Department that any such preclusion was predicated upon verifiable technical considerations, such as potential radio interference. SCB All facilities, landscaping, and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within 30 calendar days. Damaged, dead or decaying plant materials shall be removed and replaeed within 30 calendar days. SCC Routine maintenance may be conducted only during the hours of 8 a.m. to 3 p.m. on weekdays, not including holidays. Emergency repairs and maintenance shall be conducted only in the cases of power outages and equipment failure or malfunction. The applicant shall notify the Planning and Building Department of any emergency repairs at the time of the maintenance when feasible or soon thereafter. Equipment "change out" and overhaul can occur any time with 30 days notice to the Plauning and Building Direetor to allow notice to property owners and residents within 300 feet of the facility. g: IResos\tgm\rpc04-052mupcdp -7 - SCD Once the wireless communications facility is operating, the City may require the ApplicantlPermittee to submit documentation that the facility is operating within the teclrnical standards as described in the application and the (FCC) Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the Planning and Building Director within 30 days of written request to the ApplicantlPermittee. SCE Within thirty days before or after the first aunual auniversary of when the City issues any permit authorized by Chapter 9.70 of the Munieipal Code, and thereafter at five-year intervals, the ApplicantlPermittee shall submit the following information, in writing, to the Planning and Building Director: 1. Confirmation that the facility continues to operate in compliance with all terms and conditions of approval by the City. 11. Independent field strength or power density measurements taken within the past 30 days that verify that the facility continues to operate in compliance with all terms and conditions and emissions standards imposed by the FCC (Federal Communications Commission). 111. Confirmation that there is no equipment available that would enhance the safety, efficiency or visibility of the facility or reduce the size of the facility. IV. Confirmation that there are not more appropriate locations available for the facility. v. Confirmation that the facility continues to function as an essential element of the ApplieantlPermittee's network. VI. Documentation of any complaints received by the ApplicantlPermittee since the inception of operations regarding the operation and maintenance of the facility, including the Applicant'slPermittee's actions to address the complaints. SCF All wireless communications facilities, which receive a permit under Chapter 9.70 of the Municipal Code, shall be completed and operational within 180 calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional 180 calendar days upon a showing of good faith efforts to complete the faeility, which shall take into account complications beyond the control of ApplicantlPermittee. If the faeility is not completed and operational by the end of the extension period, then the permit shall expire, and the ApplicantlPermittee must reapply for the permit; however, this provision shall not apply when the ApplicantlPermittee demonstrates to the satisfaction of the Planning and Building Director that the operational delay is due entirely to factors beyond the control of the ApplicantlPermittee, in which event the Direetor may extend the construction time in his or her discretion. SCG Any facility that eeases operating for more than 90 consecutive days shall be considered abandoned. In such an event the ApplicantlPermittee must either 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) remove all elements of the faeility and restore the site. In the event the ApplicantlPermittee fails to apply for permits or perform the removal and restoration within these 90 days, the property owner shall have the facility removed. g: IResos Itgmlrpc04-05 2mupcdp - 8- SCH The equipment enclosure shall be raised two additional courses for a total of 10 feet in height measured from the adjacent grade to mitigate the potential noise impact at the north property line for night time decibel requirements as recommended by Eilar Associates. This increased height should be tapered into the plauned wall height along the eastern and western sides of the enclosure. The access gate to the east should be enhanced to provide noise control through this opening to prevent flanking noise. This gate should be constructed of 18-gauge or thicker sheet metal, with no cracks or gaps as determined by Eilar Associates, and should have an overlapping edge at the hinges and closures. This proposal shall be architecturally integrated to the satisfaction of the Planning and Building Department. The applicant shall demonstrate actual compliance with the City's Noise Ordinance (Chapter 9.32) and Performanee Standards (Chapter 30.40) by way of a post- activation test prior to the City issuing the Final Building Occupancy Permit. The said test shall be conducted by a lieensed acoustical engineer. SCI The equipment enclosures shall be labeled to indicate "Telecommunications Equipment" or equivalent to the satisfaction of the Fire Department. SCJ Prior to issuing a final inspection on the required building permit, the applicant at the discretion of the Planning and Building Department, shall provide a survey from a licensed surveyor or a registered civil engineer verifYing that the facility's height is in compliance with the approved plans. SCK Applicant shall install irrigation for the additional plant and tree specimens being proposed as a result from the project. SCL The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indenmify, hold harmless and defend the City and City's employees relative to the action to approve the project. SCM The Applicant shall also provide 2-3 additional 24" box live tree specimens on-site either within or outside the fenced enclosure, which have a crown height of 45-55 feet. These additional plantings shall provide further screening treatment and appropriate scale for the monopine. SCN The project onee constructed shall eonform to the approved plans. 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 Munieipal Code. Modifications beyond the seope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. g: IResosltgmlrpc04-052mupcdp - 9- Gl STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): 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 ofthe Municipal Code. 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 12 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 Plauning and Building Department. 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 Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building 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. 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 eonditions of this permit are not satisfied, the Plauning and Building Department shall cause a noticed hearing to be set before the authorized agency to determine whether the City of Eneinitas 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. U4 Nothing in this permit shall relieve the applicant from complying with conditions and regulations generally imposed u]Jon activities similar in nature to the activity authorized by this permit. U5 Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that which is speeifically described in this permit. g: \Resos\tgm\rpc04-052mupcdp -10- U7 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformanee with a use permit contained in Section 30.74.105 of the Municipal Code. Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. Bl 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 and structural calculations. Construction plans shall include a site plan, a foundation plan, equipment enclosure floor plan, roof framing plans (if applicable), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the Califomia Building Code (The Uniform Building Code with California Amendments, the Califomia Mechanical, Electrical and Plumbing Codes). 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 CONDlTION(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 numbers shall contrast with their background, and shall be no less in height than: Four inches (4") for single family homes and duplexes; Eight inches (8") for commercial and multi-family residential buildings; and Twelve inches (12") for industrial buildings. g: IResosltgmlrpc04-052mupcdp -11-