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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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