1999-087CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(760) 633-2710
NOTICE OF DECISION
DCD-99-87
September 21, 1999
This letter is to inform you that the Director of Community Development has approved your
application for the following Discretionary Permit for property located in the City of Encinitas:
99-177 ADR/CDP (AT&T, Wireless) - Administrative Design Review application and Coastal
Development Permit to install a three sector directional antenna system with associated equipment
cabinets to be attached to an existing self storage facility located at 801 Birmingham Drive (APN:
260-324-16).
Project Description and Discussion: Section 30.09.57 of the Encinitas Municipal Code permits
by right "cellular facilities" in the Visitor Serving Commercial zone (L-VSC), subject to Design
Review. The applicant proposes to install a three-sector directional antenna system on California
Self Storage located off Birmingham Drive, just east of Interstate 5. The proposal will consist of
wireless services antenna mounted inside a new screen enclosure. The enclosure will be mounted
on the roof and will be approximately 7' above the existing roof. Materials, finishes, and colors
will match the existing building, similar to the Pacific Bell screen structure on site. Equipment for
the services will be located inside 2 existing storage units.
A standard public notification was issued for the project, with no comments received.
Community Development staff has determined that the overall design of the project is acceptable
and that other potential impacts associated with the project will be insignificant, as per the findings
below.
FINDINGS FOR DESIGN REVIEW
STANDARD: Section 23.08.072 of the Encinitas Municipal Code provides that an
application for a design review permit must be granted unless, based upon the information
presented in the application and during staff analysis, the authorized agency makes any of
the following regulatory conclusions:
Regarding regulatory conclusions, generally, Section 23.08.072 of the Municipal Code specifies
that:
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A. The project design is inconsistent with the General Plan, a Specific Plan or the
provisions of the Municipal Code.
B. The project design is substantially inconsistent with the Design Review Guidelines.
C. The project would adversely affect the health, safety, or general welfare of the
community.
D. The project would cause the surrounding neighborhood to depreciate materially in
appearance or value.
Conclusion: The Community Development Department finds that the proposed project is
consistent with the General Plan given that the project will allow for a three sector directional
antenna system which is allowed by right in the Visitor Serving Commercial (L-VSC) zone subject
to design review. The project is found to be substantially consistent with the Design Review
Guidelines and Municipal Code Sections since the roof-mounted antenna system will be screened
to blend with the existing storage building. The proposal is consistent with the Municipal Code and
the subject site is not within the boundaries of a Specific Plan.
No aspect of the project has been identified which would adversely affect the health, safety, or
general welfare of the community, and because no aspect of the project has been identified which
would cause the surrounding neighborhood to depreciate materially in appearance or value.
FINDINGS FOR 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 21000 and following 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.
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.
Conclusion: The City's General Plan and Municipal Code are applicable components of the City's
Local Coastal Plan. The subject zoning is L-VSC, which permits the proposed communications system.
No aspect of the project has been identified which could have an adverse impact on coastal resources or
any natural resources. The project will comply with the applicable development standards as per the
Encinitas Municipal Code. Since the project complies with all applicable provisions of the City's
Municipal Code, the Community Development Department finds that the project is consistent with the
certified Local Coastal Program of the City of Encinitas and that required finding #2 is not applicable
since no significant adverse environmental impact is associated with the project. Finding #3 is not
applicable because the project site is not between the sea or other body of water and the nearest public
road.
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The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local
Coastal Program.
California Environmental Quality Act: The project is found to be exempt from Environmental
Review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303.
This approval is subject to the following conditions:
G1 STANDARD CONDITIONS:
CONTACT THE COMMUNITY DEVELOPMENT 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 of the 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.
SC1 SPECIFIC CONDITIONS:
SCA The operator of the approved telecommunications facility shall not rely on any lease
agreement or other means to exclude any other similar telecommunications operator from
locating on the subject property and in the same vicinity of the approved site.
SCB If at sometime in the future the facility becomes non-operative, the responsible parry
controlling the facility shall remove all elements of the facility, to the satisfaction of the
Community Development Department.
SCC Prior to final inspection, the proposed equipment shelter and roof-top screen enclosure shall
be painted/finished to match the color of the existing storage facility, to the satisfaction of
the Community Development Department.
SC2 This approval will expire on September 21, 2001, at 5:00 PM, 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.
SC6 This project is conditionally approved asset forth on the application and project plans dated
received by the City on July 6, 1999, consisting of 6 sheets including Site Plan, Roof Plan,
and Exterior Elevations, all designated as approved by the Community Development
Director on September 21, 1999, and shall not be altered without express authorization by
the Community Development Department.
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DR1 Any future modifications to the approved project will be reviewed relative to the findings
for substantial conformance with a design review permit contained in Section 23.08.140 of
the Municipal Code. Modifications beyond the scope described therein may require
submittal and approval of an amendment of the design review permit by the authorized
agency.
BI 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 plan(s),
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.
In accordance with the provisions of Municipal Code Chapter 1. 12, this decision may be appealed
to the City Council within fifteen (15) calendar days of the date of this determination. The appeal
must be filed, accompanied by a $100.00 filing fee, prior to 5:00 PM on the 15th calendar day
following the date of this notice of decision. This notice constitutes a decision of the Community
Development Department only. Additional permits, including Building Permits, may be required
by the Building Department or other City Departments. It is the property owner or applicant's
responsibility to obtain all necessary permits required for the type of project proposed.
If you have any questions regarding this determination, please contact Christopher Miller at the
Community Development Department by telephoning (760) 633-2718.
• ~-Q~C._ C~s
andra Holder
Community Development Director
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