1996-076CITY OF ENCINITAS
COMMUNITY DEVELOPMENT DEPARTMENT
505 So. Vulcan Avenue
Encinitas, CA 92024
(619) 633-2710
NOTICE OF DECISION
DCD-96-76
October 10, 1996
This letter is to inform you that the Director of Community Development has approved your application
for the following Administrative Design Review Permit located in the City of Encinitas:
96-160 ADR (Nextel) - Administrative Design Review to allow a wireless telecommunications facility
for property located at 2191 San Elijo Avenue (APN 261-032-07).
Project Description and Discussion: The applicant proposes a wireless telecommunications facility,
consisting of three roof-mounted "whip" type antennas. The facility will provide radio-telephone
communications coverage for the west Cardiff area.
Section 30.09 of the Municipal Code permits by-right "cellular facilities" in the subject General
Commercial Zone. The Community Development Department determined that the project is subject
to Administrative Design Review, as per Chapter 23 of the Municipal Code.
The Community Development Department has determined that the proposed antennas will not
constitute a significant visual impact to the vicinity. Based upon pre-application discussions with
staff, the applicant has proposed to locate the three whip antennas in a triangular cluster in the center of
the roof of the subject building. The antennae, having a height of 4 ft. above the roof parapet, will not
be prominently visible in the vicinity around the building since the mounting position, as described
above, will allow the antennas to be masked from view (by the roof parapet) by persons in close
proximity to the building. The antennas would begin to become visible when viewed from
approximately 1 - 2 block away.
Due to extensive landscaping in the neighborhood behind the building, residents in this area will not
be subject to significant visual impacts from the antennas. The antennas would be somewhat visible to
motorists traveling on San Elijo Avenue, and the antennas would perhaps be most visible to motorists
traveling on Highway 101, but the distance to the building from Highway 101 is such that the antennas
would not be prominent.
This determination specifies that the antennas be painted a light gray, which will serve to minimize the
visual impact of the devices. No other elements related to the facility will be visible from the
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surrounding area, such as cabling or other equipment (the applicant has secured lease space inside the
building which will be utilized for the radio equipment).
The applicant has submitted a radio emissions report indicating that the facility will generate radio
emissions constituting a small percentage of the standards accepted by the FCC.
The Community Development Department issued a standard public notice and received no adverse
comments regarding the application.
Community Development Department staff determines 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 and conditions below.
This approval is based upon the following findings:
Design Review:
Municipal Code Sections 23.08.074, 076, 077 (site and building design and landscaping) are satisfied
in that the proposed project, consisting of three telecommunications antennae to be located on the roof
of the subject building, will not significantly alter the appearance of the building and will not be
visually prominent from the surrounding area.
The Community Development Department conducted visual surveys of the subject building and
surrounding area and determined that the proposed antennas will not constitute a significant visual
impact to the vicinity, particularly given that the antennas, of four ft. in height in relationship to the
roof parapet, will be clustered in the center of the roof area, with the result being that the roof elements
of the building will screen the antennas from view be persons in the immediate vicinity of the building.
The project site and vicinity provide numerous mature trees to substantially screen the visual impact
of the antennae from points to the east. The antennas may be most visible to motorists traveling on
Highway 101, but the distance to the building from this area would be such that the antennas would
not be prominently visible. The antennas will not project into the sky-line from most vantage points,
and will be painted a neutral gray.
The Radio equipment will be located within the building, and no exterior cabling or related elements
are proposed or permitted.
No landscape changes are proposed with the subject application.
Regarding regulatory conclusions, generally, Section 23.08.072 of the Municipal Code specifies that:
A. The project design must be consistent with the General Plan, a Specific Plan or the provisions of
this Code;
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B. the project design must be substantially consistent with the Design Review Guidelines;
C. the project would not adversely affect the health, safety, or general welfare of the community;
D. and that the project would not tend to cause the surrounding neighborhood to depreciate
materially in appearance or value.
The Community Development Department finds that the proposed project is consistent with the General
Plan given that "cellular facilities" are permitted by-right in the subject General Commercial Zone. No
Specific Plan is applicable.
The project will not tend to cause the surrounding neighborhood to depreciate materially in appearance
or value since the project will cause negligible visual impact to the site and surrounding area, with the
antennas and related equipment being satisfactorily screened.
The project is found to be substantially consistent with the Design Review Guidelines, as per the
above discussion.
It is found that the project would not adversely affect the health, safety, or general welfare of the
community since the radio emissions report submitted by the applicant has been reviewed by
Community Development Department staff and has been found to be adequate in establishing that the
radio facility will comply with established standard recognized by the FCC.
Environmental Review:
The project is found to be exempt from Environmental Review as per CEQA Guidelines Sections
15301(e), 15061.
Coastal Development Permit:
The project is found to be exempt from Coastal Development Permit as per Municipal Code Section
30.80.050.
This approval is subject to the following conditions:
1. This Design Review approval shall expire on October 10, 1998, two years from the date of this
approval, unless development, as approved, is initiated in reliance on this approval.
2. The approved project shall conform to the application and project plans submitted to the City on
September 9, 1996: The project plans shall not be modified without prior city approval.
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3. Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that
specifically described in this permit, including the addition of any antennas or exterior equipment
without prior authorization by the Community Development Department.
4. The three omni whip antennas shall be painted a neutral to light gray. The actual color selection
shall be authorized be the Community Development Department prior to installation.
5. Should the wireless telecommunications facility cease from operations at any time in the future, the
operator shall remove all related facilities and shall restore the site area to an undisturbed
condition, similar to the site prior to the installation of the facility.
6. Nothing in this permit shall relieve the applicant from complying with the conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by this
permit.
7. Approval of this request shall not waive compliance with any sections of the Zoning Code and all
other applicable City Ordinances in effect at the time of Building Permit issuance unless specified
herein.
8. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all
other applicable codes and ordinances in effect at the time of building permit submittal.
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 4:00 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 Jim Kennedy at the Community
Development Department by telephoning (619) 633-2715.
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Sandra Holder
Community Development Director
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