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2009-34RESOLUTION NO. PC 2009-34 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 MEDIAFLO, INC., CONSISTING OF ONE ANTENNA MOUNTED AT AN ELEVATION OF 72 FEET ON AN EXISTING "MONOPINE" WIRELESS TELECOMMUNICATIONS FACILITY AND THE CONSTRUCTION OF ONE EQUIPMENT CABINENT AND TWO SATELLITE DISHES WITHIN AN EXISTING EQUIPMENT ENCLOSURE FOR A PROPERTY LOCATED AT 291 ZONA GALE ROAD. (CASE NO. 09-045 MUP/CDP; APN: 257-401-10) . WHEREAS, a request for consideration of a Major Use Permit and Coastal Development Permit was filed by MediaFLO, Inc. to allow for the installation of a co-location wireless telecommunications facility consisting of one antenna mounted at an elevation of 72 feet on an existing monopine and the construction of one equipment cabinet and two satellite dishes within a fenced 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 ATTACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on December 17, 2009, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The December 17, 2009 agenda report to the Planning Commission with attachments; 2. The General Plan, Municipal Code, Local Coastal Program and associated Land Use Maps; 3. Oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; 5. Project drawings consisting of six sheets total, including Title Sheet (Sheet T01), Site Plan (Sheet Z01), Area Plan (Sheet Z02), Elevations (Sheet Z03 and Z04), and Antenna Details Plan (Sheet Z05), all stamped received by the City of Encinitas on October 27, 2009; and colored photo simulations dated received on June 18, 2009; and PBD/TGM/t:\Resos\rpc09-045mupedp -1- WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.74 (Conditional Use Permit) and 30.80 (Coastal Development Permit) of the Encinitas Municipal Code: (SEE ATTACHMENT "B") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 09-045 MUP/CDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgment, finds that this project has been determined to be exempt from environmental review pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. Section 15303 exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. PASSED AND ADOPTED this 17th day of December 2009, by the following vote, to wit: AYES: Chapo, Felker, Shannon, Steyaert, Van Slyke NAYS: None ABSENT: None ABSTAIN: None 9VVanS11yykZe,ChaiJ/of Pa e Encinitas Planning Commission ATTEST: As 0" Patrick Murphi/ Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/TGM/t: \Resos\rpc09-045mup cdp -2- ATTACHMENT "A" Resolution No. PC 2009-34 Case No. 09-045 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 89°08'26" West (North 89°07'47" West per Map No. 10140) 163.89 feet to the True Point of Beginning; thence leaving said Southerly line North 00°57'28" East 15.00 feet to a corner 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 File/Page 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 District, North 00°57'28" East 150.01 feet (North 00°52' 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 89°05'28" 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 01'07'16" West (South 01'07'45 " 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 89°08'26" East (South 89°07'47" East per Map No. 10140) 120.25 feet to the True Point of Beginning. Assessor's Parcel Number: 257-401-10-00 PBD/TGM/t:\Resos\rpc09-045 mupcdp -3- ATTACHMENT "B" Resolution No. PC 2009-34 Case No. 09-045 MUP/CDP FINDINGS. FOR MAJOR USE PERMIT STANDARD: Section 30.74.070 of the 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: 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 proj ect; 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. Facts: The applicant proposes the co-location and installation of a wireless telecommunications facility to operate and maintain a MediaFLO UHF system consisting of one panel antenna mounted on an existing monopine and the construction of one- equipment cabinet and two satellite dishes within an existing 50-foot by 50-foot fenced lease area. The MediaFLO antenna will be located at an elevation of 72 feet on the existing monopine as measured from the finished grade.. The project site is zoned R-3. Discussion: The proposed co-location wireless facility will not adversely affect the character of the surrounding community and will not significantly increase the intensity of the existing use on the project site. The proposed equipment enclosure and the proposed solid eight-foot tall fence structure with vines to match the existing vines utilized on the existing perimeter fence on the site conceals the equipment. All public facilities, services, and utilities are in place to serve the project. The Planning Commission has determined the proposed project as designed is compatible both visually, and as a continued land use, with the on-site and surrounding uses. The facility will not create conflicts with existing buildings or structures, and will not disturb the existing uses within the vicinity as noise generated by the facility has been demonstrated to be below Encinitas Municipal Code limitations according to the noise study prepared by Eilar Associates lnc. The project is exempt from environmental review pursuant to Section 15303, which exempts the construction and location of limited numbers of new, small facilities or structures. Conclusion: The Planning Commission finds that the location, size, design and characteristics of the proposed project are compatible with the existing buildings and will PBD/TGM/t:\Resos\rpc09-045mupcdp -4- 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 Municipal Code, approval of a Major Use Permit is required for a wireless telecommunications facility located within a residential zone such as the proposed facility. All of the supplementary materials required by Section 9.70.080, have been submitted and found to be adequate by staff and the City's third party wireless communication facilities consultant. Discussion: The use is 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, abandonment, and decommissioning. The project, as proposed, complies with all requirements of the Wireless Telecommunications Facilities Ordinance. Through the mitigation of adding a wood fence along the east and northeast portion of the 50-foot by 50-foot equipment enclosure, the MediaFLO equipment and the enclosure will comply with Chapter 9.32 (Noise Abatement and Control) and Chapter 30.40 (Performance Standards) of the Municipal Code. MediaFLO, Inc. has demonstrated that the proposed project will comply with the FCC regulations for RF safety. The output power from the antenna will be 12,000 watts based on Sitesafe, Inc. calculations. The maximum public RF exposure from this MediaFLO UHF facility is calculated to be 11.28% of the FCC public safety standard. The maximum cumulative exposure from all existing wireless telecommunications facilities on-site and the proposed MediaFLO telecommunications facility will be less than 12.28% of the public safety standard. 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 conditions to ensure compliance with all City ordinances and requirements. Conclusion: The Planning Commission finds that the impacts of the proposed project will not adversely affect the policies of the Encinitas 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. PBD/TGM/t: \Resos\rpc09-045 mupcdp -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 findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a Coastal Development Permit: 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 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 property is located 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 environmental impacts associated with the project. The project has been determined to be exempt from environmental review pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. Section 15303 exempts the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 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 access to coastal resources. Conclusion: The Planning Commission finds that: 1) the project is consistent with the certified Local Coastal. Program of the City of Encinitas; 2) no potentially significant adverse impacts to the environment will result, and the project is exempt from environmental review pursuant to Section 15303 of the CEQA Guidelines, and 3) the proposed development will not impact public access to coastal resources. PBD/TGM/t:\Resos\rpc09-045mupcdp -6- ATTACHMENT "C" Resolution No. PC 2009-34 Case No. 09-045 MUP/CDP Applicant: MediaFLO, Inc. Location: 291 Zona Gale Road (257-401-10) SCI SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on December 17, 2011 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 scheduled 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 of the date of the determination. SC5 This project is conditionally approved as set forth on the application and project drawings consisting of six sheets total, including Title Sheet (Sheet T01), Site Plan (Sheet Z01), Area Plan (Sheet Z02), Elevations (Sheet Z03 and Z04), and Antenna Details Plan (Sheet Z05) all stamped received by the City of Encinitas on October 27, 2009; colored photo simulations dated received on June 18, 2009, all designated as approved by the Planning Commission on December 17, 2009, and shall not be altered without express authorization by the Planning and Building Department. The following conditions shall be completed and/or fulfilled to the satisfaction of the Planning and Building Department: SCA 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 replaced within 30 calendar days. SCB Routine maintenance may be conducted only during the hours of 8 a.m. to 3 p.m. on weekdays, not including holidays. Prior notification of routine maintenance shall be submitted to the Planning and Building Department 7 days in advance. 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. SCC Once the wireless communications facility is operating, the City may require the Applicant/Permittee to submit documentation that the facility is operating within the technical standards as described in the application and the Federal Communications Commission (FCC) permit. Independent field strength or power density measurements PBD/TGM/t:\Resos\rpc09-045mupcdp -7- shall be provided to the Planning and Building Director within 30 days of written request to the Applicant/Permittee. SCD Within thirty days before or after the first annual anniversary of when the City issues any permit authorized by Chapter 9.70 of the Municipal Code, and thereafter at five- year intervals, the Applicant/Permittee shall submit the following information, in writing, to the Planning and Building Director: i. Confirmation that the facility continues to operate in compliance with all terms and conditions of approval by the City. ii. 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 Federal Communications Commission (FCC). iii. 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 Applicant/Permittee's network. vi. Documentation of any complaints received by the Applicant/Permittee since the inception of operations regarding the operation and maintenance of the facility, including the Applicant's/Permittee's actions to address the complaints. SCE 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 facility, which shall take into account complications beyond the control of Applicant/Permittee. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the Applicant/Permittee must reapply for the permit; however, this provision shall not apply when the Applicant/Permittee demonstrates to the satisfaction of the Planning and Building Director that the operational delay is due entirely to factors beyond the control of the Applicant/Permittee, in which event the Director may extend the construction time in his or her discretion. SCF Any facility that ceases operating for more than 90 consecutive days shall be considered abandoned. In such an event the Applicant/Permittee must either 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) remove all elements of the facility and restore the site. In the event the Applicant/Permittee fails to apply for permits or perform the removal and restoration within these 90 days, the property owner shall have the facility removed. SCG The existing chain link fence on the southern portion of the site, and part of the eastern part of the 50-foot by 50-foot lease area (as shown on the approved plan sets dated received by the City on October 27, 2009) shall be removed and replaced with a noise attenuating, eight-foot in height, solid wood fence. The fence shall have no cracks, gaps PBD/TGM/t:\Resos\rpc09-045mupcdp -8- or openings through or below the wall. All cracks or gaps shall be sealed or caulked. The wood used on the fence shall be of tongue-and-groove construction and must be at least 7/8-inch thick or have a density of at least three and one-half pounds per square- foot. Any doors or gates must be designed with overlapping closures on the bottom and sides and meet the minimum specifications of the wall materials described above. The applicant shall demonstrate actual compliance with the City's Noise Ordinance (Chapter 9.32) and Performance Standards (Chapter 30.40) by way of a post-activation test prior to the City issuing the Final Building Occupancy Permit. That test shall be conducted by a licensed acoustical engineer and be presented to the Planning and Building Department via a noise impact analysis letter report. Additional noise assessments of the subject property .may be required of the owner/applicant at the discretion of the City of Encinitas. SCH 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. SCI Applicant shall install irrigation for the additional plant specimens being proposed with the proj ect. SCJ The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. SCK The project once constructed shall conform 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 Municipal Code. Modifications beyond the scope described therein will require submittal of an amendment to the use permit and approval by the authorized agency. SCL The applicant shall not enter into any special arrangements or take any actions precluding any other wireless telecommunications providers from utilizing the site as a base of operations unless it is demonstrated to the satisfaction of the Planning and Building Department that any such preclusion was predicated upon verifiable technical considerations, such as potential radio interference. SCM MediaFLO shall place and maintain permanent RF Notice signs in English and Spanish on all major sides of the fence enclosing the facility, and on each swing gate of the enclosure fence. The signage must be a minimum of eight-inch wide by 12-inch high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone phone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC. The location of the sign must ensure that anyone approaching may clearly see the sign before entering. any controlled RF area. PBD/TGM/t: \Resos\rpc09-045mupcdp -9- SCN MediaFLO shall place and maintain permanent RF Notice signs in English and Spanish at the entry to its transmitter equipment enclosure. The signage must be a minimum of eight-inch wide by 12-inch high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. The. signage must be a minimum of eight- inch wide by 12-inch high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone phone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC. The location of the sign must ensure that anyone approaching may clearly see the sign before entering the equipment enclosure. SCO Prior to unattended operations of this project, MediaFLO shall be required to conduct post-installation RF testing to demonstrate actual compliance with the applicable FCC OET Bulletin 65 RF safety rules for uncontrolled/general population RE exposure. The testing must include all outdoors areas surrounding the project, and also must include the top of the adjacent water tank. SCP The testing in Specific Condition SCO must be coordinated with and observed by the City or its representative. The test measurement observations shall be recorded in a written report and shall specify the location of the measurement, the peak measured signal strength in units of mW/cm2, and shall also provide full measurement equipment identification and current calibration certificate(s). SCQ MediaFLO must tender a technically accurate and comprehensive written compliance report of the testing required in Specific Condition SCO to the City for review no less than 10 calendar days prior to unattended operations of its project. SCR All signage required in Specific Conditions SCM and SCN shall be located and permanently installed prior to the testing required under Specific Condition SCO. SCS If the written compliance report required in Specific Condition SCQ indicates that any tested areas, or the top of the nearby water tank exceed the FCC OET Bulletin 65 general population standards, MediaFLO shall file with the City a technically accurate and comprehensive written plan at the same time it submits its written report in Specific Condition SCQ to explain in technical detail how it will physically exclude the general population from the affected areas. Such plan shall not be unreasonably denied or delayed by the City. SCT MediaFLO shall execute the plan required in Specific Condition SCS as approved by the City prior to commencement of unattended operations of this project. MediaFLO shall demonstrate to the City prior to commencement of unattended operations of this project that the plan as implemented complies with the FCC OET Bulletin 65 RF safety requirements as to members of the general population. If reasonably necessary to determine compliance with this Condition, the City may require additional RF testing to demonstrate that all areas on or within the building subject to RF emissions in excess of PBD/TGM/t:\Resos\rpc09-045mupedp -10- the FCC OET Bulletin 65 uncontrolled/general population standards are access controlled as required by the FCC. SCU MediaFLO shall promptly reimburse the City for all of the City's actual costs in observing the testing and reviewing the report for compliance with the FCC OET Bulletin 65 RF safety requirements, and if necessary for verifying any subsequent remedial measures required to demonstrate actual compliance with the FCC radio frequency emission rules and FCC OET Bulletin 65. SCV Full initial and ongoing compliance with all FCC RF safety rules (47 CFR § 1.1301 et seq and FCC OET Bulletin 65 as may be amended or superseded or replaced) is a. continuing material condition of grant of the permit. SCW The MediaFLO antenna proposed at the 72-foot elevation on the existing monopine shall be painted to match the existing bark cladding so as to camoflauge the antenna to the satisfaction of the Planning and Building Department. Utilizing multiple brown paint tones may be necessary to accomplish this. SCX A landscape and irrigation plan shall be provided with the building permit plancheck submittal showing the proposed vines on the proposed wood fence to match the existing vines around the equipment enclosure to the satisfaction of the Planning and Building Department. This plan shall be approved prior to building permit issuance. 1. The fence shall be painted to match the existing wood fence on the west portion of the 50-foot by 50-foot lease area. enclosure. The following conditions shall be completed and/or fulfilled to the satisfaction of the Encinitas Fire Department: SCY The equipment enclosures shall be labeled to indicate "Telecommunications Equipment" or equivalent to the satisfaction of the Fire Department. A sign identifying the electrical power shutoff shall be posted to the satisfaction of the Fire Department. Emergency contact information shall be labeled on the enclosure to the satisfaction of the Fire Department prior to Certificate of Occupancy.. The signage shall remain in good condition in perpetuity. 1. The owner/applicant shall provide a Knox key box for emergency Fire Department Access. d The following conditions shall be completed and/or fulfilled to the satisfaction of the Olivenhain Municipal Water District (OMWD): SCZ The owner/applicant shall comply with the District's fees, charges, rules and regulations, including but not limited to, all the rules and regulations set forth by the District's Drought Ordinance 364. PBD/TGM/t: \Resos\rpc09-045mupcdp -11- 1. The owner/applicant shall be required to show all existing and proposed water facilities on the. building permit, improvement or grading plans sets for District approval, including the location of the water meter that services the property. 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 of the Municipal Code. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. 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. G12 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 Planning and Building Department. G13 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. L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for, the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the proj ect. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation PBD/TGM/t: \Resos\rpc09-045mupcdp -12- systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). U1 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 conditions of this permit are not satisfied, the Planning and Building Department shall cause a noticed hearing to be set before 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 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 upon 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 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 of an amendment to the use permit and approval by the authorized agency. B1 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 California Building Code (The Uniform Building Code with California Amendments, the California 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. PBD/TGM/t:\Resos\rpc09-045mupcdp -13-