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
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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.
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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
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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
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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.
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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 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.
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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
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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
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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.
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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
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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.
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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
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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.
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