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2011-22RESOLiJTION NO. PC 2011-22 A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION APPROVING A MAJOR USE PERMIT MODIFICATION AND COASTAL DEVELOPMENT PERMIT TO UPGRADE AN EXISTING WIRELESS TELECOMMUNICATIONS FACILITY BY REPLACING TWELVE EXISTING 4- FOOT PANEL ANTENNAS WITH SIX 6-FOOT PANEL ANTENNAS AND SIX 6-FOOT LONG TERM EVOLUTION (LTE) ANTENNAS, ALL FA�ADE MOUNTED AND SHIELDED WITHIN EXISTING RF TRANSPARENT SCREENING MATERIALS AND ASSOCIATED EQUIPMENT ON AN EXISTING COMMUNITY AND SENIOR CENTER FACILITY FOR THE PROPERTY LOCATED AT 1140 CL-A OAKCREST PARK DRIVE. (CASE NO. 11-069 MUPMOD/CDP; APN: 259-320-10) WHEREAS, a request for consideration of a Major Use Permit Modification and Coastal Development Permit filed by Karen Adler of P1anCom Inc. on behalf of AT&T Mobility LLC to modify an existing telecommunications facility by replacing 12 existing 4-foot panel antennas with six 6-foot panel antennas and six 6-foot LTE antennas, all facade mounted and shielded within existing RF-transparent materials, and the installation of two equipment cabinets on existing galvanized steel platform, three new surge suppressors, one GPS antenna, and six remote radio unit systems on the roof of an existing Community and Senior Center facility in accordance with Chapter 30.74 (IJse Pernuts), Chapter 9.70 (Wireless Communication Facilities), and Chapter 30.80 (Coastal Development Permit) of the Encinitas Municipal Code, for the property located in the Ecological Resource/Open Space/Parks (ER/OS/PK) zone and within the Coastal Zone, legally described as: (SEE ATTACHMENT "A") WHEREAS, the Planning Commission conducted a noticed public hearing on the application on September 1, 2011, at which time all those desiring to be heard were heard; and WHEREAS, the Planning Commission considered, without limitation: 1. The September 1, 2011 agenda report to the Planning Commission with attachments; 2. The General Plan, Local Coastal Program, Municipal Code and associated Land Use Maps; 3. Any oral evidence submitted at the hearing; 4. Written evidence submitted at the hearing; S. Project drawings consisting of six (6) sheets total, including Title Sheet (Sheet T- 1), Site Plan (Sheet A-1), Roof Plan (Sheet A-2), Antenna and Equipment Plans (Sheet A-3), Exterior Elevations (Sheet A-4), and Details (Sheet A-5), all stamped received by the City of Encinitas on May 9, 2011; and the project photo simulations presented at the hearing stamped received by the City of Encinitas on May 9, 201 l; and PBD/RS/T:�Resolution�RPCl 1-069MUPMODCDP.doc - 1 - WHEREAS, the Plaruiing Commission made the following findings pursuant to Chapter 30.74 (Use Permit) and Chapter 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 Case No. 11-069 MUPMOD/CDP subject to the following conditions: (SEE ATTACHMENT "C") BE IT FURTHER RESOLVED that the project has been determined to be exempt from environmental review pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, which 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 ls` day of September, 2011, by the following vote, to wit: AYES: Felker, Groseclose, O'Grady & Shannon NAYS: Brandenburg ABSENT: None ABSTAIN: None i �� � �� : Jo Ann S annon, Chair of the Planning Commission of the j City of Encinitas ✓ ATTEST: y ���v.._���_ trick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. PBD/RS/T:�Resolution�RPCll-069MUPMODCDP.doc - 2 - ATTACHMENT "A" Resolution No. PC 2011-22 Case No. 11-069 MUPMOD/CDP LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFOIZNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHII' 13, SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAN THEREOF, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY MAP NO. 8985, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 8, 1982 AS FILE NO. 82-097061. THENCE LONG THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP SOUTH 88° 37' S5" EAST 12.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES EASTERLY OF THE CENTERLINE OF BALOUR DRIVE AS SHOWN ON SAID RECORD OF SURVEY MAP; THENCE NORTH O1° 34' 37" EAST 60.11 FEET TO A POINT OF CUSP OF TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 30.00 FEET AND THE TRUE POINT OF BEGINNING, ALSO BEING A POINT ON THE NORTHERLY LINE OF ROAD EASEMENT PER DOCUMENT NO. 2000-0399784 O.R. AND RECORD OF SURVEY MAP NO. 16547, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON APRIL 13, 2000 AS FILE NO. 2000-192625, A RADIAL LIlVE TO A SAID POINT BEARS NORTH 88° 25' 23" WEST; THENCE ALONG SAID NORTHERLY LINE, SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 12' 32" AN ARCH LENGTH OF 47.23 FEET; THENCE CONTINUING ALONG SAID NORTHERLY L1NE TANGENT TO A SAID CURVE ON A LINE WHICH IS PARALLEL WITH AND 30.0 FEET, MEASURED AT RIGHT ANGLES, NORTHERLY OF THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP NO. 8985; THENCE SOUTH 88° 3T 55" EAST PARALLEL WITH SAID SOUTHERLY LINE 366.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADNS OF 230.00 FEET; THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 23' S1" AN ARC LENGTH OF 77.87 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADNS OF 170.00 FEET; A RADIAL BEARING TO SAID POINT BEARS SOUTH 20° 45' S6" WEST; PBD/RS/T:�Resolution�RPCl 1-069MUPMODCDP.doc - 3 - THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 12' 12" AN ARC LENGTH OF 54.01 FEET; THENCE TANGENT TO SAID CURVE ALONG SAID NORTHERLY LINE SOUTH 87°26' 16" EAST 110.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 66.00 FEET; THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAI, ANGLE OF 21° 21' 25" AN ARC LENGTH OF 24.60 FEET TO THE 1NTERSECTION WITH THE SOUTHERLY LINE OF SAID RECORD OF SURVEY MAP NO. 8985; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88° 37' S5" EAST 30.96 FEET TO THE SOUTHWESTERLY CORNER OF THE 2ND EXCEPTION PARCEL IN GRANT DEED RECORDED FEBRUARY 20, 1976 AS FILE NO. 76-048720; THENCE LEAVING SAID SOUTHERLY L1NE ALONG THE WESTERLY LINE OF SAID EXCEPTION PARCEL NORTH O1° 03' 31" EAST 140.00 FEET (RECORD NORTH O1° 02' 44" EAST) TO THE NORTHWESTERLY CORNER THEREOF; THENCE LEAVING SAID EXCEPTION PARCEL BOUNDARY NORTH 25° 44' 08" WEST 700.82 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADNS OF 745.00 FEET AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 8985, SAID CURVE IS CONCENTRIC WITH AND 55.00 FEET SOUTHERLY FROM THE CENTERLINE OF ENCIl�IITAS BOULEVARD, MEASURED RADIALLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 12° 47' 09" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 29' 49" AN ARC LENGTH OF 188.50 FEET. THENCE TANGENT TO SAID CURVE ALONG A LINE WHICH IS PARALLEL WITH AND 55.00 FEET; MEASURED AT RIGHT ANGLES, SOUTHEASTERLY OF THE CENTERLINE OF SAID ENCINITAS BOULEVARD AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 8985; THENCE ALONG SAID TANGENT LINE SOUTH 62° 43' 02" WEST 209.26 FEET TO THE BEGINNING OF A TANGENT CONCAVE SOUTH�ASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61° 08' 25" AN ARC LENUTH OF 21.34 FEET; THENCE TANGENT TO SAID CURVE ALUNG A LINE �JVHICH IS PARALLEL WITH AND 42.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY OF THE CENTERLINE OF BALOUR DRIVE �iS SHOWN ON SAID RECORU OF SL'RVEY MAP NO. 8985; THENCE ALONG SAID TANrENT LINE SOUTH O1° �4' 37" WEST 517.34 FEET TO THE TRUE POINT OF BEGIN:�IING. PBD/RS/T:�Resolutio�i�RPCI l-Ou9MiJPMOBCDP.dec - 4 - ATTACHMENT "B" Resolution No. PC 2011-22 Case No. 11-069 MUPMOD/CDP FINDINGS FOR USE PERMIT STANDARD: In accordance with Section 30.74.070 of the Municipal Code, a use permit application shall be approved unless findings of fact are made, based upon the information presented in the application or during the hearing, which support one or more of the following conclusions: 1. 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; and b. The unsuitability of the site for the type and intensity of use or development which is proposed; and The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The project site is located at 1140 Oakcrest Park Drive, also known as the City of Encinitas Community and Senior Center. The site is developed with a single-story structure which includes a gymnasium facility and a senior activity center and open space reserve park and accessory buildings. The surrounding neighborhood consists of a Junior High School (zoned P/SP) to the south, multi-family residential (zoned R-25) to the north, single- family residential (zoned R-5) to the east and the City of Encinitas Fire Station to the west. The applicant proposes to upgrade an existing telecommunications facility by replacing 12 existing 4-foot panel antennas with six 6-foot panel antennas and six 6-foot LTE antennas, all facade mounted and shielded within RF-transparent materials, on an existing Community and Senior Center facility. The installations of two (2) equipment cabinets on an existing galvanized steel platform, one GPS antenna, three (3) surge suppressors and 6 remote radio unit systems (RRUS) on the roof of the existing structure are also being proposed. No changes to the exterior of the building are proposed as part of this application. Discussion: All required public facilities, services and utilities are in place to serve the proposed wireless communication facility. The project as proposed complies with all requirements of the Wireless Telecommunications Facilities Ordinance, Chapter 9.70. No harmful effect on the environmental quality or natural resources of the City is anticipated and the project has been determined to be exempt from environmental review pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, which exempts the location and installation of small new equipment or facilities. The overall PBD/RS/T:�Resolutions�RPCI 1-069MUPMODCDP.doc _ 5 _ design of the proposed wireless telecommunications facility will blend in with the existing building design and local community character. Conclusion: The Planning Commission finds that the wireless telecommunications facility as proposed will be compatible with 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 ar the provisions of the Municipal Code; and The project fails to comply with any other regulations, conditions, or policies imposed by the Municipal Code. Facts: The City retained a Third Party Wireless Consultant, Kramer Firm Inc., to review and assess the technical data of the proposed wireless facility. The consultant reviewed the radio frequency components of the application, including the present and proposed coverage maps, the physical elements related to the transmission equipment, and the detailed RF analysis prepared by Frank Yang of Telnet Inc. Discussion: Kramer Firm, Inc. through a review of 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 with the addition of Conditions of Approval which require the installation of alternating bright color floor stripes in front of Sector C and to maintain clearly visible, permanent RF warning signs at/on any roof access ladders, hatches and adjacent to each of the three antenna sectors. With the approval of the Major Use Permit Modification requested by the subject application, the proposed modifications to the exisring cellular facility will comply with all applicable Sections of the Municipal Code, including the requirements of Chapter 9.70, Wireless Communication Facilities. The materials submitted and explanations given by the applicant are sufficient documentation of effort to consider reasonable alternative sites as per EMC Section 9.70.080.1. Regarding EMC Chapter 9.70.080.2 (Design), the applicant is proposing no changes to the exterior of the existing building. Regarding EMC Section 9.70.080.3 (Operational Plan), the project is subject to a series of conditions that assure compliance with that Code Section, and the applicant has supplied a compliant operational plan for the proposed installation with the project application. Conclusion: The Planning Commission finds that the proposed modifications to an existing wireless telecommunications facility will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code and that the proposed wireless telecommunications facility complies with all regulations, conditions, and policies imposed by the Municipal Code. PBD/RS/T:�Resolutions�RPC 11-069MUPMODCDP.doc -6- 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: 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 which would substantially lessen any significant adverse impact that the activity may have on the environment; and 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. Facts: The applicant proposes upgrades to an existing wireless telecommunications facility for AT&T Mobility on an existing Community and Senior Center building within the Community of Old Encinitas in the City of Encinitas Discussion: Related to finding No. 1, with the approval of the Major Use Permit Modification and Coastal Development Permit request, as conditioned the proposed project will comply with all applicable Sections of the City's Municipal Code, General Plan, and certified Local Coastal Program. Related to finding No. 2, no adverse impacts to the environment are associated with the project and the project is exempt from the requirements of CEQA as per Section 15303 of the CEQA Guidelines. The subject site is located on Oakcrest Park Drive; therefore finding No. 3 is not applicable since the project is not located between the sea or other body of water and the nearest public road. 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 the requirements of CEQA, and 3) finding No. 3 is not applicable to the project since it is not located between the sea or other body of water and the nearest public road. PBD/RS/T:�Resolurions�RPCI 1-069MUPMODCDP.doc _ � _ ATTACHMENT "C" Resolution No. PC 2011-22 Case No. 11-069 MUPMOD/CDP Applicant: AT&T Mobility LLC, PlanCom Location: 1140 CL-A Oakcrest Park Drive (APN 259-320-10) SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, on August 4, 2013, at 5:00 p.m., 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. SCS This project is conditionally approved as set forth on the application and project drawings consisting of six (6) sheets total, including Title Sheet (Sheet T-1), Site Plan (Sheet A-1), Roof Plan (Sheet A-2), Antenna and Equipment Plans (Sheet A-3), Exteriar Elevations (Sheet A-4), and Details (Sheet A-5), all stamped received by the City of Encinitas on May 9, 2011; and shall not be altered without express authorization by the Planning and Building Department. SCA All conditions of approval contained in Resolution No. PC-2006-61 approving Case No. OS- 249 MUP/CDP shall remain in full force and effect unless specifically modified herein. SCB The applicant shall not enter into any special arrangements or take any actions precluding any other 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. SCC All facilities and related equipments 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. SCD Routine maintenance shall be conducted only during the hours of 8 a.m. to 5 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. SCE Once the wireless communications facility is operating, the City may require the Applicant/Permittee to submit documentation that the facility is operating within the PBD/RS/T:�Resolurions�RPC 11-069MiIPMODCDP.doc -8- technical standards as described in the application and the 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 Applicant/Permittee. SCF 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. Confirtnation 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. IIL 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. SCG 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. SCH Any facility that ceases operation 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. PBD/RS/T:�Resolutions�RPC 11-069MUPMODCDP.doc -9- SCI Prior to issuing a final inspection on the required building permit, all of the following conditions shall be completed to the satisfaction of the Planning and Building Department: 1. AT&T shall install and at all times maintain in good condition an RF Caution sign in English and Spanish immediately adjacent to each roof access point in locations where they will be clearly seen before opening the roof hatch and exiting to the roof. 2. The signage in Condition 1 shall also indicate that persons may transit through but not remain in areas of the roof within the striped area for a period greater than 15 minutes. 3. AT&T shall install and at all times maintain in good condition RF Notice signs in English and Spanish immediately adjacent to the rear of the antenna arrays at Sectors A and B in locations where they will be clearly seen from the angel of approach before reaching the antennas. 4. AT&T shall install and at all times maintain in good condition RF Caution sings in English and Spanish immediately adjacent to the front of the antenna array at Sector C in a location where they will be clearly seen from the angle of approach before entering any time-limited controlled zone in front of Sector C antennas. 5. Generally consistent with Figure I contained in Kramer's Wireless Report/Memorandum dated August 15, 2011, AT&T shall install and at all times maintain in good condition alternating bright color floor stripes in front of Sector C and extending the western wall edge of the building which clearly indicate the boundaries of the access-controlled zone. 6. If any personnel is required to be in the controlled zone areas for greater than 15 minutes (i.e. to perform repairs on the skylights or other equipment), AT&T shall cease all transmissions from the panel antennas in Sector C during the work period. 7. All roof access doors shall remain locked at all times, except during active maintenance by AT&T personnel. 8. All signage specified above shall be a minimum of 8-inches wide by 12-inches 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 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 shall ensure that anyone approaching may clearly see the sign before entering any controlled RF area. 9. AT&T is fully responsible for compliance with all FCC rules applicable to this site including, without limitation, compliance with 47 C.F.R. § 1.1307 et seq. SCJ Within 10 days after site activation and optimization, the ApplicandOwner shall conduct an on-site test to verify that all rooftop markings fully contain any RF emissions that equal or exceed the FCC OET 65 general population/uncontrolled standard. Such testing shall be consistent with FCC OET 65, and shall be coordinated with the City, and shall be subject to monitoring by the City or its authorized representative. The testing shall be conducted on the roof behind the Sector A& B antennas, and on the roof in front of and behind the Sector C antennas. Such testing shall be observed by the City at Applicant's expense, and the Applicant shall prepare a written report within 10 days after testing, that provides the test protocols and findings, and any additional steps (if any) required to control access by the general public. The Applicant/Owner shall promptly complete those required steps, and shall document the steps taken in a report to the City. The ApplicandOwner shall promptly PBD/RS/T:�Resolutions�RPCI 1-069MUPMODCDP.doc - 10 - reimburse the City's costs of monitoring the testing and reviewing the reports, and any steps taken. SCK The applicant shall obtain approval as to the final design details of the proposed facility from the City of Encinitas Parks and Recreation Department prior to issuance of building permit for the proposed project. SCL The proposed antennas (including the GPS antenna) and equipment shall not extend above the top of existing RF transparent screening walls. SCM Any future modifications to the RF-transparent screening wall warranted during the building permit review and construction phase for the proposed upgrades shall cause the replacement of the entire screening walls with new, continuous screening materials to avoid seems in the screening extensions. The-RF transparent screening materials shall be colored and textured to match the existing building. G1 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. GS 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 Plaruiing and Building and Engineering Services Depariments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding PBD/RS/T:�Resolutions�RPCI 1-069MUPMODCDP.doc - 11 - 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. 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 pernut. US 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. B 1 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. PBD/RS/T:�Resolutions�RPCl 1-069MLTPMODCDP.doc _ 12 _ F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE PREVENTION DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): F23 Cell Sites: 1. The equipment enclosure shall be labeled to indicate "Telecommunications Equipment" or equivalent to the satisfaction of the Fire Department. If batteries are used in the telecommunications equipment cabinet, provide the proper labeled NFPA (National Fire Protection Association) 704 placard that indicates the hazard. 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. 2. The owner/applicant shall provide a Knox key box for emergency Fire Department access. PBD/RS/T:�Resolutions�RPCl 1-069MLJPMODCDP.doc - 13 -