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
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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.
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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.
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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:
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
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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.
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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
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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
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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.
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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.
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